I. An Overview of the Criminal Justice Process
A. Introduction
q Constitutional Criminal Procedure – S.Ct.’s decision dealing with the application of the U.S. Constitution to the Criminal Justice Process.
q Criminal Justice Process – Defining of criminal acts + providing for punishment + enforcement
q The Criminal Code – varies from state to state (but must comply with the federal constitution)
q Functions of the Process
(1) Determining whether a crime has been committed
(2) Detecting the possible offender
(3) Apprehending that person
(4) Providing for a review of the evidence by the prosecutor (examine merits of prosecution)
(5) Providing for a review of the prosecutor’s decision by an independent agency (magistrate or grand jury)
(6) Providing for a determination by a jury or judge as to the alleged offender’s guilt, and
(7) Setting the punishment where the alleged offender has been found guilty
B. The Participants in the Administration of the Process
q Police
q Prosecutors
q Defense Counsel
q Judges
C. The Steps in Processing a Felony Case
1. Commission of the Crime
§ Victim or victimless (narcotics, gambling)
2. Pre-arrest Investigation
§ Once aware of the possible commission of a crime, police must determine
(1) Whether the crime was actually committed, and
(2) If so, whether there is sufficient info pointing to the guilt of a particular person to justify arrest
§ Degree of investigation varies (on site / search warrants…)
3. The Arrest
§ The taking of a person into custody for the purpose of charging him with a crime
§ Officer’s exercise of physical control à transport to facility à requesting filing of charge
§ Required: reasonable grounds (“probably cause”)
§ If no need for an immediate arrest, an officer may first seek an arrest warrant from the court (not required)
4. Booking
§ The clerical process by which an administrative record is made of the arrest
§ Searched, photographed à informed of charges à make a phone call
5. Post-arrest Investigation
§ Depended on factual circumstances
§ i.e. lineup to be viewed by witnesses, interrogation…etc.
6. The Decision to Charge
§ Between the booking of the arrestee and his presentation before a magistrate
§ Decision made first by the police dept. (special circumstances i.e. intrafamily assault, or insufficient evidence)
§ Once higher ranking officer approves à prosecutor’s office reviews (decide on filing charge as rec. by police)
7. Filing the Complaint
§ The filing of a charging documents before a court (in most felony cases the doc is the complaint)
§ Filed with the magistrates courts prior to the arrested person’s initial appearance
8. Magistrate Review of the Complaint
§ A complaint is filed with the magistrates court but its doesn’t have authority hold a trial in a felony case
§ Function: only to handle several preliminary tasks before transferring the case to a trial court
§ Responsibility: determine whether there is a sufficient legal basis (probable cause) to support the arrest
9. The First Appearance (“initial presentment” or “arraignment on the complaint”) – [look for insufficient evidence]
§ The first screening procedure as safeguard against unwarranted prosecution
§ Required: unnecessary delay in presentation before magistrate (some w 24hr limit)
§ Brief, informative, most initiate the appointment process at this point for legal counsel
§ Setting of Bail: Determination of condition that the D must meet to gain release form custody
§ 25-40% of the felons don’t get this offer
§ If misdemeanor charge, D not entitled to a preliminary hearing or a subsequent grand jury review à magistrate can hold trial.
10. Preliminary Hearing – [look for insufficient evidence]
§ Another screening procedure as safeguard against unwarranted prosecution
§ Adversary proceeding – mini trial (live witnesses)
11. Grand Jury Review – [look for insufficient evidence]
§ Another screening procedure as safeguard against unwarranted prosecution
§ Some states do not require grand jury review
§ Probable cause standard / But =Hears evidence in secret that is only presented by the prosecutor for about a month
§ The grant jury (16-23) votes on proposed indictment (a charging document) from prosecutor with the majority prevailing
12. Filing of the Indictment or Information
§ Now ready for presentation before the trial court
§ Once approved by the grand jury, the indictment is filed / if no grand jury required, its called information
13. Arraignment on the Information or Indictment
§ A brief process serving 2 purposes: (1) inform of the specific charges (2) permit answer by pleading guilty or not guilty or nolo contendere (no-contest) (the latter 2 response triggers setting of sentence)
§ Vast majority plead guilty = “plea bargaining” resulting in “negotiated pleas”
14. Pre-Trial Procedures
§ Discovery – process by which each sides learn of each others evidence
§ Pre-trial challenges presented to the judge
15. The Trial
§ A fact finding process aimed at determining whether the D is guilty of innocent of the offense charged
§ Adversarial / unanimous decision required
16. Sentencing
§ Another screening procedure as safeguard against unwarranted prosecution
§ Probable cause standard
17. Appeals
18. Collateral Challenge to the Conviction
19. Administering the Sentence
II. The Nature and Scope of 14th Amendment Due Process: The Applicability of the Bill of Rights to the States
A. The “Fundamental Rights” and “Incorporation” Theories
q “Total Incorporation” –argument that 14th amend. made all the provisions of the Bill of Rights applicable to the states
§ Emphatically rejected by the Court (Palko v. Connecticut and Adamson v. CA)
§ BUT instead – adopted “fundamental Rights” interpretation
q “Fundamental Rights” – Interpretation of 14th amend. finding no nec. rel. btw 14th and guarantees of Bill of Rights
§ Bill of Rights guarantee not binding to the states to the full extent
§ Regarded Due Process clause as simply incorporating all principles of justice
§ This approach requires but requires only that the state afford a defendant “that fundamental fairness essential to the very concept of justice” – presence of a specific Bill of Rights immaterial
§ “Has an independent potency” (Adams, Justice Frankfurter)
§ Prevailed until the early 1960s
PALKO v. CONNECTICUT302 U.S. 319 (1937) [14th amend doesn’t bind bill/rights to states] FACTS: D indicted for 1st deg murder, jury found 2nd deg (life imprison), Conn. Pursuant to state statute appealed, 2nd trial held, jury found 1st deg murder (death sentence), D appealed alleging (1) 14th amend, for viol of due proc (statute)(2) 5th amend, db jeop., S.Ct. Aff
DUNCAN v. LOUISIANA391 U.S. 145 (1968) [6TH amen. + 14th Selective incorporation standard]
FACTS: D convicted of simple battery was denied a request for a jury trial. Petitioned for a write of certiorari to challenge his conviction arguing 6th amend.’s right to jury trial.
ISSUE: Whether 6th amendment right to jury trial is a fundamental right covered by 14th amend to be applied to states = Answer: YES
HELD: D accused under Louisiana law of battery, a misdemeanor punishable by a max of 2 years imprisonment and $300 fine was entitled under 6th and 14th amend to jury trial notwithstandin that he was sentenced to serve 60 days in parishprison w $150 fine.
ANALYSIS: (1) trial by jury in criminal cases is fundamental to the American scheme of justice (2) a crime punishable by 2 years in prison is a serious crime, and not a petty offence which does not require a trial by jury.
· Question to ask is whether right is among those fundamental principles of liberty and justice which lie at base of all our civil and political institutions whether it is basic in our system of jurisprudence and whether it is fundamental right, essential to fair trial
· b/c trial by jury in criminal cases is fundamental to American scheme of justice, 14th amend guarantee right of jury trial in all criminal cases would come within 6th amendment’s guarantee
Dissent: Harlan joined by stewart expressing the view that a trial by jury in a criminal case is not a requisite of fundamental fairness
III. Arrest, Search and Seizure
A. THEEXCLUSIONARYRULE
q 4th Amendment – Guards Against Unreasonable Searches and Seizures
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
§ 4th Amendment says nothing about how it is to be enforced
q The “Exclusionary Rule” – evidence obtained in violation of 4th amend. is inadmissible in a criminal trial.
§ S.Ct. initially rejects the exclusionary rule applying to state under 14th amend. in (Wolf v. Colorado)
§ S.Ct. later accepts that the exclusionary rule is constitutional required in the state court (Mapp v. Ohio)
§ Primary Purpose of the Exclusionary Rule = deterrence of the police
