What is criminal procedure?
A branch of constitutional law that pits public safety against guaranteeing liberty. USSC balances need for liberty and order.
Federal Rules of Criminal Procedure:
The rules that govern the conduct of all criminal proceedings brought in federal courts.
4th Amendment:
The right of the people to 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 causer, supported by oath or affirmation and particularly d
5th Amendment:
Grand jury, double jeopardy, self-incrimination clause, due process (DP).
[Applicable to the feds.]
6th Amendment:
Speedy and public trial, impartial jury, confrontation, compulsory process.
8th Amendment
protects against: unreasonable bail, cruel and unusual punishment
14th Amendment
2 types of Due Process:
substantive- no arbitrary action by gov. officials
Procedural- violation of significant life, liberty or property occurs.
[applicable to states]
Bill of Rights
the first 10 amendments poured into the container of the 14th A.
Incorporation Doctrine
The Bill of Rights only placed limitations on powers of the federal government. But with the total incorporation doctrine perspective holds that the 14th amendment's due process clause incorporates the entire Bill of Rights. Making all protections specifi
Problems with incorporation doctrine:
1) most contact btwn citizens and police occurs @ state&local levels- important to determine role of fed. constitution at state level.
2) according to some threatens federalism- which allows states to develop their own rules and laws of criminal procedure
doctrine of selective incorporation:
means some of the rights in the bill of rights should be incorporated.
Precedent:
A rule of case law, a decision by a court, that is binding on all lower courts in that court's jurisdiction as well as the court issuing the decision.
Stare decisis:
Let the decision stand" practice of adhering to previous decisions, or precedent. [promotes consistency]
Due Process Model:
Maximize human freedom, protect from undue gov. influence, innocent until proven guilty, legal guilt not factual guilt, obstacle course, quality over quantity, insistence on formality, faith in courts.
Crime Control Model:
Concern with controlling crime, ends matter-not means, assembly line, quantity over quality, insistence on informality, faith in police.
State Structure:
Courts of limited jurisdiction, courts of general jurisdiction (superior courts), intermediate appellate courts, state supreme courts.
Federal Structure:
District courts (94), U.S. Courts of Appeal (13), U.S. Supreme Court.
Citation Format:
"Miranda v. Arizona, 384 U.S. 436 (1996)
Names are the parties, "384" is the volume, "U.S.= publication where case can be found/name of reporter, "436"= starting pg. #, "1996=year of DECISION.
Defendant:
person charged
Prosecutor
charging party
Appellant:
person who appeals
Appellee:
person appealed against
Petitioner:
one who petitions for habeas corpus review
Reversal or Vacate:
Nullify/ set aside
Remand:
send back to trial court
Opinion
voice of majority of justices
Concurring opinion
opinion in agreement with majority but using different reasoning.
How cases arrive to USSC
1) state level cases raise a federal/constitutional question
2) writ of certiorari is issued and court decides whether to accept case
3) Rule of 4- 4 of the 9 justices have to agree.
Bright-line decision:
one in which the court hands down a specific rule, one subject to very little interpretation. [metaphorical "line drawn in the sand"]
* ie. Wilson v. Layne- Supreme Court said that police can't bring media along on the service of warrants unless its prese
Section 1983 Action:
Civil- it can be used independently of the criminal process. (will never result in imprisonment of the D.)
Provides remedy in federal court for the deprivation of any rights...secured by the constitution and laws of the U.S.
Pretrial:
Arrest, search of suspect, booking, suspect is now a D., Charged (indictment out of Grand Jury or info., Probable Cause hearing, Arraignment, Discovery.
Adjudication:
Possibly guilty plea, in no plea= trial, prosecution first- then defense, case decided by judge or jury, special steps to insure impartiality, accused enjoys many constitutional protections at trial.
Beyond Conviction:
Sentencing, Appeals (automatic or discretionary), Habeas Corpus (collateral attack on the judgment)
Legal Remedies:
...
Exclusionary Rule:
Evidence obtained in violation of the constitution can't be used in criminal proceeding to prove guilt.
* Not in the constitution, it was judicially created in interpreting the 4th A.--- (Basically evidence is kept out of court.)
Pro Exclusionary Rule:
It Doesn't: deter misconduct, exclude reliable evidence, creates public cynicism, punish innocent citizens, should be abandoned in favor of other remedies.
Against Exclusionary Rule:
It DOES: deter police misconduct, rarely is applied, not cause for public cynicism, is desirable b/c alternatives are ineffective.
Exclusionary Rule doesn't apply:
In grand jury investigations, habeas corpus proceedings, parole revocation hearings, civil actions brought by the IRS, deportation hearings, most civil asset forfeiture cases.
Good Faith Exception:
Key case "U.S. v. Leon"- provides protection for honest, good faith mistakes, not limited strictly to police mistakes.
Silver Platter Doctrine:
a practice prior to Elkins v. U.S. that permitted the use of evidence in federal court that had been obtained illegally by state officials.
* fed. officials couldn't expect illegally obtained evidence to be admissible if they seized it but under this doct
Fruit of the Poisonous Tree Doctrine
Applies not only to evidence obtained as a direct result of a constitutional rights violation, but also to evidence indirectly derived from the violation.
Case- by-case adjudication:
Supreme court refers to the totality of the circumstances.this means that all facts & circumstances surrounding the case must be examined in order to determine whether a constitutional violation has taken place.
requires looking at each case individually
Exceptions to Fruit of the poisonous tree doctrine:
1) Attenuation/purged taint: evidence admissible if "taint is purge" (enough time has passed for it to be purged)
2) Independent Source: evidence admissible if obtained by 3rd party.
3) Inevitable discovery: evidence admissible if it would have been found
18 U.S.C. section 242 (criminal liability)
rarely used to prosecute fed. law enforcement. [conduct has to be BAD.]
Injunctive relief:
lawsuits where one seeks to stop the harmful action.
Civil remedies:
lawsuits, damages=$$
Color of Law:
Applies when a police officer identifies themselves as one, performs criminal investigations, files official documents, makes an arrest, invokes police powers, and displays weapon or equipment.
Activating the 4th Amendment
Only triggered by GOVERNMENT action & Must infringe on a "reasonable expectation of privacy.
Who is considered government officials:
Uniformed police officers acting in their official capacity, regulatory officials, fire inspectors, OSHA inspectors, Mine inspectors, public school employees, private party used in place of police, most private security guards are private actors.
When do private actors become "gov. agents"?
When they act at the behest of the government, or need the knowledge & consent of the gov.
Curtilage:
area around the house (expectation of privacy)
Open Field:
outside the curtilage (doesn't enjoy privacy)
Enhancement Devices:
Devices that assist, rather than replace the senses. [Flashlights, drug dogs, satellite photography, thermal imagery. ]
Search:
occurs when a government actor infringes on a reasonable expectation of privacy
Seizure:
occurs when there is a meaningful interference with an individual's possessory interest in that property. (US v. Jacobsen, 1984)
Actual Possession v. Constructive Possession
actual= holding the object
constructive= object in close proximity
Seizure of persons:
occurs when a police officer, by means of physical force or show of authority, intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she isn't free to leave. (Terry v. Ohio, 1968)
Justification/ A priori justification:
police must have cause BEFORE they conduct a search or a seizure. And justify what they do before the fact evidence not after the fact.
Probable Cause:
Exists when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient to warrant a prudent man in believing that a suspect had committed or was committing an offense. (Beck v.
Objective Reasonableness:
would a reasonable person believe that criminal conduct has occurred or was about to occur?
Probable Cause Factors:
prior record, flight from scene, suspicious conduct, admissions, incriminating evidence, unusual hour, suspect resembles perpetrator, evasive or untruthful answers, presence in high crime area or near crime scene, furtive gestures, knowing too much.
Reasonable Suspicion:
Created in Terry v. Ohio, Hunch, reasonable suspicion, probable cause, look at totality of circumstances.
Administrative justification:
reserved primarily for regulatory functions and special needs beyond law enforcement.
*Balances individual privacy with need to preserve public safety.--- no need to show criminal activity taking place.
Kyllo case
Thermal imaging- not upheld by USSC, b/c without a warrant, it was an invasion of privacy and it went beyond the senses.
Jones v. U.S.
GPS case where USSC decided that it was unconstitutional and it invaded his privacy.
Articuable facts:
Events that are witnessed and can be explained. (Necessary for establishing probable cause)
*Contrast these with hunches and guesses.