Criminal Procedure

4-2

ObjectivesKnow the rights a person has when arrested

Identify what amendments contain these rights

List and define the common defenses to criminal charges

Major objective of the Constitution

Is to protect individuals from certain actions of the federal government

Believe it is better to give individuals too much liberty than to allow the government too much power

Why is it important for individuals to have

protection from certain governmental

actions?

What rights does someone who has been

arrested have?

What rights does someone who has been

arrested have?

Why is it important to have an attorney present

if you are suspected of committing a crime or are

arrested?

Why is it important to have an attorney present

if you are suspected of committing a crime or are

arrested?

In order to be arrested…In order to be arrested…

There must be probable cause That there must be reasonable belief that a

crime was committed and you committed it.

There must be probable cause That there must be reasonable belief that a

crime was committed and you committed it.

Probable CauseProbable Cause

Standard by which police has authority to make an arrest

Conduct a personal property search Or to obtain a warrant for arrest

Standard by which police has authority to make an arrest

Conduct a personal property search Or to obtain a warrant for arrest

WarrantWarrant

Warrant - is an order describing the person to be arrested and the charge made

Issued by the judge Directs law enforcement to make an arrest

and bring that person before the court Can make an arrest with or without

Warrant - is an order describing the person to be arrested and the charge made

Issued by the judge Directs law enforcement to make an arrest

and bring that person before the court Can make an arrest with or without

When can an officer arrest?

When can an officer arrest?

The officer has reasonable ground to believe that a warrant for your arrest has been issued.

You committed or attempted to commit a crime in the presence of the officer

The officer has reasonable grounds to believe that a crime has been committed and that you are the person who did it

The officer has reasonable ground to believe that a warrant for your arrest has been issued.

You committed or attempted to commit a crime in the presence of the officer

The officer has reasonable grounds to believe that a crime has been committed and that you are the person who did it

When being arrested. . .When being arrested. . .

Police must inform a person of the charge

Miranda Warning

Police must inform a person of the charge

Miranda Warning

Your Rights in the Criminal Justice System

Your Rights in the Criminal Justice System

Your Rights with Police:

Miranda Rights - a criminal suspect's rights during police interrogations.

Search and Seizure - protection from unreasonable searches and unlawful arrests.

Your Rights with Police:

Miranda Rights - a criminal suspect's rights during police interrogations.

Search and Seizure - protection from unreasonable searches and unlawful arrests.

Your Rights in the Courtroom:Your Rights in the Courtroom: Right Against Self-Incrimination - the government can't force

individuals to make statements that would implicate them in a crime.

Right to Counsel - criminal defendants have the right to legal representation by a qualified and competent attorney.

Right to Speedy Jury Trial - the government must bring a defendant to trial in a reasonable amount of time.

"Double Jeopardy" Protections - with a few important exceptions, the government can't prosecute individuals for the same crime twice.

Defendants in a criminal case have the right to confront the witnesses against them.

Right Against Self-Incrimination - the government can't force individuals to make statements that would implicate them in a crime.

Right to Counsel - criminal defendants have the right to legal representation by a qualified and competent attorney.

Right to Speedy Jury Trial - the government must bring a defendant to trial in a reasonable amount of time.

"Double Jeopardy" Protections - with a few important exceptions, the government can't prosecute individuals for the same crime twice.

Defendants in a criminal case have the right to confront the witnesses against them.

Your Rights if ConvictedYour Rights if Convicted

Right to Counsel - 1st Appeal - defendants have a right to an attorney for an appeal as well as at trial.

No Cruel & Unusual Punishment - the sentences handed out by the criminal justice system cannot be unduly harsh.

Prisoners' Rights (Civil Rights Center)- a defendant's rights in the criminal justice system does not end after sentencing.

Right to Counsel - 1st Appeal - defendants have a right to an attorney for an appeal as well as at trial.

No Cruel & Unusual Punishment - the sentences handed out by the criminal justice system cannot be unduly harsh.

Prisoners' Rights (Civil Rights Center)- a defendant's rights in the criminal justice system does not end after sentencing.

Rights When Someone is Arrested/Accused

Rights When Someone is Arrested/Accused

Basic rights of a citizen are stated in the 4th 5th 6th 8th

Basic rights of a citizen are stated in the 4th 5th 6th 8th

Rights When ArrestedRights When Arrested

May not be compelled to testify against themselves

Cross examine witnesses Represented by a lawyer (provided by

state) Right to remain silent

May not be compelled to testify against themselves

Cross examine witnesses Represented by a lawyer (provided by

state) Right to remain silent

Miranda RuleMiranda Rule Developed to protect individuals Fifth

Amendment right against self-incrimination

Ensures that people in custody realize they do not have to talk to the police - attorney

If not given before questioning, or if police continue to question a suspect after he/she indicates in any manner a desire to consult an attorney before speaking - statements generally are inadmissible

Developed to protect individuals Fifth Amendment right against self-incrimination

Ensures that people in custody realize they do not have to talk to the police - attorney

If not given before questioning, or if police continue to question a suspect after he/she indicates in any manner a desire to consult an attorney before speaking - statements generally are inadmissible

Amendment IVAmendment IVThe Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests ("seizures").

Unreasonable Search and Seizures

Unlawful Arrests

Your Rights: Search and Seizure

Your Rights: Search and Seizure

A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and

Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.

A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and

Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.

In the criminal law realm, Fourth Amendment "search and seizure" protections extend to:

When Does the Fourth Amendment Apply?When Does the Fourth Amendment Apply? The legal standards derived from the Fourth Amendment

provide constitutional protection to individuals in the following situations, among others:

An individual is stopped for police questioning while walking down the street.

An individual is pulled over for a minor traffic infraction, and the police officer searches the vehicle's trunk.

An individual is arrested. Police officers enter an individual's house to place him or her

under arrest. Police officers enter an individual's apartment to search for

evidence of crime. Police officers enter a corporation's place of business to

search for evidence of crime. Police officers confiscate an individual's vehicle or personal

property and place it under police control.

The legal standards derived from the Fourth Amendment provide constitutional protection to individuals in the following situations, among others:

An individual is stopped for police questioning while walking down the street.

An individual is pulled over for a minor traffic infraction, and the police officer searches the vehicle's trunk.

An individual is arrested. Police officers enter an individual's house to place him or her

under arrest. Police officers enter an individual's apartment to search for

evidence of crime. Police officers enter a corporation's place of business to

search for evidence of crime. Police officers confiscate an individual's vehicle or personal

property and place it under police control.

However, in most instances a police officer may not search or seize an individual or his or her

property unless the officer has:

However, in most instances a police officer may not search or seize an individual or his or her

property unless the officer has:

A valid search warrant; A valid arrest warrant; or A belief rising to the level of "probable

cause" that an individual has committed a crime.

A valid search warrant; A valid arrest warrant; or A belief rising to the level of "probable

cause" that an individual has committed a crime.

Amendment VAmendment V No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. . .; nor shall any person be subject for the same offence to be twice put in jeopardy . . .; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

DUE PROCESS, DOUBLE JEOPARDY, SELF INCRIMINATION

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. . .; nor shall any person be subject for the same offence to be twice put in jeopardy . . .; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

DUE PROCESS, DOUBLE JEOPARDY, SELF INCRIMINATION

Amendment VIAmendment VIRights for defendants during a criminal prosecution:

• including the right of the accused to confront their accusers.

“In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”.

SPEEDY TRIAL, TRIAL BY JURY, THE RIGHT TO CONFRONT WITNESSES, COUNSEL

Amendment VIIIAmendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

PROHIBITS AGAINST EXCESSIVE BAIL AND FINES

AND

CRUEL AND UNUSUAL PUNISHMENT

ANY EVIDENCE. . .ANY EVIDENCE. . .

Obtained in violation of the accused’s 4, 5, 6 Amendment rights - is not admissible

Detour police from conducting warrantless searches and following other improper procedures

Obtained in violation of the accused’s 4, 5, 6 Amendment rights - is not admissible

Detour police from conducting warrantless searches and following other improper procedures

Miranda WarningsMiranda Warnings You have the right to remain silent. If you do say anything, what you say can be

used against you in a court of law. You have the right to consult with a lawyer and

have the lawyer present during questioning. If you cannot afford a lawyer, one will be

appointed for you if you so desire. If you choose to talk to the police officer, you

have the right to stop the interview at any time.

You have the right to remain silent. If you do say anything, what you say can be

used against you in a court of law. You have the right to consult with a lawyer and

have the lawyer present during questioning. If you cannot afford a lawyer, one will be

appointed for you if you so desire. If you choose to talk to the police officer, you

have the right to stop the interview at any time.

When Miranda Warning is RequiredWhen Miranda Warning is Required

If a person is in custody (deprived of his/her freedom) the police must give a Miranda warning if they want to question the suspect and use the suspect’s answers as evidence at trial.

If the person is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime.

Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.

If a person is in custody (deprived of his/her freedom) the police must give a Miranda warning if they want to question the suspect and use the suspect’s answers as evidence at trial.

If the person is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime.

Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.

More info!More info!

If a person hasn’t yet been arrested, the police may question the person and use the answers in court without first providing the Miranda warning.

Do not have to respond to questions

Fifth Amendment - guarantees the “right to silence”

If a person is a suspect - consult a attorney - decline politely

If a person hasn’t yet been arrested, the police may question the person and use the answers in court without first providing the Miranda warning.

Do not have to respond to questions

Fifth Amendment - guarantees the “right to silence”

If a person is a suspect - consult a attorney - decline politely

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

ExampleExample Suppose Dan is arrested and, without being read his

Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

Suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

Criminal TrialCriminal Trial

Evidence must establish guilt beyond a reasonable doubt The majority of evidence supports the guilty

verdict

Trial by jury Found guilty only if all the jurors vote to convict

Evidence must establish guilt beyond a reasonable doubt The majority of evidence supports the guilty

verdict

Trial by jury Found guilty only if all the jurors vote to convict

Burden of ProofBurden of ProofThe duty of establishing the truth of the matter, the duty of proving a fact that is in dispute

The duty of establishing the truth of the matter, the duty of proving a fact that is in dispute

PlaintiffPlaintiffA person who brings a lawsuit

A person who brings a lawsuit

DefendantDefendantThe person against whom

an action is brought

The person against whom an action is brought

Preponderance of Evidence

Preponderance of Evidence

The degree of proof required in most civil actions.

It means that the greater weight and value of the credible evidence, taken as a whole belongs to one side in a lawsuit rather to the other side.

In other words, the party whose evidence is more convincing has a preponderance of evidence on its side and must, as a matter of law, prevail in the lawsuit because it has met its burden of proof.

The degree of proof required in most civil actions.

It means that the greater weight and value of the credible evidence, taken as a whole belongs to one side in a lawsuit rather to the other side.

In other words, the party whose evidence is more convincing has a preponderance of evidence on its side and must, as a matter of law, prevail in the lawsuit because it has met its burden of proof.

Beyond a Reasonable Doubt

Beyond a Reasonable Doubt

The degree of proof required to convict a person of a crime

Innocent until proven guilty beyond a reasonable doubt

The degree of proof required to convict a person of a crime

Innocent until proven guilty beyond a reasonable doubt

Defenses to Criminal Chargers

Defenses to Criminal Chargers

Name and describe the two categories of defenses to criminal

charges and give several examples of each

Name and describe the two categories of defenses to criminal

charges and give several examples of each

How did the Miranda Warning come about?How did the Miranda Warning come about?

Why must police officers be very careful in the way that they arrest and question accused individuals?

Why must police officers be very careful in the way that they arrest and question accused individuals?

What is a DEFENSE?What is a DEFENSE?

Is a legal position taken by an accused to defeat the charges against him or her

Is a legal position taken by an accused to defeat the charges against him or her

Defenses to Criminal Charges

Defenses to Criminal Charges

The State must prove defendant is guilty beyond a reasonable doubt

Even if it looks as if the defendant is guilty - can escape criminal liability

The State must prove defendant is guilty beyond a reasonable doubt

Even if it looks as if the defendant is guilty - can escape criminal liability

Defenses to Criminal ChargesDefenses to Criminal Charges

Defense Allows the defendant to escape liability

Two types of defenses 1. Procedural 2. Substantive

Defendant must produce the evidence to support any defense

Defense Allows the defendant to escape liability

Two types of defenses 1. Procedural 2. Substantive

Defendant must produce the evidence to support any defense

Procedural DefensesProcedural Defenses Defenses based on problems with the way

evidence is obtained or the way the accused person is arrested, questioned, tried or punished.

Defenses based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried or punished.

Procedural DefensesProcedural Defenses

Signed a confession - threatened by police

Not advised of rights

Signed a confession - threatened by police

Not advised of rights

Procedural DefensesProcedural Defenses

Evidence can not be introduced due to procedural defenses.

Evidence can not be introduced due to procedural defenses.

Substantive DefensesSubstantive Defenses Defenses that disprove, justify, or excuse

the alleged crime. Defenses that disprove, justify, or excuse

the alleged crime.

Substantive DefensesSubstantive Defenses

These types of defenses discredit the facts Eye Witness In hospital/school when crime occurred Self defense Criminal insanity Immunity

These types of defenses discredit the facts Eye Witness In hospital/school when crime occurred Self defense Criminal insanity Immunity

Self DefenseSelf Defense

Is the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape or kidnapping.

Is the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape or kidnapping.

Self DefenseSelf Defense

Extends to Family members and others to whom one has a legal duty to protect

May not use deadly force if non-deadly force appears reasonably sufficient

Only non-deadly force may be used to recover property

Extends to Family members and others to whom one has a legal duty to protect

May not use deadly force if non-deadly force appears reasonably sufficient

Only non-deadly force may be used to recover property

Self DefenseSelf Defense

Can not set deadly traps

May not shoot a thief who is fleeing

Can not set deadly traps

May not shoot a thief who is fleeing

Criminal InsanityCriminal Insanity Generally exists when the accused does

not know the difference between right and wrong because of a verifiable mental disease or defect

Generally exists when the accused does not know the difference between right and wrong because of a verifiable mental disease or defect

Criminal InsanityCriminal Insanity

Defense must prove insanity

Criminal insanity = no criminal intent

Defense must prove insanity

Criminal insanity = no criminal intent

ImmunityImmunity Is the freedom from prosecution even when

one has committed the crime charged.

No prosecution or a less serious charge

grant immunity to a witness who may hold key knowledge about a crime

Is the freedom from prosecution even when one has committed the crime charged.

No prosecution or a less serious charge

grant immunity to a witness who may hold key knowledge about a crime

ImmunityImmunity One criminal may be granted immunity in

exchange for an agreement to testify about the criminal conduct of several other criminals.

Removes - against self incrimination

district attorney's mission is to obtain convictions - in the interest of seeking the truth

One criminal may be granted immunity in exchange for an agreement to testify about the criminal conduct of several other criminals.

Removes - against self incrimination

district attorney's mission is to obtain convictions - in the interest of seeking the truth

Name the two defense categories and give an example of each

Name the two defense categories and give an example of each

Procedural Defense

Substantive Defense

Procedural Defense

Substantive Defense

PunishmentPunishment Any penalty provided by law and imposed

by a court Any penalty provided by law and imposed

by a court

PunishmentPunishment

Discipline the wrongdoer

Punishment should also detour others from similar behavior.

Discipline the wrongdoer

Punishment should also detour others from similar behavior.

PunishmentPunishment Criminal statutes set maximum limits for

punishment

May remove criminals from society

Range from fines to imprisonment to death

Criminal statutes set maximum limits for punishment

May remove criminals from society

Range from fines to imprisonment to death

Plea BargainPlea Bargain An accused person agrees to plead guilty

to a less serious crime in exchange for having a more serious charge dropped.

Voluntarily gives up the right to a public trial to avoid the risk of greater penalty if convicted.

An accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.

Voluntarily gives up the right to a public trial to avoid the risk of greater penalty if convicted.

Plea BargainPlea Bargain Outcome of trial is unpredictable

Gives prosecution and defense some control over the result

90% of convictions come from negotiated pleas

Outcome of trial is unpredictable

Gives prosecution and defense some control over the result

90% of convictions come from negotiated pleas

Plea Bargain

Defendants’ BenefitPlea Bargain

Defendants’ Benefit Reducing uncertainty associated with trial and

avoiding harsher punishment Receive lighter sentence Save attorney fees Have fewer or less serious offenses on record Charge dismissed Avoid publicity Keep others out of the case

Reducing uncertainty associated with trial and avoiding harsher punishment

Receive lighter sentence Save attorney fees Have fewer or less serious offenses on record Charge dismissed Avoid publicity Keep others out of the case

Plea Bargain Prosecutors’ Benefit/Incentives

Plea Bargain Prosecutors’ Benefit/Incentives

Crowded calendars - judges don’t have time Jails are over crowded - before they complete their

sentence - offenders who are not likely to do much jail time leads to fewer problems with overcrowding

Less work/quicker Spend time and resources for more important cases No case is ever a slam dunk - long and expensive Offer a deal to someone whom, though guilty, has

given testimony about a co-defendant or helped resolve some other troubling case

Eliminate the risk of an acquittal

Crowded calendars - judges don’t have time Jails are over crowded - before they complete their

sentence - offenders who are not likely to do much jail time leads to fewer problems with overcrowding

Less work/quicker Spend time and resources for more important cases No case is ever a slam dunk - long and expensive Offer a deal to someone whom, though guilty, has

given testimony about a co-defendant or helped resolve some other troubling case

Eliminate the risk of an acquittal

Assignment Sheet

Assignment Sheet

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