Halberstam F05 CrimPro - Short Outline

Halberstam F05 CrimPro - Short Outline - CrimPro – Short...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: CrimPro – Short Outline www.swapnotes.com Page 1 of 22 Professor Malvina Halberstam Fall 2005 Criminal Justice System A. Goal : Convict guilty and acquit innocent, while preventing gov intrusion into our lives. A. Steps in the Criminal Process : (assume felony arrest) i. Booking-search suspect, record of arrest (name, time, fingerprint, photo) ii. Magistrate Judge-1 st appearance-Tell D charge/rights. Cops delay to get confession iii. Preliminary hearing-DA gives evidence. Judge decides if sufficient evidence to establish probable cause to hold person for trial. 1. D present and can have lawyer Æ discovery device and cross to impeach later 2. DA can avoid it by getting a grand jury indictment. a. Functions of GJ : (closed proceeding-protects D’s rep, but cant counter) i. Indicting GJ-if sufficient evidence to subject s/o to a crim trial ii. Investigating GJ-investigate things on their own iii. Subpoena witnesses iv. Arraignment- charges again, appoint counsel if no retained, bail, plea (NG to get trial) v. Pre-trial motions-change of venue, separate trials if multiple D, indictment insufficient on its face, dismiss indictment b/c biased GJ, motion to suppress evidence vi. Trial- D’s motions: objections to evidence, directed verdict after DA’s and D’s case vii. Sentencing viii. Appeal-Legal issues only. Most states give D an appeal as of right 1. D’s brief : evidence insufficient to establish GBARD. DA’s brief : is sufficient! 2. Levels of Appeal : a. Appellate Division-felonies. Appellate Term-misdemeanor i. NY: AD may deal w/ facts and reverse in the interest of justice b. Court of Appeals- only legal issues. c. SC of the US-only C issues. 2 ways in : petition for cert or as of right ix. Post Conviction Remedies- habeas corpus-petition to fed courts after exhaust states Chapter 2-Due Process of Law-4 Theories: A. Fundamental Fairness- DP-“violate those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions” “fair and enlightened system of justice would be impossible w/o them” (Cardozo, Harlan, Frankfurter) a. Palko v CT- CT appealed murder 2-got murder 1 in a new trial. D: Incorp-BOR double jeopardy provision applies to states b/c 14 th A incorps BOR, DJ for state to appeal and get new trial. Æ Cardozo: rejects incorp for liberty/natural law! OR!!! i. Immunities against the fed that are immunities against the state under the 14 th A exist b/c they fall under the rubric of liberty, not b/c 14 th encompasses 5 th b. Adamson v CA-D has choice to explain and impeach self or quiet and get comment. D: 5 th A applies to states-interpret that no comment when invoke privilege OR!!!...
View Full Document

This note was uploaded on 02/14/2008 for the course LAW 7118 taught by Professor Halberstam during the Fall '02 term at Yeshiva.

Page1 / 22

Halberstam F05 CrimPro - Short Outline - CrimPro – Short...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online