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