Halberstam F05 CrimPro - Outline

Halberstam F05 CrimPro - Outline - CrimPro - Outline...

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CrimPro - Outline www.swapnotes.com Page 1 of 31 Professor Malvina Halberstam Fall 2005 Criminal Justice System A. Goal : Convict guilty and acquit innocent, while preventing gov intrusion into our lives. i. Weigh the values and determine which value/policy overrides the other. B. Steps in the Criminal Process : (assume felony arrest) i. Booking -search suspect, record of arrest (name, time, fingerprint, photo) ii. Magistrate Judge -initial appearance where judge tells D charges and his rights 1. D wants appearance right away, but police try to delay b/c may get confession 2. SC: confessions before magistrate appearance are not valid in federal courts. iii. Preliminary hearing -prosecutor presents evidence and judge decides if there is sufficient evidence to establish probable cause to hold the person for trial. 1. D is present and can have a lawyer Æ good for D b/c discovery device and can cross examine witnesses so can use it to impeach them later. 2. DA doesn’t want hearing and can avoid it by getting a grand jury indictment. a. Functions of GJ : i. Indicting GJ -determine whether sufficient evidence to subject s/o to a criminal trial ii. Investigating GJ -investigate things on their own iii. Subpoena witnesses b. GJ is a close proceeding. Good: protect D’s rep. Bad: D cant counter the evidence. iv. Arraignment- D is informed of the charges a 2 nd time, counsel is appointed if not retained, set bail. Then, D enters a plea. Usually “not guilty” to get to trial. v. Pre-trial motions -change of venue, separate trials if multiple D, indictment insufficient on its face, Biased GJ so dismiss indictment, Motion to suppress evidence (if illegally seized) 1. Many states require motion to suppress b/c if COA reverses conviction b/c evidence wrongfully let in, there is a new trial. But, if D is acquitted b/c evidence kept out, then DA can appeal but no new trial b/c double jeopardy. vi. Trial- 1. D’s motions: objections to evidence, directed verdict after DA’s and D’s case vii. Sentencing viii. Appeal -deals w/ legal issues only. Most states give D an appeal as of right 1. D’s brief: evidence is insufficient to establish guilt beyond a reasonable doubt. 2. DA’s brief: evidence is sufficient to establish GBARD. 3. Levels of Appeal : a. Appellate Division -felonies. Appellate Term -misdemeanor i. NY: AD may deal w/ fact issues and can reverse in the interest of justice. b. Court of Appeals- only legal issues. c. Supreme Court of the US -Usually, only C issues. i. 2 ways to get into US SC: petition for cert or as of right 4. NY- Corum Novus -trial level court in the jurisdiction where D held ix. Post Conviction Remedies 1. Petition for Habeas Corpus (produced in body)-after D exhausts state courts, can get into federal court by arguing that there is a violation of the US C
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CrimPro - Outline www.swapnotes.com Page 2 of 31 Professor Malvina Halberstam Fall 2005 Chapter 2-Due Process of Law-4 Theories: A. Fundamental Fairness- DP means “violate those fundamental principles of liberty and
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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.

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Halberstam F05 CrimPro - Outline - CrimPro - Outline...

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