Halberstam F05- Class Notes

Halberstam F05- Class Notes - CrimPro Class Notes Professor...

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CrimPro – Class Notes www.swapnotes.com Page 1 of 60 Professor Malvina Halberstam Fall 2005 8/29/05 Primarily dealing w/ 4 th , 5 th , and 6 th A issues. A. What are the goals of a system of criminal procedure? What are we trying to accomplish? Convict the guilty and acquit the innocent a. We have restrictions on the methods used, even if they would further those goals b/c those methods are not acceptable in our value system: i. Examples: 1. Don’t torture for coerced confessions b/c end up torturing innocent people, morally wrong to beat pp even if they are guilty, and possibility that innocent people will confess to stop the beating. a. Therefore, in each case, you have to weigh the values and determine which value and policy overrides the other . Weigh society’s interest in having guilty people convicted against the interest of having individuals retain certain rights that cannot be violated. 2. Can’t search and seizure w/o a warrant b/c we don’t want the gov to be able to arbitrarily search you or enter your home. a. CrimPro aims at convicting people who commit crimes while protecting us from gov intrusion in our lives 3. Privilege against self incrimination B. Steps in the Criminal Process : assume we have a felony arrest- a. Booking -the suspect is searched, record of arrest (name, time, fingerprint, photo b. Magistrate Judge -this is NOT the arraignment! This is an initial appearance before the magistrate and the judge tells the suspect what the charges against him are and what his rights are: Privilege against Self Incrimination (basis in the C for these rights) (counsel, a/t you say, don’t have to answer, bail, prelim hearing) i. Police want to delay appearance so b/c may get a confession, whereas the D wants to go right away. ii. SC held that a confession before the D appears before the magistrate is not valid for cases in federal courts c. Preliminary hearing -prosecutor presents evidence and judge decides if there is sufficient evidence to hold the person for trial. i. Don’t need evidence to establish guilt beyond a reasonable doubt— need sufficient evidence to establish probable cause for trial. ii. The D is present at the hearing and he may have a lawyer there—he doesn’t have to produce any evidence. 1. Benefit to D: a. It’s a discovery device-find out what the gov’s case is b. can cross examine the DA’s witnesses-can use it to impeach the witness later on in trial iii. Prosecution and police will not want a prelim hearing. They can avoid prelim hearing by going to the grand jury. Some states have law that
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CrimPro – Class Notes www.swapnotes.com Page 2 of 60 Professor Malvina Halberstam Fall 2005 you cannot charge s/o w/ a crime unless you have a grand jury indictment . 1.
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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- Class Notes - CrimPro Class Notes Professor...

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