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Unformatted text preview: Elan Weinreb – Criminal Procedure Outline – Page 1 of 194 Elan Weinreb January 25, 2002 Criminal Procedure – Halberstam Criminal Procedure Outline The exam: The exam in this course is multiple choice only. I. Introduction – The Modern Day Criminal Justice System A. Criminal Procedure today has nothing to do with procedure. A criminal procedure course deals primarily with constitutional law and principles that influence criminal justice. B. Different goals have to be balanced in this course, and the balancing of these goals is important for the running of the criminal justice system. 1. The primary goals of a system of Criminal Procedure – a) Protect the innocent from prosecution b) Protect the innocent from conviction c) Convict the guilty d) Determine the truth, as opposed to falsehood 2. An ideal system will therefore convict the guilty, acquit the innocent, and to the extent possible, not even prosecute the innocent. 3. The goals of a system of SUBSTANTIVE CRIMINAL LAW (as distinguished from procedure): a) Deterrence b) Retribution (AKA Society’s need for vengeance – retributive justice) c) Rehabilitation d) Punishment of the guilty individual (Justice for the victim) 4. Subsidiary goals of a system of Criminal Procedure – a) Protection of individual rights from the government abuse – (1) An example is the 4 th Amendment’s provisions against unreasonable searches and seizures. We don’t want government interference in our lives all the time. Sometimes, we are willing to sacrifice the value of Elan Weinreb – Criminal Procedure Outline – Page 2 of 194 convicting the guilty and protecting the innocent so as to protect our own individual security and rights. We want to protect ourselves from the government. We don’t want cops coming in and searching us on any basis. We don’t want to be exposed to the suspicions of the community without just cause. (2) The 5 th Amendment – “Nor shall be compelled in any criminal case to be a witness against himself” – The Supreme Court has interpreted this provision to state that a prosecutor cannot argue that a defendant should take the stand in his own defense (Griffin v. California). The idea of Miranda rights also comes from this Amendment. Again, the principle of convicting the guilty and protecting the innocent is BALANCED AGAINST these individual rights protecting one from government interference. b) Protection of human rights from government abuse – Avoidance of torture and unusual punishment at the hands of a coercive government so as to prevent people from being convicted for crimes that they did not commit. In other words, a subsidiary goal of the Criminal Procedure system is to prevent the innocent from being deemed guilty because they “broke on the rack.” C. An Overview of the Processes of the Criminal Procedure System – 1. A police officer arrests a person who is seen committing a felony....
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