Class Notes

Class Notes - 10/26/10 After charged with a crime o There...

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10/26/10 After charged with a crime… o There is an initial hearing o Once the charge is done it gets to the person by warrant or summons Warrant: probably cause has to be presented to a judge who decides the amount of bail will be for charge Summons: a judge has to find probable cause; sent through mail and gets a court date Felonies o Judge does have to find probable cause Misdemeanors o Judge doesn’t have to find probable cause Info must contain o Date of offense o Jurisdiction for offense o Elements of offense (what comprises the crime of robbery for example) o Has to be specific enough for the person charged to understand what they are being charged with After charging info goes out… o There is an initial hearing within 48 hours o Judge will ask if defendant understands charge and penalties and rights o Ask if they are going to hire a lawyer or need to be appointed a lawyer Why is it important to have a lawyer? o Because it’s a basic fundamental constitutional right Felony o Always entered as not guilty o Judge isn’t going to let someone plead guilty because it’s not fair Misdemeanor o Can plead guilty o Also entitled to a jury trial but have to ask for it in a certain amount of time Discovery o After you’ve been informed of the charges, the state gives you or your defense lawyer what the state has to prove the charges against you First rule: state has to give you anything that is potentially exculpatory (anything that could show that you have not committed the crime or would be found not guilty) At a crime scene there is always something left and there is always something taken (whether it’s intentional or not) Lie detector tests are not reliable o Private businesses use them on the theory they can find out certain things and ask other questions Not easy to get fingerprints off of a surface o Don’t last very long on some things (cloth) o Last long on other things (glass)
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Prosecutor must give all evidence The prosecutor is deemed to know what the police know *The defense doesn’t have to tell the prosecutor whether or not the defendant is going to testify* Insanity doesn’t exist outside of the legal field; it’s a legal term o Can be found: Guilty, but mentally ill Not guilty by reason of insanity (placed in a mental institution until not insane anymore and released); not common 10/28/10 Purpose of a grand jury to listen to all evidence and decide whether guilty or not guilty Grand jurors, judge, prosecutors in there; the prosecutor presents evidence to grand jury
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Class Notes - 10/26/10 After charged with a crime o There...

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