Criminal Procedure - Dutton 2006 - B+

Criminal Procedure - Dutton 2006 - B+ - Criminal Procedure...

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Criminal Procedure Outline Investigative Phase INTRODUCTION The law reflects a balance between allowing police to do their jobs and allowing individuals to be free from intrusion The process: o Investigation These can be large or small: sometimes an officer simply views something happening, or sometimes police have to investigate narcotics trafficking or organized crimes in which they have to spend years gathering evidence through undercover agents, wiretapping or surveillance o Arrest Take suspect into custody and charge with a crime Arrest can be made with or without a warrant To get an arrest warrant, police officers/investigators work with the prosecutor to write up a complaint that shows probable cause that a crime has been committed by this certain person; take the complaint to a judge, who tests for probable cause and then issues a warrant Even if no arrest warrant is used, the police must afterwards work with the prosecutor to write a complaint and show probable cause A probable cause determination must be made o Administrative phase – “booking” Take suspect to holding facility to get photographs, fingerprints, etc. Sometimes post-arrest investigation Question the suspect: get him to waive his Miranda rights or cooperate in implicating others Interview more witnesses to get more statements o Charging decision (could happen before arrest) o Presentment/first appearance Suspect brought before a judge and informed of the charges against him Paperwork for suspect if he needs counsel Judge sets bail Detention prosecution must show flight risk Released on own recognizance if he doesn’t show up for court, he could be charged with other crimes o Information/indictment Convert the original arrest and complaint into an indictment Preliminary hearing a mini-trial in front of the judge in which defendant can be present and prosecution can put on witnesses to prove probable cause Or grand jury secret proceeding in which only prosecutor and prosecution witnesses are present Need 16 of 23 grand jurors to get an indictment results in a “true bill” Note: You can skip the whole complaint stage by going directly to the grand jury, getting an indictment, and then an arrest warrant o Case is now an official criminal case Sent to the trial court and set on trial track Most cases are disposed of by plea Pre-trial discovery turn over exculpatory evidence, defendant’s rap sheet, etc. Reciprocal rights: defendant must turn over evidence to prosecution 1
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Defense can make motions and challenge evidence o Trial Prosecution must prove the defendant guilty beyond a reasonable doubt Usually before a jury unless the defendant waived this right Fifth amendment right not to testify o Post-conviction remedies Appeal or direct appeal SEARCH AND SEIZURE P ROBABLE C AUSE o 4 th
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  • Fall '06
  • Dutton
  • Law, Fourth Amendment to the United States Constitution

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