Crim Pro- Heiny- Lyman

Crim Pro- Heiny- Lyman - Dual Sovereignty doctrine - One...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Dual Sovereignty doctrine - One crime can offend both federal and state - Each can prosecute and convict separately Criminal procedure - Crime occurs - Crime reported - Pre-arrest investigation - Arrest – with or without arrest warrant o Warrant – judge says probably cause o Gerstein review – if no warrant Judge decides if there was probably cause for the arrest Done within 48 hours - Booking - 1st appearance o ∆ is told that they are held on suspicion of a crime o State has 72 hours to file charges - Post arrest investigation o What level of crime will be charged? o Will there be multiple charges? o Examination and testing of evidence - Filing of charges o Grand jury If find probable cause → indictment – “true bill” If not probably cause → “no true bill” o Prosecutor – if GJ not necessary - 2nd appearance / arraignment o Public defender appointed o Attorney can enter appearance in writing - Discovery - Motions o Suppress evidence, dismiss, o Sanctions Balance between keeping them in line and not pissing them off o Motions in limine Determine whether some evidence will be excluded o Statutory notifications Pleas, witnesses, etc o Motion to release evidence - Preliminary hearing o Judge decides whether there is probably cause that ∆ committed this crime If already indicted by GJ, no preliminary hearing If information by prosecutor → still preliminary hearing o ∏ does not like PH (it is a little minitrial) Often will make plea offer to avoid - Disposition - Trial o Half time motion – Rule 29 After ∏ finishes → ∆ moves to dismiss b/c ∏ has not sufficiently proven case – renewed at end of ∆ case - Jury instructions - Verdict - Sentencing 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
o Usually the second hearing o Victim rights act Victim has right to be there or give written testimony for ∏ to read to CT o Sentencing guideline Fed Narrow ranges of possible prison sentences o Now only advisory Can mitigate down or up CO Ceiling on sentences, but no floor - Judgment entered - Appeal o One as of right o Supreme CT is discretionary - Post conviction remedies o Habeas petition o Motion to reduce sentence – Rule 35 Bill of Rights - Adamson v CA – Bill of rights is applied to states one at a time (∏ can comment on ∆ failure to testify under 5th) o “Natural law” rule Is the right so basic that without it, there is no due process? o Black, diss → should be total incorporation o Overrules Baron v Baltimore - Duncan v LA o Applies 6th am right to jury trial to the states o New rule Is this right a necessary part of the Anglo American regime of fundamental liberty? Is this the way Americans do things? -
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/12/2008 for the course LAW 7045 taught by Professor Dutton during the Fall '06 term at Colorado.

Page1 / 31

Crim Pro- Heiny- Lyman - Dual Sovereignty doctrine - One...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online