Crim Law - White - Spring 2006

Crim Law - White - Spring 2006 - CRIMINAL LAW OUTLINE I....

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CRIMINAL LAW OUTLINE I. The System and its Processes A. Structure 1. purposes: removing dangerous people, deterrence, and reform 2. agencies i. police: great discretion in deciding what to arrest people for a. only 1-4% of “challenges” between police and citizens result in an arrest b. to arrest, need probable cause c. not the norm to arrest for things like routine traffic violations d. other things to do/avoiding paperwork e. discretion can be biased ii. prosecutors: discretion in deciding what to prosecute/plea bargaining, juries usually do what they ask iii. magistrates: usually exercise less discretion than the law allows them, because of congested calendars iv. judges: appointed/elected, congestion problem a. discretion: sentencing, trial management, jury instruction, dismissal of cases v. corrections: isolated from the public eye. a. 2 million at any given time (2% of population) b. about 1/3 of black males incarcerated in their lifetimes 3. stages of a criminal case (see p. 10) i. a crime is observed or reported ii. investigation and (maybe) an arrest a. 48% of violent crimes known to police are cleared by an arrest b. only 18% of known serious property crimes c. cities over 1 million: 38% violent/11% property crimes iii. flow of cases through the system a. HUGE flow of cases, mass production b. system pervaded by exercise of loosely controlled discretion c. balkanization: decentralized administration d. professionalization varies greatly with geography iv. some cases eventually reach Trial a. voir dire 1. excused for cause 2. peremptory challenges b. opening statement c. witnesses answer questions 1. objections from counsel d. judge gives jury instructions e. jury deliberates and hopefully returns a verdict f. maybe appeal 1. it’s not double jeopardy if new trial after a conviction ( Burks v. US )
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B. Evidence 1. recited data are only a fraction of the remembered data, which is a fraction of the total data of the event (Markus) 2. witness credibility i. female witnesses are perceived as less credible by both men and women ii. hedges (I think, it seems like) iii. hesitations (uh, um, well) iv. polite forms (sir, please) v. question intonation vi. intensifiers (very, definitely) (may be so overused that they suggest the speaker is not to be taken seriously) vii. witnesses that are female, poor, uneducated are more likely to do all these things (Conley) 3. presentation i. prosecution presents first a. must meet its burden of proof. If not, D presents evidence ii. defense presents a. refute P’s case-in-chief b. establish an affirmative defense iii. prosecution rebuttal iv. defense rejoinder 4. admissibility of evidence i. relevance a. BOTH probative (tends to establish the proposition for which it is offered) b. AND material (proposition the evidence tends to prove will affect the outcome of the case under applicable law) ii. privilege against self-incrimination iii. prejudice (Rule 403) a. evidence inadmissible if probative value is outweighed by
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Crim Law - White - Spring 2006 - CRIMINAL LAW OUTLINE I....

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