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CRJU 313 (3)
Leasure (3)
Lecture 3

CRJU 313 Lecture 3: CRJU 313 - Exam 3

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Department
Criminology and Criminal Justice
Course Code
CRJU 313
Professor
Leasure

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Description
Pretrial Procedures 16:59 Charging decisions As long as the prosecutor has probably cause, he can bring whatever charges he wants Bordenkircher v. Hayes If a prosecutor chooses not to bring charges, even if a crime has happened, can you appeal this? Yes, but you cannot sue the judge They have immunity There is a way to bring it directly to a judge But most of the time, the judge will not want to go against what the prosecutor decided NAACP v. Levi Limits: A prosecutor cannot use suspect classifications as the factor in deciding to charge Ex. Race, gender, religion U.S. v. Goodwin You won’t be allowed to bring charges if it is shown that the charges are only because of revenge Indictment or Information The indictment comes from a grand jury The information comes directly from the prosecutor Initial appearance Just for the judge to notify you of the charges that are being brought against you You should be brought for an initial appearance within 24-48 hours after arrest Misdemeanor You can sometimes plead right there, and the judge will inform you of your charges Felony You will only be informed of your charges, and then the judge can inform you of you bail Bail You do not have to give bail But every state does You just cannot give excessive bail Arraignment This is when the defendant enters an initial plea In 99% of felonies, the initial plea is almost always not guilty A judge will not accept a guilty plea at this stage Different ways to plead: Guilty No contest A no contest plea with charges brought cannot be used later in a civil case But you basically are accepting the consequences of your actions/the situations You will still get the same sentence as a guilty plea Usually only seen in traffic cases Alford plea The defendant holds that he is not guilty of the crime, but still accepts responsibility for the crime Not guilty Pretrial Motions Discovery The defendant files a motion for discovery (information) This is how they get the evidence that the prosecution has against them The prosecution has to give over exculpatory evidence The physical evidence is usually also given over Motion to suppress evidence The defense can use a motion to suppress evidence is they find something wrong with it If the constitution is violated to get evidence, then you cannot use that evidence at trial Motion to dismiss charges The defense can file a motion to dismiss charges, if they feel that there is not enough evidence to bring a case This is usually denied by the judge Motion to change venue A change of venue can be filed if they feel that a case cannot be won within a certain venue No way you can get a fair trial where you are at Motion to determine competency The judge will grant a test to determine competency if there are reasonable grounds to do this Plea bargaining After all of the motions have been decided When you know what is a good plea bargain and how strong the case is Jury selection If plea bargaining doesn’t work, then the case will move to this The Criminal Trial 16:59 Slideshow Sentencing 16:59 Death penalty Sentencing 16:59 About 30 states and the federal government still allow it Bifurcated trial First part Determine guilt Second part Determine whether there is enough mitigating circumstances to allow the death penalty Mitigating circumstances: Young Incapacitated Cop or status of the person Child Elderly Torturous 2 or more people Can be a jury The one narrow case where a jury can determine the sentencing Can also be a judge for both parts Automatic appellate review If state It automatically goes up to the State Supreme Court Sentencing 16:59 Furman v. Georgia Worried about arbitrary application That judges and juries were applying the death penalty for reasons other than the crime itself Put a moratorium on the death penalty in all participating states for a number of years States came up with approaches in order to allow themselves to have the death penalty against 1. If you commit 1 degree murder, then the death penalty is automatic Roberts v. Louisiana Woodson v. North Carolina The U.S. Supreme court determined that in these sister cases (decided at the same time), that this mandatory statute was still arbitrary 2. Guided discretion approach Greg v. Georgia 2 key components: 1. Bifurcated trial 2. Automatic appeals Can be applied to: 1 degree murder Cannot be applied to: Rape Of a minor Kennedy v. Louisiana Mentally incapacitated Sentencing 16:59 Was allowed until 2002 Atkins V. Virginia 8 amendment Cruel and unusual punishment Test: evolving standards of decency Lethal injection Baze v. Rees The chemicals that they use are allowed Types of sentencing: 3 types of sentences: Probation Fines Incarceration New branch of intermediate sanctions: Drug rehab Boot camp House arrest Truth in sentencing movement: Movement towards determinate sentencing Mandatory sentencing: Enhancers Ex. If you get caught selling drugs, you get a year, but if you get caught selling drugs with a gun, you get an extra 10 years automatically Gives discretion/power to the prosecutor 2 most important factors considered for a judge giving a sentence: 1. Prior record 2. Seriousness of the offense Sentencing guidelines: Takes discretion away from the judge Basically a grid that lays out the guidelines and the sentences U.S. v. Booker Federal sentencing guidelines do not have to be followed by the judge This is called a departure Applies to all federal cases The Appeals Court 16:59 What can you not appeal? The Appeals Court 16:59 Cannot appeal issues of fact But you can if there was an abuse of discretion That they clearly made a mistake in deciding fact When you have accepted a plea bargain You can only appeal this if you have been coerced into the decision You have to knowingly, voluntarily, and intelligently accept a plea bargain Boykin v. Alabama Tollett v. Henderson – Related case What can you appeal? Issues of defendants rights When can you file an appeal? Interlocutory appeal (during the trial) Means that you can appeal up during the trial Prosecutor If going forward with your case would make no sense without a specific piece of evidence When the judge rules it inadmissible Ex. Victim to domestic violence Defense Cohen v. Industrial Beneficial Loan Said that the set of circumstances in which a defendant can use an interlocutory appeal is very limited The Appeals Court 16:59 They didn’t want to give a bright-line test about this They didn’t want to give specific circumstances in which you can so that they didn’t open up these circumstances to interpretation Stack v. Boyle You can use an interlocutory appeal to contest excessive bail Excessive bail comes from the 8 amendment Abney v. U.S. Contesting an issue of double jeopardy This line of cases show that these “narrow circumstances” are generally meant to deal with constitutional issues After the trial (post-adjudication) The majority of the time Plea bargains Issues with being coerced into the plea bargain Evidentiary issues Iththe evidence was obtained/introduced illegally 4 amendment Involuntary/coerced confessions 5 amendment Miranda Rights When the prosecutor doesn’t hand over exculpatory evidence Jury Violating race and gender Double jeopardy The Appeals Court 16:59 Ineffective assistance of council What does the appellate court do? 2 options: 1. Affirm Say that the original decision was okay 2. Reverse Say that the original decision was wrong Reverse and vacate Very rare Only happens with: Gross misapplication of the law Gross violation of rights Reverse and remand Calls for a new trial Going back and fixing the issue Sometimes results in the prosecutor dropping it completely What can you do as a party once you receive a decision from the appellate court? If it is not in your favor You can appeal again to a higher court You run the risk of it not being heard When the decide to hear it: The Appeals Court 16:59 Writ of certiorari After the court of last resort, you are done Harmless error rule Filed by the prosecution An issue of such little impact, that it wouldn’t affect the outcome of the case Chapman v. California Lays out a beyond a reasonable doubt standard If we have an error, we still have to know that beyond a reasonable doubt, they still would have been convicted Supreme Court has laid down what is never harmless error: The right to council If someone refuses to give council Biased judge If you had a biased judge for your trial Involuntary confession (no longer works) If you can still get a guilty verdict beyond a reasonable doubt without the confession, then it is allowed Very rare that this would work Do you have the right to appeal a sentence? Murphy v. Massachusetts No If the judge stays within the statutory limits, you do not have a right to appeal The things he reads from to help him with sentencing The Appeals Court 16:59 If the judge was wrong, you can appeal that, and the appellate court will modify it If a federal judge sentenced somebody above the federal guidelines, then you can appeal that Departure Bozza v. U.S. If a judge makes a mistake in sentencing, then the court just brings the defendant back into open court and fixes it Levels of courts: Federal District courts Intermediate court of appeals U.S. Supreme Court Hears cases concerning constitutional violations Can a state matter be litigated in the U.S. Supreme Court? Yes Substantial federal question Can they rule on federal matters? Yes Circuit splits Contradictions in law If one circuit rules one way and the other circuit rules another way, then the U.S. Supreme Court can resolve the matter How many judges are need to decide something in the Supreme court? 5 The Appeals Court 16:59 State State court of last resort Do you have the right to appeal? McCain v. Durston The right to appeal is not outlined in due process rights This sets the floor, but states can decide individually Most states give at least one Do prosecutors have the right to appeal? No Because of double jeopardy (can’t try someone twice for the same thing) Ash v. Swenson Limitations to appellate rights: There is a time period within most courts If you are going to appeal something, it usually has to be on file within a certain time period You have to object to it at trial “If you didn’t have a problem with it then, why do you have a problem with it now?” If you object to multiple things are trial You have to bring all of the issues within the same appeal You cannot do it one at a time Rights that are applied to appeals: Griffin v. Illinois The Appeals Court 16:59 If you are indigent, then you are entitled to free transcripts for appellate purposes They cost money per page These transcripts are used in the appeals You need to be able to see what was said during the trial and what was actually objected to Douglas v. California You are entitled to indigent defense through your first appeal Evitts v. Lucey Not only are you entitled to defense through you first appeal But you are also entitled to effective defense Limits to the prosecution/state (protections from retaliation): North Carolina v. Pierce If someone appeals, and wins, and they send them back to trial to fix it, you cannot then give them an even harsher sentence You cannot retaliate against them, just for exercising their right to appeal Blackledge v. Perry If someone exercises their right to appeal, then the prosecutor cannot come back and charge them for something more serious Habeas corpus Specifically enumerated right in the constitution Relief from unlawful imprisonment What is the difference between a habeas corpus action and an appeal? When you make a habeas corpus action, you are going sideways, not upward, like usual To make a habeas action, you must be incarcerated The Appeals Court 16:59 A habeas action only entitles you to having it reviewed, but it does not entitle you to a hearing Before making a habeas action, you must exhaust all lower appeals options Habeas corpus may only involve issues with constitutional rights Cannot just be some procedural technicality An objection does not have to be raised in order to make a habeas corpus action In a normal appeal, you have to Ross v. Moffett The government does not have to provide you with indigent defense for a habeas corpus action Are you allowed to get outside help (aside from a lawyer) writing these habeas actions? Yes Ruled constitutional Limitations: Fay v. Noya Habeas actions are allowed for forced confessions This is a very narrow case though Stonthv. Power If 4 amendment issues were litigated at trial Then you cannot use it later on for a habeas action Teague v. Lane Habeas actions can only be applied to constitutional issues Not procedural issues McCleskey v. Zant Test: If you are raising new issues (things that you did not object to) 1. There has to be a legitimate reason why you did not bring it at trial 2. Show that if this issue is no addressed, the defendant will be prejudiced Herrera v. Collins You cannot use a habeas appeal to say that you are innocent with new evidence International Law 16:59 Why do we need international law? International Law 16:59 Because there are other countries (international states) Where does international law come from (sources)? Treaty Most important Types (ways to create treaty): An agreement between two or more nations 2 components: Positive obligation Things that you have to do Negative obligation Things that you are not supposed to do New things Ratifying a treaty from an old customs Turning customs into treating You’ve always done this, but now you are turning it into law Jus Ad Bellum Means dealing with rules of war The UN Charter Be-all-end-all Even if there is other law, this o
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