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Lecture

criminal justice notes.docx

30 Pages
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Department
Criminal Justice
Course Code
CRMJ 254
Professor
Pryor

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8th amendment rights
Rights against excessive bail
Bail: a monetary guarantee that one will return for court appearance/when released from custody
after arrest
Excessive bail: nature and circumstances of the offense, the weight of the evidence
against defendant.
Cash bail: accused pays full amount of bail in cash
Bail Bond/Surety Bond: can be used for any amount of bail, but it is especially useful when the
accused can’t afford to pay bail. Bonds collect men collect 10% on average.
Protection against cruel and unusual punishment- capital punishment or death penalty
6th amendment rights
1. Speedy and public trial
2. Impartial jury of the state and district where the crime occurred
3. Notice of nature and cause of accusation
4. Confront opposing witnesses
5. Compulsory process for obtaining favorable witnesses
6. Private counsel (if can be afforded)
Criminal Trial
One of the distinctive features of criminal justice in the US is trial by jury
The Jury
The purpose of the jury trial is
To protect citizens against arbitrary law enforcement
To prevent government oppression
To protect citizens from overzealous or corrupt persecutors and from eccentric or biased
judges
The Trial Process
Before a criminal trial formally beings, attorneys in about 10% of felony cases file
pretrial motions
Common motion ask for:
Discovery of evidence: Interrogations, inspection of documents and pictures
Suppression of evidence: if a police officer finds a piece of paper in an illegally
searched car then the paper cannot be used.
Admissibility of Illegally Obtained Evidence
Inevitable discovery- this means that the police would have inevitably found the
evidence, with or without the illegal search
Independent source- the discovery of the evidence involved a combination of legal and
illegal means, but the evidence could have been discovered by a reliable source
Good faith- the officers who discovered the evidence has no reason to believe their search
was illegal (i.e., believed the search warrant to be valid when it was not)
Attenuation- if the connection between the illegal search and the evidence is sufficiently
weak, the evidence may be considered untainted.
The Trial Process
The prosecution must establish beyond a reasonable doubt each element of the crime.
If the defense feels the prosecution has not made its case it can
oAsk for a direct verdict (jury could not reach a decision)
oMake a motion for dismissal
oIf not dismissed, if defendant not acquitted, the defense presents its case
March 7, 2014
The Deliberation Process
Judge normally instructs the jury on:
oPrinciples of law to consider in judging a case
oThe charges
oThe rules of the evidence
oPossible Verdicts
oThe jury then withdraws and deliberates
If the jury decides that the defendant has not committed the crime, it acquits.
oThe prosecutor cannot retry the case on the same charges.
If the jury cannot reach a unanimous verdict, the result is a hung jury.
oThe judge declares a mistrial
oThe prosecutor must decide whether to retry the case.
Rights review
4th unreasonable search and seizure
5th protects against double jeopardy and self-incrimination
6th varying protections for defendants in court
oCheck online for this slide
The Death Penalty
As a punishment for the most heinous crimes, the death penalty, or capital punishment,
differs from other criminal sanctions
32 states have the death penalty
The first American settlers brought with them the English penal code, which listed 50
capital offenses
The earliest recorded lawful execution in America was in 1608 in the colony of Virginia.
oSince then, there have been approx. 19,400 legal executions in the U.S.
Currently there are five methods of execution in use;
oLethal injection
oElectrocution
oLethal gas
oHanging
oFiring squad
March 10, 2014
Lethal Injection is most common
Electric Chair is second common

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Description
th8 amendment rightsRights against excessive bailBail a monetary guarantee that one will return for court appearancewhen released from custody after arrestExcessive bail nature and circumstances of the offense the weight of the evidence against defendant Cash bail accused pays full amount of bail in cashBail BondSurety Bond can be used for any amount of bail but it is especially useful when the accused cant afford to pay bail Bonds collect men collect 10 on average Protection against cruel and unusual punishment capital punishment or death penaltyth6 amendment rights1Speedy and public trial 2Impartial jury of the state and district where the crime occurred3Notice of nature and cause of accusation4Confront opposing witnesses5Compulsory process for obtaining favorable witnesses6Private counsel if can be afforded Criminal TrialOne of the distinctive features of criminal justice in the US is trial by juryThe JuryThe purpose of the jury trial is To protect citizens against arbitrary law enforcement To prevent government oppressionTo protect citizens from overzealous or corrupt persecutors and from eccentric or biased judgesThe Trial ProcessBefore a criminal trial formally beings attorneys in about 10 of felony cases file pretrial motionsCommon motion ask forDiscovery of evidence Interrogations inspection of documents and picturesSuppression of evidence if a police officer finds a piece of paper in an illegally searched car then the paper cannot be used Admissibility of Illegally Obtained Evidence Inevitable discovery this means that the police would have inevitably found the evidence with or without the illegal searchIndependent source the discovery of the evidence involved a combination of legal and illegal means but the evidence could have been discovered by a reliable sourceGood faith the officers who discovered the evidence has no reason to believe their search was illegal ie believed the search warrant to be valid when it was notAttenuation if the connection between the illegal search and the evidence is sufficiently weak the evidence may be considered untainted The Trial ProcessThe prosecution must establish beyond a reasonable doubt each element of the crime If the defense feels the prosecution has not made its case it can oAsk for a direct verdict jury could not reach a decisionoMake a motion for dismissaloIf not dismissed if defendant not acquitted the defense presents its caseMarch 7 2014The Deliberation ProcessJudge normally instructs the jury onoPrinciples of law to consider in judging a caseoThe chargesoThe rules of the evidence oPossible VerdictsoThe jury then withdraws and deliberates If the jury decides that the defendant has not committed the crime it acquits oThe prosecutor cannot retry the case on the same charges
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