Crm J 420 Notes
Levels of Proof
- Beyond a reasonable doubt- conviction. Used at trial.
- Clear and convincing evidence. Used at trial.
- Preponderance of the evidence-civil 51% that it is more likely than not that something
happened. Used at trial.
- Probable cause- arrest/full search (looks at all the information and evidence, the totality
of the circumstance is how people will judge that, credible and reliable?). Information to
suggest that someone has committed a crime.
- Reasonable suspicion- stop and frisk- an amount of proof. The officer has something, a
little more than a gut instinct.
o Prior to Terry. V. Ohio- either had probable cause and they could make an arrest
or they couldn’t. No in-between. Reasonable suspicion is a compromise.
- Mere suspicion
Exclusionary Rule- a rule that excludes from evidence any evidence that was seized
unlawfully by the police (seized in violation of the 4 amendment).
- 4 amendment
o judicially created remedy- an attempt to cure violations of the 4 amendment.
- Purpose- deter misconduct
o Preserve judicial integrity
o Silver Platter Doctrine
Weeks vs. U.S. (1914)
Wold v. Colorado (1949)
Mapp vs. Ohio (1960)
- Illegally seized evidence
- “Fruit of the Poisonous Tree”
Exclusionary Rule Exceptions:
- Good faith- police rely on someone else other than them therefore violating the fourth
o U.S. Leon (1984)- Judge
o Arizona vs. Evans (1995)- count staff
o Illinois vs. Krull (1987)- legislative
o Herring vs. U.S. (2009)- other place
o Inevitable Disovery
▪ Nix v. Williams (1984) o Purged Taint
▪ Wong Sun v. U.S. (1963)
Sources of Rights:
- Bill of Rights
- 14 Amendment
- State Laws
- Judicial Decisions
- Habeas Corpus
- Bill of Attainder
- Ex Post Facto Law
- Freedom of Religion, speech, assembly
- Right to bear arms
- Search & Seizures, probably cause, warrant, no “unreasonable” search and seizure.
- Grand jury, indictment, self incrimination, due process.
- Trial (public and speedy), right to counsel, right to confront.
- No “excessive” bail, no cruel and unusual punishment.
- Due process, equal protection, incorporation.
Principle of Habeas Corpus
- Writ (document)
- Incarcerated person files this to tell the court to let them go.
- The state responds to the writ and explains why the person is being held and how the
state has the right to incarcerate the person.
- Writ of Magra Carta
Ex Post Facto
- Law that makes it a crime to do something after the law has been made.
- Criminalizes an act that has already happened.
- An act which helps our enemy.
- Damages the United States
*In the first 10 amendments, there are 23 individual rights. 1/17/2017
Bill of Rights
- 23 individual rights (protection from the federal government, limits what they are able
to do to us_.
- Equal protection: NO STATE can deny equal protection.
- Due process: NO STATE can deprive of life and the pursuit of happiness.
- Due process incorporates the bill of rights.
- No state shall limit anyone from the bill of rights.
*Excessive bail has never been applied to the states.
*Neither has right to indictment.
Other sources of rights:
- Natural Law Theory: Rights that are given to us because we exist.
- State Constitutions
- State federal statutes
- Case Law
- Federal: 3 levels
- State: 3 or 4 levels.
- District Court: 94
o This is where cases happen.
- Court of Appeals: 13
o Covers all district courts.
o Hear appeals from trials.
- Supreme Court: 1
o Writ of Certiorari (appeal to the Supreme Court)
o Rule of Four: only need 4 votes in the Supreme Court to consider the case.
o Is not mandated by law to take the appeals.
o Except when states sue each other.
- Magistrate Court (speeding tickets get taken care of here).
- Trial De Novo
o When you appeal from Magistrate Court
¶ Complaint: happens when something occurs, filed by either the police or by the person
that it happens to.
¶ Affadavit: Gives all of the facts.
¶ Warrant” Can search or arrest.
¶ Summons: Summons someone to court.
¶ Citations: ex. Speeding ticket. ¶ Booking
- Direct & cross examination: Direct (calling the witness), Cross (cannot ask leading
Rules of Evidence
- Hearsay (“somebody told me what Sue did”)
- Relevance (any evidence related to the issue at hand).
- Burden of Proof: Has to bring evidence first (prosecution)
- Burden of Production: Has to go first before defense can even challenge case.
- Finder of fact.
- Appeal- Review of what happened at trial, not a retrial.
o Direct: “I didn’t get a fair trial because…”
o In direct/habeas corp