CRM_J 420 Lecture 2: Crm J 420 Notes

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Washington State University
Criminal Justice
CRM_J 420
C Hemmens

Crm J 420 Notes 1/26/2017 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) Applies to: - 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 amendment. 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) 1/12/2016 Sources of Rights: - Constitution - Bill of Rights - 14 Amendment - State Laws - Judicial Decisions - Habeas Corpus - Bill of Attainder - Ex Post Facto Law - Treason 1 Amendment - Freedom of Religion, speech, assembly nd 2 Amendment - Right to bear arms 4 Amendment - Search & Seizures, probably cause, warrant, no “unreasonable” search and seizure. th 5 Amendment - Grand jury, indictment, self incrimination, due process. 6 Amendment - Trial (public and speedy), right to counsel, right to confront. th 8 Amendment - No “excessive” bail, no cruel and unusual punishment. 14 Amendment - 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. Treason - 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_. 14 Amendment - 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 Court Systems - 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 Criminal Process ¶ 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 1/24/2017 Trial - Direct & cross examination: Direct (calling the witness), Cross (cannot ask leading questions). 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. Judgment - Finder of fact. - Sentence - 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
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