CRJU 203 Study Guide - Fall 2018, Comprehensive Midterm Notes - Search Warrant, Ohio, Curtilage
12 Oct 2018
School
Department
Course
Professor
CRJU 203
MIDTERM EXAM
STUDY GUIDE
Fall 2018
CRJU 203
Criminal Procedures
8/28/18
• If the criminal Procedure is not done properly people will get off.
• Defendant is minority.
• Constitutional rights are designed to protect minority.
o Set up laws that will protect minority ideas, people, and views.
• Rules of criminal procedure are designed to protect individual.
• State (government) has authority to maintain law and order.
o Power to detain you
o Power to arrest you
o Power to break into home/ office
o Power to search personal property
o Power to put you through court process
o Power to fine, imprison & kill you.
• We (government) limit powers of government to investigate crime.
• Requirement that law enforcement needs a search warrants protects privacy.
• Nation of laws/ government is not above the law
• Incompetence system convict innocent people
• Federal constitution gives you rights the state a’t take that away.
• State can give you more rights on top of the ones you already have.
• Police have a duty to enforce criminal law in a legal manner. And have a
duty to risk their lives in a situation.
• Prosecution has duty to legally prosecute people in law.
• Courts have duty to uphold the law and constitution.
• Judges has to go by the law
• Corrections has the duty to house criminals.
• Criminal procedure is where ALL mistakes are made (lawyers, judges,
cops)
• Bill of Rights
o Government that protects individuals
o 4th amendment: unreasonable search or seizure
o 6th amendment: right of speedy trial
o 8th amendment: right of excessive bail and fines
o Before the civil war Only applied to federal courts and federal agents
o During the 1960s the bill of rights finally applied to state and federal
courts
• Models of criminal justices
find more resources at oneclass.com
find more resources at oneclass.com
o Due Process Model (Fairness Model): demand fairness in the system,
presumptio of ioee’s, proof ith reasoale dout, polie ad
prosecutors make mistakes, aims to protect innocent people, rights
are fundamental and should be available to everyone
o Crime-Control Model: repression of criminal conduct, implement
some things it ill redue rie otrol, if ou do’t feel safe ou
do’t hae uh freedo, speed and efficiency, presumption of
guilt, police and prosecutors are always right, demand for finality are
HIGH
• Substantive law and Procedure Criminal Law
o Sustatie: dos’ ad do’ts of la, defies ries ad
punishments
o Procedure criminal law: steps in order to prosecute once crime is
made.
Fourth Amendment to the United States Constitution:
“The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
• Probable Cause
o Seizeale ites are i a partiular plae, if you do’t hae that you
DON’T hae proale ause to searh!
o Evidence is sometimes seized illegally
o Common law – if law enforcement takes illegally seized evidence
you can get a little bit of money
o Exclusionary Rule: evidee seized illegally y goveret offiers
cannot be introduced by prosecution in a criminal trial to prove the
defedae guilt
▪ There has to be actual evidence
▪ Has to be seized illegally
▪ Has to be seized by government officers
▪ Cannot be introduced by prosecution
▪ Can be introduced in a civil case and a hearing
▪ Ca’t e offered to proe defedat’s guilt.
▪ Snub to people who believe in crime control model
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
High: substantive law and procedure criminal law, su(cid:271)sta(cid:374)ti(cid:448)e: dos" a(cid:374)d do(cid:374)"ts of la(cid:449), defi(cid:374)es (cid:272)ri(cid:373)es a(cid:374)d punishments, procedure criminal law: steps in order to prosecute once crime is made. Thursday, september 6th: take decision to search out of law enforcements hands, judge decides whether we can go forward and search, magistrate has to be neutral and detached, no part of prosecuting case. Items designed to be used in committing a crime. Instruments of a crime: person, requirements for search warrant, describing the place in detail, address, color, left or right on the road, describe the person or thing to take. If search is illegal, then the search is suppressed: sufficient probability is fine, address numbers are inverted, executing the search warrant, search warrants must be executed within 10 days. If it"s not executed within 10 days, it is considered stale: must have facts for probable cause, knock and announce, law enforcement must announce before force in.
