CJ227 Criminal Procedure

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CJ227 Criminal Procedure

• Welcome to our Seminar!!!
• (We will begin shortly)
• Tonight Unit 1
• (Chapter 1 Historical dev. of the law and
  judicial systems)
• (Chapter 2 The 4th Amendment -- Pgs 58-67)

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CJ227 Criminal Procedure

• Welcome
• Brief bio on the prof
• Brief rundown on how seminars will run
• Welcome
• Brief review of the prior Units highlights
• Brief outline of the current Units material
• Presentation and discussion of the current Unit
  topic/material as set forth in the syllabus
• Brief review of what we have done in the current
  unit
• Brief preview of the material in the next Unit.
• Discussion Boards 1 post, one reply
• Syllabus rundown
• Questions in class
• Major assignments
• Unit 2 - Analysis and Application assignment
• Unit 4 - Analysis and Application assignment
• Midterm Exam due at the end of Unit 5
• Unit 8 - Analysis and Application assignment
• Unit 9 - Analysis and Application assignment

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CJ227 Criminal Procedure - Unit 1

• What are the goals of judicial system?

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CJ227 Criminal Procedure - Unit 1

• Orientation Goals
• Law and Order Stresses the need to solve the
  crime problem.
• Individual Rights Stresses the need to protect
  individual rights.
• Pragmatic Goals
• Preventing Crime
• Diverting Offenders
• Deterring Crime
• Controlling Criminals
• Rehabilitation of Offenders

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CJ227 Criminal Procedure - Unit 1

• Below are some foundational concepts to keep in
  mind as we work thru this semester
• The Bill of Rights applies directly only to the
  Federal govt. and selectively applies to the
  states thru the Due Process clause of the 14th
  Amend.
• State constitutions may provide additional rights
  to citizens which are not included in the US
  Const. but it may NOT restrict the rights granted
  by the US Const.

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CJ227 Criminal Procedure - Unit 1

• Our system of criminal procedure is based on the
  adversarial process.
• Charges in a criminal trial must be formalized
  either by an indictment returned by a Grand Jury
  or prepared by the prosecutor.
• Prior to trial both the prosecution and defense
  may submit pre-trial motions and have their right
  to discovery imposed on the opposition.
• The 2 questions regarding the burden of proof in
  a criminal trial are
• Who has the burden of proof?
• What is the magnitude of the burden? The
  magnitude can be
• Proof beyond a reasonable doubt
• Clear and convincing
• Preponderance of the evidence

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CJ227 Criminal Procedure - Unit 1

• What is meant by venue?
• What is meant by jurisdiction?

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CJ227 Criminal Procedure - Unit 1

• Venue the geographic area in which a case may
  be heard
• Jurisdiction the inherent power of a court to
  hear and decide a case.

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CJ227 Criminal Procedure - Unit 1

• How is the federal court system organized?
• How are the state court systems organized?

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CJ227 Criminal Procedure - Unit 1

• Federal
• US District Courts
• US Court of Appeals
• US Supreme Court
• State
• Circuit Court
• Appellate Court
• State Supreme Court
• Note NY courts are organized differently as to
  their names. For more information, please see --
  http//www.courts.state.ny.us/courts/structure.sht
  ml

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CJ227 Criminal Procedure - Unit 1

• The 4th Amendment
• What does the 4th Amendment provide in terms of
  protections to individuals?
• Why was it important to the framers of the Bill
  of Rights?
• Who is regulated by the 4th Amendment?

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CJ227 Criminal Procedure - Unit 1

• The 4th amendment protects individuals from
  unreasonable searches and seizures by the govt.
• It is important to note that the protections of
  the 4th Amend are not absolute. It only protects
  against unreasonable searches and seizures, not
  reasonable ones.
• Reasonableness the 4th Amend provides that
  warrantless searches and seizures when they are
  sensible.
• Two approaches
• Bright line approach Reasonableness is
  determined by a specific rule applied to all
  cases.
• Case by case method Reasonableness is
  determined by the totality of the circumstances
  in each individual case. This is the most common
  method in most US courts today.
• In a historical context, the framers of the Bill
  of Rights wanted to make sure that the US Govt
  would not have the power to have troops or other
  govt agents knock down doors of citizens homes or
  businesses at will and w/o warning or to search
  individuals w/o good cause.
• If any person is an employee or agent of any govt
  agency or serves a govt agency in any capacity,
  they are bound by the limitations of the 4th
  Amendment.

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CJ227 Criminal Procedure - Unit 1

• What is meant by probable cause?
• Why is it important?

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CJ227 Criminal Procedure - Unit 1

• Probable Cause (PC) exists when facts and
  circumstances would lead a reasonable person to
  believe that a crime had been committed or is
  about to be committed.
• PC is important because it determines when an
  officer may execute lawful searches or seizures
  with (and in some cases w/o) a warrant.
• PC must be established before a lawful arrest,
  search or seizure can occur unless there is an
  exception.

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CJ227 Criminal Procedure - Unit 1

• What are the different ways that PC can be
  established?

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CJ227 Criminal Procedure - Unit 1

• Probable Cause can be established through
• Observational probable cause
• Admissions
• Presence at a crime scene
• Association with known criminals

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CJ227 Criminal Procedure

• What happens if the protections granted by the
  4th Amend are violated?
• What is the Exclusionary Rule?
• Is there a way to get evidence, which has been
  excluded by the Exclusionary Rule to still be
  admitted into evidence and used against the
  defendant?

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CJ227 Criminal Procedure - Unit 1

• Exclusionary Rule
• If the protections of the 4th Amend are violated,
  then there has been an unlawful search/seizure
  and any evidence gathered from that violation is
  inadmissible in court and cannot be used against
  the defendant. Further, any evidence gathered as
  a result of the inadmissible evidence (earlier
  illegality) is ALSO inadmissible (Fruit of the
  Poisonous Tree Doctrine)

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CJ227 Criminal Procedure - Unit 1

• Some Exceptions to the Exclusionary Rule
• Inevitable Discovery When evidence gathered
  illegally would have ultimately been discovered
  thru lawful means
• Harmless Error where the illegal or tainted
  evidence is not critically necessary to prove the
  defendants guilt or innocence
• Good Faith Officer had a good faith belief and
  was unaware that the search/seizure was in
  violation of the defendants 4th Amend rights.

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CJ227 Criminal Procedure- Unit 1 Mini-Review

• Tonight you learned about
• Goals of our judicial system
• Foundational concepts in Crim Procedure
• Venue and jurisdiction
• Federal and State court system organization
• The 4th Amendment
• The Exclusionary Rule
• Fruit of the Poisonous Tree Doctorine

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CJ227 Criminal Procedure- Unit 2 Seminar Preview

• Traffic Stops
• Terry Stops
• Other encounters
• Arrest
• Searches
• ..and much much more, so I look forward to
  seeing everyone in Seminar next week!!!