Criminal Law and Procedure

February 25

The System

• Adversarial– People v. Defendant

• http://www.scscourt.org/– Link to Criminal then to Self-help criminal-then

read about Misdemeanors and Felonies

The Participants

• People are represented by:– District Attorney (county)– Attorney General (state)– City Attorneys

• Defendants represented by:– Public Defenders– Court appointed attorneys– Private Attorneys

The Court

• Superior Court—criminal division

Levels of Crimes

• Infraction– i.e. traffic offenses

• Misdemeanor– Punishable by county jail, low fine or probation

• Felony– Punishable by state prison, higher fine or probation

• All crimes found in code

Categories of Crimes

• Crimes against the person

• Crimes against property

• “Victimless” crimes

Criminal Procedure

• Criminal Procedure is a branch of constitutional law.

• Criminal procedure is – the process of facilitating

criminal prosecutions and

– the process of protecting the rights of criminal suspects and defendants

The Constitution• 4th Amendment: prohibits unreasonable searches

and seizures• 5th Amendment: contains the due process clause

and the privilege against self-incrimination• 6th Amendment: guarantees the right to counsel and

other rights regarding trial• 8th Amendment: prohibits cruel and unusual

punishment• 14th Amendment: incorporates rights in due process

and makes them applicable to states

The Exclusionary Rule

This rule excludes evidence when it has been acquired in violation of constitutional protections.

Evidence that is obtained illegally cannot be used at trial. This means the jury will never see it!

Misdemeanor Procedures

• Complaint filed in Superior Court—limited jurisdiction

• Arraignment• Discovery• Pretrial Hearing• Motions (Sometimes)• Trial• Sentencing

Felony Procedings(Non-Drug)

• Complaint filed (Superior Court—limited jurisdiction) /Arrest Warrant issued/Grand Jury Hearing

• Arraignment• F.A.R. (Felony Advance Resolution)• Preliminary Examination or Grand Jury Indictment—Probable Cause

hearing• Discovery• Arraignment on Information (prelim) or Indictment (grand jury)• Motions• Trial• Sentencing

PLEADINGS IN CRIMINAL CASES

• Complaint—Felony & Misdemeanor

• Information—Felony; after Prelim

• Indictment-Felony; after Grand Jury

Drug Court

• Deferred Entry of Judgment

• Treatment

Trial

• Number of jurors

• Burden of Proof

• Verdicts

Sentencing

• Jail v. prison

• Probation

• Alternatives– Work furlough– Community service– House arrest

• Parole

Special Issues in California

• Three Strikes

• Death Penalty

Juvenile Proceedings

• Juvenile court = Superior Court general jurisdiction

• Age Limit--Under 18• Most cases start in Juvenile Court• Serious cases—D.A. can file in adult court• Fitness hearing• Trial (Court, if juvenile)• Sentencing