CRJU2005INTRODUCTION

CRIMINAL INVESTIGATIONS

Gilbert 8th edition

U.S. CONSTITUTION

• THREE BRANCHES OF GOVERNMENT

• Article 1. LEGISLATIVE

• Article 2. EXECUTIVE

• Article 3. JUDICIAL

• SEPARATION OF POWERS

• http://www.usconstitution.net/const.html

SEPARATION OF POWERS

• NO ONE IS IN CHARGE OF EVERYTHING

• LEGISLATIVE- Makes law

• EXECUTIVE- Enforces law

• JUDICIAL- Interprets the law

BASIC KNOWLEDGE

• BILL OF RIGHTS- 1ST 10 AMENDMENTS

• TO THE U.S. CONSTITUTION

• 1ST,2ND, 3RD,4TH, 5TH, 6TH, 7TH, 8TH, 9TH, 10TH, 14TH

BILL OF RIGHTS

• Amendment I

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

BILL OF RIGHTS

• Amendment II

• A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

BILL OF RIGHTS

• Amendment III

• No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

BILL OF RIGHTS

• Amendment IV• 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.

BILL OF RIGHTS

• Amendment V• No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

BILL OF RIGHTS

• Amendment VI• In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

BILL OF RIGHTS

• Amendment VII

• In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

BILL OF RIGHTS

• Amendment VIII

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

BILL OF RIGHTS

• Amendment IX

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

BILL OF RIGHTS

• Amendment X

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

BILL OF RIGHTS• AMENDMENT XIV

•

All persons born or naturalized in the United States, and

subject to the jurisdiction thereof, are citizens of the United

States and of the State wherein they reside. No State shall

make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any State

deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction

the equal protection of the laws.

DUE PROCESS

• FUNDAMENTAL FAIRNESS

• CONSTITUTION GUARANTEES

PROBABLE CAUSE

• SEARCH WARRANT– A reasonable person would believe that a

crime has or will be committed and evidence of the crime will be found in the place to be searched

PROBABLE CAUSE

• ARREST WARRANT– A reasonable person would believe that a

crime has or will be committed and the person to be arrested committed the crime

PC (Cont.)

• USE OF INFORMANTS– Never your friend– Must be RELIABLE by having given info that

resulted in prosecution.

– How many students here are reliable?– Probably none!

INFORMANTS (Cont.)

• Good citizens with no hope of reward

• Paid informants

• Informants who have ulterior motives

• Informants for case consideration– You cannot promise anything-DA and Judge

can give case consideration

EXCEPTIONS TO WARRANT REQUIREMENT

• 4TH Amendment requires a warrant– Warrantless search– Requires probable cause– All warrantless searches are unconstitutional

– CASE LAW allows exceptions to warrant requirements- YOU MUST ALWAYS HAVE PROBABLE CAUSE

WARRANTLESS SEARCHEXCEPTIONS

• Exigent circumstances

• Stop and frisk • Search incident to

arrest • Custodial • Plain view • Vehicle • Border

• Open fields • Abandoned property • Consent • Administrative • Probation search • Protective sweep

SEARCH WARRANT EXCEPTIONS

• http://www.caselaw4cops.net/articles/exceptions.html

EVIDENCE

• EVIDENCE MUST BE ADMISSIBLE

• EXCLUSIONARY RULE– Weeks v. U.S.– Mapp v. Ohio

ADMISSIBILITY

• Motion to Suppress– Always with a warrantless arrest– Always with a search warrant

DO NOT LOSE SUPPRESSION HEARINGS

There is no such thing as a technicality

Only mistakes!!!

WARRANT EVERY TIME IF POSSIBLE!!!

SEARCH WARRANT

• Must describe exactly the search location and what is the object of the search

• Overkill the description:– 101 A Street, corner of A & B Streets, no. 101

affixed to the porch column, grey house with blue shutters on the front, burglar bars on windows and doors, shrubbery around the front steps, and any other descriptive notations available.

SEARCH WARRANT (Cont.)

• Make the objects of the search as broad as you can always being sure that your probable cause justifies it.

• Include CURTILEDGE- the area around the house that is maintained at the location- EXPECTATION OF PRIVACY

KNOCK AND TALK

• Consent search- best tool- ask for permission to search.

• Walk up to front door- That is what it is there for- anyone may use it, so can you.

• Door opens and you can see criminal act- PLAIN VIEW- Admissable

WHAT IS LEGAL?

• Anything that is legal for anyone else is legal for law enforcement.– Walkway is for everyone, ok for you.– Evidence must be found inadvertently.– You cannot peek in a window first and then

say that it was in plain view when you opened the door.

– ILLEGAL SEARCH- INADMISSABLE- YOU LOSE IN A MOTION TO SUPPRESS!!!!

WARRANTLESS SEARCHES

• REFER TO SLIDE 27 FOR LIST

LEGAL WARRANTLESS SEARCHES

• YOU STILL MUST HAVE PROBABLE CAUSE TO MAKE ANY SEARCH.

• NO PC- ALWAYS INADMISSABLE

• ALWAYS GET A MOTION TO SUPPRESS-

FIRST COURT APPEARANCE

ARREST WITH A WARRANTMUST HAVE A FIRST APPEARANCE

BEFORE MAGISTRATE JUDGE WITHIN 72 HOURS

ARREST WITHOUT A WARRANT (WARRANTLESS)

MUST HAVE A FIRST APPEARANCE BEFORE MAGISTRATE JUDGE WITHIN 48 HOURS

FIRST APPEARANCE (Cont.)

• Failure to meet the first appearance requirements will cause the offender to require release.

• Another warrant must be taken for the offender.

INTERVIEWS AND INTERROGATIONS

• AFTER ARREST, the suspect must be advised of his rights to remain silent BEFORE questioning.

• MIRANDA V. ARIZONA

MIRANDA WARNING

• You have the right to remain silent. Anything you say can and will be held against you in a court of law. You have the right to an attorney; If you cannot afford an attorney one will be appointed for you.

• Do you wish to answer questions?

LAWYERING UP

• If he agrees you can talk with the suspect.

• If he says “NO” the interrogation is OVER!

• Any information gained after the suspect asks for an attorney given without his attorney present is INADMSSIBLE!!

MIRANDA

• DO NOT do this like you see on tv.

• Get it in writing

• Ask “What is your name?”– “What is your age?”– “How far did you go in school?”– Do you read, write and understand the

English language?

MIRANDA (Cont.)

• You have the right to remain silent. Do you understand that right? (Initial)

• Anything you can say can and will be held against you in a court of law. Do you understand that right? (Initial)

• You have the right to have an attorney present during questioning? If you cannot afford an attorney one will be appointed for you. Do you understand that right? (Initial)

CONSTITUTIONAL SAFEGUARDS

• The Constitution is written to protect the people against the tyranny of an oppressive government!

• You must be sure all Constitutional safeguards are granted to everybody.

• Safeguards allow 100 to be released rather than prosecute 1 unfairly!!

• DO NOT LOSE YOUR CASE!!!

SEARCH WARRANT

3 PARTS– Affidavit– Warrant or Command– Return

ARREST WARRANT EXCEPTIONS

• http://nationalparalegal.edu/conlawcrimproc_public/protectionfromsearches&seizures/extowarrantreq.asp

DUE PROCESS ADJUDICATION

• First appearance-Magistrate Court

• Bail Bond for release

• Grand Jury

• Arraignment

• Motions

• Trial

FIRST APPEARANCE

• Magistrate Court– Judge explains charges and the law and

sets or denies bond

CRIMINAL ACTS

• Ordered by severity of the crime

• MISDEMEANORS- Crimes that are punishable by up to one year of incarceration

• FELONIES- crimes that are punishable by over one year of incarceration

LAWS

• According to type of case

• Criminal- State statutes that prevent harm to victims- GA Code specifies individual cases, their ELEMENTS, and the prescribed punishments

• Civil- Disagreements between two individuals where the state has no interest

ELEMENTS OF THE CRIME

• Specific actions that must be done in order to convict the defendant.

• Prosecution must prove each element.

• If any element is missing there is either no crime or a lesser crime.

ELEMENTS OF MURDER

• A person is guilty of the crime of murder if• 1. HE UNLAWFULLY • 2. TAKES THE LIFE• 3. OF ANOTHER HUMAN BEING• 4. WITH MALICE AFORETHOUGHT

• Absence of proof of any element will make a lesser offense or no crime at all.

BURDEN OF PROOF

• CRIMINAL CASE- Beyond a reasonable doubt

• CIVIL CASE- A preponderance of the evidence

• AFFIRMATIVE DEFENSE- The introduction of allegations favorable to the defense- Must be proved by Defense– Partial– Complete

BAIL/ BOND

• Bail is a process that allows another to guarantee that the defendant will be in court at the appointed time.

• Property Bond

• Bail Bondsman

• Cash Bond

• Release on own Recognizance

GRAND JURY

• Twenty-three people are called for Grand Jury

• District Attorney presents charges to the GJ.

• GJ votes and cases that are voted to be tried are true-billed.

• GJ votes and cases that are voted not to be tried are no-billed

GRAND JURY (Cont.)

• To True-bill or No-bill a case there must be 12 votes to true-bill. A majority of the 23.

• To have a quorum there must be at least 16 voting. There must still be 12 votes.

ARAIGNMENT

• The defendant is brought to court, if he is in jail, and if he has made bond, he comes on his own. He will receive a summons to notify him to come to court.

• In court he may plead guilty, not guilty, or stand mute.

• If he is not in court the judge may issue a bench warrant for his arrest.

ARRAIGNMENT (Cont.)

• PLEA BARGAINING occurs before or at the Arraignment.

• About 95%

• Negotiation of a confession by the defendant.– In return for a reduced sentence or probation– For case consideration of assistance in

prosecution

TRIAL

• LAW ENFORCEMENT JURISDICTION- Geographical area served by Law Enf.

• COURT JURISDICTION- Authority of the particular court

• COURT VENUE- Geographical area served by a court

• VENIRE- Area from which jurors are drawn

STATE SYSTEM OF COURTS

• MAGISTRATE

• PROBATE

• STATE

• SUPERIOR

• STATE COURT OF APPEALS

• STATE SUPREME COURT

MAGISTRATE

• Holds First Appearance Hearings

• Sets bond for certain offenses

• Holds warrant hearings

• Writes or signs search warrants

• Writes or signs arrest warrants

• Presides over civil cases where the amount in question is under $15,000

PROBATE

• Supervises and records deaths

• Supervises Last Wills and Testaments

• Handles firearms permits

• Presides over Traffic Court

• Presides over guilty plea misdemeanor cases

• Holds hearings for involuntary confinement of mental cases

STATE

• Presides at Bench Trials for misdemeanor cases

• Presides over trials that are appealed from the Magistrate or Probate Court

SUPERIOR

• Court of original jurisdiction for felony cases

• Court of appeals for Magistrate, Probate, and State Courts

• First court that has trial by jury

• Court for adjudication of civil actions-

lawsuits, divorces, adoptions

STATE COURT OF APPEALS

• Court that hears and presides over cases that are adjudicated in Superior Court where the defendant is dissatisfied with the outcome- Criminal and Civil

SUPREME COURT

• Highest Court in State system- State Court of last resort

• Appeals to U.S. Supreme Court must be selected – Writ of Certiorari- Must have a significant Constitutional nexus

• U.S. COURT OF LAST RESORT

FEDERAL COURTS

• MAGISTRATE- First Appearance and Warrants

• U.S. DISTRICT COURT- 3 in GA, Northern, Middle, Southern- 94 District Courts in United States- We are in Middle

• U.S. CIRCUIT COURT OF APPEALS- 11 in the U.S. – We are in the 11th Circuit

• U.S. SUPREME COURT- LAST RESORT

TRIAL (Cont.)

• Jury pool is selected from adult members of the community.

• Jury selection is by VOIR DIRE of the potential jurors.

• Jurors are questioned by prosecution and by defense.

• Jurors may be dismissed for Cause or by Peremptory strike- Each gets 9 strikes.

ACCUSATORY SYSTEM

• Every defendant is considered “Not Guilty” until he is convicted in a Court of Law.

• BURDEN OF PROOF– Criminal- Beyond a reasonable doubt– Civil- By a preponderance of the evidence

– NO ONE IS INNOCENT

ACTIONS IN THE COURTROOM

• OPENING STATEMENTS by prosecution and then defense

• PROSECUTION DIRECT EXAM.• DEFENSE CROSS EXAM• PROSECUTION REDIRECT• DEFENSE RECROSS• PROSECUTION REBUTTAL• DEFENSE SUB-REBUTTAL• PROSECUTION RESTS

ACTIONS (Cont.)

• DEFENSE DIRECT EXAM

• PROSECUTION CROSS EXAM

• DEFENSE REDIRECT

• PROSECUTION RECROSS

• DEFENSE REBUTTAL

• PROSECUTION SUB-REBUTTAL

• DEFENSE RESTS

ACTIONS (Cont.)

• DEFENSE CLOSING ARGUMENT

• PROSECUTION CLOSING ARGUMENTS

• These are not evidence- only arguments

• JUDGE CHARGES JURY- Explains the law and possible sentencing

• JURY DELIBERATION– Must be a unanimous decision– No decision- Hung Jury- Mistrial

ACTIONS (Cont.)

• JURY FOREMAN GIVES VERDICT

• JUDGE SENTENCES DEFENDANT