Upload
johannes-jesse
View
26
Download
2
Embed Size (px)
DESCRIPTION
CJ227. Unit 4 Seminar. Expectations for the Week. Read chapters 7 and 8 Complete the Unit 4 Essay Follow the Web Field trips and/or web resource links Post to the discussion board Take the Unit 4 quiz. Analysis and Application Essay. Read the case study - PowerPoint PPT Presentation
Citation preview
CJ227
Unit 4 Seminar
Expectations for the Week
Read chapters 7 and 8Complete the Unit 4 EssayFollow the Web Field trips and/or
web resource linksPost to the discussion boardTake the Unit 4 quiz
Analysis and Application Essay
Read the case studyIn essay format, answer the 5
questions Paper must include cover page and
list of references in APA formatInternal citations must be includedPages should be double spaced and in
12 point font
Midterm Week
During unit 5 you will not participate in a a discussion forum, nor will you attend seminar
You will complete the midterm examThe exam is timed at 2 hoursThere are 50 objective questions
based on material covered in the first half of the course
Seminar Topic
In this week’s seminar we will discuss the three amendments to the constitution that specifically deal with defendant’s rights. Those amendments include the 4th, 5th and 6th amendments.
We will focus specifically on the 5th and 6th amendment rights afforded to defendants.
4th amendment protection
Freedom from unreasonable searches and seizures, including searches of persons and property
Searches can occur with a warrant based on probable cause and narrowly tailored to the specific items to be located and the place to be searched
Searches can also occur without a warrant if exigent circumstances exist (ex. motor vehicle search, hot pursuit, search incident to arrest, etc.)
Exclusionary Rule
Also known as the “fruit of the poisonous tree” doctrine
Evidence seized in violation of the 4th amendment can be excluded at trial.
Fifth Amendment
“No person 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…”
United States Constitution, Amendment 5
Miranda Warnings
Right to remain silentAnything you say can be used against you
in courtRight to an attorney to be present during
questioningIf you cannot afford an attorney, one will
be appointed to youYou may terminate the interview at will
Miranda v. Arizona
Landmark case: Miranda was arrested an taken to police station for
questioning young and uneducated confessed after 2 hours of questioning confession was used as evidence during trial and Miranda
was convicted
Issue: Whether the police should inform a suspect who is in custody and under interrogation of his/her constitutional right to be free from self incrimination and the right to counsel prior to questioning.
Miranda Holding
The court ruled that “when an individual is taken into custody or otherwise deprived of his freedom by the authorities and is subject to questioning, the privilege against self incrimination is jeopardized. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has a right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation.”
Miranda v. Arizona, 384 U.S. 436 (1966).
Custody
A suspect is in custody when s/he is under arrest or somehow deprived of his/her freedom.
This is determined based on the totality of the circumstances.
Would a reasonable person feel that s/he is unable to leave?
Interrogation
When the police specifically ask questions that may incriminate the suspect.
When the police create the functional equivalent of an interrogation.
“A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation…”
Rhode Island v. Innis, 446 U.S. 291 (1980)
In the Innis case, the court ruled that there was not interrogation. Two officers were speaking to each other in the presence of a suspect. They talked about how it would be terrible if one of the handicapped students from the school near the crime scene would find a gun and get hurt. The suspect then told of the location of the gun.
Brewer v. Williams
This is the case of the famous “Christian burial speech”.
Here the officers did not specifically question the suspect, but spoke to the suspect about how the parents of the missing girl should have the ability to give their child a proper Christian burial. As a result the suspect showed the officers where the body could be found.
Brewer v. Williams, 430 U.S. 387 (1977).
Comparison of Innis and Brewer
Innis case
Officers talk to each other Suspect interrupted and
gave confession Not considered the
functional equivalent of interrogation
Brewer case
Officers talk to suspect Appeal to suspect’s
religious beliefs Police behavior was the
functional equivalent of interrogation
Waiver of Miranda
Waiver must be an intelligent and voluntary waiver
Suspect must know what s/he is doing and understand consequences
Must be competent to make the decision Can not be coerced into waiving rights Prosecutor must prove that the defendant made
a voluntary and intelligent waiver
Miranda not needed if….
Officer does not ask questions. No interrogation…no Miranda General questions are asked to investigate but not incriminate Suspect volunteers information before police ask questions Line up or photo array (not testimonial evidence) There is a threat to public safety
New York v. Quarles, 467U.S. 649 (1984)The suspect ran out of the store after the victim just informed
police that he had entered with a gun. Officers see suspect and when they notice an empty holster ask, “Where’s the gun?”. Court ruled that there was an immediate danger to the public.
6th Amendment Rights
Right to fair trial with impartial juryRight to counselRight to be protected from double
jeopardyRight to confront and cross examine
witnessesRight to speedy trial
Right to Trial by Jury 6th amendment does not require jury to be made
up of 12 member. Minimum number allowed is 6. In federal criminal cases a unanimous verdict is
required, but this is not required in all states Right to jury trial is limited to “serious” offenses
or those for which more than 6 months imprisonment may be imposed
Defendant can waive the right to jury trial Accused has the right to a fair trial by am
impartial jury (issues of pretrial publicity, change of venue, sequestering of the jury)
Right to Counsel
According to the 6th amendment to the constitution...“in all criminal prosecutions the accuse enjoy the right…to have the assistance of counsel for his defense”.
This right applies during every critical stage of the proceeding, and has been made applicable to the states since the landmark case of Gideon v. Wainwright, 372 U.S. 335 (1963).
Critical Stage of Proceeding
Proceedings in which the right to counsel has been afforded include:
during a line up if formal charges have been filed (otherwise no right exists)
arraignmenttrialsentencingappeal
Court Appointed Counsel
Applies when:
1. The crime is a serious offense (as discussed under Gideon) or
2. If the crime is a misdemeanor but there is a possible jail sentence.
Ineffective assistance of counsel
Defendant must show:
1. Deficient performance on counsel and
2. There is a reasonable probability that the proceeding would have turned out differently but for the deficiency in counsel’s performance.
Strickland v. Washington, 466 U.S. 668 (1984)
5th v. 6th amendment right to counsel
Fifth Amendment Protects right against self
incrimination Applies only during
custodial interrogation Right is given by police
Sixth Amendment Provided to defendant for
protection during critical stages of proceeding
Applies both before, during or after trial
Judge may assign attorney if defendant is indigent
Double Jeopardy
Defendant can not be tried twice for the same crime
If one case is civil and the other is criminal, it is not double jeopardy
Ok to be tried for same offense indifferent jurisdictions (ex. state and federal)
Does not apply in mistrial or when defendant asks for new trial or appeal
Right to Confront Witnesses
Applies to all criminal prosecutions, but not investigative proceedings (ex. grand jury)
Includes right of defendant to be present in the courtroom during trial
Defendant has the right to cross examine those witnesses against him/her
Right to Speedy Trial
Based on:
Length of the delay Reason for the delay Whether the defendant asserts the right Whether the delay could be prejudicial to the
defendant
Barker v. Wingo, 407 U.S. 514 (1972)
All of the above factors are taken into consideration