Constitutional and Criminal Law Dr. Walker

Criminal Law - Charges Homicide Write all Homicide The killing of a human being by one or more persons Murder – intentional homicide 1st degree : intentional, premeditated, during a felony 2nd degree : intentional but not premeditated, intent to harm but death not intentional, Manslaughter Voluntary : intent but under influence or caused by passion Involuntary : negligent, reckless, during a misdemeanor

Criminal Law - Charges Homicide Justifiable Write all Homicide Justifiable Self Defense, Defense of Others Accidental

Criminal Law - Charges State of Virginia Capital Murder Write all State of Virginia Capital Murder Killing of a police officer Murder during another felony (theft, sexual assault) Punishable by death penalty

Executions since 1976 Write bold http://www.deathpenaltyinfo.org/number-executions-state-and-region-1976 Texas – 477 (30 in 2010-2011) Virginia – 109 (4 in 2010-2011) Oklahoma – 97 (5 in 2010-2011) Florida – 71 (3 in 2010-2011) Missouri – 68 (1 in 2010)

Death Penalty By State With Without Alabama North Carolina Arizona Ohio Arkansas Oklahoma California Oregon Colorado Penssylvania Connecticut Delaware South Carolina Florida South Dakota Georgia Tennessee Idaho Texas Indiana Utah Kansas Virginia Kentucky Louisiana Washington Maryland Wyoming Mississippi Missouri Montana Nebraska Nevada ALSO - U.S. Gov't - U.S. Military Alaska (1957) Hawaii (1957) Illinois (2011) Iowa (1965) Maine (1887) Massachusetts (1984) Michigan (1846) Minnesota (1911) New Jersey (2007) New Mexico* (2009) New York (2007)# North Dakota (1973) Rhode Island (1984)** Vermont (1964) West Virginia (1965) Wisconsin (1853) ALSO - Dist. of Columbia (1981) 

Criminal Law - Charges Assault and Battery Write all Assault and Battery Assault: verbal threat w/ intent to harm Battery: intentional, reckless touching of another without excuse or justification Aggravated Assault and Battery Use of deadly weapon

Criminal Law - Charges Rape Write all Rape Sexual intercourse achieved by force or threat of force Women can be charged with rape Penetration Involuntary male response

U. S. Constitution Created in 1787 Amended 27 times since 1789 Write all Created in 1787 Preamble 7 Articles Amended 27 times since 1789 First 10 Amendments = Bill of Rights

Amendments 4th amendment No unreasonable search and seizure Write bold 4th amendment “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.” No unreasonable search and seizure

Probable cause A reasonable belief that a crime has been committed Write all A reasonable belief that a crime has been committed Must be able to articulate Reliable informant Evidence of crime committed Requirement of a search warrant signed by a judge

Search Warrants Write all 4th Amendment requires that it describes what is to be seized and where it is to be found Instrumentality of a crime (murder weapon, etc.) Fruits of crime (stolen merchandise, etc.) Contraband (other illegal stuff, weapons, drugs, etc.) Applies only to government activities, does not regulate private individuals Probable Cause

Execution of Search Warrants Write bold Execution of Search Warrants Police may not be duly intrusive Must announce presence/purpose BEFORE forcible entry Exception 1: prevention of destruction of evidence Exception 2: physical danger to police

Plain View Doctrine Police legally in a residence Write bold Police legally in a residence Through invitation or warrant Incriminating evidence in plain sight Not in drawer, closet, etc. No additional warrant necessary

Fruit of the Poisonous Tree Write bold All evidence stemming from (fruit) evidence gained through illegal search (tree) inadmissible There are exceptions (inevitable discovery and independent source)

More Ethics What happens if the prosecution withholds evidence? Write bold More Ethics What happens if the prosecution withholds evidence? Disclosure Evidence MUST NOT BE WITHHELD IF: Favorable to accused Reasonable probability it would change outcome

Amendments Fifth Amendment Right to Grand Jury Write all Fifth Amendment Right to Grand Jury Prohibition of Double Jeopardy Prevention of Self-Incrimination Due Process of the Law Limit to Eminent Domain

Definitions Write all Grand Jury: returns indictments (formal charge) after reviewing evidence of prosecutor [also called preliminary hearing] Due Process: ensures government respect of legal rights

Eminent Domain Write bold The government can take your property under the following conditions: For public use (roads, schools, etc.) Kelo v. New London – City threw out residents of a modest income neighborhood, sold to a developer to make larger houses for more tax revenue They pay you fair market value for your property Gov’t and owners frequently dispute what “fair market value” is. VDOT had recent disputes with property owners in Hampton Roads over “fair market” – would lowball owners if owners didn’t take initial offer.

Self-Incrimination Write bold You may refuse to answer a question because the answer may be incriminating Witnesses MAY NOT plead the fifth because they are not the ones charged with a crime Miranda v. Arizona (1966) A confession not preceded by a Miranda warning (where one is necessary) cannot be admitted as evidence against the confessing party Miranda only necessary if you are in custody If a defendant voluntarily testifies at the trial that he did not commit the crime, his confession may be introduced to challenge his credibility even if it was obtained without the Miranda warning

Miranda Limitations No Miranda needed if not in custody Write bold No Miranda needed if not in custody No Miranda needed if in custody but no interrogation Once a person is no longer free to leave, they are in custody “Who are you? ” and “Where do you live?” do not implicate 5th amendment

6th Amendement Speedy Trial Public Trial Jury Write all Speedy Trial Public Trial Jury Notice of Accusation (informed of nature/cause of accusation) “Confront” witnesses (cross-examine) Right to counsel, one provided if needed

U. S. Court System Supreme Court is nation’s highest court Write all text Supreme Court is nation’s highest court State and Federal courts are separate court systems

Appellate Courts Write all State cases can only be referred to federal courts if there is a rights violation Federal Courts of Appeal do not use juries or witnesses and view NO new evidence They simply review the legality/constitutionality of the lower courts