SUPA Forensic science September 20, 2012

 Both the Federal Government and New Jersey establish criminal laws  The United State Code U.S.C.A.  Title 2C of the New Jersey Statutes N.J.S.A.  Other sources  The Common Law  COMPARE Administrative, Equity and Civil Statutes  Why do we have two sets?  PROBABLE CAUSE --Our Constitution does not ESTABLISH a criminal law but it DEFINES when someone may be arrested and searched

 Supreme Court  United States Court of Appeals  United States District Court  United States Magistrates  New Jersey Supreme Court  Superior Court of NJ, Appellate Division  Superior Court of NJ, Criminal Part

 FEDERAL  FELONY  MISDEMEANOR  STATE CRIMES –THE SUPERIOR COURT OF NJ, CRIMINAL PART  ALL VIOLATIONS ARE OFFENSES  CRIMES  The most serious. They are classified as Crimes of the 1 st through 4 th degree  1 st degree 30 years, with Murder its LIFE  2 nd degree 5 to 10 years  3 rd degree 3 to 5 years  4 th degree 0 to 18 months

 Our New Jersey Municipal Court System  DISORDERLY PERSONS OFFENSES  PETTY DISORDERLY PERSONS OFFENSES  Title 39  Other quasi criminal sources  Title 19  Title 4

 The INVESTIGATION  The requirement of PROBABLE CAUSE  To search  To listen  To take  COMPARE WITH PROBABLE CAUSE TO ARREST or to INDICT  Who decides and WHEN?  "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true” Blacks Law Dictionary prudent and cautious person'sprobably

 BY POLICE  ANY CRIMINAL VIOLATION CAN BE FILED BY COMPLAINT or FOR MORE SERIOUS CASES, a WARRANT  Difference between a COMPLAINT and WARRANT  Must establish the identity of the accused, where and when the offense occurred and what specific statute was violated  Filed with the Court  CIVILIAN COMPLAINTS  For Civilian Complaints, Probable cause must be established by the Court

 Once the arrestee is encountered, they are advised that they are under arrest and not free to leave, and of certain rights under MIRANDA V ARIZONA:  “Miranda Rights”  To remain silent  To be advised that what they say can and will be used against them  That they have the right to an attorney AND  That if they cannot afford and attorney, one will be appointed for them.  NOTE: Miranda applies when a suspect is “in custody” and is limited to “testimonial evidence”  Another example of our Constitution providing RIGHTS (as opposed to defining criminal conduct). Here we deal with the 5 th Amendment right to due process and the 6 th Amendment right to counsel.

 Booking and Processing  Picture, fingerprints, buccal swab  Entry into NCIS  Bail  Not punishment  Guarantees that the defendant will appear  Real estate and the role of a surety  THE ARRAIGNMENT  First contact with the Judiciary

 “PIP” Court  The GRAND JURY  Meet every day  It decides whether the more serious charges can go forward  Witnesses and evidence  Reading of the law  Probable Cause returns  INDICTMENT OR “NO BILL”

 Preliminary hearings  Suppression  Admissions  Evidence  Severance  Transfer venue  Admissibility of Evidence  Plea negotiations and the “plea cutoff”  Cooperation All pre trial proceedings are designed to remove any surprise and to provide for a FAIR TRIAL

 Order of Proceeding  Jury voire dire  Opening  Direct  Cross  Closing  The role of the Judge  The role of the Defense Attorney  The role of the Prosecutor  The role of the Jury The Verdict Post Trial Motions and Appeal