Interrogations and Confessions The Trial Pages

Interrogations After an arrest is made, the police question or interrogate the accused. “No person…shall be compelled in any criminal case to be a witness against himself, not be deprived of life, liberty, or property, without due process of law.” “In all criminal prosecutions, the accused shall…have the assistance of counsel for his defense.”

Self-incrimination A suspect has the right to remain silent and cannot be forced to testify against him/herself. Escobedo v. Illinois- USSC decided that even voluntary confessions were inadmissible as evidence after the defendant’s request to speak with an attorney has been denied.

Miranda v. Arizona 1966 Miranda was unaware of his constitutional rights Police are required to inform people accused of a crime of their Miranda rights

Chief Justice Earl Warren Delivered the opinion of the Court Warren cited several police training manuals

Miranda Rights You have the right to remain silent. Anything you say can and will be used against you in a court of law. 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 these rights?

Miranda Rights Failure to give Miranda rights does not affect the validity of the arrest. If no Miranda warning is given, the statements made prior to the reading of the Miranda rights cannot be used. Miranda was convicted in a second trail based on other evidence.

Booking Formal process of making a police record of the arrest.

Arraignment A court session at which the defendant is charged and enters a plea. For a misdemeanor it is the initial appearance at which the judge informs him or her of the charges and sets the bail.

Bail Money put up to assure the defendant will return for trial.

Personal Recognizance Personal bond Promise to return Low risk for not returning for trial

Bail Reform Act (1984) Can prevent someone from being released on bond if he or she is charged with a felony offense and believed to be dangerous.

Bail hearing cases- Pages

Proceedings Before the Trial continued

Preliminary Hearing Used as a screening device for felony cases Determines if there is enough evidence to require a defendant to stand trial- in others words the prosecution must establish that a crime probably took place and the defendant probably committed that crime If the case is dismissed a grand jury may still be used

Grand Jury A group of 16 to 23 people who determine whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial. Must be used in federal cases The prosecution presents the evidence

Indictment A grand jury’s formal charge or accusation of criminal action.

Nolo Contendere Plea by defendant that does not admit guilt but also does not contest the charges. Equivalent to pleading guilty The only advantage to this plea is that it cannot be used as evidence in a later civil trial for damages based on the same set of facts.

Pretrial Motion A document asking a judge to make a decision before the trail begins. Ex: dismiss the case, motion for discovery evidence, motion for continuance, motion for a change of venue, motion to suppress evidence

Plea Bargaining Negotiations in criminal cases between a prosecutor and a defendant. If the defendant aggress to plead guilty, the prosecutor charges the defendant with a less serious crime generally leading to a lighter sentence. WE OUT CHEERRR!!!

Assignments Problem 37- page 143 Police Conduct Pages Problem 39- pages

Problem 37- page 143 A.Exclusionary rule- a rule that does not allow the use of illegally obtained evidence against the defendant in a trial It does not prevent the arrest or trial of a suspect, but it does sometimes mean that a guilty party may go free.

B. USSC adopted this rule to safeguard the rights of citizens and to prevent police misconduct. In favor of the rule- judges won’t help police break the law, it will deter police from illegally seizing evidence Against the rule- it may be a legal loophole for criminals to go free, most countries do not have this rule-most countries punish the police while keeping and using the evidence

C. Good faith exception- allows evidence collected in violation of privacy rights to be admitted at trial if police officers acting in good faith reliance upon a defective search warrant — that is, they had reason to believe their actions are legal

The Trial

6 th Amendment Speedy and public trial Impartial jury Informed of nature and causes of crime Confront witnesses Obtain witnesses Assistance of counsel

Due process of law Ensure a fair trial DPL is made up of everything in the 6 th amendment

Right to Trial by Jury Juries are reserved for state and federal cases, however they are rarely used due to plea bargaining Typically juries are not used for crimes in which the punishment would be 6 months or less in prison Defendants can waive their right to a jury, which occurs in the majority of cases in some states

Jury Selection Selected from voter registration and tax lists Federal Juries- 12 people, must have unanimous verdict to be found guilty Most states also use 12 people and require a unanimous verdict, but are not constitutionally required to do so

Race and Jury Selection U.S.S.C. has ruled that race may not be a factor in excluding someone from a jury. Page 151 Rodney King problem 43

Right to a Speedy and Public Trial Constitution does not define speedy and courts have trouble deciding what the term means. The federal gov’t and some states have set limits for when a case must be brought to trial May waive the speedy trial requirement in order to prepare/obtain witnesses

Right to Confront Witnesses This right may be restricted if the defendant becomes disorderly or disruptive Judge may remove defendant or cite him/her for contempt of court

Freedom from Self-Incrimination You cannot be forced to testify against yourself in a criminal trial. The prosecutor can not draw attention to the fact that the defendant did not testify Immunity: These laws force a witness to answer all questions (even incriminating ones) and grants that the witness can not be prosecuted based off the information he/she provided.

Right to an Attorney At one time (except in criminal cases) attorneys were only used if you could afford one USSC required federal courts to provide attorneys to those charged with federal felony cases. Gideon v. Wainwright-all possible imprisonment cases

Problems with Right to Attorneys Public defenders or private attorneys RICO (Racketeer influenced and Corrupt Organization) law require seizing all assets of defendants charged with such crimes. RICO defendants have a difficult time hiring an attorney

Sentencing

Suspended Sentences A sentence given that does not have to be served at the time it is imposed The defendant may have to serve it at a later time if he or she is rearrested or violates the conditions of their probation

Probation The defendant is released to the supervision of a probation officer after agreeing to certain conditions.

Home Confinement The defendant serves the sentence at home. Typically the defendant can only leave home for work, school, doctor’s appointments, etc… Electronic monitoring

Fine The defendant must pay the government an amount of money set by the court

Restitution The defendant is required to pay back or make up for whatever loss or injury was caused to the victim of the crime.

Work Release The defendant is allowed to work in the community but is required to return to prison at night or on the weekends.

Imprisonment Jail or prison Some states require a definite sentence Other states allow for an indeterminate term (not less than 3 nor no more than 10)