Chapter Fifteen Criminal Procedure Before Trial

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Criminal Procedure Criminal Procedure is a branch of constitutional law. Criminal procedure is the process of facilitating criminal prosecutions and the process of protecting the rights of criminal suspects and defendants

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 The Constitution 4th Amendment: prohibits unreasonable searches and seizures 5th Amendment: contains the due process clause and the privilege against self- incrimination 6th Amendment: guarantees the right to counsel and other rights regarding trial 8th Amendment: prohibits cruel and unusual punishment

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Probable Cause Before a warrant may be issued under the 4th Amendment, probable cause must be established. Probable cause consists of known facts which allow a “reasonably prudent” person to infer certain conclusions.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Warrant Requirement Law enforcement officers should search and seize under the authority of a search warrant. A warrant is a written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Exceptions to the Warrant Requirement person is in the process of committing a misdemeanor exigent circumstances hot pursuit plain-view doctrine

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 The Exclusionary Rule This rule excludes evidence when it has been acquired in violation of constitutional protections. Evidence that is obtained illegally cannot be used at trial. This means the jury will never see it!

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Arrest An arrest is the physical seizure of a person by the government. This seizure of the individual is serious interference with that person’s freedom or liberty. The 4th Amendment limits the government’s right to arrest.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Interrogations & Confessions Interrogation is the process used by law enforcement officers to elicit information from a criminal suspect A confession is a voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 Right to Counsel The 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defense.”

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 Pretrial Activities Discovery and Investigation Arrest Complaint Initial Appearance Preliminary Hearing Formal Charges Formal Discovery Pretrial Motions