1. Constitutional and Criminal Law
Dr. Walker

2. Criminal Law - Charges Homicide
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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

3. Criminal Law - Charges Homicide Justifiable
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Homicide
Justifiable
Self Defense, Defense of Others
Accidental

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

5. Executions since 1976
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Texas – 477 (30 in )
Virginia – 109 (4 in )
Oklahoma – 97 (5 in )
Florida – 71 (3 in )
Missouri – 68 (1 in 2010)

6. 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) 

7. Criminal Law - Charges Assault and Battery
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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

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

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

10. Amendments 4th amendment No unreasonable search and seizure
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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

11. Probable cause A reasonable belief that a crime has been committed
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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

12. Search Warrants
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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

13. Execution of Search Warrants
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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

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

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

16. More Ethics What happens if the prosecution withholds evidence?
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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

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

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

19. Eminent Domain
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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.

20. Self-Incrimination
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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

21. Miranda Limitations No Miranda needed if not in custody
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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

22. 6th Amendement Speedy Trial Public Trial Jury
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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

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

24. Appellate Courts
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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