1. CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 1 (Chapter 1 – Historical dev. of the law and judicial systems) (Chapter 2 – The 4 th Amendment -- Pgs 58-67)

2. CJ227 Criminal Procedure Welcome Brief bio on the prof… Brief rundown on how seminars will run –Welcome –Brief review of the prior Unit’s highlights –Brief outline of the current Unit’s material –Presentation and discussion of the current Unit topic/material as set forth in the syllabus –Brief review of what we have done in the current unit –Brief preview of the material in the next Unit. Discussion Boards – 1 post, one reply Syllabus rundown Questions in class Major assignments –Unit 2 - Analysis and Application assignment –Unit 4 - Analysis and Application assignment –Midterm Exam due at the end of Unit 5 –Unit 8 - Analysis and Application assignment –Unit 9 - Analysis and Application assignment –Final Exam due at the end of Unit 9

3. CJ227 Criminal Procedure - Unit 1 What are the goals of judicial system?

4. CJ227 Criminal Procedure - Unit 1 Orientation Goals: –Law and Order – Stresses the need to solve the crime problem. –Individual Rights – Stresses the need to protect individual rights. Pragmatic Goals: –Preventing Crime –Diverting Offenders –Deterring Crime –Controlling Criminals –Rehabilitation of Offenders

5. CJ227 Criminal Procedure - Unit 1 Below are some foundational concepts to keep in mind as we work thru this semester: –The Bill of Rights applies directly only to the Federal govt. and selectively applies to the states thru the Due Process clause of the 14 th Amend. –State constitutions may provide additional rights to citizens which are not included in the US Const. but it may NOT restrict the rights granted by the US Const.

6. CJ227 Criminal Procedure - Unit 1 –Our system of criminal procedure is based on the adversarial process. –Charges in a criminal trial must be formalized either by an indictment returned by a Grand Jury or prepared by the prosecutor. –Prior to trial both the prosecution and defense may submit pre- trial motions and have their right to discovery imposed on the opposition. –The 2 questions regarding the burden of proof in a criminal trial are: Who has the burden of proof? What is the magnitude of the burden? The magnitude can be: –Proof beyond a reasonable doubt –Clear and convincing –Preponderance of the evidence

7. CJ227 Criminal Procedure - Unit 1 What is meant by venue? What is meant by jurisdiction?

8. CJ227 Criminal Procedure - Unit 1 Venue – the geographic area in which a case may be heard Jurisdiction – the inherent power of a court to hear and decide a case.

9. CJ227 Criminal Procedure - Unit 1 How is the federal court system organized? How are the state court systems organized?

10. CJ227 Criminal Procedure - Unit 1 Federal: –US District Courts –US Court of Appeals –US Supreme Court State: –Circuit Court –Appellate Court –State Supreme Court –Note: NY courts are organized differently as to their names. For more information, please see -- http://www.courts.state.ny.us/courts/structure.shtml http://www.courts.state.ny.us/courts/structure.shtml

11. CJ227 Criminal Procedure - Unit 1 The 4 th Amendment –What does the 4 th Amendment provide in terms of protections to individuals? –Why was it important to the framers of the Bill of Rights? –Who is regulated by the 4 th Amendment?

12. CJ227 Criminal Procedure - Unit 1 The 4 th amendment protects individuals from unreasonable searches and seizures by the govt. –It is important to note that the protections of the 4 th Amend are not absolute. It only protects against unreasonable searches and seizures, not reasonable ones. –Reasonableness – the 4 th Amend provides that warrantless searches and seizures when they are sensible. –Two approaches: Bright line approach – Reasonableness is determined by a specific rule applied to all cases. Case by case method – Reasonableness is determined by the totality of the circumstances in each individual case. This is the most common method in most US courts today. In a historical context, the framers of the Bill of Rights wanted to make sure that the US Govt would not have the power to have troops or other govt agents knock down doors of citizens homes or businesses at will and w/o warning or to search individuals w/o good cause. If any person is an employee or agent of any govt agency or serves a govt agency in any capacity, they are bound by the limitations of the 4 th Amendment.

13. CJ227 Criminal Procedure - Unit 1 What is meant by “probable cause?” Why is it important?

14. CJ227 Criminal Procedure - Unit 1 Probable Cause (PC) exists when facts and circumstances would lead a reasonable person to believe that a crime had been committed or is about to be committed. PC is important because it determines when an officer may execute lawful searches or seizures with (and in some cases w/o) a warrant. –PC must be established before a lawful arrest, search or seizure can occur unless there is an exception.

15. CJ227 Criminal Procedure - Unit 1 What are the different ways that PC can be established?

16. CJ227 Criminal Procedure - Unit 1 Probable Cause can be established through: –Observational probable cause –Admissions –Presence at a crime scene –Association with known criminals

17. CJ227 Criminal Procedure What happens if the protections granted by the 4 th Amend are violated? What is the Exclusionary Rule? Is there a way to get evidence, which has been excluded by the Exclusionary Rule to still be admitted into evidence and used against the defendant?

18. CJ227 Criminal Procedure - Unit 1 Exclusionary Rule –If the protections of the 4 th Amend are violated, then there has been an unlawful search/seizure and any evidence gathered from that violation is inadmissible in court and cannot be used against the defendant. Further, any evidence gathered as a result of the inadmissible evidence (earlier illegality) is ALSO inadmissible (Fruit of the Poisonous Tree Doctrine)

19. CJ227 Criminal Procedure - Unit 1 Some Exceptions to the Exclusionary Rule –Inevitable Discovery – When evidence gathered illegally would have ultimately been discovered thru lawful means –Harmless Error – where the illegal or “tainted” evidence is not critically necessary to prove the defendant’s guilt or innocence –Good Faith – Officer had a good faith belief and was unaware that the search/seizure was in violation of the defendant’s 4 th Amend rights.

20. CJ227 Criminal Procedure - Unit 1 Mini-Review Tonight you learned about: –Goals of our judicial system –Foundational concepts in Crim Procedure –Venue and jurisdiction –Federal and State court system organization –The 4 th Amendment –The Exclusionary Rule –Fruit of the Poisonous Tree Doctorine

21. CJ227 Criminal Procedure - Unit 2 Seminar Preview Traffic Stops Terry Stops Other encounters Arrest Searches …..and much much more, so I look forward to seeing everyone in Seminar next week!!!