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61 Cards in this Set
- Front
- Back
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Criminal Justice Process |
D= Defendant P= Police DA = district attorney da= defense attorney |
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overview of process |
d commits crime p arrest d p give case to DA DA files case against D d brought before a judge & has da preliminary hearing trial done/ 12 jurors DA calls victims and witnesses d found guilty innocent or hung jury j sentences d |
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court system |
dual court system |
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two types of courts in dual court system |
state federal |
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CA state courts |
Superior/county court i.e. trial court (sees all crimes) CA court of appeals: first appeal court ca supreme court = highest court. doesnt have to review a case. always hear death penalty cases |
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federal courts |
us district courts: trial court, has to do with location. 9th circuit appeals: first appeal court us supreme court: highest federal court. only hear 80 cases a year |
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prosecutor |
district / city attorney decide which cases to file |
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defense attorney |
public defenders, alternate public defenders, bar panel attorneys, few defendants hire private attorneys try to get plea agreement with prosecutor |
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judges |
elected/appointed by governor or president. set bail, ROR, order witness to court, dismiss case. may offer open plea |
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defendant |
accused of crime |
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victim |
testify in trial, have right to be heard |
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arraignment |
told all charges |
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DA hours of arrest |
must choose within 48 hours |
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preliminary hearing |
heard 10 days after the court date unless the defendant waives time PROBABLE CAUSE |
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PROBABLE CAUSE |
All that is needed to make an arrest, conduct a search or recieve a warrant |
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trial date |
set within 60 days |
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trial process |
preliminary hearing arraignment/ plea trial |
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defendant presumption |
innocence "innocent until proven guilty" |
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burden of proof in a trial |
beyond a reasonable doubt |
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reasonable doubt |
not proof beyond all doubt, because there is always some doubt |
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two types of trials |
jury court |
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corpus delecti |
body of the crime |
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grand jury |
20 grand jurors in secret d attorney not present da presents evidence if probable cause will return as indictment |
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law enforcement choices |
investigate arrest show case to da |
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prosecutor choices |
decline case divert case file case dismiss case |
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judge choices |
dismiss case open plea max out defendant |
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defendant choices |
plead guilty take case to trial |
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4 sources of law |
us constitution state constitution common law legislative statures |
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proseuctor duties |
be ethical turn over all evidence dont file case that cant be proven |
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plea bargain |
DA and D attorney come to an agreement before trial |
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exclusionary rule |
any evidence obtained illegally will be excluded |
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fruit of poisonous tree |
evidence found as a result of illegal search or conduct |
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exceptions to exclusionary rule |
independent source attenuation inevitable discovery: wouldve been discovered anyway good faith |
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search |
when expectation of privacy is infinged |
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seizure |
when someones property including themselves are taken |
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no search an seizure |
4th amendment doesnt apply |
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hoffa v united states |
yelled about bribing jurors, no expectation of privacy because he yelled and people could hear it |
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california v ciraolo |
no expecation of privacy from air because planes go over air all the time |
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kyllo v united states |
thermal imaging, must have search warrant |
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abandoned property |
no 4th amendment for abandoned property no warrant necessary |
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totality of circumstances |
where property is found condition of property type of property |
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california v greenwood |
puttin evidence in trash can outside of home/property makes it abandoned property |
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wong sun v united states |
no reliable source, broke into house didnt have enough infor for a warrantless arrest |
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totality of circumstances |
used to evaluate informants and establish probable cause |
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2 types of informants |
citizen police |
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hobbs attatchments |
attatchments to warrrant to keep identities secret and it is sealed very rare to unseal |
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requirements for search warrant |
order in writing by judge |
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who issues search warrant |
judge |
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what is required for a search warrant |
probable cause |
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2 parts to search warrant affidavit |
officer background/ training/ expertise statement of probable cause |
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statement of PC |
facts: know, saw, told conclusion add attachments/photos/ police report etc |
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staleness |
makes search warrant void |
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us v wagner |
staleness |
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particularity requirements |
must name certain items that want to be seized cant just go through a persons belongings |
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chain of custody |
know who where what and who has evidence at all times |
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nighttime service |
special request |
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red flag |
doctors attorney clergy psychotherapist |
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for red flags |
need special master |
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knock and announce |
must announce presence when conducting a search warrant |
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exception to knock and notice |
exigent circumstances |
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search warrant return |
must be given to judge with everything that is seized within 10 days |
