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73 Cards in this Set
- Front
- Back
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UCR
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crime is reported in the FBI's Uniform Crime Reports annually.
Is based only on crimes known to the police the 8 most serious crimes (type I offenses, index crimes) |
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what percentage of crimes brought to the attention of police result in arrest?
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20%
clearance rate : 45% violent crime 17% property crimes |
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every year the police make an estimated how many arrests for non traffic offenses
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14 million
most are relatively minor crimes 2.2 million are for serious crimes |
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arrest
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pollice have a lot to do with what happens in court after arrest
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keys to conviction
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collection of tangible evidence
locating cooperative witnesses |
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arrest in federal courts
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# of suspects prosecuted by US attorneys increased by 55% from 1982 to 2002
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arrest in state courts
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felony prosecutions increased 33% over last decade and a half
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initial appearance
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occurs within a few hours or a few days of arrest (Supreme Court expects it to happen within 48 hours of a warrantless arrest)
most misdemeanor defendants enter a plea of guilty and are sentenced immediately felony defendants can't offer a plea at this point |
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charging documents- complaint
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oath of victim or arresting officer
used in misdemeanors/ ordinance violations |
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charging documents- information
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same as complaint but signed by the prosecutor instead
used in felonies when no grand jury is used |
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charging documents- arrest warrant
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issued by a judicial officer (usually a lower court judge)
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charging documents- indictment
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used by the grand jury
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charging- law on the books- prosecutorial control
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prosecutors decide whether and what charges should be filed
wide discretion given to prosecutors by courts. no review of decisions. |
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charging- law in action- police influence
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in some jurisdictions prosecutors defer to the police
in some jurisdictions the police influence the prosecutors decision in some jurisdictions prosecutors control filing of charges. up to 1/2 of all felony arrests do not get charged |
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preliminary hearing
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In most states, those arrested for a felony that have not been indicted by a grand jury have the right to a preliminary hearing
• Preliminary hearing is used to determine whether there is probable cause that the defendant committed the crime |
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preliminary hearing- law on the books- weighing probable cause
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Preliminary hearing is first time someone other than a
law enforcement official reviews the case •Preliminary hearing does not invoke the safeguard against double jeopardy •In grand jury states a prosecutor can still go to the grand jury if a magistrate rules there is insufficient evidence •Prosecutor has to establish probable cause of a crime and that the defendant committed it |
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preliminary hearing- law in action- variations in using the preliminary hearing
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factors weighed by defense attorneys in deciding whether to demand a preliminary hearing
• Practices of the local prosecutor • Strategic and tactical considerations • Client control • Overview of evidence and opportunity for discovery |
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grand jury
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make accusations- trial juries decide guilt or innocence
fifth amendment applies only to federal prosecutions are impaneled for a set period of time- usually 3 to 6 months |
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grand jury- law in books- shield and sword
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buffer between state and citizens
investigatory powers many legal protections not applicable at grand jury stage authority to grant immunity from prosecution subpoena grand juries return indictments (true bills) or no bills (no true bills) |
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grand jury-law in action- prosecutorial domination
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in theory prosecutor functions as legal advisor
in practice, prosecutor dominates grand jury often function as a rubber stamp for the prosecutor |
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arraignment
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• Trial court of general jurisdiction
• Defendant is formally accused of a crime • Defendant enters a plea • Signifies to courtroom work group that the defendant is likely guilty of the crime charged |
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why attrition occurs
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Three Facets of Discretion
• Legal judgments • Policy priorities • Personal standards of justice |
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forms of bail
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cash bond
property bond release on recognizance bail bondsman |
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bail arguments
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crime control vs. due process
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due process model
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Only purpose is to assure defendant’s presence in court
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crime control model
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bail should be used to protect society
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primary factors shaping pretrial release
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uncertainty
risk jail overcrowding |
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situational justice
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honesty tests
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preventive detention based on crime control
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based on the belief that suspect is likely to re-offend
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pretrial bail programs based on due process
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determine which defendants are good risks
the vera institute project |
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US v. Salerno
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The Court held that Salerno could be detained based on risk of future crime
• 74-year-old mob boss sentenced to 100 years in prison • Allows for factors other than flight risk to provide basis for pre-trial detention |
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discovery
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informal and formal exchange of information between parties
civil cases criminal cases examples- lab reports, statements of witnesses, defendants' confessions, police reports |
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type of evidence discoverable
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exculpatory evidence- Brady v. Maryland (the brady rule)
impeachment evidence- Jencks v us (the jencks act) |
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the exclusionary rule and the supreme court
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prohibits the prosecutor from using illegally obtained evidence at trial
justified on three grounds • Courts should not participate in illegal conduct • Deters law enforcement misconduct • Other remedies (civil) are unworkable |
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Miranda v. Arizona
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• 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 talk to a lawyer and have him or her present with you while you are being questioned • If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish |
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Harris v. New York 1971
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statements taken in violation of Miranda can be used to impeach
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New York v Quarles 1984
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overriding considerations of public safety
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Davis v U.S. 1994
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ambiguous statement for an attorney
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Texas v. Cobb 2001
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separate cases
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search and seizure
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originally , "if the constable blunders, the crook should not go free."
changed with the adoption of the exclusionary rule fourth amendment |
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the fourth amendment prohibits
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the use of evidence secured through an illegal search and seizure
• Applies only to Federal Law Enforcement Officials (Weeks v. U.S., 1914 ) • Court refused to extend exclusionary rule to the states (Wolf v. Colorado, 1949) • Exclusionary rule extended to the states (Mapp v. Ohio, 1961) |
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search and seizure exceptions
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• A person running at the sight of a police officer could justify the police
conducting a stop-and frisk search (Illinois v. Wardlow 2000) • Police officers do not have to advise suspects that they have a right not to consent to a search ( U.S. v. Drayton 2002 ) |
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search and seizure limitations
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• Police cannot use a thermal imagining device to scan a building to detect the presence of high-intensity lamps used to grow marijuana (Kyllo v. U.S. 2001)
• Police cannot stop and search a person for a gun solely on the basis of an anonymous tip (Florida v. J. L. 2000) |
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plea bargaining
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negotiated justice
between 85 and 95% of felony convictions are obtained thru this |
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charge bargaining
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defendant pleads guilty in return for a less serious charge
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count bargaining
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defendant pleads to some of the original counts charged and prosecutor dismisses the rest
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sentence bargaining
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defendant pleads to the original charge in exchange for a promise of leniency in sentencing
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prosecutor and plea bargaining
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certainty of conviction
control of the negotiating process |
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defendants and plea bargaining
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possibility of a lenient sentence
immediate release |
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defense attorneys and plea bargaining
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assesses the offer
negotiates the terms of the plea bargain counsels the defendant |
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judges and plea bargaining
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pressure attorneys to accept pleas
attorneys know the going rate a judge will accept in a plea bargain for each charge |
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jury trial penalty
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• Notion that those who go to trial and get convicted receive longer
sentences • Difficult to draw conclusions because of tremendous discrepancies among jurisdictions • Three strikes statutes allow prosecutors to threaten very long sentence |
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nolo contendere (no contest)
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latin phrase meaning i will not contest it
has the same impact as a guilty plea but can not be used in civil proceedings |
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boykin v alabama
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a 'boykin' form is required to accept a guilty plea ensuring it is voluntary
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alford plea
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pleading guilty while maintaining innocence
alford v north carolina defendant saves face same effect as a guilty plea |
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due process model and plea bargaining
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Undercuts protections
afforded individuals •May lead to conviction of innocent defendants •Produces few tangible benefits for defendants |
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crime control model and plea bargaining
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Allows defendants to avoid conviction for crimes they actually committed
Results in lenient sentences Gives criminal wrongdoers the impression that the courts and the law are easily |
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history of trials by jury
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magna carta 1215
transferred to the colonies written in the constitution -article III, section 2 - the sixth amendment - the seventh amendment |
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right to jury trial
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not all persons accused have a right to a trial by jury (juvenile offenders, adults charged with petty offenses)
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jury size
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fixed at 12 by historical accident not required by the constitution
6 person jury acceptable in non-capital cases |
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jury unanimity
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• Unanimity required since the14th Century
• In the 1970’s Supreme Court held that federal criminal trials must be unanimous • State verdicts of 9-3 and 10-2 upheld • Research shows non-unanimous juries tend to be hung less often, deliberate less thoroughly, and result in less satisfied jurors |
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selecting a fail and unbiased jury
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• Master Jury List
• Voter registration list • Advantages: readily available, frequently updated, collected in districts within judicial boundaries • Disadvantages: exclude poor, young, minorities, and less educated • Telephone directories • Utility company lists • Driver’s license lists |
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venire (jury pool)
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• Random selection from the master list
• Not all persons chosen will serve on the venire, most states have requirements • Statutory exemptions may exclude others • Random selection from the venire |
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voir dire
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preliminary examination of a prospective juror
principal challenges fact-partial challenges |
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presumption of innocence
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the defendant is not required to prove him/herself innocent
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presumption of sanity
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the defendant is required to prove insanity
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burden of proof
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the state has the burden of proving the defendant guilty beyond a reasonable doubt
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types of evidence
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real evidence
testimony direct evidence circumstantial evidence |
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real evidence
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objects of any kind
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testimony
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statements by competent witnesses
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direct evidence
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eyewitness evidence
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circumstantial evidence
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indirect evidence
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jury instructions
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general legal instructions
instructions specific to the case possible verdicts charging conference |
