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38 Cards in this Set
- Front
- Back
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Constitutional Authority |
"No person shall be compelled in any criminal case to be a witness against him/herself." 5th amendment
"No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense." WA Const. Art. I, sec. |
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Constitutional Authority |
*6th Amendment- Right to an attorney
*14th Amendment- Right to due process |
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5th Amendment |
*Right must be asserted to take effect *Prevents the defendant from being called as a witness for the prosecution in a criminal case *Prevents the prosecution or any witness from commenting upon the defendants failure to take the stand or answer questions *Limited to testimonial evidence (oral or written) |
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Miranda |
MIRANDA: Officers agreed to drop some charges if the suspect confessed to kidnapping. Suspect agreed and confessed. He was convicted of kidnapping and rape. His conviction was overturned.
*Court announces rule requiring people who are taken custody to be advised of certain rights/warning. |
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Miranda Warnings |
*The right to remain silent *Any statement he does make can and will be used as evidence against him in court *Right to a lawyer before answering questions *Right to have a lawyer present during questioning *If he cannot afford an attorney, one will be appointed for him prior to questioning. |
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Miranda Cont. |
*Actual words need not be exact. *"whether the warnings reasonably convey to a suspect his rights..."
*Warnings only necessary when questioner is a state actor.
*Warnings on apply to "custodial" interrogation.
*Warnings must be given in a language the suspect can understand. |
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Your Constitutional Rights |
*You have the right to remain silent. *You have the right at this time to an attorney. *Anything you say can and will be use against you in a court of law. *If you are under 18, anything you say can be used against you in a Juvenile offense and can also be used against you in an adult court criminal prosecution if the juvenile court decides that you are to be tried as an adult. *you have the right to talk to an attorney before answering any questions. *You have the right to have an attorney present during the questioning. *If you cannot afford an attorney, one can be appointed for you without cost. *You can exercise these rights at any time. *Do you understand these rights?
Having been informed of these rights do you wish to talk with me? If the answer s YES, then ask: Have any threats or promises been made to you to convince you to waive your rights? |
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Custodial Interrogation |
Miranda Rights are only triggered when suspect is "in custody" and is subjected to "interrogation." |
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In Custody |
*The suspect has been placed under arrest, or the suspect's freedom of action or movement has been curtailed to a degree associated with formal arrest. *"In custody" and "Seizure" or "seized" are not the same. *Miranda Warnings not necessary on a Terry Stop. |
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Reasonable Person Standard |
*Whether a suspect is "in custody" is and objective inquiry. Asking: *First, What are the circumstances surrounding the interrogation, and * Second, would a reasonable person have he or she was at liberty to terminate the interrogation and leave |
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Interrogation |
*Express questioning, as well as all words or actions on the part of police, other than those attendant to the arrest, that are likely to elicit an incriminating response. *Objective standard. Focusing on what the officer knows or ought to know will be the result of his words or acts. |
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Invocation of rights |
*Miranda Rights may be waived. A suspect may knowingly, voluntarily and intelligently waive his/her rights under Miranda. *May change his/her mind at any time. *Once a suspect requests a lawyer, police must cease questioning the suspect and cannot try again until a lawyer had been made available, or suspect re initiates conversation. |
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Request of Counsel |
*Suspects request for counsel must be "unequivocal." *An officer who is confronted with an ambiguous request may simply proceed with questioning. *i.e. "maybe I should talk to a lawyer..." *The right to counsel belongs to the suspect, it may not be asserted on the suspect's behalf by another. |
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Right to Remain Silent |
*Once a suspect expresses a desire to remain silent, the police must scrupulously honor the request and cease questioning. *Suspects invocation of the right to remain must be unequivocal. *Mere silence in the face of questioning is not enough. |
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6th Amendment Right to Counsel |
*"....in all criminal prosecutions, the accused shall enjoy the right... to have the assistance of counsel for his defense" *WA Const. is co-extensive *6th amendment does not attach until a prosecution is commenced, whether by formal charge, preliminary hearing, indictment, information, or arraignment *Right is "charge-specific." |
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WA Court Rule Right to Counsel |
*CrR 3.1: An arrested person must be notified as soon as practicable after his arrest of his court rule right to an attorney. *MIRANDA will not suffice. *Arrested person must be given access to a telephone and number of the public defender. Not the attorney of his choice. *Actual contact with an attorney is not required. |
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Admissibility Hearings |
*Before introducing evidence of any custodial statement, or any statement made to a state actor, the court must hold a hearing to determine if the statement was freely given. *The burden is on the State to prove the voluntariness of the statement. *Statements are only admissible at trial I the prosecutions case if the state can prove a voluntary Miranda Waiver. |
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Specific Issues that May Impact a Finding of Voluntariness |
*Physical Abuse *Isolation *With holding of sleep, food,beverages, medical care, bathroom *If Manic *Promises/Treats *Language Barriers *Deception (if overcame the DFs will to resist) |
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part 2 |
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Following the Arrest |
*Report *Investigation *Warrants *Arrest *Booking *Preliminary Appearance *Arraignment *Discovery *Plea Bargaining *Trail |
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Probable Cause Determination |
*Did this person commit this crime? *Gerstein v. Pugh (US Supreme 1975): 4th amendment requires a PC hearing either before, or promptly after arrest. "A prosecutor's decision to charge is not enough to detain" *In Washington, PC must be presented to a judge within 48 hours of arrest. *Procedural Issues: Simple proceeding, often ex parte, no right to counsel ect... |
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The Preliminary Hearing |
*Intended to prevent "hasty, malicious, improvident, and oppressive prosecutions" and to ensure that "there are substantial grounds upon which a prosecution may be based. *Usually takes lace prior to charging, used to inform arrestee of charges, establish PC, and set conditions of release. *Not required under the Constitution, but most states use for felony charges. *Adversarial Hearing *No rules on Evidence |
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pretrial release |
*Bail (hold in jai) or personal recognizance (Release) pending trail? *Judge should consider: "the natural and circumstances of the offense charged, the weight of the evidence against the accused, the financial ability of the defendant to pay bail, and the character of the defendant." *Bail Bond Agent *8th Amendment: "Excessive Bail shall not be required" -Bail should not be excessive in those cases where it is required. (Not been incorporated to the States) |
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Criteria for Release |
*Two main considerations *Flight Risk: "Likelihood of Appearance" -Ties to the Community, Warrant History *Dangerousness: "Substantial Risk to the Community" -Criminal History, Natural of the Charge *Financial Status -Bail should be set relevant t Defendants ability to pay |
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The Arraignment |
*Formal Hearing following the filing of charges *Defendant enters a PLEA -Guilty, Not Guilty, No Contest -Allocution *In Washington, must taken place within 14 days of arrest- unless waived *Formal Hearing Adversarial *Case scheduling done |
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Discovery |
*The process by which each party to a case learns f the evidence that the side will present at trail *Remedies for noncompliance: sanctions, dismissal, suppression of evidence *Excluded from Discovery -Work Product -Privileged Communication |
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Discovery from the Defense |
*Relatively limited because of constitutional rights of Defendant *Generally required to disclose -Nature of Defense -Witnesses and Evidence that will be introduced at trial |
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Discovery from the Prosecutor |
*More expansive than Defense obligations *Trials must be fair *Generally Required: -Names of witnesses and summary of testimony -Evidence intended to be introduced -Any expert witnesses, results of exams -Duty to preserve evidence
-BRADY MATERIAL: "The suppression by the prosecution of evidence favorable to an accused upon request violates due process where evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." |
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Plea Bargaining |
*Plea Bargaining: “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant pleading guilty to a lessor offense or to only some of the counts in return for a lighter sentence than the possible sentence on the graver charge”
*“the defendant's agreement to plead guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state”
*95% of cases in Washington result in plea bargains
*Charge Bargaining vs. Sentence Bargaining
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History of Plea Bargaining |
*Concern that the process supplanted a jury trial
*Subject to abuse by prosecutors. Making promises to prisoners that they had no power to make
*First case discussing plea bargaining Commonwealth v. Battis (1804): Court very concerned with defendant that wanted to plead guilty.
*Becoming more common by the mid-1800's.
*Common practice by early-mid 1900's.
*Why the rise? -The growth of the adversarial system
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Arguments for and Against Plea Bargaining |
*Arguments For -Cohesion in the Courtroom -Helps prosecutor dispose of a busy caseload -Benefits the DF, by allowing favorable resolution -Saves judicial resources -Saves the victim from testifying
*Arguments Against -Encourages over-charging -Integrity of the system -Less accountability -Innocent person may plead guilty
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Effects of Plea Bargaining |
*Effects 4 parties
*(1) Court: Not bound by the agreement, but inclined to follow
*(2) Prosecutor: Bound only after acceptance by the Court
*(3) Defendant: Waiver of just about every right
*(4) Victim: Quick closure vs. lack of accountability
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Guilty Pleas |
*“it would be unconstitutional for a judge to accept a guilty plea without an affirmative showing that it is intelligent and voluntary.” Boykin v. Alabama (U.S. 1969)
*Three requirements of a valid guilty plea... -(1) Intelligent (i.e. understood) (a) nature of the charge, (b) possible sentence, (c)rights waived -(2) Voluntary: No threats, coercion, physical abuse ect. -(3) Based in Fact: A DF cannot plead to a crime he didn't commit.
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Withdrawing a Plea |
*If (1) Plea was product of coercion, (2) Prosecution does not fulfill its end of the bargain, (3) Other problems, such as later arising constitutional issues
*Prior to acceptance by the Court, DF is generally permitted to withdraw his plea.
*After acceptance by the Court, DF is generally not permitted to withdraw his plea. -Only if a “fair and just” reason for overturning
*Appealing a Guilty Plea: -May appeal the denial of a Motion to Withdraw
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Exclusionary Rule |
*The common remedy for an illegal search or seizure is the exclusion of the illegally obtained evidence and all evidence discovered as a result of the illegality.
*Announced in Washington in 1922.
*“It is beneath the dignity of the state, and contrary to public policy, for the state to use for its own profit evidence that has been obtained in violation of law.” State v. Buckley (WA Supreme Ct, 1927).
*Federal exclusionary rule made applicable to the States in 1961. Mapp v. Ohio.
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Procedures for Challenge |
*Prior to the filing of Charges
-Any person who is aggrieved by an unlawful search or seizure may move the court for the return of the property on the ground that the property was illegally obtained.
*After Charges are filed -The proper procedure for seeking suppression is set out by Court Rule |
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Waiver |
*Exclusion of improperly obtained evidence is a privilege, and it must be asserted in a timely fashion.
*If the defendant fails to seek suppression of evidence until trial, he can obtain suppression only if (1) not disputed, or (2) he could not have learned of the illegal seizure prior to trial.
*Who may raise the claim: A person may challenge a search or seizure only if he or she has a personal 4th Amend. Or Art. I, Sec. 7, interest in the area searched or the property seized.
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Exceptions to Exclusionary Rule |
*Good Faith: If the government didn't mean to do anything wrong. NOT AVAILABLE IN WASHINGTON.
*Inevitable Discovery: When the government can prove that the illegally discovered evidence would have been discovered regardless of the unlawful search/seizure. NOT AVAILABLE IN WASHINGTON.
*Independent Source Doctrine: If knowledge of evidence is gained from an independent source that may be proved like any other.
*Attenuation: If the evidence is far enough removed from the unlawful action of government.
*Silver Platter Doctrine: Evidence gathered by a foreign jurisdiction.
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