1. 1. CRIMINAL PROCEDURE BEFORE TRIAL
2. 2. Criminal Procedure: a branch of constitutional law that facilitates criminal prosecutions and protects the rights of criminal suspects and defendants. The Constitution and the Criminal Suspect Procedural due process: ensures the right to a speedy trial assistance of counsel a jury trial Substantive due process: protects personal property from governmental interference or possession.
3. 3. Reasonable Search and Seizures: are the right to be secure in their persons, houses, papers and effects as stated in the Fourth Amendment. Katz v. United States, 389 U.S. 347 1967 Fourth Amendment protects people not places. Katz had an expectation of privacy in his phone call. The listening device constituted unreasonable search because the FBI failed to obtain a warrant. Smith v. Maryland, 442 U.S. 735 1979 Supreme Court held that the installation and use of the pen register was not a "search" under the Fourth Amendment. Smith disclosed the dialed numbers to the telephone company and did not have a reasonable expectation of privacy . This left pen registering completely outside of constitutional protection.
4. 4. Klayman v. Obama, 1:13-cv-00851 2013 President Obama through Eric Holder orders NSA program to intercept domestic telephone communications. Judge Roger Vinson orders the Custodian of Records, Verizon, to produce call data on an ongoing daily basis. These actions violate First, Fourth, and Fifth Amendments. NSA contractor Edward Snowden leaks the violations. Federal Judge Richard J. Leon rules phone metadata collection likely constitutes an unreasonable search under the Fourth Amendment. The ruling grants an injunction against the collection of the plaintiffs metadata, stayed pending appeal. Unreasonable Search and Seizures:
5. 5. Warrant Requirement: a written court order allowing law enforcement to search a place or arrest a person. Probable cause exists when known facts lead to infer certain conclusions. The scope requirement keeps officers from searching too broadly or seizing other property. Illinois v. Gates, 462 U.S. 213 (1983), ruled totality of the circumstances test is valid for establishing probable cause from hearsay of informants. Federal Rules of Criminal Procedure 41(c)(1) allows hearsay to prove the truth of the matter to obtain a warrant. A warrant must be issued by a neutral or detached magistrate.
6. 6. Caught-in-the-act: a person of committing a misdemeanor or when there is probable cause. Misdemeanors: petty theft, public intoxication, simple assault, disorderly conduct, trespass, vandalism, reckless driving and possession of certain drugs. Felonies: murder, manslaughter, assault/battery, arson, burglary, tax evasion, fraud and kidnapping. Exigent Circumstances: destruction of evidence, mobility of the suspect, or weapons at the crime scene require immediate action of law enforcement. Hot pursuit: law enforcement in chase of a suspect. Plain-view doctrine: seizure of illegal items in sight of an officer. Exceptions to the Warrant Requirement:
7. 7. Exclusionary Rule: evidence obtained as a result of an illegal search should be excluded at trail. Mapp V. Ohio, 367 U.S. 643 (1961) Fruit of the Poison Tree doctrine: if the source of evidence (tree) collected during an illegal search is tainted, then anything gained (fruit) from it is tainted as well. Arrest: the physical seizure of a person by the government. Terry v. Ohio, 392 U.S. 1 (1968) Stop and Frisk: warranted when there is a reasonably prudent belief that public safety is endangered. Writ of Habeas Corpus: Article I, Section 9 of the Constitutional protection from unwarranted arrest or detention except in times of war or rebellion. Boumediene v. Bush, 128 S. Ct. 2229 (2008) established that prisoners are protected under the Constitution.
8. 8. Interrogation: process of obtaining information from a criminal suspect. Confession: the admission of having committed a crime. Self-incrimination: forcing a person to become a witness against himself. Miranda v. Arizona, 384 U.S. 436 (1966): a suspects statements made in response to interrogation while in police custody will be admissible at trial ONLY if the defendant understood rights against self-incrimination prior of questioning by police. Miranda warning is now part of routine police procedure to ensure suspects are informed of their rights: to remain silent the consequences of waiving said right their right to retain of have counsel appointed Interrogations and Confessions: Exceptions to Miranda Rights: the routine booking question exception the jail house informant exception the public safety exception United States v. Tsarnaev, 1:13-cr-10200 (2013)
9. 9. Right to Counsel: the Sixth Amendment provides all criminal defendants have the right to have counsel present at all stages of trial. Sixth Amendment Rights: a jury trial of his peers a speedy trial a trial in the area where the crime occurred a subpoena witnesses for trial Arraignment: a hearing in open court where charges are read and the defendant is asked to plead. Plea: the criminal defendants response to the charge against him. Powell v. Alabama, 287 U.S. 45 (1932): indigent defendants in capital cases have the right to counsel appointed to represent them. Betts v. Brady, 315 U.S. 455 (1942): indigent defendant denied counsel and was convicted on appeal did not have right to counsel unless special circumstances of illiteracy or stupidity Gideon v. Washington, 372 U.S. 335 (1963): overturned Betts v. Brady ruling a defendant who cant afford to hire counsel has a fundamental right under the Fourteenth Amendment to assistance of counsel essential for a fair trial and due process of law Federal Rule of Criminal Procedure 44(a): defendant is entitled to have counsel assigned at every stage of proceedings from initial appearance through appeal, unless he waives such appointment.
10. 10. Pretrial Activities in 12 steps: 1. Discovery and Investigation: process of asking questions and locating evidence by law enforcement agents made aware of criminal activity. 2. Arrest: made with or without a warrant, after enough evidence is collected to establish probable cause. 3. Booking: process after arrest when the police have entered formal charges against a defendant. fingerprinting photographing collecting background information defendant is allowed a phone call 4. Bail: minor defendants may be allowed to pay the court as a condition of pretrial release from police custody. 5. Initial appearance: adult defendants first appear before a judicial officer who will set the bail amount. 6. Criminal complaint: first document filed in court by a prosecutor explaining the facts of the case. Affidavits: accompany a criminal complaint as non-oral statements of facts from witnesses and victims. 7. Preliminary hearing: defendants second appearance before court to establish that probable cause exists. 8. Grand jury: in some jurisdictions an independent assessment on the question of whether probable cause exists.
11. 11. Pretrial Activities in 12 steps continued: 9. Formal charges: brought by a prosecutor upon finding of probable cause. information: accusation against a defendant. indictment: accusation by a grand jury of criminal charge against a defendant that must be proved at trial. 10. Arraignment: charge is read and the defendant enters a plea as stated in Federal Rules of Criminal Procedure, Rule 10. not guilty: will set a trial date guilty: no jury trial waiver of rights plea bargain nolo contendere: I will not contest it the defendant does not deny or admit to the charges cannot be used against him in a later civil suit 11. Formal Discovery: defendants attorney and prosecutor exchange relevant information. Brady v. Maryland, 373 U.S. 83 (1962): prosecution must produce any evidence that proves the innocence of the defendant. Federal Rules of Criminal Procedure 16: compels prosecution to provide a copy of the defendants criminal record to the defense. Federal Rules of Criminal Procedure 17: bill of particulars: prosecutor files details about charges against defendant. 12. Pretrial Motions: Motion to Dismiss Motion for Change of Venue
12. 12. Criminal Procedure Key Amendments: Fourth Amendment - Search and Seizure 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. Fifth Amendment - Rights of Persons No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Sixth Amendment - Rights of Accused in Criminal Prosecutions In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Eighth Amendment - Further Guarantees in Criminal Cases Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
13. 13. Conclusion: Criminal procedures before trial are intended to provide for the just determination of every criminal proceeding. The Federal Rules of Criminal Procedure are in place to govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts. The Fourth, Fifth, Sixth, and Fourteenth Amendments protect the rights of people while government enforces the law. Its crucial for law enforcement to follow well-defined procedures when obtaining evidence to prevent a rights violation. Relevant and admissible evidence is the foundation for a case to be brought to trial.
14. 14. Sources: Hames, Joanne Banker and Ekern, Yvonne. Criminal Procedure before Trial. Introduction to Law. 4th ed. Ed. Anthony, Vernon. Upper Saddle River: Pearson/Prentice Hall, 2010. 370-412. Print. Kentucky Legal Forms. courts.ky.gov. Web. 24 November 2014. Steps in the Federal Criminal Process. justice.gov. Web. 24 November 2014.