CRM JST 275 1st Edition Lecture 21 I. Formal Charging Routesa. Depends on state/federal and level of crimeb. Formal Charging Document given to judge or grand juryc. 3 main routes:i. Criminal Complaint (misdemeanors)ii. Information (felonies, some misdemeanors)1. Typically follows with preliminary hearingiii. Indictment (felonies, some misdemeanors)1. Typically follows with grand jury hearingII. Information and Preliminary Hearinga. States facts of case, name of defendant, date/timeb. In felony cases, substitute for grand jury c. Preliminary Hearing:i. Held within short period of arrestii. Open court, adversarialiii. Defendant present (and can have an attorney)iv. Judge determines Probable Causev. Can waive right to hearing (Probable Cause found)III. Indictmenta. Federal cases and in some jurisdictionsi. Required in 24 states for feloniesb. Grand Juryi. Group (usually 23) of jurors, held in closed courtii. Non-adversarial (defendant not present)iii. Prosecutor presents evidence and jury votes (2/3)1. True bill = Probable Cause (Indicted)These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.2. No bill = No Probable Cause (Dismissed)-watched “Preliminary Hearing in Necrophile Case” on YouTubeIV. Arraignment: Felony Casesa. Formally inform defendant of chargesb. Enter pleai. Possible pleas1. Not guilty2. Guilty (allocution)3. Nolo Contendere (aka No Contest)a. Does not contest charge (no allocution)4. Alford Plea (not accepted in all states)a. Pleads guilty, no allocutionc. N.G.  bound over for trialV. Pretrial Motions and Hearingsa. Set the boundaries of the caseb. May be filed by prosecution or defensei. Written document: grounds for, relief requestedc. Types of motions filedi. Motion for Dismissal of Chargesii. Motion for a Change of Venueiii. Motion for a Severance of Defendantsiv. Motion for a Determination of Competencyv. Motion for Discoveryvi. Motion to Suppress EvidenceVI. Discovery (Motion)a. Process of each side learning the other’s case through motionsb. Federal Rules (12, 16, and 20)i. Prosecutor discloses tangible evidence, prior record, results from tests, witness list, expert summary1. E.g. recordings, photos of crime scene, lab resultsii. States vary on what is required1. Usually tangible evidence, prior record, confession2. Witness testimony less often requiredc. Exchange Evidence in some jurisdictionsi. Defense must disclose defenses: alibi, insanityii. Defense must disclose qualifications, conclusions expert witnessiii. All else: motion by prosecutord. Brady Rule (Brady v. Maryland, 1963)i. Prosecutor must disclose exculpatory evidence1. To not do so = violation of Due Processe. Impeachment Discoveryi. Jencks v US (1957) – prior inconsistent statements by witnessii. Giglio v. us (1970) – all impeachment evidence (including prior record, immunity offers)iii. US v. Bagley (1985) *know for exam* - Brady Rule includes impeachment evidenceVII. The Exclusionary Rulea. Motions to Suppress Evidencei. Inadmissible d/t illegally obtained, hearsay, etc.b. Exclusionary Rule:i. Purpose: deter police misconduct, legitimacy of judgesii. 4th Amendment violation of searches and seizures without a warrant = inadmissible at trial1. Silvery Platter Doctrine: illegally seized by state, handed to fed (later invalidated)2. Key Case: Mapp v. Ohio (1961) – incorporationc. Fruit of Poisonous Tree: further limits what’s admissible anything d/t illegal s/s = inadmissible)Weeks v. US (1914)  Wolf v. Colorado (1949)  Mapp v. Ohio (1961)VIII. Exclusionary Rule Exceptionsa. When warrant is bad, or evidence illegally obtainedb. Good Faithi. Based on “good faith” operation of dutyii. Warrant/law not valid, police unawarec. Inevitable Discoveryi. Could have been obtained legally from independent sourced. Independent Sourcei. If also could have obtained from a legal sourcee. Standingi. Who’s property searched/seized (if not defendant, no legal standing to suppress)IX. Defendant Confessionsa. No physical or sever psychological coercioni. Notice grey area: length detention, tacticsb. Miranda Warningi. Only custodial interrogationsii. Exceptions:1. Non-testimonial evidence (e.g. blood sample, fingerprints, lineups)2. Waiving right to Miranda and attorneyX. (Some) Exceptions to Search Warrantsa. When probable cause is not needed to search:i. Consent: need not know that you can refuseii. Open fields and border stops: any open area, no reasonable expectation privacyiii. Plain view: see/smell, not require excessive searching to seeiv. School/workspace: employers/administrators no warrant neededv. Abandoned property (garbage)vi. 3rd part disclosure (bank, phone records)*underlined ones we should know for