Trial by ordeal barbaric form of punishment Trial by compurgation people get together and pick a side prosecution or CCJS234 Lecture 2 6 History of Criminal Law defense Jury dictates who is right Led to principle of due process Due process fairness Grand jury originated from village elders Common Law Man made law passed down Collection of past judicial decisions Magna Carta 1214 have specific warrants Constitution If the king is to take property the individual is granted due process General warrants English cops filled them out on the spot to search now we Article 1 Congress Article 2 President Article 3 Supreme Court Article 4 Article 5 Article 6 Supremacy Clause Law of the Land whatever SCOTUS says goes Bill of Rights 27 amendments Criminal law focuses on 4 5 6 and 8 1st freedom of speech religion press assembly 2nd right to bear arms 3rd quartering of soldiers Amendments 4th protection against unreasonable search and seizures Need probable cause Supported by oath or affirmation Needs to describe when and where 5th protection against self incrimination double jeopardy Grand jury process indictment o Must be approved to go to trial o Federal courts only 6th speedy and public trial impartial jury Right to have trial in venue of crime 8th excessive bail Cruel and unusual punishment Federal Court System felonies more than one year Magistrate Court federal misdemeanors district courts felony trials circuit court of appeals 11 12 Supreme Court State Court System misdemeanor less than one year Lowest court on state is the same as federal side Limited jurisdiction depending on size of case Very Busy Many state courts in counties of states District court trial court gets help from juvenile court landlord tenant marriage court etc 3 to 5 depending on state Court of Appeals state doesn t have circuits only 2 not called court of appeals no trial just go over fact with judges Supreme Court in MD not called Supreme Court it is the Maryland Court of Special Appeals Court of Appeals did the judge make the mistake or did the court Each side makes a brief of files If they decide there is a mistake send back to trial court for new trial reverse and remand Or Affirm Have 14 days to appeal from district court to court of appeals Habeas Corpus a written request to have your trial transfer from the state courts to the federal courts Criminal Procedures Every case starts with an investigation Terrorism espionage big frauds big drugs and some environmental causes 100 000 loss is a minimum for federal cases are all to be prosecuted federally Suspicious Activity Reports SARS ex guy comes in with a painters outfit and gave 25 000 in cash every week suspicious Victim reported embezzlement start an investigation Investigation Techniques Confidential Informant convict leaking information to the police Undercover Informant police officer acting like a villain Electronic Surveillance wiretaps Witness confrontations Documents and other written materials bank statements car bills etc get Surveillance these from subpoena under the Grand Jury a subpoena is issued Forensics Physical Evidence Handwriting expert Search Warrant Law Enforcement Agencies FBI has most authority for Title 18 crimes general authority mostly focus on corruption has authority over all banks in the US that is FDIC insured U S Secret Service has authority for counterfeiting fraud especially overseas fraud DEA big drug crimes Alcohol Tobacco Firearms and Explosives mostly explosive and firearms cases in prohibition cases ATFE handled it Interstate commerce goes across state lines NCIS naval related crimes DCIS NSA and CIA have no law enforcement authority cannot arrest anyone just aid with investigations Grand Jury Trial jury is the Petet jury Has 2 significant and essential duties Assist in the investigation of a case it is under their authority that subpoena s issued o General Subpoena written command to a location usually a business to turn over written materials Duces Tecum for documents Ad testificandum you are required to testify command to show up to court and testify Charging authority the responsible group for returning and indictment Consists of 16 23 people Quorum of 16 qualified people to consider the During 1 day when the Grand Jury is seated they will consider evidence of a evidence that is presented case in secret Witnesses testifying and answering questions Grand jurors prosecutor court reporter and witness the only people that are in the room at this time non adversarial process Selected just like a trial jury Special Grand Jury longer amount of time being a grand juror 24 months Regular Grand Jury short time of being a grand juror 18 months Grand jury meets once a week In a trial you cannot use hearse but in the Grand Jury you can Someone testifies about something someone told them ex he told me that he shot the man summarizing the case Just the Grand Jury is allowed to hear and consider hearse Summary Witness summarize the testimony and investigation to testify for all witnesses Witness Selection to confront Grand Jury The sick and infirmed preserve their testimony The ones that will help the bad guy call in right away if you wait long they will come up with a story If witness ends up lying in Grand Jury or changes their story later can go to jail for purgary Charging by Indictment Decide based on evidence you present them whether the person committed one or more crimes and give them an indictment Indictment consists of counts charges Speaking indictment gives a lot of information usually longer Grand Jury votes based on probable cause 12 must vote for the indictment in order for it to be approved Criminal Procedures on page 51 and 52 Hierarchy of Proof 0 to 100 1 Reasonable Articulable Suspicion the basis for a stop and frisk 2 Probable Cause likelihood but less than 50 3 Middle Line Equipoise Just as likely that he s guilty and innocent 50 50 4 Right above 50 Preponderance of the Evidence a person wins if they are even a little more than the other don t go to jail but win money 5 Clear and convincing evidence no number 6 Beyond Reasonable Doubt not 100 no number associated with it so have to come as close as possible to certainty to make it seem there is not doubt