Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50April 28, 2014Knock and Announce RulePolice announcing who they are before entering premisesScope of SearchEntitled to look wherever, what they’re looking for, might be“You don’t look for elephants in envelopes”Mostly regarding to size: drugs are small, can basically be anywhere-can look anywhereA safe is large, can only be in large areas, won’t be in drawers, etc.Electronic SurveillanceReasonable expectation of privacySeizure of conversation=search, need warrantConfessionsPros and ConsInvoluntary Confession RuleInvoluntary confessions are not admissible in courtMiranda RuleIf in custodyPolice must give Miranda RightsOr confession is not admissible-Right to remain silent-Anything you say can be used against you-Right to an attorney-If you can’t afford an attorney the court will appoint oneRight to Counsel6th AmendmentHistory:1932: Capital case (where you can be put to death)= Gov’t will pay for attorney1932-50: Special circumstances= Gov’t will pay for attorney1950-63: Every case can have special circumstances1963: Felonies= Gov’t will pay for attorney1972: If case can result in prison= Gov’t will pay for attorneyNow: If jail is possible outcome= Gov’t will pay for attorneyDecriminalized traffic laws- only fine, not jail timeWhen do you have right to counsel: any critical stage of proceedingsWhich counsel do you have a right to: any counsel you wantYou have a right to a competent counsel: not prejudice, etc.Waiver right: can waive your right to an attorney, you must be intelligent and knowingPlea Bargain: About 90% of all cases plea bargain (don’t go to trial)Typical plea bargain-confessing to lower chargeWould be hard to operate without this systemNot always equalApril 30, 2014Speedy and Public Trial Rule- Washington State Ruleo If you are in custody, your trial will be within 60 dayso If you are in out on bail, your trial will be within 90 dayso Case will be dismissed if prosecutors don’t follow- Federal Ruleo Was there an unreasonable delay and prejudice to case?o If both, then case will be dismissedSteps in Criminal Proceeding1. How does a crime come to be known?See and ArrestORReport and arrestORInvestigateSearchSeizureArrestCharge: Citations for minor charges-traffic stops, bar fights Information for more serious charges-typed out details of crime, murder, rape2. PR Appearance/Bail: do you get bail or not?3. Preliminary Appearance: first court appearanceWhen- usually day after arrest, unless arrested on a Friday (then itsMonday)What covered? ChargeRight to counselPlea (are you guilty or not)Set date for trialJury trial or waiverPretrial release-bailDiscovery-defendant gets to review evidence against themPlea BargainingPretrial MotionsTrialIntroductions: who’s all presentVoir Dire- prosecutor and defense get to question jurors to see if they fitExcused for 2 reasons: Peremptory (no reason), Cause (the juror has a bias)Opening StatementsState’s Case- Direct-exam of witnesses by prosecutorCross-exam of witnesses by defenseCan continue over and over with motionsMotion to Dismiss- judge can call the case instead of having jury decide if it’s overwhelmingly obvious (not very common)Defense’s CaseJury Instructions- judge gives them definitions of crimes defendant is being charged withClosing Arguments- lawyers talk to the jurors, try to tell them what they should doDeliberation- jury elects foreman, decision madeVerdict guilty, not guilty or hung jury-can be taken to trial againMay 2, 2014If verdict is guilty----goes to sentencingNo discretion for judgesPoint system“Standard Range Sentencing”Appeal-- Of right: goes to Court of Appeals, allowed one appeal-- Discretionary: can ask for additional appeal after Appeal of RightJury of Peers: nothing stated in Constitution of there being a right to having a jury of your peersEntitled to fair and impartial jury—Constitution50’s: systematic racism for juries, peers were excludedDouble Jeopardy: “shall not twice be put in jeopardy”Cannot be tried twice for the same crime when found not guilty the first time or if case is dismissedBefore this rule came to be, defendants often went bankrupt when tried over and overCivil LawGood to be involved in!-buying house, owning business, using credit cards, contracts, etcSubstance-contracts, real estate, taxesVS.Procedure-how do you get into civil court, what evidence is allowedAttorney involvement in system-bad rep, expensiveFees: hourly charge in Seattle=$200-300 per hour, Dawson charges $500 per hourSome charge contingently: percentage of earnings from won caseIf case is lost they make nothing if charging contingentlyHow do you find a good lawyer? ASK AROUNDAdvice: go early, before things get