CCJS234 Study Guide History of Criminal Law Trial by Ordeal Barbaric form of punishment Trial by compurgation people get together and pick a side prosecution or defense Led to principle of due process fairness Jury dictates who is right Common Law Man Made law passed down collection of past judicial decisions Magna Carta 1214 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 have specific warrants Constitution 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 First 10 amendments 27 total Criminal law focuses on 4 5 6 8 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 Magistrate Court Federal misdemeanors District Courts Felony Trials Circuit Court of Appeals 11 12 Did the judge make the mistake or did the court Each sides 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 Supreme Court State Court System District Court trial court depending on state Court of Appeals Supreme Court Gets help from juvenile court landlord tenant marriage court etc 3 to 5 State doesn t have circuits only 2 not called court of appeals no trial just go over fact with judges In MD called the Maryland Court of Special Appeals Habeus 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 are 100 000 loss is a minimum for federal cases 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 Investigation Techniques Confidential Informant convict leaking information to the police Undercover Informant police officer acting like a villain Electronic Surveillance wiretaps Surveillance Witness confrontations Documents and other written materials bank statements car bills etc Get these from subpoena under the Grand Jury Physical Evidence Forensics Handwriting Experts Search Warrant Law Enforcement Agencies FBI FDIC insured U S Secret Service DEA Has most authority for Title 18 crimes general authority Mostly focus on corruption has authority over all banks in the US that is Has authority for counterfeiting fraud especially overseas fraud 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 office of defense inspector general NSA AND CIA HAVE NO LAW ENFORCEMENT AUTHORITY Cannot arrest anyone just aid with investigations Grand Jury Trial jury is the petite jury Has 2 significant and essential duties 1 Assist in the investigation of a case it is under their authority that subpoena s are 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 2 Charging Authority The responsible group for returning an indictment Consists of 16 23 people Quorum of 16 qualified people required to consider During 1 day when the Grand Jury is seated they will consider evidence of a case the evidence that is presented in secret Witnesses testify and answer questions grand jurors prosecutor court reporter and witness the only people that are in the room at this time non adversarial Selected just like a trial jury Meets once a week Regular Grand Jury Short time of being a grand juror 18 months Special Grand Jury longer amount of time being a grand juror 24 months In Grand Jury you can use hearse you cannot in a trial Someone testifies about something someone told them ex he told me that he shot the man summarize 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 Decide based on evidence you present them whether the person committed one or more crimes and give them an indictment Hierarchy of Proof 0 100 Reasonable Articulable Suspicion the basis for a stop and frisk Probable Cause likelihood but less than 50 Equipoise Middle line Just as likely that he s guilty and innocent 50 Preponderance of Evidence Right above 50 a person wins if they are even a little more than the other but don t necessarily go to jail Clear and convincing evidence no number 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 Indictments crimes A charging document with crimes in it that charges the defendant with those Have 30 days to get an indictment can no longer bring one would have to have a preliminary hearing 21 days if out of jail 14 days if detained General Document doesn t have many facts Broken down into sections COUNTS Each count represents a separate charge Avoid the following o Multiplicitous having many counts when it should only be one Ex search a car and find 3 guns charge them for each separate gun o Duplicitous when a single count charges more than one offense Ex Conduct a traffic stop and find 3 bags write up a probable cause search warrant search the house and find 3 lbs of marijuana all on same day but two separate events so you can not put them together have to be two separate counts Prosecutor s discretion of what gets put into the indictment Defense attorney can challenge an indictment Indicted Ham sandwich Grand jury almost always approves the indictment If you are given No true Bill Grand jury didn t approve the indictment then you can go to another grand jury until someone says yes Grand Jury has to decide if each count has probable cause You need 12 Grand Jury votes in order for it to be approved Under the 5th Amendment someone only goes