Law and Society Final Notes 1 Cheyenne Way book pg 154 157 When walking rabbit raised a problem the Tribal Ostracism and reinstatement of Sticks Everything Under his Belt SEUB o SEUB was ostracized from the tribe because he hunted by himself o When the tribal camp moved so did he but he was left alone Finally he took a horse to the hilltop so he could mourn o His sister s husband was a chief He reasoned with the other chiefs to give SEUB a second chance The chiefs agreed under the condition that there was a sun dance performed upon his return o In this story the brother in law served as the lawyer the various chiefs as the judge jury Brawl come home o The sun dance as the restitution and hunting alone was the crime with the punishment being ostracism Cries Yia Eya banished for the murder of Chief Eagle o Cries Yia Eya was banished from his tribe for killing Chief Eagle in a Whiskey o Eya sent a messenger into the tribe with a horse full of tobacco and begged to o The chiefs divided up the tobacco and called in the soldier chiefs to make a decision as to whether or not Eya could return to the tribe o T he soldiers decided he could return and asked Chief Eagles father his opinion on Eya s homecoming o Chief Eagle s father gave his consent as long as certain conditions were met Eya was to never raise his voice at another person o Before the ostracism Eya was an unpleasant tribal member but after he was allowed to rejoin he was always good to the people When Walking Rabbit Raised a Problem Law and Society Final Notes 2 o Walking Rabbit was a warrior who was to meet up with his fellow soldiers a day late after asking permission to stay a day behind in order to pack a horse to carry his moccasins and possibilities o Rabbit s sweetheart had recently been married to another man and was highly unhappy so rabbit took her with him to join the war party o When they met up with the party the leader ordered him to return home and make a settlement with the woman s husband He was allowed to catch up to the war party after if he chose Other soldiers promised him horses and gave him bows to give the husband o When he returned home he realized his father had already settled it with the husband He was also not happy with the union and was willing to let his bride go o When the war party returned home they gave the horses and bows to the bride s family as a wedding gift parties benefit o This was settled much like a modern day out of court settlement where bother o side note from book the Cheyenne s have a phrase for the single man who marries a one time married woman putting on the old moccasin which ties in why he told the chief that he was staying behind to bring his moccasin Criminal Law 4th amendment Crime and the charging process o A law requires or prohibits something from happening owning doing ect If there is no rule or law then it cannot be broken Therefore obviously laws are the fundamental ingredient in our criminal law system o The state gets involved to resolve the law that was broken This is done by charging a person with a crime or issuing a citation In a criminal case the defense counsel is who is representing the accused and the state serves as the prosecution not the victim Something important to keep in mind Law and Society Final Notes 3 In a civil case the victim is the plaintiff and the perpetrator is the o The prosecution needs to have the elements of the crime committed The defendant also wants to know the elements to help build their defense defendant case For example if the prosecution is charging a person with battery of a police officer they need to prove that a battery occurred and that the victim was a police officer Persons involved in a criminal case police prosecutor defendant defendant s counsel and the jury In a jury trial the judge serves as the referee In a trial without a jury the judge determines guilt as a jury would Flow for building a case drawn on board o 1 Evidence needs to be obtained by a warrant or exception Exceptions are Reasonable suspicion Plain view Probable cause Officer sees crime committed Exigent circumstances Hot pursuit Investigating a warrant for something else and sees other evidence o 2 The evidence needs to be presented to the prosecution to decide whether or not to charge a person If the defense chooses to charge then o 3 The charge needs to be solidified by evidence Between 3 and 4 preliminary motions can be filed by the prosecution and defense that have to deal with the exclusion of evidence Law and Society Final Notes 4 Motion to suppress defense wants evidence out and prosecution wants it in this is arbitrated by the judge o All of the motion to suppress cases go back to whether the warrant or exception was valid o If evidence is thrown out prosecution can throw out case find new evidence or use other evidence that they already had and have not been thrown out Grand Jury Indictment o 4 Trial and then o 5 The jury Judge determines guilt or innocence after considering the evidence o 6 The person is found guilty or not guilty Expectation of Privacy State of Fl vs Deon Edward o Great example of expectation of privacy which was not in the book o Police officers went to the house of Deon Edwards to investigate a crime o The officers were unsure of whether or not anyone was living in the house they had on file for Edward so they decided to look in the trashcan which was placed beside the house to see if anyone had used it recently o Upon opening the can the officers saw bloody items that seemed consist with the victim in a recent murder case o The officers waited until the can was placed at the curb and they then seized the evidence they had previously found inside of the can o It is perfectly legal for police to look through a trash can which is placed on the curb because the person who owned what is in the trashcan is forfeiting the rights of ownership to whatever they are throwing away by putting it in the public domain Law and Society Final Notes 5 o Because the police first saw the evidence when the can was placed beside the house however the court ruled it an illegal search It is still the property of the owner until placed at the curb and they did not have a warrant to search the can o If the state could have proved that they would have looked in the can without the knowledge of the illegal search they …