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FSU POS 3691 - Cheyenne Way

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Cheyenne Way (book pg 154-157)-When walking rabbit raised a problem: the Tribal Ostracism and reinstatement of Sticks Everything Under his Belt (SEUB)oSEUB was ostracized from the tribe because he hunted by himselfoWhen the tribal camp moved, so did he, but he was left alone. Finally, he took a horse to the hilltop so he could mourn oHis 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. oIn this story the brother-in-law served as the lawyer, the various chiefs as the judge/juryoThe 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 EagleoCries Yia Eya was banished from his tribe for killing Chief Eagle in a Whiskey BrawloEya sent a messenger into the tribe with a horse full of tobacco and begged to come homeoThe 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. oT he soldiers decided he could return and asked Chief Eagles father his opinion on Eya’s homecoming. oChief Eagle’s father gave his consent as long as certain conditions were met. Eya was to never raise his voice at another person oBefore 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 ! 1oWalking 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. oRabbit’s sweetheart had recently been married to another man and was highly unhappy, so rabbit took her with him to join the war party. oWhen 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 husbandoWhen 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. oWhen the war party returned home, they gave the horses and bows to the bride’s family as a wedding gift. oThis was settled much like a modern day out-of-court settlement, where bother parties benefit. 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 processoA 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. oThe 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 ! 2In a civil case, the victim is the plaintiff and the perpetrator is the defendant oThe prosecution needs to have the elements of the crime committed The defendant also wants to know the elements to help build their defense 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)o1. Evidence needs to be obtained by a warrant or exception Exceptions are:•Reasonable suspicion•Plain view•Probable cause•Officer sees crime committed•Investigating a warrant for something else and sees other evidence•Exigent circumstances•Hot pursuit o2. The evidence needs to be presented to the prosecution to decide whether or not to charge a person. If the defense chooses to charge theno3. 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 ! 3•Motion to suppress – defense wants evidence out and prosecution wants it in. this is arbitrated by the judgeoAll of the motion to suppress cases go back to whether the warrant or exception was validoIf 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 o4. Trialo5. The jury(Judge) determines guilt or innocence after considering the evidence, and theno6. The person is found guilty or not guilty Expectation of Privacy -State of Fl vs. Deon EdwardoGreat example of expectation of privacy which was not in the bookoPolice officers went to the house of Deon Edwards to investigate a crime. oThe 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.oUpon opening the can, the officers saw bloody items that seemed consist with the victim in a recent murder case. oThe officers waited until the can was placed at the curb, and they then seized the evidence they had previously found inside of the can. oIt 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 ! 4oBecause 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. oIf the state could have proved that they would have looked in the can without the knowledge of the illegal search, they could have admitted it into


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