MGMT 3540 1nd Edition Lecture 7 Outline of Last Lecture I II III IV Property Torts intentional Continued Negligence Defenses to Negligence Strict Liability Outline of Current Lecture V VI Procedural Protections Stages of Criminal Proceeding Current Lecture I Procedural Protections A Seven Constitutional Protections 1 Protection against unreasonable search and seizure goods or persons a Searches and seizures usually require probable cause 1 Probable cause Evidence giving reasonable grounds to believe something is true b 4th Amendment right c A warrantless search is presumed invalid exceptions 1 Valid consent 2 Search incident to as part of a valid arrest 3 Exogent emergency circumstances 2 Right to remain silent a Fifth amendment right not to be compelled to testify against yourself in a criminal trial b So zealously protected that even a comment by the prosecutor on a defendant s failure to testify will typically result in a mistrial 3 Protection against double jeopardy a 5th amendment right a criminal defendant may not be tried twice for the same offense b Loopholes hung jury constant mistrials These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute 1 Brothers murdered parents prosecutors declare a hung jury to gather more exclusive evidence and convict the guilty Rodney King officers were declared innocent in state courts were then tried and found guilty in federal court for violation of Rodney King s constitutional rights 4 Right to counsel a 6th amendment right to have an attorney represent you if you are a criminal defendant b Begins with arrest and continues through the appeal c Now includes the right to have the government pay for an attorney if the defendant cannot afford one 5 Right to notice of charges a 6th amendment right to be informed of the exact criminal charge against you b Importance preparing a defense 6 Right to confront witnesses a 6th amendment right to have witnesses testify in front of you and to cross examine the witness 1 Exception in case of child abuse to protect children or in cases of rape the victim s past sexual history is irrelevant b Importance assessing bias and verifying truthfulness 1 Deciding if someone would lie to hurt a defendant 7 Right to speedy trial by jury a 6th amendment right to be tried quickly and to have a jury decide guilt or innocence B Procedural Protections 1 Miranda Rights a A suspect must be informed of his constitutional rights before he can validly waive them b Applies to any custodial interrogation c Evidence discovered during illegal questioning such as confession will be inadmissible under exclusionary rule 2 Exclusionary Rule a Evidence illegally obtained by police is inadmissible in a criminal trial b Resulting discoveries are also inadmissible fruit of the poisonous tree doctrine 1 Does not prevent a dishonest officer from lying about consent II Stages of Criminal Proceeding A Arrest B C D E F 1 Deprivation of freedom of movement by a police officer 2 An arrest is legal if a Valid arrest warrant exists b Officers have probable cause to believe the suspect committed a crime Charges filed by indictment or information 1 Indictment a criminal charge filed by a grand jury 2 Information a criminal charge filed by a prosecutor a Felony information requires confirmation by a judge after a preliminary hearing seeing what evidence they have 3 Prosecutorial Discretion the prosecutor decides when to press charges not the victim Arraignment and plea 1 Arraignment formal reading of charges 2 Plea bargaining an agreement by the defendant to plea guilty in exchange for a lesser charge or a fixed punishment Disclosure 1 The process of gathering information prior to trial in a criminal case Trial 1 Many of the constitutional rights of the defendant are focused here e g double jeopardy right to counsel right to confront witnesses 2 Also the defendant must be proven guilty beyond a reasonable doubt and must be unanimously found guilty by the jury a In a Civil Case must be preponderance of the evidence more likely than not Post Trial 1 Appeal includes right to counsel 2 Habeas Corpus right to challenge basis for incarceration