MGMT 3540 1nd Edition Lecture 7 Outline of Last Lecture I. Property Torts (intentional) ContinuedII. NegligenceIII. Defenses to NegligenceIV. Strict LiabilityOutline of Current LectureV. Procedural ProtectionsVI. Stages of Criminal ProceedingCurrent LectureI. Procedural ProtectionsA. Seven Constitutional Protections1. Protection against unreasonable search and seizure (goods or persons).a. Searches and seizures usually require probable cause1) Probable cause: Evidence giving reasonable grounds to believe something is trueb. 4th Amendment rightc. A warrantless search is presumed invalid; exceptions1) Valid consent2) Search incident to (as part of) a valid arrest3) Exogent (emergency) circumstances 2. Right to remain silenta. Fifth amendment right not to be compelled to testify against yourself in a criminal trialb. So zealously protected that even a comment by the prosecutor on a defendant’s failure to testify will typically result in a mistrial3. Protection against double jeopardya. 5th amendment right: a criminal defendant may not be tried twice for the same offenseb. Loopholes: hung jury, constant mistrialsThese 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 counsela. 6th amendment right to have an attorney represent you if you are a criminal defendantb. 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 chargesa. 6th amendment right to be informed of the exact criminal charge against you.b. Importance: preparing a defense6. Right to confront witnesses a. 6th amendment right to have witnesses testify in front of you and to cross examine the witness1) 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 truthfulness1) Deciding if someone would lie to hurt a defendant7. Right to speedy trial by jurya. 6th amendment right to be tried quickly and to have a jury decide guilt or innocenceB. Procedural Protections1. Miranda Rightsa. A suspect must be informed of his constitutional rights before he can validly waive them.b. Applies to any custodial interrogationc. Evidence discovered during illegal questioning, such as confession,will be inadmissible under exclusionary rule2. Exclusionary Rulea. Evidence illegally obtained by police is inadmissible in a criminal trialb. Resulting discoveries are also inadmissible-fruit of the poisonous tree doctrine1) Does not prevent a dishonest officer from lying about consentII. Stages of Criminal ProceedingA. Arrest1. Deprivation of freedom of movement by a police officer2. An arrest is legal if:a. Valid arrest warrant existsb. Officers have probable cause to believe the suspect committed a crimeB. Charges filed by indictment or information1. Indictment – a criminal charge filed by a grand jury2. 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 victimC. Arraignment and plea1. Arraignment – formal reading of charges2. Plea bargaining: an agreement by the defendant to plea guilty in exchange for a lesser charge or a fixed punishmentD. Disclosure1. The process of gathering information prior to trial in a criminal case.E. Trial1. 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 jurya. In a Civil Case: must be preponderance of the evidence, more likely than not.F. Post Trial 1. Appeal – includes right to counsel2. Habeas Corpus – right to challenge basis for