Chapter 6 Criminal Law P3 Flashcards
What are the steps of criminal prosecution?
1) Arrest
2) Booking
3) Preliminary Hearing
4) Indictment/Information
5) Arraignment
6) Trial
7) Verdict
8) Appeal
Describe 1st (arrest) stage.
- taken into custody
- miranda rights read
- warrant may be necessary
What major cases for ARREST
Miranda v Arizona - miranda rights (5th), can’t use testimony while in custody without notifying them
US v Leon - exclusionary rule (can’t be used if obtained without warrant), good faith exception
2nd stage of criminal prosecution - booking
- Information about events expressed in written form in an official report
- mugshot
- personal property and clothing taken into possession
- Fingerprinting process
- Full body search
- Checking for warrants
- Health screening
- Eliciting information relevant to incarceration conditions-trying to get information about affiliations with other people/organized crime
- dna sample
3rd stage - Preliminary Hearing
Courts look to see if there is PROBABLE CAUSE that the defendant committed the crime
How is probable cause determined? (preliminary hearing)
- Evidence found in booking
- evidence stripped during search
- Spoken
4th stage - Indictment / Information
Indictment
- only SERIOUS FELONIES
- prosecution presents to GRAND JURY
Information
- formal accusation of a misdemeanor by prosecutors
What is a grand jury & purpose?
16-23 people, NOT OPEN to PUBLIC
- Defendants do NOT have right to appear before a grand jury
- prosecutor speaks, defendant attorney there but don’t speak
Purpose = Eliminate bias, profiling, discrimination
- determine if there’s SUFFICIENT GROUNDS to press charges, GJ determines if there’s probable cause
5th stage - Arraignment
Defendant INFORMED of charges and enter guilty or NOT guilty plea
- bail set (if not already)
- detained if pose threat, US v Salerno
6th - Trial
1) Jury Selection / Voir Dire *
- can challenge & remove jury if bias or for no reason
2) Opening Statements
3) Examinations - direct, cross, redirect (only own witness)
4) Closing Statements
5) Jury Instructions - provide info on law
6) Jury Deliberation
7th - Verdict
Jury gives verdict AND recommendation for sentencing
Sentencing - Judge makes official
8th - Appeal
defendant can appeal verdict if there was a PREJUDICIAL ERROR
- mistakes made by the judge about the law
- incorrect instructions given to the jury
- errors or misconduct by the lawyers or by the jury.
Criminal defenses (9)
1-3) self defense, defense of others, defense of property
4) Insanity
5) Infancy
6) Intoxication
7) Duress
8) Mistake of Fact
9) Entrapment
Reasonable vs deadly force
reasonable = in accordance to potential harm
deadly = likely to cause severe harm or death
Self defense - In NY
- Can use EQUAL force
- Duty to Retreat: must try to escape first
- Castle Doctrine: retreat in PUBLIC
- Stand your ground: don’t have to escape first
Fl v Zimmerman
- anonymous jury
Defense of others
- ## reasonable force
Defense of property
- CANNOT USE deadly force
- if break and enter and have reason to believe in harm, switches to self-defense
Infancy for 15-17
Absolutely Capable
- may be tried as adult or minor depending on previous behavior & severity of charges
Infancy for 8-14
possess “Sufficient Mental Capacity”
- Can understand difference between right and wrong and the consequences
- Evaluate capacity with psychiatrist, must have conversation, assess medical records, talk to parents and teachers
Infancy for under 8
UNABLE to possess “sufficient mental capacity”
- Can’t form criminal intent
- INCAPABLE of truly understanding right and wrong and the consequences
- Usually below age of 10 cant be seized and sent to juvenile facility - depends on state statutes
McNaughton Test (Insanity)
lack of CAPACITY to decipher between right and wrong
- most common
- determine if complete impairment –> spectrum to see if need additional tests
Durham’s Rule (insanity)
Not responsible if act was a product of mental disease
- provided full acquittal until 1954
irresistible impulse test
insane or criminal impulse uncontrollable
- used after mcnaughton
American Law Institute’s Penal Code
presents grounds for being TEMPORARILY INSANE
- syndromes, abuse victims
why does the insanity defense NOT apply to sociopaths and psychopaths?
have criminal intent, know its wrong, understand consequences, have capacity
Involuntary vs Voluntary Intoxication
Voluntary = NEVER defense
Involuntary = unaware of drugs, possible defense, need blood/drug test
Mistake of Fact
when a criminal defendant misunderstood some fact that negates an element of the crime
- NO INTENT to commit a crime
- shot someone because didn’t know gun was loaded
Entrapment
- tricked/coerced by law enforcement to engage in criminal conduct
- drugs
Duress
threatened to commit crime
- Physical: harm body
- mental: shame, reputation
- NOT APPLICABLE to murders
Purpose of anonymous jury
high profile, controversial, potentially dangerous cases
- eliminate bias
