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1 Chapter Two Important Aspects of the American Criminal Justice System Important Aspects of the American Criminal Justice System.

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1 1 Chapter Two Important Aspects of the American Criminal Justice System Important Aspects of the American Criminal Justice System

2 2 FEDERALISM IN THE UNITED STATES THE UNITED STATES USES A FORM OF GOVERNMENT CALLED FEDERALISM, WHICH WAS CREATED AT THE 1787 CONSTITUTIONAL CONVENTION IN PHILADELPHIA THE UNITED STATES USES A FORM OF GOVERNMENT CALLED FEDERALISM, WHICH WAS CREATED AT THE 1787 CONSTITUTIONAL CONVENTION IN PHILADELPHIA What this means is that the Central Government has the power and authority to handle national problems and the STATES have the power to regulate local needs. What this means is that the Central Government has the power and authority to handle national problems and the STATES have the power to regulate local needs.

3 3 FEDERALISM IN THE UNITED STATES (Cont.) FEDERALISM ALLOWS FOR DIVERSTIY AND FLEXABILITY AT STATE AND LOCAL LEVELS OF GOVERNMENT FEDERALISM ALLOWS FOR DIVERSTIY AND FLEXABILITY AT STATE AND LOCAL LEVELS OF GOVERNMENT UNDER AMERICAN FEDERALISM, STATES ARE RESPONSIBLE FOR PUBLIC SAFETY AND CAN ENACT LAWS THAT THEY BELIEVE ARE MOST EFFECTIVE IN PROVIDING FOR PUBLIC ORDER AND AN EFFICIENT, EFFECTIVE CRIMINAL JUSTICE SYSTEM UNDER AMERICAN FEDERALISM, STATES ARE RESPONSIBLE FOR PUBLIC SAFETY AND CAN ENACT LAWS THAT THEY BELIEVE ARE MOST EFFECTIVE IN PROVIDING FOR PUBLIC ORDER AND AN EFFICIENT, EFFECTIVE CRIMINAL JUSTICE SYSTEM

4 4 FEDERALISM AND THE LAW OF EVIDENCE THE POWERS OF THE U.S. CONGRESS, THE PRESIDENT AND THE U.S. SUPREME COURT ARE LIMITED TO THOSE POWERS GRANTED IN THE CONSTITUTION THE POWERS OF THE U.S. CONGRESS, THE PRESIDENT AND THE U.S. SUPREME COURT ARE LIMITED TO THOSE POWERS GRANTED IN THE CONSTITUTION EACH STATE IS SOVEREIGN, AND THE OFFICIALS OF EACH STATE HAVE THE POWERS GRANTED TO THEM BY THE CONSTITUTION OF THAT STATE EACH STATE IS SOVEREIGN, AND THE OFFICIALS OF EACH STATE HAVE THE POWERS GRANTED TO THEM BY THE CONSTITUTION OF THAT STATE EACH STATE HAS ITS OWN CRIMINAL CODES, AND EACH HAS ENACTED A CODE OF CRIMINAL PROCEDURE AND EVIDENCE EACH STATE HAS ITS OWN CRIMINAL CODES, AND EACH HAS ENACTED A CODE OF CRIMINAL PROCEDURE AND EVIDENCE

5 5 FEDERALISM AND THE LAW OF EVIDENCE (Cont.) THESE CODES AND THE RULINGS OF STATE COURTS MUST CONFORM TO THE REQUIREMENTS OF THE U.S. CONSTITUTION THESE CODES AND THE RULINGS OF STATE COURTS MUST CONFORM TO THE REQUIREMENTS OF THE U.S. CONSTITUTION STATE LAWS AND STATE COURT RULINGS MAY PROVIDE ADDITIONAL RIGHTS TO THE PEOPLE OF THE STATE AND TO CRIMINAL DEFENDANTS WITHIN THE STATE, BEYOND THOSE EXTENDED BY THE CONSTITUTION STATE LAWS AND STATE COURT RULINGS MAY PROVIDE ADDITIONAL RIGHTS TO THE PEOPLE OF THE STATE AND TO CRIMINAL DEFENDANTS WITHIN THE STATE, BEYOND THOSE EXTENDED BY THE CONSTITUTION THE FEDERAL RULES OF EVIDENCE WAS ENACTED IN 1975 BY CONGRESS THE FEDERAL RULES OF EVIDENCE WAS ENACTED IN 1975 BY CONGRESS MOST STATES HAVE ADOPTED RULES OF EVIDENCE ALMOST IDENTICAL TO THE FEDERAL RULES, WITH LOCAL MODIFICATIONS MOST STATES HAVE ADOPTED RULES OF EVIDENCE ALMOST IDENTICAL TO THE FEDERAL RULES, WITH LOCAL MODIFICATIONS

6 6 FEDERALISM AND THE LAW OF EVIDENCE (Cont.) EACH STATE RETAINS THE POWER TO INTERPRET AND MODIFY THOSE RULES OF EVIDENCE EACH STATE RETAINS THE POWER TO INTERPRET AND MODIFY THOSE RULES OF EVIDENCE THE MEANING AND APPLICATION OF THE FEDERAL RULES OF EVIDENCE CAN VARY BETWEEN FEDERAL COURTS AND STATE COURTS AND BETWEEN THE STATES THE MEANING AND APPLICATION OF THE FEDERAL RULES OF EVIDENCE CAN VARY BETWEEN FEDERAL COURTS AND STATE COURTS AND BETWEEN THE STATES THE FEDERAL RULES OF EVIDENCE AND MOST STATE RULES OF EVIDENCE APPLY IN BOTH CIVIL AND CRIMINAL TRIALS THE FEDERAL RULES OF EVIDENCE AND MOST STATE RULES OF EVIDENCE APPLY IN BOTH CIVIL AND CRIMINAL TRIALS SOME RULES OR PARTS OF RULES MAY APPLY DIFFERENTLY IN CRIMINAL CASES SOME RULES OR PARTS OF RULES MAY APPLY DIFFERENTLY IN CRIMINAL CASES

7 7 STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES THE GREAT MAJORITY OF CRIMES COMMITTED IN THE UNITED STATES ARE VIOLATIONS OF STATE CRIMINAL CODES THE GREAT MAJORITY OF CRIMES COMMITTED IN THE UNITED STATES ARE VIOLATIONS OF STATE CRIMINAL CODES SOME CRIMES ARE FEDERAL OFFENSES IN VIOLATION OF THE FEDERAL CRIMINAL CODE SOME CRIMES ARE FEDERAL OFFENSES IN VIOLATION OF THE FEDERAL CRIMINAL CODE A SMALL PERCENTAGE OF CRIMINAL OFFENSES ARE VIOLATIONS OF BOTH THE FEDERAL CRIMINAL CODE AND A STATE CRIMINAL CODE A SMALL PERCENTAGE OF CRIMINAL OFFENSES ARE VIOLATIONS OF BOTH THE FEDERAL CRIMINAL CODE AND A STATE CRIMINAL CODE THE U.S. CONSTITUTION DOES NOT GRANT TO THE FEDERAL GOVERNMENT A GENERAL POLICE POWER, NOR HAS THERE EVER BEEN FEDERAL CRIMINAL COMMON LAW THE U.S. CONSTITUTION DOES NOT GRANT TO THE FEDERAL GOVERNMENT A GENERAL POLICE POWER, NOR HAS THERE EVER BEEN FEDERAL CRIMINAL COMMON LAW

8 8 STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES (Cont.) ALL FEDERAL CRIMES HAVE TO BE STATUTORY CRIMES ENACTED BY CONGRESS ALL FEDERAL CRIMES HAVE TO BE STATUTORY CRIMES ENACTED BY CONGRESS STATES HAVE GENERAL POLICE POWER TO REGULATE IN PROVIDING FOR DOMESTIC TRANQUILITY STATES HAVE GENERAL POLICE POWER TO REGULATE IN PROVIDING FOR DOMESTIC TRANQUILITY COMMON LAW REFERS TO THE RULES DEVELOPED OVER YEARS BY COURTS AND JUDGES COMMON LAW REFERS TO THE RULES DEVELOPED OVER YEARS BY COURTS AND JUDGES CRIMINAL LAWS MAY BE ENACTED BY THE FEDERAL GOVERNMENT IN THE FOLLOWING AREAS: CRIMINAL LAWS MAY BE ENACTED BY THE FEDERAL GOVERNMENT IN THE FOLLOWING AREAS:

9 9 STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES (Cont.) TO PROTECT ITSELF, ITS OFFICIALS AND EMPLOYEES, ITS PROPERTY AND THE ADMINISTRATION OF ITS AUTHORIZED FUNCTIONS TO PROTECT ITSELF, ITS OFFICIALS AND EMPLOYEES, ITS PROPERTY AND THE ADMINISTRATION OF ITS AUTHORIZED FUNCTIONS TO REGULATE INTERSTATE AND FOREIGN COMMERCE TO REGULATE INTERSTATE AND FOREIGN COMMERCE TO PROTECT CIVIL RIGHTS TO PROTECT CIVIL RIGHTS TO ENACT CRIMINAL LAWS FOR PLACES BEYOND THE JURISDICTION OF ANY STATE, SUCH AS THE DISTRICT OF COLUMBIA, FEDERAL TERRITORIES, AND FEDERAL ENCLAVES SUCH AS MILITARY BASES AND NATIONAL PARKS TO ENACT CRIMINAL LAWS FOR PLACES BEYOND THE JURISDICTION OF ANY STATE, SUCH AS THE DISTRICT OF COLUMBIA, FEDERAL TERRITORIES, AND FEDERAL ENCLAVES SUCH AS MILITARY BASES AND NATIONAL PARKS

10 10 LAW ENFORCEMENT IN THE AMERICAN FEDERAL SYSTEM IN THE UNITED STATES, THERE ARE 17,000 LAW ENFORCEMENT AGENCIES IN THE UNITED STATES, THERE ARE 17,000 LAW ENFORCEMENT AGENCIES MOST ARE AT THE LOCAL LEVELS OF GOVERNMENT (CITIES, COUNTIES, TOWNS, ETC.) MOST ARE AT THE LOCAL LEVELS OF GOVERNMENT (CITIES, COUNTIES, TOWNS, ETC.) LOCAL LAW ENFORCEMENT AGENCIES ENFORCE CITY AND COUNTY ORDINANCES IN ADDITION TO THE CRIMINAL LAWS OF THEIR STATE LOCAL LAW ENFORCEMENT AGENCIES ENFORCE CITY AND COUNTY ORDINANCES IN ADDITION TO THE CRIMINAL LAWS OF THEIR STATE STATE RULES OF EVIDENCE ARE USED IN BOTH MUNICIPAL AND STATE COURTS STATE RULES OF EVIDENCE ARE USED IN BOTH MUNICIPAL AND STATE COURTS

11 11 LAW ENFORCEMENT IN THE AMERICAN FEDERAL SYSTEM (Cont.) LAW ENFORCEMENT AGENCIES WORKING AT THE STATE LEVEL OF GOVERNMENT ARE GENERALLY CREATED BY STATE LAW TO ENFORCE STATE CRIMINAL LAWS OR TO ENFORCE HUNTING, FISHING, HEALTH, SANITITATION, FIRE AND OTHER STATE CODES LAW ENFORCEMENT AGENCIES WORKING AT THE STATE LEVEL OF GOVERNMENT ARE GENERALLY CREATED BY STATE LAW TO ENFORCE STATE CRIMINAL LAWS OR TO ENFORCE HUNTING, FISHING, HEALTH, SANITITATION, FIRE AND OTHER STATE CODES

12 12 THE ADVERSARIAL SYSTEM THE FUNCTION OF THE CRIMINAL TRIAL, IN THE AMERICAN COURT SYSTE, IS TO PROVIDE A VENUE (Location) FOR DETERMINING THE FACTS UPON WHICH THE GUILT OR INNOCENCE OF THE ACCUSED IS BASED THE FUNCTION OF THE CRIMINAL TRIAL, IN THE AMERICAN COURT SYSTE, IS TO PROVIDE A VENUE (Location) FOR DETERMINING THE FACTS UPON WHICH THE GUILT OR INNOCENCE OF THE ACCUSED IS BASED THE MAIN ACTORS AT THE TRIAL ARE THE JUDGE, THE JURY, THE PROSECUTOR AND THE DEFENSE ATTORNEY THE MAIN ACTORS AT THE TRIAL ARE THE JUDGE, THE JURY, THE PROSECUTOR AND THE DEFENSE ATTORNEY IN THE AMERICAN ADVERSARY SYSTEM, THE PROSECUTOR AND THE DEFENSE ATTORNEY ASSUME AN ADVERSARIAL ROLE IN THE AMERICAN ADVERSARY SYSTEM, THE PROSECUTOR AND THE DEFENSE ATTORNEY ASSUME AN ADVERSARIAL ROLE

13 13 THE AMERICAN ADVERSARY SYSTEM (Cont.) EACH ADVERSARY (Prosecutor or Defense) HAS TWO GOALS: EACH ADVERSARY (Prosecutor or Defense) HAS TWO GOALS: TO PRESENT THE FACTS MOST ADVANTAGEOUS TO THEIR POSITION TO PRESENT THE FACTS MOST ADVANTAGEOUS TO THEIR POSITION TO PREVENT AND MAKE IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME TO PREVENT AND MAKE IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME THE PROSECUTOR ATTEMPTS TO HAVE THE DEFENDANT FOUND GUILTY BEYOND A REASONABLE DOUBT BY A UNANIMOUS JURY THE PROSECUTOR ATTEMPTS TO HAVE THE DEFENDANT FOUND GUILTY BEYOND A REASONABLE DOUBT BY A UNANIMOUS JURY THE DEFENSE COUNSEL’S DUTY IS TO REPRESENT HIS CLIENT ZEALOUSLY WITHIN THE BOUNDS OF LAW THE DEFENSE COUNSEL’S DUTY IS TO REPRESENT HIS CLIENT ZEALOUSLY WITHIN THE BOUNDS OF LAW THE TRIAL JUDGE AND THE JURY COME TO THE TRIAL UNCOMMITTED and UNBIASED THE TRIAL JUDGE AND THE JURY COME TO THE TRIAL UNCOMMITTED and UNBIASED

14 14 THE AMERICAN ADVERSARY SYSTEM (Cont.) WITNESSES AND EVIDENCE ARE PRESENTED WITHING THE FRAMEWORK OF THE RULES OF EVIDENCE AND THE RULES OF COURT PROCEDURE WITNESSES AND EVIDENCE ARE PRESENTED WITHING THE FRAMEWORK OF THE RULES OF EVIDENCE AND THE RULES OF COURT PROCEDURE WITNESSES ARE CROSS-EXAMINED AND EVIDENCE IS CHALLENGED WITNESSES ARE CROSS-EXAMINED AND EVIDENCE IS CHALLENGED THE TRIAL JUDGE PRESIDES NEUTRALLY AT THE CRIMINALTRIAL AND HAS THE RESPONSIBILITY FOR SAFEGUARDING BOTH THE RIGHTS OF THE ACCUSED AND THE INTERESTS OF THE PUBLIC IN THE ADMINISTRATION OF CRIMINAL JUSTICE THE TRIAL JUDGE PRESIDES NEUTRALLY AT THE CRIMINALTRIAL AND HAS THE RESPONSIBILITY FOR SAFEGUARDING BOTH THE RIGHTS OF THE ACCUSED AND THE INTERESTS OF THE PUBLIC IN THE ADMINISTRATION OF CRIMINAL JUSTICE

15 15 THE AMERICAN ADVERSARY SYSTEM (Cont.) THE DETERMINATION OF TRUTH IS THE FUCTION OF THE JURY THE DETERMINATION OF TRUTH IS THE FUCTION OF THE JURY THE PURPOSE OF THE RULES OF EVIDENCE ARE TO ENSURE THAT EACH ADVERSARY’S VERSION OF THE TRUTH IS PUT BEFORE THE JURY BY RELEVENT, RELIABLE AND COMPETENT EVIDENCE THE PURPOSE OF THE RULES OF EVIDENCE ARE TO ENSURE THAT EACH ADVERSARY’S VERSION OF THE TRUTH IS PUT BEFORE THE JURY BY RELEVENT, RELIABLE AND COMPETENT EVIDENCE

16 16 EACH ADVERSARY SEEKS TO PRESENT THE FACTS THAT ARE MOST ADVANTAGEOUS TO THEIR POSITION WHILE MAKING IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME EACH ADVERSARY SEEKS TO PRESENT THE FACTS THAT ARE MOST ADVANTAGEOUS TO THEIR POSITION WHILE MAKING IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME TO BE ADMISSIBLE IN COURT, EVIDENCE MUST BE: TO BE ADMISSIBLE IN COURT, EVIDENCE MUST BE: RELEVANT, RELIABLE AND COMPETENT RELEVANT, RELIABLE AND COMPETENT

17 17 RELEVANT EVIDENCE RELEVANT EVIDENCE IS DIRECTED OR CIRCUMSTANTIAL EVIDENCE THAT HAS IS OF CONSEQUENCE TO THE DETERMINATION OF THE ACTION MORE PROBATIVE OR LESS PROBATIVE THAN IT WOULD BE WITHOUT THE EVIDENCE RELEVANT EVIDENCE IS DIRECTED OR CIRCUMSTANTIAL EVIDENCE THAT HAS IS OF CONSEQUENCE TO THE DETERMINATION OF THE ACTION MORE PROBATIVE OR LESS PROBATIVE THAN IT WOULD BE WITHOUT THE EVIDENCE RULE 403 OF THE FEDERAL RULES, SOMETIMES REFERRED TO AS THE LEGALLY RELEVANT TEST, ALLOWS FOR RELEVANT EVIDENCE TO BE EXCLUDED IF IT MAY (1) UNFAIRLY PREJUDICE A PARTY, (2) CONFUSE THE JURY OR (3) WASTE THE COURT’S TIME RULE 403 OF THE FEDERAL RULES, SOMETIMES REFERRED TO AS THE LEGALLY RELEVANT TEST, ALLOWS FOR RELEVANT EVIDENCE TO BE EXCLUDED IF IT MAY (1) UNFAIRLY PREJUDICE A PARTY, (2) CONFUSE THE JURY OR (3) WASTE THE COURT’S TIME

18 18 RELIABLE EVIDENCE RELIABLE EVIDENCE IS EVIDENCE THAT POSSESSES A SUFFICIENT DEGREE OF BELIEVABILITY RELIABLE EVIDENCE IS EVIDENCE THAT POSSESSES A SUFFICIENT DEGREE OF BELIEVABILITY UNRELIABLE EVIDENCE IS INADMISSIBLE UNRELIABLE EVIDENCE IS INADMISSIBLE RELIABLE AND ADMISSIBLE EVIDENCE IS NEEDED TO JUSTIFY CHARGING A PERSON WITH A CRIME RELIABLE AND ADMISSIBLE EVIDENCE IS NEEDED TO JUSTIFY CHARGING A PERSON WITH A CRIME EACH STATE HAS AUTHORITY TO COMMENCE A CRIMINAL PROSECUTION IF SUFFICIENT EVIDENCE IS AVAILABLE TO JUSTIFY THE CRIMINAL CHARGE EACH STATE HAS AUTHORITY TO COMMENCE A CRIMINAL PROSECUTION IF SUFFICIENT EVIDENCE IS AVAILABLE TO JUSTIFY THE CRIMINAL CHARGE

19 19 RELIABLE EVIDENCE (Cont.) EACH STATE HAS THE POWER TO DETERMINE WHAT SHALL BE AN OFFENSE AGAINST ITS AUTHORITY AND TO PUNISH SUCH OFFENSES EACH STATE HAS THE POWER TO DETERMINE WHAT SHALL BE AN OFFENSE AGAINST ITS AUTHORITY AND TO PUNISH SUCH OFFENSES EACH STATE HAS ITS OWN CONSTITUTION, COURT SYSTEM AND OTHER GOVERNAMENTAL UNITS EACH STATE HAS ITS OWN CONSTITUTION, COURT SYSTEM AND OTHER GOVERNAMENTAL UNITS STATES HAVE THE PRINCIPAL RESPONSIBILITY OF MAINTAINING PUBLIC ORDER WITHIN THEIR BOUNDARIES STATES HAVE THE PRINCIPAL RESPONSIBILITY OF MAINTAINING PUBLIC ORDER WITHIN THEIR BOUNDARIES

20 20 COMPETENT EVIDENCE COMPETENT EVIDENCE INCLUDES RELEVANT, RELIABLE EVIDENCE THAT IS NOT OTHERWISE RENDERED INADMISSIBLE COMPETENT EVIDENCE INCLUDES RELEVANT, RELIABLE EVIDENCE THAT IS NOT OTHERWISE RENDERED INADMISSIBLE THE RULES OF EVIDENCE ARE DESIGNED AS COMPLEMENTS TO THE ADVERSARY SYSTEM THE RULES OF EVIDENCE ARE DESIGNED AS COMPLEMENTS TO THE ADVERSARY SYSTEM THE RULES OF EVIDENCE LIMITS THE TACTICS IN THE ADVERSARY SYSTEM SO THAT THE JURY WILL SEE AND HEAR ONLY THAT EVIDENCE WHICH PROPERLY SHOULD INFLUENCE ITS DELIBERATIONS THE RULES OF EVIDENCE LIMITS THE TACTICS IN THE ADVERSARY SYSTEM SO THAT THE JURY WILL SEE AND HEAR ONLY THAT EVIDENCE WHICH PROPERLY SHOULD INFLUENCE ITS DELIBERATIONS

21 21 THE AMERICAN ACCUSATORIAL SYSTEM THE UNITED STATES AND MOST OF THE ENGLISH-SPEAKING DEMOCRACIES IN THE WORLD USE THE ACCUSATORIAL SYSTEM IN CRIMINAL INVESTIGATIONS AND IN CRIMINAL TRIALS THE UNITED STATES AND MOST OF THE ENGLISH-SPEAKING DEMOCRACIES IN THE WORLD USE THE ACCUSATORIAL SYSTEM IN CRIMINAL INVESTIGATIONS AND IN CRIMINAL TRIALS UNDER THE ACCUSATORIAL SYSTEM, SUSPECTS AND DEFENDANTS HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT ABOUT MATTERS THAT COULD INCRIMINATE THEM UNDER THE ACCUSATORIAL SYSTEM, SUSPECTS AND DEFENDANTS HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT ABOUT MATTERS THAT COULD INCRIMINATE THEM MOST EUROPEAN COUNTRIES AND OTHER DEMOCRACIES OF THE WORLD USE THE INQUISITORIAL SYSTEM MOST EUROPEAN COUNTRIES AND OTHER DEMOCRACIES OF THE WORLD USE THE INQUISITORIAL SYSTEM

22 22 THE INQUISITION! UNDER THE INQUISITORIAL SYSTEM, DEFENDANTS DO NOT HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT UNDER THE INQUISITORIAL SYSTEM, DEFENDANTS DO NOT HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT CONTRIES USING THE INQUISITORIAL SYSTEM RELY MORE HEAVILY ON THE OBTAINING OF CONFESSIONS IN THE SOLVING OF CRIMES CONTRIES USING THE INQUISITORIAL SYSTEM RELY MORE HEAVILY ON THE OBTAINING OF CONFESSIONS IN THE SOLVING OF CRIMES In the past, as well as in some countries even today, the use of torture was used to induce confessions! In the past, as well as in some countries even today, the use of torture was used to induce confessions!

23 23 DISCLOSING INFORMATION IN THE ADVERSARY SYSTEM WHEN A CRIMINAL CHARGE HAS BEEN MADE, THE PROSECUTION AND THE DEFENSE BEGIN SEPARATE INVESTIGATIONS OF THE FACTS WHEN A CRIMINAL CHARGE HAS BEEN MADE, THE PROSECUTION AND THE DEFENSE BEGIN SEPARATE INVESTIGATIONS OF THE FACTS NEITHER THE PROSECUTION NOR THE DEFENSE IS INCLINED TO SHARE INFORMATION WITH THE OTHER SIDE DUE TO THEIR ADVERSARY POSITIONS NEITHER THE PROSECUTION NOR THE DEFENSE IS INCLINED TO SHARE INFORMATION WITH THE OTHER SIDE DUE TO THEIR ADVERSARY POSITIONS THE U.S. SUPREME COURT HAS PLACED LIMITS ON THIS UNWILLINGNESS TO SHARE INFORMATION THE U.S. SUPREME COURT HAS PLACED LIMITS ON THIS UNWILLINGNESS TO SHARE INFORMATION MANY OF THE RULES COMPELLING DISCLOSURE APPLY TO THE PROSECUTION, BUT SOME COMPEL A DEFENDANT TO DISCLOSE INFORMATION TO THE PROSECUTION – This is referred to as “Discovery” MANY OF THE RULES COMPELLING DISCLOSURE APPLY TO THE PROSECUTION, BUT SOME COMPEL A DEFENDANT TO DISCLOSE INFORMATION TO THE PROSECUTION – This is referred to as “Discovery”

24 24 NOTICE OF ALIBI STATUTES BY USING THE ALIBI DEFENSE, THE DEFENDANT IS ALLEGING THAT HE OR SHE PHYSICALLY COULD NOT HAVE COMMITTED THE CRIME THAT IS CHARGED BECAUSE THE DEFENDANT WAS AT ANOTHER PLACE AT THE TIME THE CRIME WAS COMMITTED BY USING THE ALIBI DEFENSE, THE DEFENDANT IS ALLEGING THAT HE OR SHE PHYSICALLY COULD NOT HAVE COMMITTED THE CRIME THAT IS CHARGED BECAUSE THE DEFENDANT WAS AT ANOTHER PLACE AT THE TIME THE CRIME WAS COMMITTED MOST LIKELY ALL STATES HAVE NOTICE OF ALIBI STATUTES THAT REQUIRE DEFENDANTS WHO PLAN TO USE AN ALIBI DEFENSE TO SERVE NOTICE ON THE PROSECUTOR BEFORE TRIAL MOST LIKELY ALL STATES HAVE NOTICE OF ALIBI STATUTES THAT REQUIRE DEFENDANTS WHO PLAN TO USE AN ALIBI DEFENSE TO SERVE NOTICE ON THE PROSECUTOR BEFORE TRIAL

25 25 NOTICE OF ALIBI STATUTES (Cont.) IN 1973 THE U.S. SUPREME COURT HELD THAT IF A DEFENDANT IS COMPELLED TO DISCLOSE INFORMATION, THE STATE MUST MAKE SIMILAR DISCLOSURES SO THAT THE DISCOVERY IS A “TWO-WAY STREET.” (WARDIUS V. OREGON) IN 1973 THE U.S. SUPREME COURT HELD THAT IF A DEFENDANT IS COMPELLED TO DISCLOSE INFORMATION, THE STATE MUST MAKE SIMILAR DISCLOSURES SO THAT THE DISCOVERY IS A “TWO-WAY STREET.” (WARDIUS V. OREGON) This is referred to also as “reciprocal Discovery” This is referred to also as “reciprocal Discovery”

26 26 EXCULPATORY EVIDENCE IS EVIDENCE THAT TENDS TO SHOW INNOCENCE IS EVIDENCE THAT TENDS TO SHOW INNOCENCE This is THE DUTY TO DISCLOSE EVIDENCE TENDING TO SHOW THE INNOCENCE OF AN ACCUSED This is THE DUTY TO DISCLOSE EVIDENCE TENDING TO SHOW THE INNOCENCE OF AN ACCUSED A PROSECUTOR HAS A DUTY TO DISCLOSE EVIDENCE FAVORABLE TO AN ACCUSED UPON REQUEST, WHERE THE EVIDENCE IS MATERIAL TO GUILT OR INNOCENCE A PROSECUTOR HAS A DUTY TO DISCLOSE EVIDENCE FAVORABLE TO AN ACCUSED UPON REQUEST, WHERE THE EVIDENCE IS MATERIAL TO GUILT OR INNOCENCE LAW ENFORCEMENT OFFICERS ARE PART OF THE PROSECUTION AND ALSO HAVE A DUTY OF DISCLOSURE LAW ENFORCEMENT OFFICERS ARE PART OF THE PROSECUTION AND ALSO HAVE A DUTY OF DISCLOSURE

27 27 THE DUTY TO DISCLOSE EVIDENCE TENDING TO SHOW THE INNOCENCE OF AN ACCUSED (Cont.) ALL STATES HAVE ENACTED STATUTES PROVIDING FOR THE DISCOVERY OF INFORMATION AND EVIDENCE BY DEFENSE LAWYERS ALL STATES HAVE ENACTED STATUTES PROVIDING FOR THE DISCOVERY OF INFORMATION AND EVIDENCE BY DEFENSE LAWYERS THE ACCUSED DOES NOT HAVE A RIGHT TO ALL INFORMATION AVAILABLE TO THE PROSECUTOR BUT DOES HAVE THE RIGHT TO INFORMATION AS PROVIDED BY THE STATUTES OF THE STATE AND TO INFORMATION REQUIRED UNDER THE BRADY RULE THE ACCUSED DOES NOT HAVE A RIGHT TO ALL INFORMATION AVAILABLE TO THE PROSECUTOR BUT DOES HAVE THE RIGHT TO INFORMATION AS PROVIDED BY THE STATUTES OF THE STATE AND TO INFORMATION REQUIRED UNDER THE BRADY RULE

28 28 The BRADY RULE This defines the DUTY of the Prosecution and Police to DISCLOSE… This defines the DUTY of the Prosecution and Police to DISCLOSE… ANY EVIDENCE THAT WOULD TEND TO SHOW THE “INNOCENCE” of an Accused. ANY EVIDENCE THAT WOULD TEND TO SHOW THE “INNOCENCE” of an Accused. This is referred to as… This is referred to as… EXCULPATORY EVIDENCE EXCULPATORY EVIDENCE

29 29 Impact of the Brady Rule Brady v. Maryland Brady v. Maryland United States Supreme Court, 373, U.S. 83 United States Supreme Court, 373, U.S S. Ct (1963) 83 S. Ct (1963) Despite a “discovery” request from the defense, the prosecution withheld a statement by an accomplice admitting the killing of the victim, claiming that the defendant wanted to strangle the victim, and the accomplice wanted to shoot him. Despite a “discovery” request from the defense, the prosecution withheld a statement by an accomplice admitting the killing of the victim, claiming that the defendant wanted to strangle the victim, and the accomplice wanted to shoot him. The real issue was the “suppression” of the statement favorable to the accused upon request that information, violated due process since the evidence was material either to guilt or punishment The real issue was the “suppression” of the statement favorable to the accused upon request that information, violated due process since the evidence was material either to guilt or punishment

30 30 LOST, MISPLACED AND DESTROYED EVIDENCE SOMETIMES EVIDENCE IS LOST, MISPLACED OR ACCIDENTALLY DESTROYED SOMETIMES EVIDENCE IS LOST, MISPLACED OR ACCIDENTALLY DESTROYED For Example: AN ITEM OF CLOTHING OR OTHER POTENTIAL EVIDENCE CAN BE OVERLOOKED IN THE CONCERN TO RENDER MEDICAL ASSISTANCE TO THE VICTIM OR TO APPREHEND THE OFFENDER For Example: AN ITEM OF CLOTHING OR OTHER POTENTIAL EVIDENCE CAN BE OVERLOOKED IN THE CONCERN TO RENDER MEDICAL ASSISTANCE TO THE VICTIM OR TO APPREHEND THE OFFENDER THE U.S. SUPREME COURT ESTABLISHED RULES CONCERNING THE GOVERNMENT’S DUTY TO PRESERVE EVIDENCE THE U.S. SUPREME COURT ESTABLISHED RULES CONCERNING THE GOVERNMENT’S DUTY TO PRESERVE EVIDENCE

31 31 LOST, MISPLACED AND DESTROYED EVIDENCE (Cont.) THE SUPREME COURT HELD THAT A VIOLATION OF DUE PROCESS HAS NOT OCCURRED UNLESS THE FOLLOWING IS SHOWN: THE SUPREME COURT HELD THAT A VIOLATION OF DUE PROCESS HAS NOT OCCURRED UNLESS THE FOLLOWING IS SHOWN: BAD FAITH ON THE PART OF THE POLICE OR OTHER LAW ENFORCEMENT OFFICIAL BAD FAITH ON THE PART OF THE POLICE OR OTHER LAW ENFORCEMENT OFFICIAL THE EVIDENCE ALSO WOULD BE OF LIKELY SIGNIFICANCE TO THE DEFENDANT’S DEFENSE THE EVIDENCE ALSO WOULD BE OF LIKELY SIGNIFICANCE TO THE DEFENDANT’S DEFENSE IF A BRADY VIOLATION OCCURS, THE PENALTY WILL BE MORE SEVERE AND WILL PROBABLY LEAD TO A NEW TRIAL OR TO COMPLETE DISMISSAL OF THE CRIMINAL CHARGES IF A BRADY VIOLATION OCCURS, THE PENALTY WILL BE MORE SEVERE AND WILL PROBABLY LEAD TO A NEW TRIAL OR TO COMPLETE DISMISSAL OF THE CRIMINAL CHARGES

32 32 USE OF FALSE OR PERJURED EVIDENCE THE DELIBERATE USE OF FALSE OR PERJURED EVIDENCE IN AN ATTEMPT TO OBTAIN A CRIMINAL CONVICTION IS A CRIME IN ITSELF THE DELIBERATE USE OF FALSE OR PERJURED EVIDENCE IN AN ATTEMPT TO OBTAIN A CRIMINAL CONVICTION IS A CRIME IN ITSELF THIS CONDUCT COULD ALSO BE THE BASIS FOR A CIVIL LAWSUIT IN WHICH LARGE COMPENSATORY AND PUNITIVE DAMAGES COULD BE AWARDED THIS CONDUCT COULD ALSO BE THE BASIS FOR A CIVIL LAWSUIT IN WHICH LARGE COMPENSATORY AND PUNITIVE DAMAGES COULD BE AWARDED Mooney v Holohan 294 U.S. 103 (1935) Mooney v Holohan 294 U.S. 103 (1935) Miller v Pate 386 U.S. 1 (1967) Miller v Pate 386 U.S. 1 (1967)


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