1. Come in and get your notebooks out. We have notes today!
Basics of Law
Unit #3
Come in and get your notebooks out. We have notes today!
Basics of Law

2. Parts of the Criminal Justice System
Police
respond to crime scene, gather evidence, and collect witness statements; conduct investigation and are responsible for the arrest and booking of suspects
Courts
the prosecutor makes a decision on whether or not to charge the suspect; if no charges are filed, the suspect must be released; if charges are filed the suspect, now called the defendant, goes through the Pretrial and Trial Stages
Corrections
responsible for carrying out the sentences handed down by the court; also deal with parole, the conditional release of prisoners before they have served their full sentences

3. Pre-Trial Stages Summary Trial ARREST Initial Appearance
Misdemeanor or Violation of Ordnance
Immediate trial without jury.
ARREST
Initial Appearance
Felony
Judge or Grand Jury determines if probable cause exists to proceed.
If probable cause is found, an indictment follows along with a bail hearing.
If no probable cause is determined, suspect is released.

4. Intermediate punishments
After the Indictment
Arraignment
Charges are formally presented. Suspect has the ability to enter a plea of: Guilty or Not Guilty
95% of defendants enter a plea bargain.
Trial
If defendant pleads Not Guilty a Trial date is set.
Bench Trial Jury Trial
Types of Punishments
Fines
Probation
Intermediate punishments
Imprisonment
Death
Sentencing
Punishment of Crime
Things to consider:
8th Amendment:
Statutory provisions:
Presentencing reports
Judge’s own personal characteristics

5. The Supreme Law of The United States of America
Bill of Rights
Amendments 11-27
Articles with Framework for Government

6. “Right of search and seizure”
4th
Was there probable cause for the search?
Was there an invasion of privacy?
Did the law officer have a warrant?
Amendment
*It is very important that evidence is collected lawfully, without an evasion of privacy, or with a search warrant, so it won’t be ruled inadmissible in court.*

7. 4th Amendment …..continued
No Search Warrant
Needed If…
Consent: has EVER been given for the search.
Emergency: someone is in danger or is destroying evidence.
Arrest: Search of person/surroundings.
Plain View: if police there legally.
Reasonable Suspicion: if police believe they will find weapon/drugs on person/car.
4th Amendment …..continued
To Issue a Search Warrant the Judge Must See…
Probable Cause:
proof a crime has occurred; AND
Evidence: proof criminal contraband will probably be found at the location or on the person linked to the crime.

8. “right to a fair and regulated prosecution”
5th
*Capitol Case: Grand jury must decide if there Is enough evidence before the indictment. * Double Jeopardy: It is imperative that all evidence be found before the trial—a citizen cannot be twice for the same crime.
Amendment

9. “right to a fair and regulated prosecution”
5th
*Due Process: Everyone is treated the same in the court system. *”Plead the 5th”: An individual cannot be forced to testify against himself.
Amendment

10. “Right to a speedy, fair, public trial”
6th
*Speedy Trial: --within 72 hours arraignment held, defendant is charged by judge, bail is set, plea is entered. --within days trial if defendant is in jail imperative to find all evidence ASAP. delays help evidence collection, but impairs eyewitness testimony. \
Amendment

11. “Right to a speedy, fair, public trial”
6th
*Witnesses: can be subpoenaed to appear in court, for or against the defendant. Testimony is a form of evidence.
*Council: defendant has the right to an attorney (with or without $) attorney will closely examine evidence collection, handling, and lab analysis for mistakes to use for the defense. \
Amendment

12. “Right to an impartial trial by jury”
7th
* Jury of Peers If the case value is more than $1500, the trial has a jury of one’s peers. --some jurors have difficulty understanding scientific evidence. *Standardized Court Any court system used must be set up by the US government.
Amendment

13. Evidence

14. Forensic Evidence in Court
“Innocent until Proven Guilty” *How is evidence perceived in court? *What are the types of evidence? *How do we determine the significance of evidence? *How important is evidence collection and handling?

15. All Evidence in Court must be Material and Probative
all evidence must relate to the current court case .
Probative:
all evidence must prove something to the court.
Probative Value:
The lower the probability of an event…the higher the probative value.

16. Types of Evidence

17. Types of Evidence in Court:
Direct Evidence:
evidence that establishes a fact.
Eyewitness/victim testimony
Confessions
Physical evidence found ON a person
Indirect Evidence: (circumstantial evidence)
Nearly all physical evidence
Requires that judge/jury makes inferences

18. Types of Physical Evidence in Court:
Individual Evidence: evidence
that can be linked with a unique
source with high probability.
Matching fingerprint minutiae
Matching bullet striations
Matching DNA
Irregular edges of broken
object (glass/paper) that
fit together
Class Evidence: evidence that can
only be associated with a group,
not a single source (more linked class
evidence has higher probative value).

19. Witnessed, written record of all individuals who have had evidence in their possession from the crime scene to the courtroom (who, when, what purpose for transfer)
Chain of Custody:

20. Chain of Custody: The item of evidence itself should be
identified, as well as the location, time, and collector.
The evidence container should be marked for ID: with collector’s initials, location where found, and date.
The chain of custody record is often kept as a form on the container/envelope.
If the evidence is turned over to another for any reason (care/delivery), this transfer must be recorded immediately.

21. Chain of Custody (continued):
Every individual who possesses the evidence must record its’ acquisition/disposition and may be called to testify in court (from crime scene collection, delivery, detective, lab analysis, to courtroom).
Any samples of the evidence taken for testing, or any evidence changes, should be documented
To avoid confusion, the number of individuals involved and the chain of custody, should be kept to a minimum.
Failure to substantiate the chain of custody may
lead to questions on the evidence’s authenticity/integrity in the courtroom.

22. Legality

23. When is an arrest permitted?
Warrant
Crime is committed in the presence of an arresting officer
Probable cause
Statutorily created instances (Ex. Domestic Violence)

24. Contents of Search Warrants:
The Warrant - Arrest
Contents of Search Warrants:
The authority under which the warrant is issued (the name of the state)
The person who is to execute the warrant (generally addressed to any peace officer of the state)
The identity of the person to be arrested
The designation of the offense
The date, time, and place of the occurrence
The name of the victim
A description of the offense and how it occurred

25. A warrant is also needed for searches, however in some cases, a warrantless search is permitted.
No Warrant if….
Search with Consent:
if an officer asks if he can search a person, vehicle, etc. and the person says yes, the search may be conducted
if the person shares the space (i.e. a roommate in an apartment), only the space of the person giving consent can be searched
consent must be voluntary (can’t be obtained through threats or intimidation)
consent can be withdrawn at which point the search must stop

26. Search Incident to Arrest:
No Warrant if….
Search Incident to Arrest:
officers can search people who are being arrested
these searches are to protect police officers and preserve evidence
the area under the immediate control of the person being arrested can be searched to prevent the person from obtaining a weapon or destroying evidence
Search of a Motor Vehicle:
if there is sufficient probable cause to get a warrant, but because a vehicle is movable, the Supreme Court has ruled that the car can be legally searched without a warrant
when an officer makes a lawful arrest of the occupant of an automobile, the passenger compartment can be searched (the trunk cannot)

27. Exigent Circumstances:
No Warrant if….
Exigent Circumstances:
recognizes a warrantless entry by law enforcement officials when there is a compelling need for official action or there is no time to get a warrant (ex: danger of flight, loss or destruction of evidence, risk of harm to the public or police, and mobility of a vehicle)
Plain View
If an investigator/officer is lawfully in a place and sees contraband or evidence in plain view, the investigator may seize the evidence and it will be admissible.

28. Responsibilities of the Forensic Scientist
Ethics of a
Forensic Scientist:
Duties of a
Forensic Scientist:
Identify and collect all evidence from the crime scene
Preserve and handle evidence correctly
Analyze, evaluate, compare this evidence.
Document and write these findings into a technical report.
Communicate results to law enforcement
Testify in court as expert witness
Provide training to law enforcement in proper collection of evidence.
Examinations are done impartially, independently, objectively, and to completion, without financial gain.
Care should be taken in the treatment of samples.
All results are based solely on the evidence (not on outside influences).
All conclusions should be clear and honest

29. Case Studies Questions to Research for EACH case
Description of what happened (Should be AT LEAST a paragraph) – do not copy past from an online source – yes… I look it up.
Constitutional Issue – Which amendment(s) or laws were brought into question.
Court Decision – what happened? Impact to law?
Weeks vs. United States
Mapp v. Ohio
Terry v. Ohio
Frye vs. US
Daughbert vs. Merrill Dow

30. Miranda Vs. Arizona Background:
In 1963 Ernesto Miranda was arrested at his home in Phoenix, Arizona, and accused of kidnapping and rape of a young woman. Upon his arrest he was questioned for about 2 hours by police officers and later signed a confession. Part of his confession read “I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.” He was tried and convicted and sentenced to years in prison.

31. The problem
Miranda was never informed about his 5th amendment rights. When being interrogated, he could have had an attorney present and did not have to be a witness against himself. With this case, the Supreme Court realized that clarification was needed to protect the people.
The Decision
In 1966 the Supreme Court decided to overturn Miranda’s conviction. The court held that no suspect statement could be taken unless procedural safeguards are in place to protect both sides.
The Impact
The Miranda ruling has led to the practice now followed routinely by arresting police officers and other law enforcement officials during which they read a suspect his or her Miranda rights.