May 4th Notes

Criminal Law
May 4, 2010

NEWS 
Michael Swartz  206-340-0990
-call if the syllabus is not in the email
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Procedural
Criminal law is a bloodsport.

We will begin to address the fundamental building blocks of criminal law and the criminal justice system on this first night.

1.  The jurisdictional divides.  We will address the differences, and the reasons for those differences, between cases heard in federal courts and in state courts.  We will also review the jurisdictional divide within the state systems that distinguish the superior courts from the courts of limited jurisdictions.

2.  How a criminal case begins: We will review the basic methods of investigation and the process of turning investigations into criminal charges.  These methods include grand juries, preliminary hearings and the primary method employed in the State of Washington, direct filing.

3.  The fundamental rights guaranteed to the defendants by the United States and State of Washington Constitutions.  The criminal justice system is predicated on three basic rights that will be reviewed:  The right to counsel (6th Amendment of the United States Constitution; Article 1 Section 22 of the Washington State Constitution); the right to be protected against unreasonable search and seizure (4th Amendment of the United States Constitution; Article 1 Section 7 of the Washington State Constitution) and the right not to testify against oneself (the right to “remain silent”/5th Amendment of the United States Constitution and Article 1).  We will also briefly review the double jeopardy clause of the 5th Amendment.

Students are expected to read the following before the class lecture:

6th Amendment of the United States Constitution;
Article 1 Section 22 of the Washington State Constitution;
4th Amendment of the United States Constitution;
Article 1 Section 7 of the Washington State Constitution
5th Amendment of the United States Constitution.

Misdemeanors
-municipal and district courts
    -municipal is only to make income for a larger cities
    -prosecutors are usually not government employees
        -usually contacted out
    -tend to be more approachable when government employees

Murder is not a federal crime
    -depends on the type of crime and amount of people though
    -terrorist acts would be federal court
    -jeopardy sovereign for the same conduct that is literally double jeaporady

-state and federal are not the same sovereign
-the duality

4th amendments
5th amendments
6th amendments

-criminal case in federal system with unlawful search and seizure and Miranda rights or due process issue
    -the courts look at the 4, 5. 6th amendments
    -federal constitutional law only applies as a floor not as a ceiling
        -you must provide the min. due process and protections from the supreme court
        -the state can provide more protection if they want
        -WA state does

State laws on crime:
Title 9A primary criminal code
-the code shows the common law is still to be applied
-assault 1 = attempted murder 2
    -can recharge with murder if victim dies
    -must die within 3 years and a day in order to
        -otherwise it is not homicide, its a variety of assault
-if there is a blank space in the law, use the common law
    -one year and a day was the common law

title 69 drug code cases
felonies in other places
    -50s, 70s
the codes tend to have criminal law throughout them
    -but the depth is in title 9 a

cities can have their own codes and ordinances
    -cities and counties can have their own codes but can not punish more severely than the state version
    -example dui

Charging decisions
-federal is through a grand jury and presents an indictment
    -broken up into districts
    -trial courts are district courts

-WA
    -charged by district attorney offices
    -probably cause hearing before a magistrate
    -preliminary hearing
    -the prosecutor in this state has all of the power with no oversight
    -can not be arranged without probable cause

-there needs to be a warrant and booking process to get them in the system
    -warrant needs to have probable cause
    -search or arrest in a criminal case needs to be based on probable cause

Knapstad motion
-assume everything the prosecutor says is true from witness statements, evidence

The point of a criminal trial is whether or not the prosecutor has accomplished the burden of proof,  guilt beyond a reasonable doubt. 

SODDI
-some other dude did it
    -common defense
   
-you can get lost if you keep trying to find the truth
-but the idea behind it all is to prove your case regardless of that
-time better spent on prosecutor's case
-everyone has a price too

Police investigate usually without the prosecutions help
    -when its a violent crime scene they will send someone
    -you become part of the investigation
    -better understanding of the case
    -provide onsite legal advice for warrants

Prosecutors choices
file charges
decline charges
send it back to the cops
Special inquiry court
    -single judge empowered as grand jury
    -no power to indite
    -just a tool for prosecutors
        -can get information out of it

Setting up a case for trial
-deconstructioning the prosecutor's case
   
4th Amendment
-article 1 section 7
    -reasonable expectation of privacy
    -bans unreasonable search and seizure
    -did the defendant have a reasonable definition of privacy?
    -if a search is conducted without a warrant it is unconstitutional
        -there are many exceptions

standing
    -no objections to search of sister's home since you have no expectation to privacy in your sister's home
    -evidence can be admitted
    -no reasonable expectation of privacy there

-consent is exception, you can let the police do it
   
Name of the case that created the rule
    -Terry v. Ohio 1968
        -Terry stop: based on reasonable suspicion
        -police see something strange at night in the streets
            -can they stop and detain them with probable cause
        -no probable cause
        -yes you may detain short of probable cause if it is limited and if the police have reasonable suspicion of criminal activity
        -timing is dependent on case by case

Rights of the individual   
    -you can decline to provide id, name, do not lie if you do say something
    -you can decline to cooperate
    -may not use lack of cooperation to establish probable cause

exclusionary rule
    -if seized unnecessary can not be used

exceptions to warrant requirements   
    -vin #, if it is through the windshield they don't
    -consent must be knowing, not product of illegal detention
    -plain view, they are not required to avert their eyes, they can seize it and the perp
    -plain smell doctrine
    -plain feel doctrine
    -search incident to a lawful arrest
    -abandoned property: police can search your garbage, no longer private

exigent circumstances
-immediate threat of harm to an individual
-hot pursuit

inevitable discovery
-evidence is going to be suppressed but it would have been found anyway at some point

people in custody
-zero expectation of privacy

school children
-may not search school lockers without a warrant
-school officials may