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PRL 101 slides, Sept. 29

1247d0fbb1983f2e8070809bb7acd6ef?s=47 Ted Major
September 29, 2015

PRL 101 slides, Sept. 29



Ted Major

September 29, 2015

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  1. Criminal procedure cc licensed ( BY ) flickr photo by

    Brad Reynolds: http://flic.kr/p/wUBS
  2. complaint assignment Exceptions to everything I'll tell you: • Court

    says otherwise • Employer says otherwise • Teacher says otherwise
  3. complaint assignment "Comes now the Plaintiff, Arthur Fellig, by and

    through his attorney of record and complains and alleges against the Defendant as follows:" "Plaintiff adopts and re-alleges each and every allegation contained in paragraphs x–xx above as if set out anew herein." Real v. personal property
  4. typography arrangement of text to make written language legible, readable,

    and appealing • Summary of Key Rules • Maxims of Page Layout • practicaltypography.com
  5. complaint assignment Styles: • define formatting attributes • change formatting

    uniformly • inherit formatting • Paragraph • Character
  6. styles • Create styles • Save as template on USB

    drive • Import to Complaint draft • Apply
  7. body text elements 1. point size 2. line spacing 3.

    line length 4. font choice • foreground elements • background elements
  8. fonts Avoid Times New Roman, Arial, Courier unless specifically required

    • Bell MT • Book Antiqua • Californian FB • Calisto MT • Century Schoolbook • Garamond • Gill Sans MT • Goudy Old Style
  9. styles needed • heading • caption • title • body

    text • allegations • signature block Addresses & signatures: • Hard line break [shift-enter]
  10. In-class assignment creative commons licensed (BY-NC-SA) flickr photo by JeremyOK:

  11. Arrest • Warrant • Probable cause

  12. Preliminary hearing • State must show probable cause • Standard:

    reasonable suspicion • NOT beyond a reasonable doubt • Not question of innocence/guilt • Opportunity for defense to discover evidence
  13. Indictment • Criminal complaint • Official charges • "Against peace

    and dignity of the State of Alabama"
  14. Arraignment • Notice of charges • Plea • Guilty •

    Not guilty • No nolo contendere in Alabama
  15. Plea bargain • Plead guilty to avoid trial • Nationwide,

    90% of cases
  16. Criminal discovery • Exculpatory evidence only • Brady v. Maryland,

    373 U. S. 83 (1963) • Connick v. Thompson, 563 US 2011 (2011)? • SCOTUS overturned $14M verdict for suppressed evidence & wrongful conviction.
  17. Voir dire • Jury selection • "Struck jury" • Strikes

    • For cause • Peremptory
  18. None
  19. None
  20. Batson motion • Prosecutor may not strike jurors solely because

    of race • Violation of 14th Amendment Equal Protection • Also applies to sex and sexual orientation • Must raise issue before jury is seated
  21. Fourth amendment • "Secure in their persons, houses, papers, and

    effects, against unreasonable searches and seizures" • "No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." • No general warrants
  22. Warrantless searches • Officer safety, Terry v. Ohio 392 U.S.

    1 (1968) • incident to arrest • plain view • "Exigent circumstances" • Kentucky v. King, 131 S. Ct. 1849, 1857 (2011)?
  23. Fifth Amendment • nor shall any person be subject for

    the same offense to be twice put in jeopardy of life or limb; • nor shall be compelled in any criminal case to be a witness against himself, • nor be deprived of life, liberty, or property, without due process of law
  24. Sixth Amendment • right to a speedy and public trial

    • an impartial jury of the state and district wherein the crime shall have been committed • to be confronted with the witnesses against him • to have the assistance of counsel for his defense.
  25. Miranda warning You have the right to remain silent, and

    anything you say can and will be used against you in court; you have the right to have an attorney present during questioning, and if you cannot afford an attorney, one will be provided at no cost to represent you.
  26. Exclusionary rule • "Fruit of the poisoned tree" Silverthorne Lumber

    Co. v. United States, 251 U.S. 385 (1920) • Unless • Independent source • "Inevitable discovery" • Causation too "attenuated" • Good-faith • Harmless error • Prosecution needs it
  27. Attorney-client privilege • Fifth amendment

  28. Spousal privilege "The husband and wife may testify either for

    or against each other in criminal cases, but shall not be compelled so to do." Ala. Code §12-21-227
  29. Clergy privilege If any person shall communicate with a clergyman

    in his professional capacity and in a confidential manner … either such person or the clergyman shall have the privilege, in any legal or quasi-legal proceeding, to refuse to disclose and to prevent the other from disclosing anything said by either party during such communication. Ala. Code §12-21-166
  30. Other privileges • Psychiatrist-patient (not in Ala.) • Doctor-patient (not

    in Ala.) • Parent-child (not in Ala.)
  31. Admissible evidence • “All relevant evidence is admissible, except as

    otherwise provided by [law] … Evidence which is not relevant is not admissible.” Ala. R. Evid. §402 • Federal rule of evidence is essentially the same.
  32. Witness reliability • Generally goes to the weight of the

    evidence, not admissibility • Admissibility: question of law –Determined by judge • Weight: question of fact –Determined by trier of fact –Who is trier of fact?
  33. Admissible testimony –Personal knowledge •Admissible (if relevant) –Opinion •Based on

    firsthand knowledge of facts •Helpful to trier of fact –Expert opinion •“a witness qualified as an expert … may testify … in the form of an opinion.”
  34. Hearsay • “a statement, … offered in evidence to prove

    the truth of the matter asserted." • "Hearsay is not admissible except …"
  35. Hearsay Exceptions • Present sense impression • Excited utterance •

    Then-existing condition/sensation • Statement against interest • Dying declaration • Business records • Public records
  36. Cross-examination • Opposing attorney may question witness –Leading questions allowed

    • Impeach –Challenge witness’s credibility •Conviction of crime •Prior statements •Evidence of bias, prejudice, or interest