assignment for Geniusalert92
meshaal
chapter06_2.pptCriminal Procedure
Chapter 6
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Chapter 6: Criminal Procedure
Objectives
- Define “arrest”, and explain the authority of a firefighter to make an arrest.
- Explain the difference between criminal and administrative search warrants.
- Identify at least six exceptions to the search warrant requirement.
Chapter 6: Criminal Procedure
Objectives
- Explain the constitutional limitations upon a firefighter conducting a cause and origin determination as part of an investigation after a fire.
- Explain what is required to constitute an attempted crime.
Chapter 6: Criminal Procedure
Objectives
- Define “accessory before the fact,” “accessory after the fact,” and “aider and abettor.”
- Define a criminal conspiracy and explain the liability of each coconspirator.
Chapter 6: Criminal Procedure
What Is an Arrest?
- Arrest
Lawful control of one person over another
Depriving person of his or her liberty
- Arrest involves:
Authority to make an arrest
Asserting that authority to restrain the person
Chapter 6: Criminal Procedure
Authority to Make an Arrest
- Citizen’s arrest
- Reasonable force to effectuate arrest
- Peace officers
- Detention must be reasonable
Some states limited to two hours without charges
Chapter 6: Criminal Procedure
Liability for Mistakes
- Peace officers
Privilege when making an arrest that later turns out to be wrong
Immune from suits for false arrest and battery
- Citizens enjoy no such privileges
Chapter 6: Criminal Procedure
Arrest Warrants
- Probable cause requires an arrest warrant
- Police must apply to a judge or magistrate for an arrest warrant
Chapter 6: Criminal Procedure
Arrest Warrants
- Judge or magistrate
Must be satisfied that crime has been committed and the defendant committed it
- Arrest warrant authorizes peace officer to take defendant into custody
Chapter 6: Criminal Procedure
Criminal Procedure
- Criminal charges can be initiated in three ways:
Complaint
Information
Indictment
Chapter 6: Criminal Procedure
Search and Seizure
- Fourth Amendment prohibits unreasonable searches and seizures by federal government
- Fourth Amendment applies to states and municipalities through the Fourteenth Amendment due process clause
Chapter 6: Criminal Procedure
Search and Seizure
- The Exclusionary Rule
Evidence seized by an unlawful search may not be used in court
Limited to the person whose privacy interests were violated by the search
Chapter 6: Criminal Procedure
Search Warrant Requirement
- Issued by a neutral magistrate
- Must describe place or person to be searched and property to be seized
- Probable cause
Belief that a crime has been committed
Chapter 6: Criminal Procedure
Warrantless Searches
- Valid warrantless searches
Plain view
Consent
Stop and frisk (Terry stop)
Incident to arrest
Chapter 6: Criminal Procedure
Warrantless Searches
- Valid warrantless searches
Vehicles
Open fields and abandoned property
Exigent circumstances
Chapter 6: Criminal Procedure
Fire-Scene Exception
- Initial entry by firefighters into a building to extinguish a fire
Constitutionally justified as an exigent circumstance exception to the warrant requirement
- Once lawfully present
Chapter 6: Criminal Procedure
Fire-Scene Exception
- Firefighters and investigators
May remain on scene without a warrant for a reasonable period of time after the fire has been extinguished
To conduct their investigation
Chapter 6: Criminal Procedure
Chain of Custody
- Required for evidence to be admissible at trial
- Must be able to document an unbroken chain of custody from the moment evidence is seized until the evidence is introduced at trial
Chapter 6: Criminal Procedure
Custodial Interrogation
and Miranda Warnings
- Miranda rights
- Applies to custodial interrogation
- Exclusionary rule applies to information obtained in violation of Miranda
Chapter 6: Criminal Procedure
Accomplice Liability
- Principal
Directly involved in crime
- Accessory
Helped in planning crime
- Newer approach
Aider and abettor
Chapter 6: Criminal Procedure
Conspiracy
- Agreement to commit a crime
- Conspiring to commit a crime
- All co-conspirators can be liable for crimes committed by any of the other co-conspirators
In furtherance of the conspiracy
Chapter 6: Criminal Procedure
Attempts
- Attempts to commit crimes punishable as crimes
- Requires same mental state as the crime
- Requires an act in furtherance of attempt
Some states demand a more substantial act
Chapter 6: Criminal Procedure
Criminal Defenses
- Self-defense
- Defense of others
- Defense of property
- Insanity
- Entrapment
- Statute of limitations
Chapter 6: Criminal Procedure
Self-Defense
- Right of reasonable force to defend oneself
- Can meet level of force with same level of force
Can meet deadly force with deadly force
Pre-emptive strike not allowed beforehand
Punitive strikes not allowed afterward
- Retreat rule
Chapter 6: Criminal Procedure
Defense of Others
- Can use reasonable force to defend another
- Same rules as for self-defense
No pre-emptive strikes
No punitive strikes
Chapter 6: Criminal Procedure
Defense of Property
- Reasonable force to protect property
- Cannot resort to deadly force merely to protect property
Chapter 6: Criminal Procedure
Insanity Defense
- Most states consider it a defense
- In some states it is a mitigating factor
Guilty but insane
- Double-edged sword
Minimizes or eliminates criminal responsibility
Can be institutionalized for life
Chapter 6: Criminal Procedure
Entrapment
- Affirmative defense to a crime
- Law enforcement personnel induced a normally law-abiding person to commit an offense
- Some states focus on defendant’s propensity to commit such crimes
Chapter 6: Criminal Procedure
Statute of Limitations
- How long after a crime has been committed that someone can be charged
- Key action is charged, not tried or convicted
- Murder does not have statute of limitation
Chapter 6: Criminal Procedure
Summary
- Arrests
- Criminal charging
- Searches and seizures
- Attempted crimes
Chapter 6: Criminal Procedure
Summary
- Conspiracies
- Parties to a crime
- Criminal defenses
