POLI 3120 Lecture Notes - Lecture 19: Preliminary Hearing, Exculpatory Evidence, Reasonable Suspicion
22 May 2018
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Presentation Notes:
I. Elements of Crimes and Parties of Crime
II. Arrest, Initial Appearance, Bonds, PH, Plea Bargaining
a. Judge has to sign off of an arrest warrant.
i. Says what they are being arrested for and the name of the suspect
ii. Exceptions to needing an arrest warrant
1. Automobile
2. Terry patdown
3. Consent
4. Emergency
5. Plain view
6. Reasonable suspicion
b. Initial Appearance: seen in a timely manner. 14th due process.
i. Get a copy of the complaint
ii. Set date for preliminary hearing
iii. Enter a plea (sometimes)
1. If pleading guilty, you give up right to speedy and public trial.
2. Give right to remain silent
3. Give up right to trial before 6th
c. Bonds
i. Pre-trial release
ii. Based o defedat’s proise to sho up
iii. Sureity bond—give up house
iv. Cash bond
v. Electronic monitoring—confined to home
vi. Can be denied bond if you are flight risk or big danger to society
d. Preliminary hearing
i. Probable cause
ii. Prosecution must prove elements of crime (grand jury)
iii. Prosecutors can bring in evidence
iv. Defense criminal lawyer can cross examine in preliminary hearing
v. Iowa uses trial information
e. Discovery:
i. If prosecution fails to give exculpatory evidence, this is a violation of defendants
14th amendement rights
f. Plea bargaining
III. Arrest Interrogation and ID
a. To arrest, has a reasonable suspicion (she suspects that criminal activity is afoot) based
on phone call, smell of marijuana, etc
b. Outside the car, the officer now has probable cause
c. Officers finds marijuana
i. 6 things an officer must tell an individual before placing him under arrest
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