3.30.11 Criminal & Family Law

-Get copy of WA and FED Constitution
-Be PRECISE in your writing. Short sentences that say exactly what you mean to say. Vague is not an option.
-Bring State rule book to class

• -Is it a Prosecutor's job to win?
• -What is truth and justice?
• -RPC's Rules of Professional Conduct
o Apply to Attorneys and Paralegals

• Laws come from legislature- Go to Olympia to watch
• Sunset Clause- adds expiration date to laws, requires review every (x) years
o Our system tries to correct law by adding more laws, become contradictory and confusing

• The Constitution
• Washington and State- When do we apply?
• Source of Law
o Jurisdiction- If you break federal law- federal court
• If you break state law- state court
o Limitation- Can the government single you out?
• Authority- Govt derives its authority from Fed Constitution
• When Fed Const is silent, State Const applies
• Areas at Issue:
• Statements and Confessions
• Suppression of Evidence
• Search and Seizure -
o Fed- 4th Amendment
o State- Article 1 Section 7-
o Read it
o Look for case law- Wa Ct Ap/Sup C

Limitations of Governmental Action
• Indictments
o Fed- Grand Jury
o State- Notice & Complaint and Arraignment
• How do we convince a Judge to release?
• FOR NEXT WEEK- What are the criteria for release in WA on felony case?
• Write one paragraph convincing Judge to release without bail for Arnica
• Go to criminal rules

• Preliminary Determination- Appear before Judge (before charges filed) flash decision
o Released or held
o "to wit" = specifically
• Arraignment- to get personal jurisdiction- Notice
o Court must read charges and allow accused to enter a plea
o Within 14 days after Information (prosecutor's statement of accusation)
• Pretrial Hearing
o Suppression CrR 3.6- Physical Objects
• Preliminary showing to judge for motion to suppress
• Motion to suppress- Usually the issue that decides the case
• Burden is on defender to prove impermissible seizure
• Bulk of work and bulk of appeals
• 4th Amend.- Unreasonable Search & Seizure
• Art. 1 Sec. 7- State version, more restrictive than Fed.
• Proponent of evidence has the burden of proving admissibility
o Confession CrR 3.5- Statements
• If a statement is offered as evidence the Judge must set hearing to determine admissibility
• 5th Amend.- right to remain silent
• Choice/Knowledge &Voluntariness
o Burden- State must prove that statement was made knowingly and voluntarily
• Miranda
• Lawyer- 6th Amend.


• Source of Law
• Jurisdiction
• Where the act occurred
• Nature of the act
o Subject Matter- easier in criminal cases
o Person-
o Pleading
o Inherent Authority

• Misdemeanor- Max 90 days
o May be heard in court of limited jurisdiction
• Court with limited scope of authority
• Speeds up process and reduces case load of other courts
• CrRLJ- Separate set of court rules for these courts

• Felony- Min one year

• Only 3-4% of criminal cases go to trial

• Washington is Determinate Sentencing state
o Predefined sentences based on a number of factors
o RCW 94a
o Non-Exclusive Statutory Factors (others may be included)

• Appeal of Verdict
o From question of law

Roles:
• Investigation- Police
o Find Facts
• Case Building- Prosecutor
o Work with police
• Pressing Case in Court- Different Prosecutor
o Moves file forward
• Challenging Case- Defense Attorney
• Arbiter of Law- Judge

Franks v. Delaware
• Requires honesty for purposes of obtaining a warrant

IRAC
-Issue
-Relevant Law
-Application to Facts
-Conclusion

With each motion consider:
• (What I want- driving force for all arguments, etc. Tell Judge what you want)
• Law
• Factual Basis- Evidence- EX Declaration (under penalty of perjury)
• Analysis

For Next Week
-Bring WA Rules
-Read Arnica case
-Print your paragraph on release for Arnica