The degree to which a society achieves public
order depends in part on the price society is
willing to pay to obtain it.
 Resources committed to crime suppressions,
detection, and prevention.
 The extent to which people are willing to
accept a reduction in civil liberties.
In a free society there is a constant tension
between its government’s legitimate police
function and its citizens’ liberty interests. It has
and will be with us and it will never go away.
It is a source of conflict that must be
understood by both the police and the
population in order for it to be controlled.


1.
2.
3.
4.
5.
18,000 different agencies ( UK with ¼ of US
population has 43 agencies).
Fragmented (UK all agencies administered by
the Home Office).
Federal agencies.
State agencies.
County sheriffs.
Local police agencies.
Special police.



Nationally, sworn officers account for 69.5
percent of PD personnel.
Nationally, police to population ratio rural and
city is: 2.4 per 1000.
Indiana has 146 local PDs.





In the U.S. in 2005, the average number of full-time law
enforcement employees in cities (both sworn officers
and civilian) was 3.0 per 1,000 inhabitants.
Within cities in the Northeast, the rate of full-time law
enforcement employees per 1,000 inhabitants was 3.5.
Within cities in the South, the rate of full-time law
enforcement employees per 1,000 inhabitants was 3.4.
Within cities in the Midwest, the rate of full-time law
enforcement employees per 1,000 inhabitants was 2.7.
Within cities in the West, the rate of full-time law
enforcement employees per 1,000 inhabitants was 2.4.
Police cannot control:
1.
The time it takes from when the crime occurs
to when it is discovered;
2.
The time it takes from when it is discovered to
when it is reported to police
Crime Prevention
Crime Deterrence
Likelihood
Desire
Ability
Desire
of being
caught
Opportunity
Gravity of harm if caught
Scanning
Analysis
Response
Assessment
Each problem likely not only
involves crime, but a wider
community social issue.


Outputs are work product like the number of
traffic tickets issued, crashes investigated, or
the number of criminals arrested.
Outcomes are the results of outputs. Crime
and accident rates for example.





Crime Specific Analysis-pattern of reported
crime.
Link analysis-Associations among people.
Telephone Toll Analysis.
Visual Investigative Analysis (VIA) charting
key criminal events in chronological order.
Case Analysis and Management Systemcomputerized to clarify relationships &
calculate probability of associations.



1.
2.
3.
4.
Geographical Information Systems-mapping.
Global Positioning Systems-locating.
Artificial Intelligence Systems.
Natural language applications.
Robotic applications.
Computer science applications (brains).
Cognitive science applications (decisionmaking).








Politics
Economy
Competing agencies
Community groups
Governments: federal, state, & local
Unions and associations
Review boards
Judicial review


Prior to the 60’s the Bill of Rights restricted and
regulated only the federal government.
Through a series of cases in the 60’s, the
Warren Court began incorporating USC
protections to the states through the due
process clause of the 14th Amendment.
Section. 1. All persons born or naturalized in the
United States and subject to the jurisdiction
thereof, are citizens of the United States and of
the State wherein they reside. No State shall
make or enforce any law which shall abridge
the privileges or immunities of citizens of the
United States; nor shall any State deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.


Procedural Due Process can be boiled down to
notice of the charges and an opportunity to be
heard.
Substantive Due Process means the procedures
must be in content and conducted “fairly.”
Constitutions
1.
Federal
2.
States
Legislated
1.
Federal
2.
State
3.
Local
Common law (Case law)
1.
Federal
2.
State
Administrative law



Judicial – interprete laws
Executive – execute and enforce laws
Legislative – create and pass laws



Congress or legislature delegates authority to
the administrative agency through an enabling
statute.
Laws must be tailored to the mission of the
agency.
Must be properly promulaged.


The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and 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 .
Any search conducted without a warrant is per
se illegal unless an exception exists.










Search incident to a lawful, custodial arrest
Voluntary consent and waiver
Search of a vehicle with probable cause
Inventory after lawful impoundment of a vehicle
Stop and frisk searches (Investigatory Detention)
Plain view, smell & touch
Open fields
Exigent circumstances - hot pursuit
Abandoned property
Protective sweep
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall
any person be subject for the same offence 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; nor shall private property be taken for
public use, without just compensation.


Custodial Interrogation.
The person in custody must, prior to interrogation, be
clearly informed that he or she has the right to remain
silent, and that anything the person says may be used
against that person in court; the person must be clearly
informed that he or she has the right to consult with an
attorney and to have that attorney present during
questioning, and that, if he or she is indigent, an
attorney will be provided at no cost to represent him or
her. Additionally, the officer must ask whether the
person understands their right and will consent to
questioning.
Weeks v. United States, 232 U.S. 383 (1914). First
used in federal case.

Mapp v. Ohio, 367 U.S. 643 (1961) Made
applicable to the states.
Rationale
1.
Dirty Hands
2.
Deterrence
3.
Way to enforce constitution

8th Amendment: Excessive bail shall not be
required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
1.
Guarantee defendant’s appearance.
2.
Public safety.
Presumed innocent means that the defendant is
not judged guilty of a crime and punished
unless convicted BRD or he pleads guilty to it
in the criminal courts.






Beyond a reasonable doubt.
Clear and convincing evidence.
Preponderance of the evidence.
Probable cause.
Articulable suspicion.
Good faith belief.


There are four traditional types of evidence:
real evidence (tangible things like a weapon),
demonstrative (a model or photograph),
documentary (a writing or other document),
and testimonial (testimony by witnesses).
Circumstantial Evidence - Testimony not based
on actual personal knowledge or observation of
the facts in controversy, but of other facts from
which deductions are drawn, showing
indirectly the facts to be proved.
Police Ethical Models
1.
Law.
2.
Code of conduct.
3.
Rules, regulations, & standard operating
procedures.


Police have a property interest in their jobs.
Cannot be terminated or disciplined without
due process.
Internal Investigation
1.
Founded
2.
Unfounded
3.
Exonerated
4.
Not determined.
The First Amendment of the federal constitution
provides the news media and all citizens
certain rights of free speech and press. The
media, however, does not have an unlimited
right to engage in the collection of news
material. “Newsmen have no constitutional
right of special access to the scenes of crime or
disaster when the general public is excluded . .
.” Brandzburg v. Hayes, 408 U.S. 665, 684-685
(1972). However, once the news media has
acquired information from a critical incident or
other source, it will be difficult to prevent its
publication. Bantam Books, Inc. v. Sullivan, 372
U.S. 58 (1963).



Federal: US Attorney may bring a charge only
through a GJ Indictment.
State: Prosecutor may bring a charge either by
filing an Information or by GJ Indictment.
Prosecutor has absolute discretion on whether
to bring a charge, but must have PC if he
decides to bring a charge.

Role diffusion occurs when people spread
themselves too thin, experience personal
uncertainty, and place themselves at the mercy
of people who promise to give them a sense of
identity they cannot develop for themselves.
Example: Gangs.
For a discussion on what factors increase the chances of gang activity
among juveniles got to:
http://www.lao.ca.gov/1995/050195_juv_crime/kkpart3.aspx

Young people extremely vulnerable t the
negative consequences of school failure,
substance abuse, and early sexuality.
By the time they reach 18, most young people
have spent more time in front of the TV than in
the classroom. They see thousands of
depictions of rape, assault, murder, theft, and
other anti-social behaviors. They also listen to
hours of music with violent and sexual content.
Research indicates that kids who listen to
music with sexual content are more likely to
engage in precocious sex than those who don’t.









2 mothers die in childbirth
4 children are killed by abuse or neglect
5 children or teens commit suicide
9 children or teens are killed by firearms
32 die from accidents
202 arrested for violent crimes
377 arrested for drug crimes
964 babies are born at low birthrate
1,210 babies are born to teen mothers
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth.








1,240 public school students corporally punished
2,060 babies born without health insurance
2,175 children are confirmed as abused or
neglected
2,222 drop out of high school
2,692 babies are born into poverty
4,435 children are arrested
4,498 babies are born to unwed mothers
18,493 public school students are suspended from
school
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth





About 70% of all 4th graders cannot read at
level
About 90% of blacks
About 80% of Latino
About 80% of American Indian
Black children are about 50% more likely to
drop out of school than white children; in part
caused by poor reading ability that leads to
stress
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA:
Wadsworth.
Conduct is only illegal because the offender is
under age.
 Smoking and drinking
 Skipping school
 Runaway
 Participating in sex
 Curfew
 Profanity
 Disobeying parents
 Truantcy
Serious crimes against property and people
 Murder
 Rape
 Burglary
 Arson
 Motor vehicle theft
 Theft
 Aggravated assult
All other crimes that are not Part I crimes
 Public intoxication
 Driving under the influence
 Littering
 Disorderly conduct, et cetera
 Drug use







More than 13.6 million arrests each year
2.3 million are Part I crimes
11 million are less serious Part II crimes
Juveniles are arrested for approximately 15% of
Part I violent crimes and 24% Part I property
crimes
Kids 14-17 account for only 6% of population, but
are arrested for a disproportionate amount of
crime.
1.1 million juvenile arrests in 2009 for Part II
offenses
74,000 status offenses arrests in 2009






Socioeconomic Status Theory
Cognitive Behavior Theory
Rational Choice Theory
Trait Theory
Biosocial Theory
Psychological Theory



Capable Guardians
Motivated Offenders
Suitable Targets






Interpersonal interactions: family, peers, schools,
jobs
Community conditions: inner-city, poverty, decay
Exposure to violence
Social change: politics, mistrust, economic stress
Low socioeconomic status: poverty creates
incentive
Racial disparity: poverty among minorities is
higher than that of whites




Social Structure: crime (“C”) is function of
place in economic structure.
Social Process: C as result of interaction with
socialization elements.
Stratified Society: Grouping society into classes
based on the unequal distribution of resources.
Culture of Poverty: View that poor people form
their own values which sometimes clash with
conventional society.





Underclass: Group of poor whose members have little
chance of upward mobility.
Social Structure: Crime is result of socioeconomic
conditions and cultural values.
Enculturated: The process learning what is accepted in
a culture.
Social Disorganization: Links crime to being locked out
of economic mainstream which cause anger.
Cultural Deviance: Lower class culture develops in
disorganized areas whose beliefs are in conflict with
conventional norms




Social Transmission: Norms and values passed
down from each generation.
Social Control: Ability of institutions to
influence social behavior.
Social Ecology: Law abiding behavior is result
of social rather than individual forces.
Transitional Neighborhood: Transition of
population & structure from middle class to
poorer (White flight).



Siege Mentality: Residents become suspicious
of authority and consider outside world as the
enemy. We see this when communities refuse
to cooperate with police even when the crimes
are outrageous and heinous.
Collective Efficacy: The ability of communities
to regulate behavior through influences of
school and family.
Street Efficacy: Using one’s wit to avoid
violence and feel safe.



Strain Theory: Suggests that most people share
similar values and goals. When people feel
shutout they feel frustrated and angry, a
condition called strain.
General Strain Theory (GST): Multiple sources
of strain interact with a person’s traits and
responses to produce crime.
Anomie: Normlessness produced by rapidly
shifting moral values. Personal goals cannot be
achieved using available means.




Failure to achieve positively valued goals.
Disjunction between expectations and
achievements.
Removal of positively valued stimuli (loss of
friends).
Presentation of negative stimuli (child abuse).




People who think they have been treated
unfairly report high levels of anger & high
levels of theft.
People who live in strain producing conditions
are more likely to commit anti-social acts.
People who believe that path to success is
blocked are more likely to engage in criminal
activities.
Similar results in foreign countries (indicating
not cultural based outcomes).
Unique value system that defines lower-class
culture. Conformance to these focal concerns
dominates life. Promotes illegal or violent
behavior. The need for being seen as tough or
the need for excitement, trouble, smartness
(streetwise & savvy), fate, and personal
autonomy (independent of authority figures).



Status Frustration: Culture conflict experienced by
lower-class youths because social conditions
prevent them from achieving success as defined by
society.
Middle-class Measuring Rods: Standards used by
teachers & others to evaluate behavior-when
poorer kids do not meet standards they are subject
to failure, which brings about anger and
frustration.
Reaction Formation: ψ Reaction that occurs when a
person does or says something that is the opposite
of what he really wants or is socially appropriate.




View that poorer youths, which have limited
opportunities, join gangs and pursue criminal
careers as an alternative means to achieving
success.
Criminal gangs: Criminal goals.
Conflict gangs: Protect their own.
Retreatist gangs: Retreat and create fringe
society; often getting high, sex, and music is
goal.

1.
2.
3.
4.
Socialization: People learn to adopt the
behaviors of the community in which they live.
Family influence
School
Peers
Religion
Crime is learned through close relationships with
others; asserts that children are born good and
learn bad from others.
 Differential Association: Asserts that crime is
learned within interpersonal groups and
youths will become crime if violating the law is
favorable to obeying the law.







Crime behavior is learned.
Learning is a by-product of interaction.
Learning occurs within intimate groups.
Criminal techniques are learned.
Perceptions of legal code influence motives.
Crime participation may vary in duration,
frequency, priority, & intensity.
Crime is an expression of needs & values, but
not an excuse.
Subterranean values: The ability of people to
repress social norms. People can drift back and
force between conventional and crime norms.
A set of attitudes that allow people to negate
moral apprehension so that they may freely
engage in crime behavior without regret.
1. Deny responsibility.
2. Deny injury (no one hurt, so not wrong).
3. Deny the victim (he had it coming).
4. Condemn the condemners (world, school,
society is corrupt).
5. Appeal to higher loyalties (Caught between
being loyal to peers and rules of society).
All people have the potential to violate the law and
that society presents many opportunities for illegal
activity. Drugs, illicit sex, even theft offer exciting
pastimes. Is it fear of punishment that prevents
offending behavior (choice theory)? Obeying law
is a function of success, so we don’t disobey
(structural theory)? Obedience is because of
contact with law-abiding parents and peers
(learning theory)? SCT argues that internal and
external forces control desire and passion. Proper
socialization renders us incapable of committing D
acts.
Pygmalion effect. Tell someone they are bad,
injudicious, lazy, or unqualified (and they and
those around them) and the resulting
reinforcement can actually cause the outcome.
People communicate via gestures, signals,
symbols, and words that stand for something else.
Ring on fourth finger of left hand indicates that the
person is married for example.
Possession, rank, or activity that indicates one’s
social prestige.
Mark someone with disgrace or reproach; to
characterize or brand someone as disgraceful or
disreputable.
Law is differentially applied; white collar criminals
ordinarily get lighter sentences than common
burglars for example. This is due to discretionary
decision making.



Damaged identity-stigmatized.
Primary deviance-norm violations that little
influence on the actor and can be quickly
forgotten. Minor crimes that go unnoticed and
therefore have little influence on the person’s
life.
Secondary deviance-deviant acts that define
the actor and create a new identity. Crimes
that come to the attention of others who apply
a negative label.




Pure deviants-engage in illegal acts and get
caught.
Conformists-do not engage in delinquent acts.
Falsely accused-blamed for something they did
not do.
Secret deviants-engage in illegal acts, but do
not get caught.




Restorative justice- humanistic, non-punitive
strategies.
Shame-personal feelings we have when we fail
to meet personal standard or those of
significant others.
Reintegrative shaming-allowing offenders to
understand their wrongdoing and shame
themselves.
Restoration-using the system to heal the
offender.





Developmental theory
Life-course theory
Latent trait
Propensity
Trajectory theory
Integrates social control theory with biosocial,
psychological, routine activities, and rational
choice theories.



Authority conflicts-early age defiance and
authority avoidance
Covert pathway-begins with minor
underhanded behaviors and then leads to more
serious theft and fraud crimes
Overt pathway- begins with minor aggression
and leads to fighting and violent crimes





Suites begin with the filing of a Complaint.
The person who files is the Plaintiff.
The person to whom the complaint is filed
against is the Defendant.
The defendant is notified by a Summons.
After being notified the defendant will file an
Answer.
73





Suites begin with the filing of a Complaint.
The person who files is the Plaintiff.
The person to whom the complaint is filed
against is the Defendant.
The defendant is notified by a Summons.
After being notified the defendant will file an
Answer.
74
The plaintiff's lawyer must decide where to file
the case. A court has no authority to decide a
case unless it has jurisdiction over the person
or property involved. To have jurisdiction, a
court must have authority over the subject
matter of the case and the court must be able to
exercise control over the defendant, or the
property involved must be located in the area
under the court's control.
75




Subject matter jurisdiction. The authority of a
court to hear a particular dispute.
Personal jurisdiction. The authority of a court
to hear a dispute involving the particular
parties.
Original jurisdiction. The authority of a court
decide the dispute in the first instance.
Appellate Jurisdiction. The authority of a court
to review a prior decision by a previous court.
76


Courts of Limited jurisdiction are generally
specialized courts and courts of appeals. The
Supreme Court is a court of special limited
jurisdiction.
Courts of General jurisdiction are commonly
the trial courts such as Circuit or Superior
courts.
77


1.
2.
Federal Question arises if a case involves an
alleged violation of the USC, federal
regulation, or treaty.
Diversity Jurisdiction arises if:
Amount in controversy exceeds $75K
Lawsuit is between people of different states or
a state and a foreign country.
78
Venue refers to the county or district within a
state or the U.S. where the lawsuit is to be tried.
The venue of a lawsuit is set by statute, but it
can sometimes be changed to another county or
district. For example, if a case has received
widespread pre-trial publicity, one of the
parties may make a motion (request to the
judge) for change of venue in an effort to
secure jurors who haven’t already formed an
opinion about the case. Venue also may be
changed for the convenience of witnesses.
79


1.
2.
3.
Standing to sue. An individual or entity must
have a sufficient stake in the controversy
before he or she may bring a suit.
Factors include:
Real controversy not hypothetical.
Whether the person was injured.
Whether the person might be injured.
80
A lawsuit begins when the person bringing the
suit files a complaint. This first step begins
what is known as the pleadings stage of the
suit. Pleadings are certain formal documents
filed with the court that state the parties' basic
positions. Common pre-trial pleadings include:
81




Complaint (or petition or bill). Probably the most important
pleading in a civil case, since by setting out the plaintiff's version
of the facts and specifying the damages, it frames the issues of the
case. It includes various counts - that is, distinct statements of the
plaintiff’s cause of action - highlighting the factual and legal basis
of the suit.
Answer. This statement by the defendant usually explains why
the plaintiff should not prevail. It may also offer additional facts,
or plead an excuse.
Reply. Any party in the case may have to file a reply, which is an
answer to new allegations raised in pleadings.
Counterclaim. The defendant may file a counterclaim, which
asserts that the plaintiff has injured the defendant in some way,
and should pay damages. ("You're suing me? Well then, I'm suing
you.") It may be filed separately or as part of the answer. If a
counterclaim is filed, the plaintiff must be given the opportunity
to respond by filing a reply.
82




Motions are not pleadings but are requests for the
judge to make a legal ruling. Some of the most
common pre-trial motions include:
Motion to Discover. A motion by which one party
seeks to gain information from the adverse party.
Motion to Dismiss. This motion asks the court to
dismiss the suit because the suit doesn’t have a legally
sound basis, even if all the facts alleged are proven
true.
Motion for Summary Judgment (sometimes called
motion for summary disposition). This motion asks the
court for a judgment on the merits of the case before
the trial. It is properly made where there is no dispute
about the facts and only a question of law needs to be
decided.
83


To begin preparing for trial, both sides engage
in discovery. This is the formal process of
exchanging information between the parties
about the witnesses and evidence they’ll
present at trial.
Discovery enables the parties to know before
the trial begins what evidence may be
presented. It’s designed to prevent "trial by
ambush," where one side doesn’t learn of the
other side’s evidence or witnesses until the
trial, when there’s no time to obtain answering
evidence.
84
One of the most common methods of discovery is
to take depositions. A deposition is an out-ofcourt statement given under oath by any
person involved in the case. It is to be used at
trial or in preparation for trial. It may be in the
form of a written transcript, a videotape, or
both. In most states, either of the parties may
take the deposition of the other party, or of any
other witness. Both sides have the right to be
present during oral depositions.
85
In addition to taking depositions, either party
may submit written questions, called
interrogatories, to the other party and require
that they be answered in writing under oath. If
one party chooses to use an interrogatory,
written questions are sent to the lawyer
representing the other side, and that party has
a period of time in which to answer.
86
Other methods of discovery include:
 subpoenaing or requiring the other side to
produce books, records or other documents for
inspection (a subpoena is a written order
issued by a court compelling a person to testify
or produce certain physical evidence such as
records);
 having the other side submit to a physical
examination; or
 asking that a document be submitted for
examination to determine if it is genuine.
87
Judges use pre-trial conferences with lawyers for
many purposes. One type of conference
gaining popularity is the status conference
(sometimes called the early conference). This
conference—held after all initial pleadings
have been filed—helps the judge manage the
case. Judges use it to establish a time frame for
concluding all pre-trial activities and may set a
tentative trial date at this time.
88




Juries of six to twelve persons are selected from the
jury pool. The size of jury varies from state to state and
depends to some extent on the type of case at trial.
In civil cases, especially in courts of limited
jurisdiction, the standard size in many jurisdictions is
becoming six, which can be increased by stipulation of
both parties.
In misdemeanor cases there are sometimes fewer than
twelve jurors, though in serious criminal cases twelve
jurors are generally required.
The old requirement that juries be unanimous is also
changing. In misdemeanor and civil cases particularly,
states often provide for verdicts based on the
agreement of three-fourths or five-sixths of the jurors.
89
IC 35-37-1-1
If a defendant is charged with:
(1) murder, a Class A felony, a Class B felony or a
Class C felony, the jury shall consist of twelve (12)
qualified jurors unless the defendant and prosecuting
attorney agree to a lesser number; or
(2) any other crime, the jury shall consist of six (6)
qualified jurors.
90
In prosecutions for murder where the death penalty is
sought, the attorneys may challenge, peremptorily, 20
jurors.
In prosecutions for murder, where the death penalty is not
sought, and Class A, Class B, or Class C felonies, the
defendant may challenge, peremptorily,10 jurors.
In prosecutions for all other crimes, the defendant may
challenge, peremptorily, 5 jurors. When several
defendants are tried together, they must join in their
challenges.
Good causes for challenge; opinion on guilt or
innocence.
91
IC 34-36-3-1 Number of jurors; stipulations
Sec. 1. (a) In a civil case, the jury consists of six (6)
members.
(b) At any time before the verdict is announced, the
parties may stipulate that a verdict or finding of a
stated majority of the jurors shall be taken as the
verdict or finding of the jury.
92
In all civil cases, the jury shall consist of 6 members.
Alternate Jurors. The Court may direct that no more
than 3 jurors in addition to the regular jury be called.
Peremptory Challenges.
Each side shall have 3 peremptory challenges.
In addition, each side is entitled to: 1 peremptory
challenge if the court directs that 1 or 2 alternate jurors
are to be impaneled; or
2 peremptory challenges if the court directs that 3
alternate jurors are to be impaneled. The additional
peremptory challenges may be used only against
alternate jurors..
Examination of jurors. The court shall permit the
parties or their attorneys to conduct the examination of
prospective jurors, and may conduct examination itself.
93


1.
2.
3.
4.
You will not automatically get a jury trial, you
must timely ask for one.
Not all trials can be heard in front of a jury:
Divorce cases.
Bankruptcy.
Tax court.
Probate court.
94



Voir Dire.
Strike for Cause.
Preemptory Challenge.
95
The purpose of opening statements by each side is
to tell jurors something about the case they will
be hearing. The opening statements must be
confined to facts that will be proved by the
evidence, and cannot be argumentative.
96
The heart of the case is the presentation of
evidence. There are two types of evidence -direct and circumstantial.
 Direct evidence usually is that which speaks for
itself: eyewitness accounts, a confession, or a
weapon.
 Circumstantial evidence usually is that which
suggests a fact by implication or inference: the
appearance of the scene of a crime, testimony
that suggests a connection or link with a crime,
physical evidence that suggests criminal
activity.
97
Lawyers for the plaintiff or the government begin
the presentation of evidence by calling
witnesses. The questions they ask of the
witnesses are direct examination. Direct
examination may elicit both direct and
circumstantial evidence. Witnesses may testify
to matters of fact, and in some instances
provide opinions. They also may be called to
identify documents, pictures or other items
introduced into evidence.
98
When the lawyer for the plaintiff or the
government has finished questioning a witness,
the lawyer for the defendant may then crossexamine the witness. Cross-examination is
generally limited to questioning only on
matters that were raised during direct
examination. Leading questions may be asked
during cross-examination, since the purpose of
cross-examination is to test the credibility of
statements made during direct examination.
99
At the conclusion of the plaintiff's or
government's evidence, the lawyer will
announce that the plaintiff or government
rests. Then, when the jury leaves the
courtroom, the defendant's lawyer in a civil
case has the option of making a motion for a
directed verdict, arguing that his or her client's
liability has not been proven by a
preponderance of the evidence. In a criminal
trial, the defendant's lawyer can ask for a
motion to dismiss the charges, arguing that the
government has failed to prove its case.
100
The defense presents evidence in the same
manner as the plaintiff or state, and the
plaintiff or government in return has the right
to cross-examine the defense's witnesses. Redirect and re-cross examination also are
permitted.
101
At the conclusion of the defendant's case, the
plaintiff or government can present rebuttal
witnesses or evidence to refute evidence
presented by the defendant. This may include
only evidence not presented in the case
initially, or a new witness who contradicts the
defendant's witnesses.
102



The lawyers’ closing arguments or summations discuss
the evidence and properly drawn inferences. The
lawyers cannot talk about issues outside the case or
about evidence that was not presented.
The judge usually indicates to the lawyers before
closing arguments begin which instructions he or she
intends to give the jury. In their closing arguments the
lawyers can comment on the jury instructions and
relate them to the evidence.
The lawyer for the plaintiff or government usually goes
first. The lawyer sums up and comments on the
evidence in the most favorable light for his or her side,
showing how it proved what he or she had to prove to
prevail in the case.
103
The judge will advise the jury that they are the
sole judge of the facts and of the credibility
(believability) of witnesses. He or she will note
that the jurors are to base their conclusions on
the evidence as presented in the trial, and that
the opening and closing arguments of the
lawyers are not evidence. Sometimes judges
will explain what basic facts are in dispute, and
what facts do not matter to the case.
104
Mistrials are trials that are not successfully
completed. Mistrials can occur for many
reasons:
 death of a juror or attorney.
 an impropriety in the drawing of the jury
discovered during the trial.
 a fundamental error prejudicial (unfair) to the
defendant that cannot be cured by appropriate
instructions to the jury (such as the inclusion of
highly improper remarks in the prosecutor's
summation).
 juror misconduct the jury's inability to reach a
verdict because it is hopelessly deadlocked.
105
After reaching a decision, the jury notifies the
bailiff, who notifies the judge. All of the
participants reconvene in the courtroom and
the decision is announced. The announcement
may be made by either the foreperson or the
court clerk.
106
In a civil case, either party may appeal to a higher
court. In a criminal case, only the defendant
has a right to an appeal in most states. (Some
states give the prosecution a limited right to
appeal to determine certain points of law.
These appeals usually occur before the actual
trial begins. Appeals by the prosecution after a
verdict are not normally allowed because of the
prohibition in the U. S. Constitution against
double jeopardy, or being tried twice for the
same crime).
107



Affirm.
Reverse and remand.
Reverse and render a new judgment.
108






Burden of Proof.
Complaint v. Information or Grand Jury.
Trial brought in the name of Plaintiff v. the
name of the State.
Civil damages v. Criminal incarceration.
Double Jeopardy v. Res Judicata.
Some criminal convictions receive automatic
appeal to Indiana Supreme Court.
109






Criminal: Beyond a reasonable doubt.
Commitment: Clear and convincing evidence.
Civil: Preponderance of the evidence.
Arrest: Probable Cause.
Civil Infraction Notice to appear: Good faith
belief.
Investigatory detention: Articulatible
suspicion.
110


1.
2.
Applies to criminal proceedings.
One cannot be convicted of a crime unless:
Pleads guilty-admitting the truth of the
allegation.
Convicted at trial (guilt proved beyond a
reasonable doubt).
111


1.
2.
Bail is allowed so long as not excessive (8th
Amendment to USC).
If presumed innocent, why bail required at all?
Guarantee presence at trial.
Public safety.
112
A private employer X has a “Public Conduct”
clause in his employee contracts that state that
behavior by employees that brings discredit to
the employer or that is inappropriate as
measured by community standards whether or
not on-duty is cause for discipline up to and
including dismissal.
Employee X is arrested, but not convicted of
cruelty to animals and promoting illegal dog
fighting. Must employer X wait to see if
employee X is convicted in order to discipline
the employee?
113