用的枪，伪造Байду номын сангаас支票等） • Demonstrative evidence: 演示证据（为
了说明已存在证据而使用，如模型等）
• lineup • handwriting
sample • blood
sample • ...
The Right Against Self-Incrimination
• Privilege of the accused: • Privilege of the witness:
not to testify at trial
• Elimination of the privilege
Immunity-bars the G from using yourT or anything derived to convict you 证言至关重要/政府案件
Jurors—determine—not charged (no indictment) or charged-arrested
The U.S. Attorney tells a federal grand jury 大陪审团about the evidence and try to convince the grand jury that the person probably
committed the crime and should be formally accused of it.
an information控告书 :charge filed by a prosecutor
an indictment起诉书: handed down by a grand jury
2020/5/18
The Right Against Self-Incrimination
• The Fifth Amendment of the Constitution: 免于自证其罪的权利
• No person... shall be compelled in any criminal case to be a witness against himself.
2020/5/18
“The United States Attorney is the representative..and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done,...the twofold aim of which is that guilt shall not escape or innocence suffer.”
charges
5th Amendment
to the constitution
•No person shall be held认定 to answer for受...审理 a capital, or otherwise infamous crime,unleNss on a presentment
报告or indictment起诉书 of a Grand
ATF,
USSS,
DHS/ HIS
• ATF:烟酒枪支爆炸物管理 局, 隶属于司法部
• USSS:美国特勤处,隶属于 国土安全部（反恐、保护 总统SA:特工）
• DHS/HIS：Homeland Security Investigation
➢ a search warrant ➢ an arrest warrant
还代表着该局坚持贯彻的信 条——忠诚（Fidelity）、勇敢 （Bravery）和正直（Integrity)， 象征联邦警察。
I. Investigation
A. Criminal investigators
a. some agencies that employ criminal investigators:
George was not at his home and appeared in the crime scene. George hated Fred. ...
Ⅱ. Charging
A. Grand Jury
• a constitutional requirement for
potential
Jury, ...
Grand Jury vs. Trial Jury
grand jury
•in
cases
•determines whether there is
probable cause合理根据 to
charge a person with a crime;
•
questions of
guilt or innocent.
and try to convince the grand jury that the person probably
committed the crime and ...
Probable Cause
宪法修正案第四条：保护人身、住 房、文件和财物不受无理搜查扣押
的权利不得侵犯；除非有合理的 根据认为有罪，以宣誓或郑重声
C. Circumstantial Evidence evidence that tends to prove something related to a
fact, which can be inferred from the circumstances.
George is accused of shooting Fred with a handgun. CE: George had a handgun.
I. Investigation
police investigate the crime: collect evidence
B. Direct Evidence
evidence that supports a fact without an inference
e.g.: testimony of an eyewitness
---the United States Supreme Court
The U.S. Attorney tells a federal grand jury 大陪审团about the
evidence and try to convince the grand jury that.. 16-23 jurors
X. Sentencing
I. Investigation
A. Criminal investigators
a.
some agencies that employ criminal investigators:
美国禁毒署: 隶属于美国司法部 Drug: 违禁药品和毒品
• 美国联邦调查局，是世界著名 的美国最重要的情报机构之一， 隶属于美国司法部，“FBI”不 仅是美国联邦调查局的缩写，
•16-23 jurors;
•Indictments for
重罪
rather than mismisdemeanors轻罪
(federal G for felony/states not
necessarily required)
•proceedings only attended by
specific persons(witness no
B. the Government represented by vs. the defendant represented by
C. Venue--- the location where
the trial is held
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The U.S. Attorney （federal prosecutor)
trial jury
a jury petit
•listens to the evidence presented at the trial and determines whether the defendant is guilty of the charge. •12 jurors in criminal cases and 6-12 in civil cases.
• The witness must swear to tell the truth. • The witness “speaks” to the jury through questions asked of
him or her • Refuse to answer questions “I plead the Fifth”
into an area where a
person
has
a
reasonable
and
justifiable expectation
of privacy.
A seizure （扣押）
• can be defined as the exercise of control by the government over a person or thing.
attorney)
•at least 12 jurors concur-issue an
Grand Jury vs. Trial Jury videoclip4.1
grand jury
•determines whether the person should be released or held for further proceedings; • 16-23 jurors; •Indictments for felonies 重罪 rather than misdemeanors.轻 罪
•Indictments for felonies 重罪 rather than misdemeanors轻罪