Chapter 2. Introduction of Basic Concepts This page will also be a reference
Chapter 3. Investigative Method resurce for this class
Lesson Plan 8/26/09
- 6:00- 6:30: Roll call and review assignments
- 6:30- 6.50: Lecture and power point discussion
- 6:50- 7:00: Break
- 7:00- 7:50: Lecture and power point discussion
- 7:50- 8:00 Break
- 8:00- 8:45 Class Notes discussion and assignments for next week
Read and study Chapter 2-3
Practice computation of the UCR as discussed .
Review and copy the definitions of the Part 1 Index crimes noted in Class Notes .
Visit and study the following 2 web sites.
http://www.associatedcontent.com/article/31664/the_differences_between_scientific.html?cat=17
Understand the “Scientific Method” as it is applied to the investigative function.
http://trialbehavior.com/news/csi.htm
Understand the importance of criminal evidence in the trial process.
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Class Notes UNIFORM CRIME REPORTS
UCR equation:
UCR= # crimes/ Population X 100,000
DEFINITIONS OF CRIMES
Review this web site- GA Code
http://www.lexis-nexis.com/hottopics/gacode/default.asp
Using this web site:
Record the definitions of each of the 8 Part One Index crimes.
Crimes against persons- Murder, Aggravated assault, Robbery, Forcible Rape
Property Crimes- Burglary, Larceny theft, Motor vehicle theft, Arson
O.C.G.A. § 16-5-1
GEORGIA CODE
Copyright 2008 by The State of Georgia
All rights reserved.
*** Current through the 2008 Regular Session ***
TITLE 16. CRIMES AND OFFENSES
CHAPTER 5. CRIMES AGAINST THE PERSON
ARTICLE 1. HOMICIDE
O.C.G.A. § 16-5-1 (2008)
§ 16-5-1. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
O.C.G.A. § 16-5-21
GEORGIA CODE
Copyright 2008 by The State of Georgia
All rights reserved.
*** Current through the 2008 Regular Session ***
TITLE 16. CRIMES AND OFFENSES
CHAPTER 5. CRIMES AGAINST THE PERSON
ARTICLE 2. ASSAULT AND BATTERY
O.C.G.A. § 16-5-21 (2008)
§ 16-5-21. Aggravated assault
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(This is a Drive by shooting)
(b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e) (1) As used in this subsection, the term "correctional officer" shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term "correctional officer" shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, "public transit vehicle" has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term "vehicle" includes without limitation any railcar.
(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
(k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
HISTORY: Laws 1833, Cobb's 1851 Digest, pp. 787-789; Laws 1840, Cobb's 1851 Digest, p. 788; Code 1863, §§ 4250, 4258, 4259, 4260; Ga. L. 1866, p. 151, § 1; Code 1868, §§ 4285, 4293, 4294, 4295; Code 1873, §§ 4351, 4359, 4360, 4361; Code 1882, §§ 4351, 4359, 4360, 4361; Penal Code 1895, §§ 97, 98, 99, 100; Penal Code 1910, §§ 97, 98, 99, 100; Code 1933, §§ 26-1403, 26-1404, 26-1405, 26-1406; Code 1933, § 26-1302, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 543, § 1; Ga. L. 1982, p. 1242, § 2; Ga. L. 1984, p. 900, § 1; Ga. L. 1985, p. 628, § 1; Ga. L. 1991, p. 971, §§ 3, 4; Ga. L. 1994, p. 1012, § 8; Ga. L. 1994, p. 1920, §§ 1, 2; Ga. L. 1996, p. 988, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 381, § 3; Ga. L. 2000, p. 1626, § 1; Ga. L. 2003, p. 140, § 16; Ga. L. 2004, p. 1072, § 1; Ga. L. 2006, p. 379, § 4/HB 1059.
Review http://www.writingcommission.org/pr/writing_for_employ.html
Review this web site and search Nix v. Williams
http://www.oyez.org/ Save this site for easy access in your “Favorites”.
Understand the "Inevitable Discover Doctrine"
CASES / JUSTICES / ADVOCATES / BENEFACTORS / ON THE DOCKET / HELP SCOTUSblog / Justia / Appellate.Net
Home» Decades» 1980-1989» 1983» Nix v. Williams
Nix v. Williams
Docket:
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82-1651
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Citation:
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467 U.S. 431 (1984)
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Petitioner:
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Nix
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Respondent:
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Williams
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Case Media
· Oral Argument
· Written Opinion
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Abstract
Argument:
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Wednesday, January 18, 1984
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Decision:
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Monday, June 11, 1984
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Issues:
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Criminal Procedure, Right to Counsel
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Advocates
Brent R. Appel
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(Argued the cause for the petitioner)
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Robert Bartels
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(By appointment of the Court, argued the cause for the respondent)
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Kathryn A. Oberly
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(Rgued the cause for the United States as amicus curiae urging reversal)
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Facts of the Case
Williams was arrested for the murder of a ten-year-old girl who's body he disposed of along a gravel road. State law enforcement officials engaged in a massive search for the child's body. During the search, after responding to an officer's appeal for assistance, Williams made statements to the police (without an attorney present) which helped lead the searchers to the child's body. The defendant's Miranda rights were only read to him after his arrest.
Question
Should evidence resulting in an arrest be excluded from trial because it was improperly obtained?
Conclusion
No. The Court relied on the "inevitable discovery doctrine," as it held that the exclusionary rule did not apply to the child's body as evidence since it was clear that the volunteer search teams would have discovered the body even absent Williams's statements.
Decision: 7 votes for Nix, 2 vote(s) against
Legal Provision: Exclusionary rule (admissibility of evidence allegedly in violation of the Right to Counsel)
Full Opinion by Chief Justice Warren E. Burger
Cite this page
The Oyez Project, Nix v. Williams, 467 U.S. 431 (1984),
available at: <http://www.oyez.org/cases/1980-1989/1983/1983_82_1651/>
(last visited
Sunday, December 28, 2008).
Search Warrant Template- Note three separate parts.
Affidavit
Command or Warrant
Return (Inventory of items seized) Not shown here
Additionally shown here is a “NO KNOCK” provision that is required to be signed in addition to the warrant.
AFFIDAVIT AND APPLICATION FOR A SEARCH WARRANT
In the {{COURT}} of {{COUNTY}} COUNTY
STATE OF GEORGIA
Case Number: «CASENUMBER» Docket:_____________
The undersigned «OFFICER», being duly sworn, deposes and says:
I am an officer of the State of Georgia or it’s political subdivisions charged with the duty of enforcing criminal laws, and that I have reason to believe that in «COUNTY» County, Georgia, on the person premises, or the property described to include any/all curtilledge and out buildings as follows:
«LOCATIONADDRESS»
«DISCRIPTION»
There is now located certain items, articles, person(s), or things, namely: (specify) which is in violation of Georgia law «GALAW»
The facts tending to establish probable cause that a crime has been, or is being committed and the above described instruments, articles or things described are presently located at the described premises of property are as follows:
«ITEMSEARCH» “SEE ATTACHMENT A”
I SWEAR OR AFFIRM THAT ALL THE INFORMATION CONTAINED IN THIS AFFIDAVIT AND ALL OTHER TESTIMONY GIVEN BY ME UNDER OATH IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Affiant:__________________________________
Title: «OFFICER»
Sworn to and subscribed before me this _______ of _________________________, in the year___________ at _______________________ (time)
________________________________________
Judge of the «COURT»Court
«COUNTY» County, Georgia
SEARCH WARRANT
In the «COURT» Court of «COUNTY» County
State of Georgia
Docket:___________
TO: ALL PEACE OFFICERS OF THE STATE OF GEORGIA
Affidavit having been made before me by «OFFICER» an officer charged with the duty of enforcing Criminal Laws, that he has reason to believe that in «COUNTY» County, Georgia, on the following described person(s) premises, or property:
«LOCATIONADDRESS»
«DISCRIPTION»
There is now located certain instruments, articles, person(s) or things, namely:
, which is in violation of Georgia law «GALAW»
Based upon the affidavit given under oath or affirmation and all other evidence given to me under oath or affirmation, I am satisfied that there is probable cause to believe that a crime is being committed or has been committed, and that the property described above is presently located on the person, premises, or property described above.
You are hereby commanded to enter, search and seize within ten(10) days of this date, the person, premises, or property describes above. A copy of this warrant is to be left with the person searched, or if no person is available, on the premises or vehicle searched, and a written search warrant return, including an written inventory of all items seized, shall be made before me or a Court of competent jurisdiction without necessary delay after the execution of this Search Warrant.
SO ORDERED this ___ day of ___________________in the year________at
_____________________(time).
____________________________________
Judge of the «COURT» Court
«COUNTY» County, Georgia
NO-KNOCK PROVISION(not valid unless signed)
IT APPEARING from the aforementioned Affidavit that there are reasonable grounds to believe that the giving of verbal notice could greatly increases the officer’s peril and/or lead to the immediate destruction of the instruments, articles or things to be seized.
IT IS, THEREFORE ORDERED that entry is made without knocking and the giving of verbal notice of the officer’s authority and purpose.
SO ORDERED this _________ day of _____________________ in the year _______________ at _________________(time)
____________________________________
Judge of the «COURT» Court
«COUNTY» County, Georgia
Elements of a crime
http://www.lexis-nexis.com/hottopics/gacode/default.asp
Use this web site to locate GA Code statutes of all criminal acts. Use the illustration in Chapter 2 Class notes to follow the expansion of the various code sections until the level of detail needed is reached.
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