Criminal Justice Process

1. INVESTIGATION:After a crime has been Discovered, evidence is gathered and follow-upinvestigations attempt to reconstruct

the sequence of activities leading up to and

including the criminal event. Efforts to identify suspects are initiated.2. WARRANT: An arrest warrant issued by a judge provides the legal basis for an apprehension of suspects by police.3. ARREST: In an arrest, a person is taken into custody, limiting the arrestee’s freedom. Arrest is a serious step in the process of justice. During arrest and questioning, defendants are usually advised of their constitutional rights, or Miranda Rights. 4. BOOKING: Booking is an administrative procedure where pictures, fingerprints, and personal information are obtained.

4. FIRST APPEARANCE: Within hours of arrest suspects must be brought before a magistrate (a judicial officer) for an initial appearance. The judge will tell the defendant of the charges against them, advise them of their rights, and may provide the opportunity for bail.6. PRELIMINARY HEARING : The prosecution must produce evidence to show probable cause that the defendant committed the crime. This step is sometimes combined with the initial appearance. The next step depends on if the crime is a misdemeanor or felony. If a misdemeanor the judge will set a date for a trial. If a felony the case will go before the grand jury. The grand jury will decide if there is enough evidence to indict (formally charge) the defendant.

THE INITIAL APPEARANCE: Must be held within 48 – 72 hours after arrest in order to protect people from being put in jail and forgotten (habeas corpus).

WRIT OF HABEA CORPUS: A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

7. INFORMATION: A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.

7a.INDICTMENT: A formal, written accusation submitted by the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

8. ARRAINGNMENT: The first appearance f the defendant before the court that has the authority to conduct a trial. The accused stands before a judge and hear the information, or indictment, against them as it is read. Defendants are again notified of their rights and are asked to enter a plea.

9. ADJUDICATION: A criminal trial may be held, or the defendant may decide to enter a guilty plea. A criminal trial involves an adversarial process that pits the prosecution against the defense. In most trials, a jury hears the evidence and decides issues of guilt or innoncence, while the judge ensures theFairness of the proceedings.

10. SENTENCING: After the person has been convicted it is up to the judge to determine the punishment. Prior to sentencing, a sentencing hearing is sometimes held in which attorneys for both sides can present information to influence the judge’s decision.11. CORRECTIONS: The corrections period begins following sentencing. Corrections involves a variety of sentences that can be imposed on a defendant. (Community Supervision, Community Service, Jail Time, Prison Time, Treatment Programs).12. REENTRY: Not everyone who has been convicted of a crime goes to prison. Community Supervision (Probation) imposes requirements or restrictions upon offenders. Offenders are required to check in with a probation officer on a regular basis. After a defendant has served a portion of his prison term he may be freed on parole. Like probation, parole may come with obligations and requires the offender to check in with a parole officer.

Absolute Certainty

Criminal Jury VerdictBeyond a Reasonable Doubt

Non-Suggestiveness of Identification

Clear and Convincing

PreponderanceCivil Trial Decision

Take Case to a Jury

Prima Facie

Arrest, Search, Indictment, Information

Probable Cause

Reasonable SuspicionStop, Frisk, Question

Mere Hunch

No Basis for Knowledge7

LEVELS OF PROOF

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Classifications of Crimes

• Class C Misdemeanor– Fine up to $500 (ticket)– Cannot be arrested

• Speeding or Open Container

• Class B Misdemeanor– Up to 180 days in jail– $2,000 fine

• Class A Misdemeanor– Up to 2 years in jail– $4,000 fine

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Classifications of Crimes State Jail Felony (SJF): 180 days to 2 years$10,000 fine

3rd Degree:2-10 years$10,000 fine

2nd Degree:2-20 years$10,000 fine

1st Degree:5-99 years$10,000 fine

Capital:Death Life without Parole

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“Terry Frisk”

Terry v. Ohio– Unusual Conduct– May be armed and dangerous– Protection of self and others– Suspicion of crime and weapon to be used– Careful pat of outer clothing– Alone and no backup– Emotions or behavior of suspects

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Fourth Amendment• “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.”

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Plain-View DoctrineCoolidge v. New Hampshire

• The initial intrusion must be lawful or in proper position to view the property.

• The discovery must be inadvertent.• It must be immediately apparent that items

are evidence of a crime, contraband, or subject to seizure

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Exclusionary Rule

• CCP 38.23• No evidence shall be admitted into a criminal

trial that was obtained in violation of constitutional rights

• Mapp v. Ohio– Illegally seized evidence could be excluded from

both state and federal cases

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Fifth Amendment

• Grand jury• Double jeopardy• Self-incrimination• Due process• Just compensation for government takings

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Double Jeopardy

• Exceptions to Double Jeopardy– Convicted and asks for a new trial– Convicted and the case is overturned– The case results in a hung jury– Can be tried at both the state and federal levels

for the same crime

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More On The 5th Amendment

• The Grand Jury indictment rule does not apply in a time of war.

• You cannot be tried twice for the same offense.• You cannot be forced to be a witness against yourself.• You cannot be arrested, convicted, or executed without

due process of law.• The government can seize your land but they have to

pay you just compensation. This law is referred to as “Eminent Domain.”

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Sixth Amendment

• Speedy and public trial• Impartial jury• Informed of the nature and cause

of the accusation• Confrontation of witnesses• Compulsory process of witnesses• Right to an attorney

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Eighth Amendment

• No excessive bail• No excessive fines• No cruel and unusual

punishment

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The police may arrest people for probable cause.

The police may also arrest a person by securing a warrant from a judge.

Criminal Justice System

Police Courts Prisons

A good reason to believe that a suspect has been involved in a

crime.

A legal paper, issued by a court, giving police permission to make an

arrest, seizure, or search.

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Due Process

Due process is mentioned twice in the Constitution. • Fifth Amendment: “No person shall…be

deprived of life, liberty or property without due process of law.”

• Fourteenth Amendment:“No state shall deprive any person of life, liberty or property without due process of law”