American Criminal Justice: The
Process
Investigations and Arrest.
• The modern justice process begins with an
investigation
– After a crime has occurred, evidence is collected
at the scene when possible
– A follow-up investigation tries to reconstruct the
sequence of activities. (CSI)
• Once enough evidence is collected, an arrest
can be made
• Miranda vs. Arizona
– Even though On Television, cops read suspects
their rights at every arrest, however in reality this
is not so. A suspect is only read rights before
questioning.
• When a officer observes a crime in progress, for the
safety of others, the officer may ask a few question
prior to Miranda Warning
Booking
• Following arrest, suspects are booked at a
police station.
• Pictures are taken, fingerprints are made, and
personal information is gathered.
• Details of the charges are recorded and an
administrative record of the arrest is created.
• At this time suspects are again advised of their
rights and are made to sign a paper saying
that they received and understand them.
First appearance
• Within hours the suspects is brought before a
magistrate
• Here charges are made knowledgeable to him
and again his rights are read
• Some suspects are given the opportunity of
bail.
• Describe bail procedure
• If the suspect doesn’t have a lawyer one may
be appointed by the court.
Preliminary Hearing (Preliminary
examination)
• Preliminary Hearing (Preliminary examination)
• This is to establish if there is sufficient evidence to continue
the justice process
• At this hearing the judge will seek to determine if there is
probable cause to believe that;
• 1. A crime has been committed.
• 2. That the defendant committed the crime.
• Defense attorneys have a chance to see the degree of
evidence the prosecutor has against them.
• If evidence against them is sufficient, defense attorneys may propose
a plea.
• All defendants have the right to have an attorney present at
this hearing
Information or indictment
• Some state require an Information with the court
• A formal written accusation filed by the prosecution on the basis
of the outcome of the preliminary hearing
• Other states require an Indictment
• A decision returned by the Grand jury
• The Grand jury hears from the prosecution and makes a decision
based on the evidence presented
• The Grand jury decides whether there is enough evidence to
permit the case to trial
• The Grand jury determines if there is probable cause to charge the
defendant with a crime
• The Grand jury can return a verdict on less that a unanimous vote
• The defense does not have a chance to present evidence in a
Grand jury trial.
Arraignment
• This is the first appearance of the defendant before a court that has
the authority to conduct a trial.
• The defendant hears the indictment brought against him
• The defendant is also made aware of his rights and is ordered to
enter a plea.
• Not guilty
• Guilty
• No contest (nolo contendere)
– This plea cannot be used against the defendant in a civil suit.
• The judge can over turn a plea of guilty if there is reason to believe
the defendant is under duress or does not understand the charges
brought against him.
• The defendant can also stand and remain silent and the judge will
enter a plea of not guilty
Adjudication
• Trial by Jury
– Read pg 19