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