1. The Criminal Justice System

2. Arrest Procedure The Arrest: To arrest a person the police must have probable cause. (reason to believe that criminal activity has taken place) The Arrest: To arrest a person the police must have probable cause. (reason to believe that criminal activity has taken place) If the police see a crime, or have an eyewitness, this is sufficient to arrest someone. If the police see a crime, or have an eyewitness, this is sufficient to arrest someone. A person can also be arrested if the police have a warrant. A person can also be arrested if the police have a warrant. The accused person must be read their Miranda Rights. The accused person must be read their Miranda Rights. Booking: The accused person is taken to a local police station. Booking: The accused person is taken to a local police station. During the booking stage, a police record stating the accused person’s name, time of arrest, and the charges of the arrest, is filed. During the booking stage, a police record stating the accused person’s name, time of arrest, and the charges of the arrest, is filed. The suspect is given a chance to make a phone call to a lawyer, or to someone who can arrange for a lawyer. The suspect is given a chance to make a phone call to a lawyer, or to someone who can arrange for a lawyer. The suspect is placed in a jail cell. The suspect is placed in a jail cell. The case is given to a prosecutor, (district attorney) who will represent the government in court. The case is given to a prosecutor, (district attorney) who will represent the government in court. The prosecutor will lead the government’s case against the suspect. The prosecutor will lead the government’s case against the suspect. If the prosecutor decides that the case against the suspect is weak, the charges may be dropped and the suspect will be released. If the prosecutor decides that the case against the suspect is weak, the charges may be dropped and the suspect will be released.

3. Preliminary Hearing On the day of the arrest, or soon after, the accused person appears in court for a preliminary hearing. On the day of the arrest, or soon after, the accused person appears in court for a preliminary hearing. At this hearing, the government must show a judge that a crime has been committed, and that they have enough evidence to pursue a case. At this hearing, the government must show a judge that a crime has been committed, and that they have enough evidence to pursue a case. The judge may decide to dismiss the case if the government has a lack of evidence. The judge may decide to dismiss the case if the government has a lack of evidence. If the crime could lead to a jail or prison sentence, the person has the right to a lawyer, and will be given one if they cannot afford one (public defender). If the crime could lead to a jail or prison sentence, the person has the right to a lawyer, and will be given one if they cannot afford one (public defender). At this time the accused person (defendant) must enter a plea of guilty, not guilty, or “no contest.” At this time the accused person (defendant) must enter a plea of guilty, not guilty, or “no contest.” A plea of “no contest” means the person is not admitting guilt, but is willing to accept the punishment anyway. A plea of “no contest” means the person is not admitting guilt, but is willing to accept the punishment anyway. Pleading guilty or “no contest” means there is no need for a trial. Pleading guilty or “no contest” means there is no need for a trial.

4. Grand Jury The Constitution states that a grand jury must review cases involving serious federal crimes. (fraud, embezzlement, tax evasion, illegal immigration, kidnapping, terrorism) The Constitution states that a grand jury must review cases involving serious federal crimes. (fraud, embezzlement, tax evasion, illegal immigration, kidnapping, terrorism) Some states also use grand juries for major felonies. Some states also use grand juries for major felonies. The grand jury is a group of 16-23 citizens that help decide whether there is sufficient probable cause. The grand jury is a group of 16-23 citizens that help decide whether there is sufficient probable cause. The grand jury protects the rights of the accused by making sure the charges brought against them are legitimate. The grand jury protects the rights of the accused by making sure the charges brought against them are legitimate. The grand jury may decide to indict, (formal charge against the accused) or refuse to indict. The grand jury may decide to indict, (formal charge against the accused) or refuse to indict. The defendant must appear in court for a felony arraignment. (A court hearing in which the defendant is formally charged with a crime, and enters a plea of guilty, not guilty, or no contest.) The defendant must appear in court for a felony arraignment. (A court hearing in which the defendant is formally charged with a crime, and enters a plea of guilty, not guilty, or no contest.)

5. Pretrial Motions One of the important steps taken before a trial is trying to keep evidence from being used in court. One of the important steps taken before a trial is trying to keep evidence from being used in court. The defense may claim that evidence was obtained through an illegal search, and therefore should not be permitted. The defense may claim that evidence was obtained through an illegal search, and therefore should not be permitted. The judge must decide what evidence can and cannot be used during the trial. The judge must decide what evidence can and cannot be used during the trial. If key evidence is deemed illegal, the prosecutor may be forced to drop the case. If key evidence is deemed illegal, the prosecutor may be forced to drop the case.

6. Plea Bargaining Most criminal cases never go to trial. Most criminal cases never go to trial. The reasons most cases do not go to trial include: The reasons most cases do not go to trial include: 1. Money 1. Money 2. Time Involved 2. Time Involved 3. Small chance of winning (too much incriminating evidence) 3. Small chance of winning (too much incriminating evidence) Many people make a deal with the court called plea bargaining. (agreeing to plead guilty in exchange for a lesser charge or a lighter sentence.) Many people make a deal with the court called plea bargaining. (agreeing to plead guilty in exchange for a lesser charge or a lighter sentence.) Plea bargaining saves the court time and money. Plea bargaining saves the court time and money.

7. Going to Trial Jury Selection: Citizens are randomly called to serve jury duty. Jury Selection: Citizens are randomly called to serve jury duty. Potential jurors are questioned by the prosecution and the defense, in order to determine which jurors will make the most fair decisions. Potential jurors are questioned by the prosecution and the defense, in order to determine which jurors will make the most fair decisions. The Trial: In a trial, both sides make arguments defending their viewpoint, and call upon witnesses to strengthen their arguments. The Trial: In a trial, both sides make arguments defending their viewpoint, and call upon witnesses to strengthen their arguments. The defendant has the right to be present in court, but does not have to answer any questions. (5 th Amendment) The defendant has the right to be present in court, but does not have to answer any questions. (5 th Amendment) After all evidence and questioning is done, the jury must decide whether the defendant is guilty beyond a reasonable doubt. After all evidence and questioning is done, the jury must decide whether the defendant is guilty beyond a reasonable doubt. The jury’s verdict must be unanimous. (usually 12/12) The jury’s verdict must be unanimous. (usually 12/12) If the jury cannot come to a decision, the judge will call a hung jury. (judge will call a mistrial, and the trial will be re-started with a brand new jury) If the jury cannot come to a decision, the judge will call a hung jury. (judge will call a mistrial, and the trial will be re-started with a brand new jury)

8. Sentencing The final step in the criminal justice process is sentencing a guilty person. The final step in the criminal justice process is sentencing a guilty person. Federal and state laws set a minimum and maximum sentence for each crime. Federal and state laws set a minimum and maximum sentence for each crime. The judge will decide the sentence based on a number of factors: The judge will decide the sentence based on a number of factors: 1. the severity of the crime 1. the severity of the crime 2. the age of the criminal 2. the age of the criminal 3. the attitude of the criminal (does the criminal show remorse?) 3. the attitude of the criminal (does the criminal show remorse?) 4. the number of previous crimes committed by the criminal 4. the number of previous crimes committed by the criminal Many people are sentenced to jail or prison time, with the potential for parole. (being set free on a reduced sentence for.) Many people are sentenced to jail or prison time, with the potential for parole. (being set free on a reduced sentence for good behavior.) The main reason why courts offer parole is that it helps clear valuable jail and prison space for the worst criminals. The main reason why courts offer parole is that it helps clear valuable jail and prison space for the worst criminals.

9. Crime Prevention Many people believe the best way to reduce crime is to better educate society. Many people believe the best way to reduce crime is to better educate society. Some believe that harsher penalties are the best deterrent. Some believe that harsher penalties are the best deterrent. Some feel that trying to change a criminal’s outlook on life is most effective. (rehab) Some feel that trying to change a criminal’s outlook on life is most effective. (rehab) Some feel that more funding and support of law enforcement is the best way to lower crime rates. Some feel that more funding and support of law enforcement is the best way to lower crime rates.