1. Procedural Law By Felix Romero

2. Review-Procedural Law “Mandates the steps in the criminal justice process and provides legal protections for criminal suspects, defendants, and convicted offenders” (Smith 2003). “Mandates the steps in the criminal justice process and provides legal protections for criminal suspects, defendants, and convicted offenders” (Smith 2003). Legal protections from governmental actions are known as constitutional rights. Legal protections from governmental actions are known as constitutional rights.

3. The Criminal Justice Process Investigation Investigation Searching for Evidence Searching for Evidence Interviewing and Questioning Interviewing and Questioning Arrest Arrest Pretrial Process Pretrial Process Initial Appearance Initial Appearance Bail Bail Preliminary Hearing Preliminary Hearing Grand Jury Grand Jury Trial Trial Trial Process Trial Process Trial Decision Trial Decision

4. Investigation Searching for evidence Searching for evidence Officers employ broad discretion in conducting investigations. Officers employ broad discretion in conducting investigations. Individuals are protected by the 4 th Amendment which requires the officer to have sufficient information to constitute “probable cause” in order to seek a search warrant (Smith 2003). Individuals are protected by the 4 th Amendment which requires the officer to have sufficient information to constitute “probable cause” in order to seek a search warrant (Smith 2003). However, the U.S. Supreme Court has defined certain situations where the police officers can conduct warrantless searches. However, the U.S. Supreme Court has defined certain situations where the police officers can conduct warrantless searches.

5. Investigation Con’t “The purpose of the warrant requirement is to ensure that a neutral, detached decision maker determines that there is an adequate justification before criminal justice officials invade a person’s property” (Smith 2003). “The purpose of the warrant requirement is to ensure that a neutral, detached decision maker determines that there is an adequate justification before criminal justice officials invade a person’s property” (Smith 2003). Interviewing and Questioning Interviewing and Questioning 5 th Amendment protects people from compelled self-incrimination, and the 6 th Amendment guarantees the right to counsel. 5 th Amendment protects people from compelled self-incrimination, and the 6 th Amendment guarantees the right to counsel. Limits police activities in questioning suspects. Limits police activities in questioning suspects.

6. Arrest Police can make arrest without warrants in two situations (Smith 2003): Police can make arrest without warrants in two situations (Smith 2003): Use their discretion to make arrest when they have probable cause to believe that a person is committing or has committed a felony. Use their discretion to make arrest when they have probable cause to believe that a person is committing or has committed a felony. Officers can make warrantless arrest for misdemeanors committed in their presence that involves a breach of the peace. Officers can make warrantless arrest for misdemeanors committed in their presence that involves a breach of the peace.

7. Pretrial Process Initial Appearance Initial Appearance Serves several important purposes (Smith 2003): Serves several important purposes (Smith 2003): If it was a warrantless arrest, the judge must determine if there was probable cause. If it was a warrantless arrest, the judge must determine if there was probable cause. Judge informs suspect of their rights. Judge informs suspect of their rights. Judge appoints counsel if the suspect deems that he or she is too poor to afford one. Judge appoints counsel if the suspect deems that he or she is too poor to afford one. Bail Bail Judge sets up bail after the initial hearing. Judge sets up bail after the initial hearing. Involves the suspect putting forward money or property that will be forfeited if he or she does not appear in court. Involves the suspect putting forward money or property that will be forfeited if he or she does not appear in court.

8. Pretrial Process Con’t Initial Hearing Initial Hearing Prosecutor and police present evidence to persuade a judge that there is sufficient evidence to pursue criminal charges (Smith 2003). Prosecutor and police present evidence to persuade a judge that there is sufficient evidence to pursue criminal charges (Smith 2003). Grand Jury Grand Jury A body of citizens from the community to hear evidence from witnesses to determine if the suspect should be charged. A body of citizens from the community to hear evidence from witnesses to determine if the suspect should be charged.

9. Grand Jury If the grand jury determines that there is sufficient evidence, then they issue an indictment which serves as a formal charging mechanism (Smith 2003). If the grand jury determines that there is sufficient evidence, then they issue an indictment which serves as a formal charging mechanism (Smith 2003). The suspect then goes to the arraignment and is informed of the charges lodged by the prosecutor and/or grand jury (Smith 2003). The suspect then goes to the arraignment and is informed of the charges lodged by the prosecutor and/or grand jury (Smith 2003).

10. Plea Bargaining Defendant agrees to enter a guilty plea in exchange for lighter sentencing. Defendant agrees to enter a guilty plea in exchange for lighter sentencing. Many cases are resolved by plea bargaining (Smith 2003). Many cases are resolved by plea bargaining (Smith 2003).

11. Trial Trial Process Trial Process Jury is selected. Jury is selected. Potential jurors may be excluded on two challenges (Smith 2003). Potential jurors may be excluded on two challenges (Smith 2003). Challenges for cause state that a juror should be excluded because of his or her biases. Challenges for cause state that a juror should be excluded because of his or her biases. Peremptory challenges are exemptions that the prosecutor and defense attorney can use to exclude a juror for no reason. Peremptory challenges are exemptions that the prosecutor and defense attorney can use to exclude a juror for no reason. Limited Limited

12. Trial Con’t Trial Decision Making Trial Decision Making Prosecutor bears the burden of proof. Prosecutor bears the burden of proof. Prosecutors must demonstrate guilt “beyond a reasonable doubt” for criminal charges, and a “preponderance of evidence” for civil charges (Smith 2003). Prosecutors must demonstrate guilt “beyond a reasonable doubt” for criminal charges, and a “preponderance of evidence” for civil charges (Smith 2003).

13. References Smith, C.E. (2003). Criminal procedure. Belmont, CA: Wadsworth/Thomson Learning, Inc. Smith, C.E. (2003). Criminal procedure. Belmont, CA: Wadsworth/Thomson Learning, Inc.