Law-Related Ch. 12-15 Notes The criminal justice process includes everything that happens from the arrest to the punishment of a defendant. I. Arrest: An arrest occurs when a person suspected of a crime is taken into custody. This usually occurs one of two ways: 1. Arrest warrant: A judge issues a court order commanding that the person named be taken into custody (judge issues the warrant based on probable cause).

I. Arrest: Cont’d 2. Probable Cause: Probable cause is the reasonable belief that a person has committed a crime. The authorities can make an arrest based on probable cause if there isn’t time to get a warrant. 3. The authorities don’t need probable cause to stop and question an individual whom they reasonably suspect to be involved in a criminal activity.

II. Searches and Seizures II. Searches and Seizures: The 4th Amendment protects against unreasonable searches and seizures. 1. The authorities must obtain a search warrant from a judge. 2. A search warrant is a legal document describing the area to be searched and what is to be seized. 3. A judge issues a warrant based on probable cause. 4. If a search is found to be unreasonable, then evidence gathered in that search can’t be used in court. This is known as the exclusionary rule.

II. Searches and Seizures Cont’d There are several instances where a search warrant isn’t required a. A search incident to a lawful arrest. The authorities may search a person and the area immediately around them for hidden weapons or evidence. b. Stop and frisk. The authorities may search a person they reasonably think is behaving suspicious and is likely to be armed. c. Consent. A person may voluntarily agree to a search. d. Plain view. A search warrant isn’t necessary to seize an object connected with a crime if it is in plain view and can be seen from a place where an officer has a right to be.

II. Searches and Seizures Cont’d e. Hot pursuit. If the authorities chase a person into a building, they don’t need a warrant to enter. f. Vehicle searches. The authorities don’t need a warrant to search a vehicle if they have probable cause to believe the vehicle contains contraband, which is illegal items. g. Emergency situations. In certain emergencies, the authorities are not required to get a warrant. h. Border/airplane searches. Customs agents are authorized to search without warrants and without probable cause (powers are even broader after 9/11).

III. Interrogations III. Interrogations: Interrogations involve the questioning of a suspect or witness. 1. Suspects or a person accused of a crime have many rights under the U.S. Constitution. 2. Under the 5th Amendment: a. They cannot be forced to incriminate themselves. b. They must be guaranteed due process of the law. Due process basically means their rights must be protected during the process.

III. Interrogations Cont’d 3. Under the 6th Amendment: You have the right to an attorney during questioning. 4. Under the U.S. Supreme Court case of Miranda v. Arizona, the accused must also be informed of their rights before they can be questioned. IV. Booking: Booking is the formal process of making a police record of the arrest. It involves getting personal information, fingerprinting, etc.

V. Initial Appearance V. Initial Appearance: At the initial appearance, the accused: 1. Will be informed of the charges brought against him, as required by the 6th Amendment. 2. Be informed of his rights again. 3. Have a decision made on bail. a. Bail is money or property given to the court as a guarantee that the accused will appear in court. b. Under the 8th Amendment, the bail cannot be excessive. c. Bail can be very high or even denied, depending on the situation.

VI. Preliminary Hearing VI. Preliminary Hearing: The purpose of the preliminary hearing is to determine if there is enough evidence to require the accused to stand trial. 1. All the prosecution must show is that a crime was probably committed and that the accused probably did it. 2. In federal court (and most state courts do this too), the 5th Amendment requires that the accused be indicted by a grand jury. The grand jury listens to the evidence and decides if there is enough probable cause to send the case to trial. The indictment is just a formal accusation of the crime. 3. After the indictment, the accused will appear before the court again to make a plea.

VII. Pre-trial motions VII. Pre-trial motions: This time is used by the defense and prosecution to gather more evidence, interview witnesses and prepare for trial. Plea bargaining can also take place during this time. 1. Plea bargaining is the process of negotiation between the accused, the defense attorney and the prosecution. 2. The prosecution will usually make certain concessions in return for a guilty plea. 3. The plea bargain must be done freely, voluntarily and with knowledge of all the facts. 4. The majority of cases in the U.S. don’t go to trial, they are pled out.

VIII: Trial VIII: Trial: 1. As required by the 6th Amendment, most criminal trials in the U.S. are jury trials. a. Names of prospective jurors are usually taken from voter registration lists. b. The prospective jurors arrive on the assigned day and go through a process called voir dire. 1. Voir dire is where the attorneys for both sides ask the prospective jurors if they can be fair and impartial as they listen to the facts of the case. 2. Jurors determined to be partial can be excluded. Each side also gets a certain number or exclusions for which no reason is necessary.

VIII: Trial Cont’d 2. Also under the 6th Amendment: a. The accused is guaranteed a speedy trial. b. The accused is guaranteed an attorney. c. The accused is guaranteed the right to confront witnesses called against him and to call witness on his own behalf. IX. Sentencing: If the accused is found guilty, then sentencing occurs. 1. In some instances, the sentence is automatically determined by the crime. 2. In some instances, the judge will determine the sentence. 3. In some instances, especially capital offenses, another trial will be held for sentencing purposes.

IX. Sentencing Cont’d 4. There are several types of sentences that can be used: a. Suspended sentence: The sentence is given but doesn’t have to be served. b. Probation: The accused is released to the supervision of a probation officer. c. Home Confinement: A person is confined to their home, only being allowed to leave for work, school or some type of medical emergency. d. Fine: A person is required to pay a monetary fine. e. Restitution: A person is required to pay a certain amount of money to make what they did wrong right.

IX. Sentencing Cont’d f. Work Release: This usually involves some form of community service. Sometimes, the person must remain in jail at night and on the weekends. g. Imprisonment: A person is required to spend a certain amount of time in prison. h. Death Penalty (Capital Punishment): A person is required to die for their crimes. 5. The reasons behind punishment in the U.S.: a. Retribution: Make the person pay for what they did. b. Deterrence: Discourage that type of behavior. c. Rehabilitation: Help the person change their behavior so they can lead useful, productive lives. d. Incapacitation: Hold this person in order to protect the community.