Based on US Constitution The Judicial Process Based on US Constitution

Important amendments: Bill of rights Important amendments: 4th – need probable cause before search or arrest suspect 5th – do not have to testify against oneself; double jeopardy

6th – trial by jury of peers 8th – no excessive bail; no cruel and unusual punishment

Steps 1. Arrested & charged - 4th Amendment – need probable cause; must be read Miranda rights - types of evidence gathering to show probable cause: - Observation - Expertise - Information - Circumstantial Evidence - Needed for search or arrest warrant - crime & cause

2. Arraignment - formally charged - enter plea - set bail (if possible)

3. Discovery - both sides share info - possible plea agreement 4 3. Discovery - both sides share info - possible plea agreement 4. Preliminary hearing - judge determines if there is enough evidence for trial – sets date or dismisses

5. Trial - both sides give evidence to judge & jury - deliberations - in criminal cases, vote must be unanimous - if guilty, sentencing trial

6. Appeal - no new evidence; just legal and procedural errors - up to highest court in state, then US Supreme (very few)