Criminal Justice Process Unit 4

Criminal Justice Process Crime Investigation Arrest Booking Preliminary Hearing Bail / Bond Grand Jury Indictment Arraignment 9. Plea Bargaining 10. Jury Selection (Voir Dire) Trial by Jury Bench Trial Sentencing 14. Appeal

Criminal Justice Process 1. Crime Violation of societal rules of behavior as interpreted by a legal code: the Texas Penal Code A prosecutor is supposed to charge an offender with a crime and to prosecute the case if after full investigation three conditions are met:

1. Crime or Initial Contact Criminal Justice Process 1. Crime or Initial Contact * They find that a crime has been committed, * A perpetrator can be identified, * There is sufficient evidence to support a guilty verdict.

1. Crime or Initial Contact Criminal Justice Process 1. Crime or Initial Contact Prosecutors sometimes choose not prosecute for any of the following 9 reasons: * Offense did not cause sufficient harm they may be overworked and understaffed.

1. Crime or Initial Contact Criminal Justice Process 1. Crime or Initial Contact * The relationship between the statutory punishment and the offense/offender, First time offender. Prosecutors may impose their own sanctions. * Improper motive of the complainant. Spouse cries out abuse in order to charge husband with a crime after discovering they were cheating on them.

1. Crime or Initial Contact Criminal Justice Process 1. Crime or Initial Contact * The particular law has not violated or complained on for a long time: The Blue Law * The victim refuses to testify: Rape Victim * Concerns of welfare of the victim/offender: child abuse or mental illness

1. Crime or Initial Contact Criminal Justice Process 1. Crime or Initial Contact * The accused person cooperates in the apprehension or conviction of other criminal offenders; cut deals for lesser sentences * The accused is wanted for a more serious crime in another jurisdiction. * Offender is on parole when he/she commits a new crime. Offenders is sent back to prison.

Criminal Justice Process 2. Investigation An investigation is an inquiry concerning suspected criminal behavior for the purpose of identifying offenders, gathering information and evidence to help the prosecution apprehend the criminal.

Criminal Justice Process 3. Arrest Seizing or detaining of a person by a lawful authority. You must have Probable Cause for arrest. Probable Cause basically means that a Law enforcement Officer or a judge has trustworthy evidence that would make a reasonable person believe that the arrest is justified.

Criminal Justice Process 4. Booking The administrative recording of an arrest. It is the process by which a suspect’s name, the charges they have been arrested for, and fingerprints/photographs are entered into police record. This usually takes place at the jail. In many cases, the prosecutor will review the case and determine if there is enough evidence to charge the offender or more evidence is needed.

Criminal Justice Process 4. Booking If the prosecutor accepts the charges, than a Complaint is filed. A complaint is a charging document that specifying that an offense has been committed by a person/persons named or described.

Criminal Justice Process 5. Preliminary Hearing The purpose is for a judge to determine whether there is probable cause to support the charges imposed by the prosecutor on a defendant. Preliminary hearings are used in felony cases only. Defendants may waive the rights to the Preliminary hearing. The defendant is given an initial court date. This process usually takes place within the first 24 hours of incarceration. Bond is set at this time.

Criminal Justice Process 6. Bail or Bond The 8th amendment states that every citizen is entitled to a bond/bail being set because, everyone is presumed innocent until proven guilty. This is a monetary guarantee of 10% of the amount set by the judge. The Prosecutor makes the initial recommendation on the amount of the Bail. This is supposed to ensure that the defendant will appear in court.

Criminal Justice Process 6. Bail or Bond There are three influences on a judge to determine the amount of Bail set: ties to the community, likelihood of appearance, the more serious the crime the higher the amount, and, prior criminal history.

7. Grand Jury Indictment (Felony Cases only) Criminal Justice Process 7. Grand Jury Indictment (Felony Cases only) A group of 12 to 23 citizens who for a specific period of time (usually about 3 months) will meet in closed session to review charges. The primary purpose is to determine whether there is probable cause to believe the accused committed the crime charged by the prosecutor.

7. Grand Jury Indictment (Felony Cases only) Criminal Justice Process 7. Grand Jury Indictment (Felony Cases only) The prosecutor’s evidence and witnesses are the only one’s heard. This is done only on Felony cases. An Indictment is the written accusation charging that one or more persons committed a crime.

Criminal Justice Process 8. Arraignment A pretrial stage; its primary purpose is to hear the formal information or indictment and to allow the defendant to enter a plea.

Criminal Justice Process 8. Arraignment Pleas: * Guilty- admission of guilt * Not guilty – most common * nolo contendre – Latin for no contest. When defendants plea nolo, they do not admit guilt but are willing to accept punishment anyway. * Not guilty by reason of insanity

Criminal Justice Process 9. Plea Bargain There are three basic types of plea bargains: 1)      The defendant may be allowed to plead guilty to a lesser offense 2)      At the request of the prosecutor, a defendant who pleads guilty may receive a lighter sentence. However, judges do NOT have to accept the request.

Criminal Justice Process 9. Plea Bargain There are three basic types of plea bargains: 3) The defendant may plead guilty to one charge in return for the prosecutor’s promise to drop other charges that could be brought.

Criminal Justice Process 9. Plea Bargain All guilty pleas are the result of plea bargaining. It serves the interest of all court participants by, among other things, reducing court caseloads. It also guarantees high conviction rates.

10. Jury Selection (Voir dire) Criminal Justice Process 10. Jury Selection (Voir dire) The process in which potential jurors, who might be biased or unable to render a fair verdict, are screened out. These jurors are selected from a master list of eligible people called a venire. (Sometimes called the master wheel or jury wheel)

10. Jury Selection (Voir dire) Criminal Justice Process 10. Jury Selection (Voir dire) Potential jurors must generally be: ·        US citizens ·        Residents of the locality of the trial, ·        Certain minimum age ·        Able to understand English

10. Jury Selection (Voir dire) Criminal Justice Process 10. Jury Selection (Voir dire) Convicted felons and insane people may NOT serve. Many jurisdictions require that jurors be of Good Character and/or be well informed.

10. Jury Selection (Voir dire) Criminal Justice Process 10. Jury Selection (Voir dire) During the Voir dire, which means to speak the truth, the defense, the prosecution, and the judge question jurors about their background and knowledge of the case and the defendant.

Criminal Justice Process 11. Trial by Jury The principle purpose of jury (and bench trials) is to discover the truth of whether the defendants are guilty or innocent of the crimes with which they are charged. The burden of proof is on the prosecution to show, beyond a reasonable doubt, that the defendant is guilty.

Criminal Justice Process 11. Trial by Jury The goal of the defense is to discredit the prosecution’s case and create reasonable doubt about the defendant’s guilt. Jury trials are relatively rare. Approximately 90% of all criminal cases are resolved through guilty pleas (Plea Bargains)

Criminal Justice Process 12. Bench Trial A trial before a judge without a jury

13. Sentencing (Probation or Prison) Criminal Justice Process 13. Sentencing (Probation or Prison) Stage of the Criminal Justice process where a defendant is either found Guilty or Not Guilty in a trial. There are guidelines that are set up by each state that provide punishment ranges of sentences for most offenses, based on the seriousness of the crime and the criminal history of the offender.

Criminal Justice Process 14. Appeal Defendants can appeal their convictions either on legal grounds or on constitutional grounds. NOTE: New evidence or testimony is not allowed during the appeal process. Generally, Notice of intent to appeal must be filed with the court within 30 to 90 days after the conviction.