The Criminal Justice System Ch. 20, Section 2 Pp. 542-551

Arrest and Pretrial Process People can be arrested if probable cause exists or if a warrant is issued Must be told Miranda rights. Preliminary hearing – prosecutor shows judge that a crime was committed and enough evidence against defendant

Arrest and Pretrial Process Bail ensures defendant will return for trial Grand jury – reviews cases involving serious federal crimes If judge rules key evidence can not be used at trial, case may be dropped Plea bargaining – may plead guilty for milder punishment (lesser charge or lighter sentence)

Going to Trial Jury selection – attorneys question them to see if they are fair Trial – speedy and public Guilt must be beyond a “reasonable doubt” Sentencing – judges decides between minimum and maximum

Challenges Facing the System So many arrests, not enough judges and court employees More youths under 18 being tried as adults Prisons overcrowded, new construction can not keep up

Proposals for Fighting Crime Prevent crime by attacking root causes of poverty and social problems (e.g., racism) Get tough with mandatory sentencing and the death penalty Rehabilitate by teaching them to live productive lives

Questions What is an indictment? A. the right to make an arrest B. a crime that could send a person to prison for more than one year C. the appointment of a lawyer by the court D. a formal charge against a person accused of a crime

Questions Why might a defendant plead guilty to a crime? A. to get a lawyer appointed by the state B. to appeal his case to the Supreme Court C. to get a lesser charge or a lighter sentence D. to protect his Miranda rights

Questions Which of the following is one result of a plea bargain? A. most criminal cases go to trial B. defendants get milder punishments C. defendants plead not guilty D. it costs the government a lot of money

Questions The Constitution says a grand jury must review all cases that involve which of the following? A. shoplifting B. unsafe driving C. serious federal crimes D. misdemeanors

Questions Why do judges set bail for certain defendants? a. to allow the police to arrest that defendant b. to formally charge the defendant with a crime c. there is a good reason to think the defendant was involved in a crime d. to ensure that the defendant will return for the trial

Questions What can happen if a judge decides that evidence can not be used in a trial? a. the defendant might not have to face a trial b. the prosecutor might charge the defendant with a more serious crime c. the defendant might not get sentenced d. the prosecutor might have to drop charges against the accused

Questions A person can be arrested if which of the following occurs? a. a judge sets bail b. there is no plea bargain c. found guilty d. police have a warrant