Chapter 5 – Criminal Procedure

The Role of the Police The process by which suspected criminals are identified, arrested, accused and tried in court is called criminal procedure. This process includes many steps beginning with Police investigation.

Police Investigation There are law enforcement officers at every level of government – for example, federal agents, state troopers, and county sheriffs. Police have several goals when investigating:  1. They help determine whether a crime has been committed.  2. They allow officers to identify evidence that can be used a criminal trial.  3. They establish probable cause to arrest suspects and seize evidence.

Arrest and Custody 1. Booking Includes Photograph Fingerprint Depending on crime, a booking officer may take a sample of the suspect’s urine, blood, hair, or clothing. If there was a witness to a crime, an accused person may be put in a lineup.

Before the Trial The initial court appearance is brief. The judge explains the charges. The defendant has the right to plead guilty or not guilty. If the defendant pleads not guilty and decides to waive their right to a jury and their lawyer is present, the judge may hold the trial right then and there. If the defendant pleads guilty, a trial date is set. Depending on the nature of the crime, a criminal is either set free on bail or remanded to prison until their trial.

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Determining Probable Cause Once a prosecutor has taken over the case, he or she must have probable cause to bring a defendant to trial. The prosecutor must show legally obtained evidence, based on availability. Within a few weeks of the arrest, the trial judge holds a hearing to decide if there is probable cause for the trial to continue.

Preliminary Hearing Conducted much like a trial. 1. The Prosecutor Presents Evidence (testimony by witnesses, items gathered in a police investigation). 2. The Defense Attorney presents evidence to show that the defendant is not guilty. THE PURPOSE OF THIS TRIAL IS NOT TO DETERMINE IF THE DEFENDANT IS GUILTY, IT IS TO DETERMINE IF IT IS PROBABLE THAT THE DEFENDANT COULD BE GUILTY. If the Judge or jury determines there is not enough evidence, the charges are dropped and the defendant is released.

Documentation of Charges If the judge or grand jury decides that there is probable cause, the prosecutor must make a formal list of charges against the defendant known as and indictment. The prosecutor gives the list of charges to the judge and the next step is the arraignment.

STOP – TB page 101.

Arraignment A pre-trial court appearance during which a judge reads the charges against a defendant. The judge reminds the defendant of his or her constitutional rights. The judge then asks the defendant (lawyer) to plead guilty or not guilty to each charge listed in the indictment or information.

Plea Bargaining A deal where the prosecutor gives the defendant a “break” in exchange for pleading guilty. Plea bargaining can sometimes be controversial but it is the most practical way for courts from being crowded with huge numbers of cases.

Trial and Sentencing Many people choose to plead not guilty and risk a trial.

Burden of Proof The prosecutor’s responsibility to provide evidence that the defendant committed the crime BEYOND A REASONABLE DOUBT. If it was just possible that the defendant committed the crime than the court CANNOT find them guilty.

The Trial American Courts use the Adversary Process. The two adversaries, or opponents, are the prosecutor and the defendant (mainly the defendant’s attorney). The defendant’s role is either to show that the facts are not as the prosecutor says or offer a valid defense to the charges.

Purposes of Punishment Incapacitation Deterrence Rehabilitation Retribution

The Presentence Report The judge will assign a probation officer to review your past. Based on this report the judge can change or review sentencing.

Incarceration Confinement to a jail or a prison. Indeterminate term – 5 to 10 Determinate term – 15 years.

Alternatives to Incarceration: Probation Suspended Sentence Restitution

Capital Punishment: The Death Penalty, used rarely, is our country’s only form of Capital Punishment. It is most often reserved for cases of first- degree murder where the criminal’s behvior was particularly brutal.