The Investigation Phase. An arrest takes place when a person is suspected of crime and taken into custody.

Slides:



Advertisements
Similar presentations
Chapter 14, Section 3 THE RIGHTS OF THE ACCUSED
Advertisements

Section 3 Introduction-1
Supreme Court Cases Use your knowledge of the Bill of Rights to determine how the Supreme Court should rule for each case.
The Government must respect ALL legal rights of all people. It must treat people fairly.
The Investigation Phase Criminal Law and Procedure.
Miranda v. Arizona.
Miranda vs. Arizona 1966.
Plain View Doctrine 1.Item is positioned easily in an officer’s sight. 2.Officer is legally in a position to notice. 3.The discovery of the item is inadvertent.
US Constitution Jeopardy Ms. Buck - Civics. The Articles The Principles The Bill of Rights Criminal Rights I Plead the Fifth
Civil Liberties: Due Process Rights of Accused Persons.
Criminal Justice Process: the investigation – Chp 12 Arrest – Suspect taken into custody 4 th Amendment: The right of the people to be secure in their.
The Criminal Amendments: Rights of the Accused Trends Over Time
Criminal Procedure Week 5. ARREST MADE BY POLICE OR PRIVATE CITIZEN ARRESTED PERSON TAKEN INTO CUSTODY, IN A CASE AND IN MANNER AUTHORIZED BY LAW (P.C.
Arrest An arrest takes place when a person suspected of a crime is taken into custody. Seizure under the 4 th Amendment. Two types of arrests, with a.
Rights of Suspects The Fourth Amendment The Fifth Amendment.
Miranda v. Arizona A Primer. Miranda Background Dealt with the admissibility of statements made during custodial interrogation under the Fifth Amendment's.
RIGHTS OF THE ACCUSED. I. OVERVIEW A. Due Process: The government, in whatever it does, must act fairly and follow established rules. 1.5 th Amendment:
Winning, until proven guilty …. Searches and Seizures The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted.
The 4th & 5th Amendments Search & Seizure Search & Seizure Rights Against Self Incrimination Rights Against Self Incrimination.
Miranda v. Arizona. Facts of the Case Police arrest Ernesto Miranda after the victim identifies him in lineup Police interrogate Miranda for two hours.
Rights of Suspects The Fourth Amendment The Fifth Amendment.
Call to Order These three officers were accused of taking two Baltimore teens out to the county, taking their shoes and cellphone batteries, and leaving.
{ Criminal Trial Procedure What happens when the police arrest a criminal suspect?
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ
Criminal Justice Process Whodunnit: The Investigation.
Plain View Doctrine  Allows a police officer to seize evidence found in “plain view” during a search without a warrant. Also, when officers are carrying.
Law & Justice Chapter 12 Criminal Investigations.
Rights of the Accused Search & Seizure Search & Seizure Right Against Self Incrimination Right Against Self Incrimination Right to Counsel Right to Counsel.
Crime and Due Process. There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question.
Work Smarter NOT Harder 4 th Amendment  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches.
The criminal justice process includes: everything that happens to a person from arrest through prosecution and conviction to release from control of the.
Criminal Justice-- Investigations Chapter 12—Due Process Rights of Suspects under 4 th & 5 th Amendments.
1 Bakersfield College Criminal Justice Charles Feer, JD, MPA Miranda.
LS100 Eight Skills Prof. Jane McElligott.  A Miranda Warning is a statement police must read to a suspect prior to interrogation of the suspect once.
Journal 1.Can a police officer “stop and frisk” you? 2.True or False - The 4th amendment protects us against all searches and seizures 3.Do the police.
 Most cases are handled by state courts  Arrest: When a person suspected of a crime is taken into custody Arrest warrant v. probable cause  A judge.
Criminal Justice Process: The Investigation. Criminal Justice Process The criminal justice process includes everything that happens to a person from arrest.
Chapter 22 Rights of the Accused. A. Protections 1.Nothing can protect you against being accused of a crime 2.5 th, 6 th and 8 th Amendments help protect.
Understanding the Criminal Justice System Chapter 6: Police and the Constitution.
Do Now: 1.When can an officer stop and frisk a person? Analyze the data on pg. 135 of your textbook. 2.What happens after charges are brought against an.
Miranda vs. Arizona Right to Remain Silent.
Criminal Justice Process: The Investigation Mrs. Gurzler.
The Criminal Justice Process
Instructions for using this template. Remember that where I have written “Answer” is the prompt the students will see, and where I have “Question” should.
How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.
Miranda v. Arizona. Ernesto Miranda 1966 Charged & convicted of kidnapping, rape, and armed robbery charges second trial, with his confession excluded.
Arrests and Miranda.  Right to a grand jury  Protection against double jeopardy  Protection against self-incrimination  Right to due process  Custody.
The Investigation.  Right to remain silent  Right to an attorney  No interrogation should take place before they read  Are a result of the US Supreme.
*Most cases are handled by state courts Analyze Figure 12.1 on page 127 to see an overview of the entire criminal justice process.
 When police place someone under arrest, they have to follow certain rules to ensure that the person’s Charter rights are being upheld  In order to.
EMLYN A. RICKETTS, ESQ. Criminal Procedure: The Investigative Phase.
Legal Studies * Mr. Marinello ARRESTS AND WARRANTS.
Essential Question How does the Constitution protect the rights of the accused?
How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.
Chapter 12: Criminal Justice Process ~ The Investigation Objective: Student should be able to correlate how the constitution relates to an investigation.
Criminal Justice Process: The Investigation The criminal justice process includes everything that happens to a person from the moment of arrest, through.
Land Mark Supreme Court Cases Assignment
CRIMINAL JUSTICE PROCESS: THE INVESTIGATION Chapter 12.
DUE PROCESS. Procedural Due Process v. Substantive Due Process Procedural follows a set procedure, the same for all the accused Such as counsel, unreasonable.
Unit 4 Seminar. Tell me what the Miranda warning is and what it means to you.
4th Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.
Crime and Due Process There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question.
Warm-up Has anyone tried to get you to confess to something you didn’t do? How did this happen? Have you ever confessed to something and then regretted.
Constitutional Right to a Fair Trial
Miranda v. Arizona 1966.
The Investigation Chapter 12
THE CRIMINAL JUSTICE PROCESS: THE INVESTIGATIVE PHASE
Arrest Takes place when a person suspected of a crime is taken into custody. A person can be taken into custody one of two ways: - With an arrest.
Defendants’ Rights Edgenuity Lessons 3.4 and 3.5.
Section 5: Knowing Your Rights
Presentation transcript:

The Investigation Phase

An arrest takes place when a person is suspected of crime and taken into custody

An arrest is considered seizure, must be in accordance with 4 th amendment

An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment Typically, an arrest warrant is needed to arrest a person

An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment Typically, an arrest warrant is needed to arrest a person W/o a warrant, there must be probable cause

An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment Typically, an arrest warrant is needed to arrest a person W/o a warrant, there must be probable cause Drug Courier Profile- allows police to stop and question individuals that fit the profile of a drug courier

In making an arrest, an officer may use as much force as is reasonably necessary to make the arrest

Deadly force is limited to incidents involving dangerous and/or threatening subjects

In making an arrest, an officer may use as much force as is reasonably necessary to make the arrest Deadly force is limited to incidents involving dangerous and/or threatening subjects Supreme Court ruled that:

“deadly force may not be used unless it is necessary to prevent the escape, and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical harm to the officer or others

Interrogations and Confessions

It is standard following an arrest for the police to interrogate a suspect

Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspects constitutional rights

Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspects constitutional rights The 5 th amendment provides citizens the right against self-incrimination

Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspects constitutional rights The 5 th amendment provides citizens the right against self-incrimination Self-incrimination- giving evidence that would subject oneself to criminal procedures

6 th amendment, assistance of an attorney

Miranda v. Arizona and Gideon v. Wainwright