1. Criminal Prosecution Process
May 4, 2017

2. Police have discretion.
Arrest
Police officers arrest suspects when in their professional judgment they believe that a crime has been committed and there is probable cause that the suspects are guilty of the crime.
Police have discretion.

3. What’s the worst that can happen?
Edgar is at a party with a bunch of guys. People are drinking. A juvenile that Edgar just met asks him to drive him to an ATM machine and Edgar agrees. Edgar pulls up and the juvenile jumps out of the car. Edgar observes the juvenile get into a tussle with another man. Edgar hears a loud noise, maybe a shot. The juvenile jumps in the car and tells Edgar to drive off. He does. The police subsequently stop and arrest both Edgar and the juvenile. They accuse the juvenile of robbing and killing the man at the ATM. Can Edgar be charged as well?

4. Texas Law of Parties
The worst that can happen to Edgar is that he can be charged with capital murder and given the death penalty. Under the Texas law of parties, a participant in a crime is as guilty as the most culpable offender.
Isn’t it ironic? Although Edgar could be executed, the juvenile could not be put to death because he is a juvenile.

5. Why is the clearance rate higher for violent crimes?
The clearance rate is the proportion of crimes known to authorities for which an arrest is made. The clearance rate varies, depending on the offense. It is highest for violent crimes against persons; it is lowest for nonviolent crimes against property
Police prioritize violent offenses. Also, more evidence may be available, especially witnesses.
Why is the clearance rate higher for violent crimes?

6. Answer: The Constitution guarantees due process of law.
“Everyone knows that the defendant is guilty. Why bother with a trial?”
The 5th and 14th Amendments declare that no person shall be deprived of “life, liberty, or property, without due process of law." The government must follow fair and regular procedures in actions that could lead to an individual's suffering loss of life, liberty, or property.
Due process means that people accused of crimes are entitled to their day in court.
Due Process of Law
Answer: The Constitution guarantees due process of law.

7. Searches and Seizures
Because of the 4th Amendment, police need a warrant (that is, an official authorization issued by a judicial officer) for most searches of persons or property. Judges or other magistrates issue warrants after the law-enforcement authorities have shown probable cause that certain items will be found.

8. Exclusionary Rule
The exclusionary rule is the judicial doctrine stating that when the police violate an individual's constitutional rights, the evidence obtained as a result of police misconduct or error cannot be used against the defendant in a criminal prosecution.

9. Mapp v. Ohio
The Supreme Court established the exclusionary rule for federal authorities in 1914 in the Weeks Case. In 1961, the Supreme Court extended the exclusionary rule to the states in the case of Mapp v. Ohio.

10. Booking
After making an arrest, a police officer takes the suspect to a police station or substation to be booked. Booking is an administrative procedure in which law enforcement personnel document a suspect's arrest.

11. Arraignment
If charges are filed, suspects are brought before a judge for arraignment, which is a judicial proceeding at which a suspect is formally charged with a crime and asked to enter a plea.

12. Miranda Warning
Criminal suspects have the right to remain silent and to know that anything they say may be used against them. They have the right to discontinue an interview at any time. They also have the right to an attorney and, if they cannot afford to hire one, they have the right to a lawyer appointed by the state.

13. Miranda v. Arizona (1966)
In Miranda v. Arizona, the Supreme Court ruled that the prosecution could not use a statement against an accused person in a court of law unless the authorities observed adequate procedural safeguards to ensure that the statement was obtained "voluntarily, knowingly, and intelligently."

14. Gideon v. Wainwright (1963)
The Sixth Amendment grants defendants the right to legal counsel. In Gideon v. Wainwright, the Supreme Court ruled that states must provide attorneys for indigent defendants charged with serious crimes.

15. Bail
The arraigning judge sets bail. Bail is money or securities posted by accused persons to guarantee their appearance at later proceedings.
The factors affecting the amount of bail are a defendant’s ties to the community and the seriousness of the offense.

16. Grand jury indictment
The Texas Constitution requires a grand jury indictment in all felony cases unless the defendant waives that right. An indictment is a formal accusation charging an individual with the commission of a crime. A grand jury is a body of 12 citizens who hears evidence presented by the prosecuting attorney and decides whether to indict an accused person.

17. Trial by jury
The Texas Constitution guarantees trial by jury for both misdemeanors and felonies (although defendants may waive the right).

18. Plea Bargaining
More than 70 percent of felony cases in Texas end with guilty pleas, usually the result of a plea bargain, a procedure in which a defendant agrees to plead guilty in order to receive punishment less than the maximum for an offense.

19. Sentencing
Except for Class C misdemeanor cases, sentencing is a distinct second phase of the trial proceeding in Texas. Both prosecution and defense may present evidence and arguments in behalf of a stiffer or lighter sentence.

20. Probation
With a few exceptions, Texas law permits the judge or jury to grant probation, which is the suspension of a sentence, permitting the defendant to remain free under court supervision.

21. These are national data.
Probation Rate
Probation is much more common than prison for a number of reasons, including expense.
These are national data.

22. What You Have Learned What are the grounds for a lawful arrest?
What takes place after an arrest?
What are grand juries?
How are trials conducted?
What are sentencing procedures in Texas?