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THE STEPS IN THE CRIMINAL JUSTICE SYSTEM!
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Pre-Pre Trial Activities
Arrest/Investigation: person taken into custody; made by the police; advised of rights (Miranda warnings) -Warrant: issued by judge and provides the legal basis for an apprehension or search by police
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Pre-Pre Trial Activities
2. Booking: after arrest, pictures taken; finger prints made; personal information is given; advised of rights again
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Pre Trial Activities 1. First Appearance: suspect is brought before a judge; judge explains the charges, may or may not be released -Bail bonds- the money (or property) given to the court for the release of the person, pledge that the person will return; bail refunded if shows up for court data
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Pre Trial Activities- In some states….
2. Preliminary Hearing: establish with enough evidence exists against a person to continue the process, competency? Is there probable cause? Facts that would influence a person to believe that a specified person committed the crime Information- formal written accusation that someone committed a crime is reviewed
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Pre Trial Activities- In other states…
2. Grand Jury: usually 23 citizens who hear evidence presented. Eliminate cases for which there is no sufficient evidence -Indictment- formal written accusation submitted to a court, alleging that someone committed a crime
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Pre Trial Activities 3. Arraignment: hearing before a court in which the accused is identified; informed of the charge; told his or her rights; enters a plea (guilty or not guilty??) -Plea Bargaining- negotiating an agreement to reduce trial process
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Trial Activities 1. Trial: examination in court of the issues and relevant law in a case to prove guilty or innocent; more TBA.
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Post Trial Activities 1. Sentencing: if convicted, the type of punishment, for major crimes -Consecutive- if someone is found guilty of more than one charge, they may be ordered to sever one sentence after another -Concurrent- if found guilty of more than one charge, their sentences will run at the same time -Probation- release of an offender with supervision
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Post Trial Activities Sentencing for misdemeanors: - Probation -Fines -Community service -Drug or alcohol rehabilitation
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Post Trial Activities 2. Corrections: facility where the offenders stay -Parole- time of leave from prison after a portion of their sentence has been served
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