1. Criminal Justice Process

2. 1. INVESTIGATION:
After a crime has been Discovered,
evidence is gathered and follow-up
investigations attempt to reconstruct
the sequence of activities leading up to and including the criminal event. Efforts to identify suspects are initiated.
2. WARRANT: An arrest warrant issued by a judge provides the legal basis for an apprehension of suspects by police.
3. ARREST: In an arrest, a person is taken into custody, limiting the arrestee’s freedom. Arrest is a serious step in the process of justice. During arrest and questioning, defendants are usually advised of their constitutional rights, or Miranda Rights.
4. BOOKING: Booking is an administrative procedure where pictures, fingerprints, and personal information are obtained.

3. 4. FIRST APPEARANCE: Within hours of arrest suspects must be brought before a magistrate (a judicial officer) for an initial appearance. The judge will tell the defendant of the charges against them, advise them of their rights, and may provide the opportunity for bail.
6. PRELIMINARY HEARING : The prosecution must produce evidence to show probable cause that the defendant committed the crime. This step is sometimes combined with the initial appearance. The next step depends on if the crime is a misdemeanor or felony. If a misdemeanor the judge will set a date for a trial. If a felony the case will go before the grand jury. The grand jury will decide if there is enough evidence to indict (formally charge) the defendant.

4. THE INITIAL APPEARANCE: Must be held within 48 – 72 hours after arrest in order to protect people from being put in jail and forgotten (habeas corpus).
WRIT OF HABEA CORPUS: A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.
7. INFORMATION: A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.
7a.INDICTMENT: A formal, written accusation submitted by the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

5. 8. ARRAINGNMENT: The first appearance f the defendant before the court that has the authority to conduct a trial. The accused stands before a judge and hear the information, or indictment, against them as it is read. Defendants are again notified of their rights and are asked to enter a plea.
9. ADJUDICATION: A criminal trial may be held, or the defendant may decide to enter a guilty plea. A criminal trial involves an adversarial process that pits the prosecution against the defense. In most trials, a jury hears the evidence and decides issues of guilt or innoncence, while the judge ensures the
Fairness of the proceedings.

6. 10. SENTENCING: After the person has been convicted it is up to the judge to determine the punishment. Prior to sentencing, a sentencing hearing is sometimes held in which attorneys for both sides can present information to influence the judge’s decision. 11. CORRECTIONS: The corrections period begins following sentencing. Corrections involves a variety of sentences that can be imposed on a defendant. (Community Supervision, Community Service, Jail Time, Prison Time, Treatment Programs). 12. REENTRY: Not everyone who has been convicted of a crime goes to prison. Community Supervision (Probation) imposes requirements or restrictions upon offenders. Offenders are required to check in with a probation officer on a regular basis. After a defendant has served a portion of his prison term he may be freed on parole. Like probation, parole may come with obligations and requires the offender to check in with a parole officer.

7. levels of proof Absolute Certainty Beyond a Reasonable Doubt
Criminal Jury Verdict
Non-Suggestiveness of Identification
Clear and Convincing
Civil Trial Decision
Preponderance
Take Case to a Jury
Prima Facie
Arrest, Search, Indictment, Information
Probable Cause
Stop, Frisk, Question
Reasonable Suspicion
Mere Hunch
No Basis for Knowledge
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8. Classifications of Crimes
Class C Misdemeanor
Fine up to $500 (ticket)
Cannot be arrested
Speeding or Open Container
Class B Misdemeanor
Up to 180 days in jail
$2,000 fine
Class A Misdemeanor
Up to 2 years in jail
$4,000 fine

9. Classifications of Crimes
State Jail Felony (SJF):
180 days to 2 years
$10,000 fine
3rd Degree:
2-10 years
2nd Degree:
2-20 years
1st Degree:
5-99 years
$10,000 fine
Capital:
Death
Life without Parole
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10. “Terry Frisk” Terry v. Ohio Unusual Conduct May be armed and dangerous
Protection of self and others
Suspicion of crime and weapon to be used
Careful pat of outer clothing
Alone and no backup
Emotions or behavior of suspects

11. Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

12. Plain-View Doctrine Coolidge v. New Hampshire
The initial intrusion must be lawful or in proper position to view the property.
The discovery must be inadvertent.
It must be immediately apparent that items are evidence of a crime, contraband, or subject to seizure

13. Exclusionary Rule
CCP 38.23
No evidence shall be admitted into a criminal trial that was obtained in violation of constitutional rights
Mapp v. Ohio
Illegally seized evidence could be excluded from both state and federal cases

14. Fifth Amendment Grand jury Double jeopardy Self-incrimination
Due process
Just compensation for government takings

15. Double Jeopardy Exceptions to Double Jeopardy
Convicted and asks for a new trial
Convicted and the case is overturned
The case results in a hung jury
Can be tried at both the state and federal levels for the same crime

16. More On The 5th Amendment
The Grand Jury indictment rule does not apply in a time of war.
You cannot be tried twice for the same offense.
You cannot be forced to be a witness against yourself.
You cannot be arrested, convicted, or executed without due process of law.
The government can seize your land but they have to pay you just compensation. This law is referred to as “Eminent Domain.”
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17. Sixth Amendment Speedy and public trial Impartial jury
Informed of the nature and cause of the accusation
Confrontation of witnesses
Compulsory process of witnesses
Right to an attorney

18. Eighth Amendment No excessive bail No excessive fines
No cruel and unusual punishment

19. Criminal Justice System
Police
Courts
Prisons
The police may arrest people for probable cause.
The police may also arrest a person by securing a warrant from a judge.
A good reason to believe that a suspect has been involved in a crime.
When a person is arrested, it means that he is no longer free to go.
A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

20. Due Process Due process is mentioned twice in the Constitution.
Fifth Amendment: “No person shall…be deprived of life, liberty or property without due process of law.”
Fourteenth Amendment:“No state shall deprive any person of life, liberty or property without due process of law”
Due process is required in ALL areas of the law.