1. Attitudinal Survey on the CJS
Is the defendant always treated fairly in a court of law?
Are you more likely to be proven innocent the more money you have?
Is there more or less crime in the US as there was a decade ago?
Should everyone be required to serve on a jury at least once in their life?
Should people be able to appeal only one time if they disagree with the outcome of their trial?
Should a criminal be able to plea bargain?
Does the US have the best CJS in the world?

2. The Adult Criminal Justice Process
What is the sequence of events in the criminal justice system?
Entry into the system
Prosecution and pretrial services
Refusal to indict
Grand jury
Felonies
Unsolved
or not
arrested
Released
without prosecution
Released
without prosecution
Charges
dropped or
dismissed
Charges
dropped or
dismissed
Reported
and
observed
crime
Information
Investi-
gation
Initial
appear-
ance
Prelim-
inary
hearing
Bail or
detention
hearing
Charges
filed
Arrest
Crime
Information
Misdemeanors
Prosecu-
tion as a
juvenile
Unsuccessful diversion
Diversion by law enforcement, prosecutor, or court
Police
juvenile unit
Waived to
criminal court
Intake
hearing
Formal juvenile
court processing
Juvenile
offenders
Informal processing
diversion
Nonpolice referrals
Released or diverted
Released or diverted

3. The Adult Criminal Justice Process
Arraignment
Adjudication
Corrections
Sentencing
and sanctions
Out of system
Out of
system
(registration,
notification)
Revocation
Released
Probation
Conviction
Acquitted
Guilty plea
Charge
dismissed
Reduction
of charge
Trial
Charge dismissed
Convicted
Disposition
Probation or other
nonresidential disposition
Residential
placement
Aftercare
Jail
Alternatives
to incarcera-
tion
Prison
Parole
Habeas
corpus
Pardon
and
clemency
Capital
punishment
Appeal

4. An offense against society Must be reported
Crime
An offense against society
Must be reported

5. Investigation
Police gather and examine evidence to locate a suspect

6. Arrest Seizure of a person- Miranda rights read
Booking- an official record of an arrest; fingerprints and photograph taken

7. Charges Filed First court appearance
Habeas corpus- a right which prevents unlimited detention by the police; they have 24 hours to take the suspect before a judge

8. Preliminary Arraignment
Initial court appearance
Judge decides at first glance of the facts whether to release suspect on bond or hold them in prison until trial
Standard of proof judge uses is called prima facie

9. Preliminary Hearing Must be 3-10 days after the first court appearance
A bail hearing usually happens

10. Grand Jury/Information
A group of 23 citizens who determine if a person will be held for trial
If there is enough evidence they will issue an indictment, an official accusation of a crime
Sometimes the district attorney gather the evidence and issues an indictment- called an “information”

11. Arraignment
Entering a plea of guilty or not guilty as to an indictment

13. Trial
If the jury/judge finds the accused not guilty, then there is an acquittal
If the jury/judge finds the accused guilty, then they are convicted

14. Pre-Sentence Investigation
To determine the best punishment given the limits of law and the record of the convicted
Sentencing
Punishment given

15. The Funnel Effect of the Standard of Proof
Figure 3.5
C3-S6
The Funnel Effect of the Standard of Proof
A. Decisions to be Made,
and by Whom
1. Decision to
approach a
person: police.
2. Stop and frisk: police.
3. Arrest: police, magistrates.
4. First appearance: magistrate.
5. Preliminary hearing: judge.
6. Indictment: grand jury.
7. Conviction: court and/or jury,
defendant’s guilty plea.
8. Sentence to prison: judge.
B. Legal Standard
of Proof
Articulate facts
that crime is afoot
(New York).
Reasonable suspicion.
Probable cause.
Judicial affirmation of
probable cause.
Reasonable grounds to believe
guilty (jacked-up probable cause).
Prima facie case.
Guilt beyond a reasonable doubt.
Judicial discretion within limits of statute.
C. Est. Probability
of Guilt NA
30%
50%
55%
74%
75%
90%
D. Number of Persons Processed
(latest available figures)
2,733,350 (1997)
2,924,800 (1994)
911,842 (1994)
Est. 419,447 (1994)

16. Appeal
Applying for a 2nd trial because of a mistake made in the 1st trial

17. Jail vs. Prison Prison has a greater: # of inmates
length of the sentences
degree of security
number of rehabilitation programs
Jail or prison?

18. Parole being released early from prison for good behavior
-no parole under federal law
-If out on parole, person is on probation

19. Probation
an alternative to prison where a person has a restricted life style (house arrest, drug testing, etc)

21. ____ Preliminary Arraignment ____ Preliminary Hearing ____ Booking
Group A
____Indictment
____Appeal
____Sentencing
____Setting of Bail
____Parole
Group B
____ Grand Jury
____ Probation
____ Preliminary Arraignment
____ Preliminary Hearing
____ Booking