Criminal Justice Process

Only available on StudyMode
  • Download(s) : 129
  • Published : April 17, 2013
Open Document
Text Preview
Criminal Justice Process: Final Study Guide
Chapter 10
A. Impact of Arrests on Court Process:
B. Arrests without a Warrant:
* Most common form of arrest except for arrests made within the home * Must have a warrant before going into someone’s home with the exception of exigent or emergency situations * Examples of these situations: Pursuit or the destruction of evidence Arrests with a Warrant:

* Legal preference-
* Neutral magistrate- someone who is not involved in the arrest * Probable cause- strong form of evidence of criminal activity C. Stop and Frisk:
* Must have reasonable suspicion (even less than probable cause) * Terry V. Ohio- court case that showed what rights constitute being under the 4th amendment * Temporary detention
* Do not have to be read Miranda rights at time of arrest * Police may do a brief pat down but they cannot do a full body cavity search * Police can ask brief and basic questions but it is up to the courts to determine if police were accurate in their stop and frisk D. 4 Ways of Formal Charges in Court:

E. 3 Reasons of Attrition:
* Attrition means “the dropping out of cases from the criminal court process” * Legal judgments- arrest must be based on probable cause * Policy priorities- courts do not have room for every case, they must have priorities when deciding which cases to proceed with * Personal standards of justice- what prosecutors thing is important when looking at cases in the criminal justice system F. Miranda V. Arizona:

* Court case that helped identify what police must inform perpetrators of at the time of arrest in order to protect people from self-incrimination * Voluntary statement- Suspect must understand that voluntary statements can be used to criminate them * Warning- Must be warned that information given can be used in court of law * Waiver- Some people want to talk but do not recognize that they have the option to remain silent * Waiver intelligent and voluntary- Most important aspect of Miranda V. Arizona is that suspects must UNDERSTAND these rights and voluntarily give their waiver G. Key Terms & Concepts:

* Arraignment- The stage of the criminal justice process in which the defendant is formally told their charges and allowed to enter a plea * Arrest- The act of depriving a person of his or her liberty, most frequently accomplished by physically taking an arrestee into police custody for a suspected violation of criminal law * Arrest warrant- A document issued by a judicial officer authorizing the arrest of a specific person * Complaint- Charging document used by the prosecuting attorney for misdemeanors and felonies * Indictment- A formal accusation of a criminal offense made against a person by a grand jury * Information- A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial * Preliminary hearing- A pretrial hearing to determine whether there is probable cause to bind a defendant over for a felony charge * Probable cause- Standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe a specific individual committed it * Reasonable suspicion- The reasons a law enforcement officer is able to articulate for being suspicious of criminal activity. It is the level of proof necessary to conduct a brief Terry-type stop Chapter 11

A. Purpose of Bail:
* The purpose of bail is to assure those arrested return for their required appearances in court; the adversial system assumes everyone is innocent until proven guilty B. Law in Action with Bail:

*
C. The Right to Post Bail:
* The 8th Amendment-
* Stack V. Boyle-
D. Importance Factors in Setting Bail:
* Seriousness of offense charged:
* The weight of the evidence:
* Defendant’s ties to the community:
*...
tracking img