The Criminal Justice Process

The Investigation Phase

Step 1: Arrest

Takes place when a person suspected of a crime is taken into custody. (Considered a “Seizure” under the 4th amendment).

With or without an Arrest Warrant- a court order for a person to be arrested

Judge must have probable cause, which is a reasonable belief that a person has committed a crime, to issue the warrant.

Probable Cause

• Police do not need probable cause to stop someone they believe was involved in criminal activity. They may ask for ID and ask as many questions as are reasonable.

• Anyone who refuses to ID themselves or runs will automatically be arrested.

• If the police believe the suspect is armed they may legally stop and frisk the person.

Search and Seizure

• Search Warrant- issued by a judge convinced that there is a real need to search a person or place.

• An Affidavit must be filed (usually by the police) that presents the facts and circumstances leading the police to want to search the person or place.

Search without a Warrant

• Search incident to a lawful arrest• Stop and Frisk• Consent• Plain View• Hot pursuit • Vehicle Searches • Emergency Situations• Border and airport searches – Handout list – Handout “Drug testing for athletes”

Step 2: Interrogations and Confessions

• After an arrest is made usually questioning or interrogation of the arrested is performed by the police. – Any information collected during this time may be

used against the arrested (as long as they were read their rights)

• Self-incrimination- suspects may remain silent and wait for an attorney

Step 3: Booking • Formal process of making a police record of the

arrest.– Finger printed, mug shoot taken– A judge reads your charges – You are allowed to acquire a lawyer or one is given to

you• In a misdemeanor case the defendant is asked to

enter a plea of guilty or not guilty.• In a felony case a plea is given at the arraignment.

The defendant is entitled to a preliminary hearing where the charges and evidence are reviewed.

Bail and Pretrial Release

• Bail is the amount of money an arrested person can give to the courts in order to be released. The purpose of bail is to ensure the return of the accused to court.

• If a person has no money to post bail or bond they may be released on personal recognizance. This means that the courts believe that this person is not a flight risk and will return.

Step 4: Preliminary Hearing

• Used only in felony cases.• Meant to determine if there is enough evidence for

a trial.• The prosecutor is required to establish that a crime

probably has been committed. • If the judge does not feel there is enough evidence

or that the crime was not committed by the accused the case may be dismissed.

• Prosecution may still submit the case to a grand jury.

Step 4a: Grand Jury

• A grand jury is a group of 16 to 23 charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial for it.

• Anyone tried for a serious crime in a federal court have to have been served a grand jury indictment.

• To secure an indictment the prosecutor must convince the jury that there is “probable cause” that the defendant committed the crime.

Step 5: Felony Arraignment and Pleas

• After an indictment is issued the defendant must enter a plea– Guilty – go straight to sentencing– Not Guilty – the judge will set a date for the trial

(judge or jury)

Plea Bargaining- granting certain concessions to the defendant in exchange for a plea of guilty.