Criminal Justice and Investigation Process

Questions and Answers

What does the 'dark figure of crime' refer to?

Crime statistics collected annually

Crime prevention strategies

Crimes that go unreported (correct)

Crimes that are reported to law enforcement

How does most criminal prosecution typically begin?

As a result of media coverage

Following an investigation by detectives

With a private citizen reporting the crime (correct)

Through random patrols by police officers

What is the role of the first responder in an investigation?

Securing the crime scene and identifying key individuals (correct)

Performing random patrols to deter crime

Releasing suspects after questioning

Conducting a thorough forensic analysis

What defines the legal concept of probable cause?

Sufficient evidence to suggest a suspect's guilt Signup and view all the answers

Which case established the requirement that police use of force must be objectively reasonable?

Graham v. Connor Signup and view all the answers

What is usually the first step in the criminal justice process after a crime is reported?

Conducting a preliminary investigation Signup and view all the answers

Which statement about investigation processes is true?

The preliminary investigation can include securing the crime scene. Signup and view all the answers

Which option best describes the main source of information for the criminal justice system?

Reports made by private citizens Signup and view all the answers

Why are both preliminary and follow-up investigations essential in solving crimes?

They provide comprehensive evidence and solutions. Signup and view all the answers

What constitutes an aspect of reasonable force by police during an arrest?

Acting based on the suspect's behavior Signup and view all the answers

What is the primary purpose of the booking process after an arrest?

To officially record the arrest and identify the suspect Signup and view all the answers

What constitutes a lawful arrest regarding the use of force by police?

Any amount of force necessary to effect the arrest Signup and view all the answers

What key factor influences a prosecutor's decision to charge a suspect?

Availability of evidence to support the case Signup and view all the answers

During an initial appearance, what is typically addressed by the magistrate?

The charges against the suspect and the probable cause Signup and view all the answers

What process typically follows an arrest regarding evidence and charges?

A grand jury is convened without the presence of the defendant Signup and view all the answers

How do modern digital technologies improve the booking process?

By speeding up identifying and recording suspects' information Signup and view all the answers

What happens if a person suspected of a minor offense receives a citation?

They agree to appear in court at a later date Signup and view all the answers

Which of the following statements is true regarding the grand jury process?

The grand jury decides if probable cause exists Signup and view all the answers

What right is guaranteed to every arrestee under the Constitution?

The right to be taken before a judge promptly Signup and view all the answers

What is a common feature of booking at large municipal agencies?

They often have their own holding cells Signup and view all the answers

What system do more populous states use instead of the grand jury system?

Preliminary hearing Signup and view all the answers

In federal courts, who represents the government during criminal prosecutions?

U.S. attorney Signup and view all the answers

What is the gold standard for moving forward to a criminal trial?

Probable cause Signup and view all the answers

What happens if a defendant stands mute during the arraignment?

The court enters a not-guilty plea on their behalf. Signup and view all the answers

Why is a judge's determination of a guilty plea being made knowingly and voluntarily important?

It ensures the defendant's rights are upheld. Signup and view all the answers

What is typically the most common plea entered by a criminal defendant?

Guilty Signup and view all the answers

What does a plea bargain usually involve?

A trade-off for a lenient sentence. Signup and view all the answers

What is reviewed by the grand jury during the federal criminal process?

Evidence presented by the U.S. attorney. Signup and view all the answers

The judge often waits for the results of what report before sentencing in felony cases?

Presentence report Signup and view all the answers

Which of the following is not a key term related to the criminal justice process as discussed?

Defendant's Rights Advocate Signup and view all the answers

Study Notes

Dark Figure of Crime

Unreported crimes known as the "dark figure of crime" highlight the gap in law enforcement awareness.
Criminal justice processes initiate only when crimes come to police attention; hence many crimes never enter the system.

Investigation

Basic investigations begin once a crime is reported, varying from simple inquiries to complex detective work.
Preliminary investigations focus on securing the scene and identifying victims, suspects, and witnesses.
Complex cases necessitate follow-ups conducted by detectives, ensuring thorough case handling.

Arrest

Legal arrests require probable cause, meaning sufficient evidence convinces a reasonable person of the suspect's guilt.
Controversial use of force is regulated by laws that necessitate "objectively reasonable" force in arrests, as established by Graham v. Connor (1989).
Deadly force responses are permitted when lives are endangered, distinguishing them from standard arrest protocols.

Booking

Following an arrest, suspects undergo booking in police holding facilities or jails, depending on jurisdiction.
The booking process entails recording personal information, photographing, and fingerprinting the suspect.
Modern digital technologies streamline identification and record-keeping, ensuring prompt and accurate processing.

Charging

This phase involves police submitting case files to prosecutorial offices for evaluation and decision-making on charges.
The prosecutor assesses evidence to determine if formal charges should be filed, which may vary by jurisdiction (indictments for some, information for others).

Initial Appearance

Arrestees have the right to an initial hearing within hours of arrest, ensuring no illegal detention occurs.
During this appearance, charges are clarified, rights explained, and bail considerations are addressed.
Federal initial appearances ensure defendants receive legal counsel if needed.

Preliminary Hearing and Grand Jury

Grand juries assess evidence to determine if probable cause exists for a criminal trial, traditionally without defendant presence.
Some states utilize preliminary hearings instead, where defendants can attend, ensuring a more streamlined process of determining probable cause.
Probable cause remains the critical standard to advance cases to trial.

Arraignment

Defendants formally encounter the charges during arraignment and enter their pleas, with options typically being guilty or not guilty.
Plea bargains allow defendants to plead guilty for reduced charges or lenient sentencing; over 90% of federal defendants opt for a guilty plea.
Judges must confirm that guilty pleas are made knowingly and voluntarily, impacting subsequent trial outcomes of the defendant.

Key Terms

Fundamental terms include: Arrest, Booking, Charging Document, Graham v. Connor, Grand Jury, Initial Appearance, Plea, Probable Cause, and more, framing the criminal justice processes at each stage.

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Description

Explore the intricacies of the criminal justice system, focusing on the dark figure of crime, investigation techniques, and the legalities of arrests. This quiz delves into how unreported crimes highlight gaps in law enforcement, the steps taken during investigations, and the regulations surrounding arrest protocols. Test your knowledge on these critical aspects of law and order.