Criminal Justice Process
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Questions and Answers

What is the central focus of the criminal justice process?

  • The sentencing
  • The investigation
  • The appeal
  • The trial (correct)

    • What is the primary purpose of the criminal justice process?

  • To maintain social order
  • To punish criminals
  • To ensure the rights of citizens are protected (correct)
  • To uphold the law

    • What is the basis of decision-making in the Criminal Justice System?

  • Legislative decrees
  • Personal opinions
  • Moral principles
  • Demonstrable facts (correct)

    • What is a key feature of the Criminal Justice System?

    <p>It is built on laws</p> Signup and view all the answers

    What is the relationship between the judicial and executive branches of government in the criminal justice process?

    <p>The judicial branch reviews the actions of the executive branch</p> Signup and view all the answers

    Why is it difficult for police officers and the public to grasp the principle of demonstrable facts?

    <p>Because it is often at odds with subjective truths</p> Signup and view all the answers

    What is the lowest level of certainty required to stop a person to ask questions?

    <p>Reasonable suspicion</p> Signup and view all the answers

    What is the term for the taking of a person into custody to answer a criminal charge?

    <p>Arrest</p> Signup and view all the answers

    What is the term for the physical holding of a person or item?

    <p>Custody</p> Signup and view all the answers

    What is the purpose of a detention?

    <p>To ask questions to clear up whether a person is involved in a crime</p> Signup and view all the answers

    What is the highest level of certainty required to take a person into custody?

    <p>Probable cause</p> Signup and view all the answers

    What is the term for the four basic actions that can be taken regarding the seizure of a person?

    <p>Amounts of facts</p> Signup and view all the answers

    What is the term for the full or nearly full loss of freedom of movement for a set period of time?

    <p>Conviction</p> Signup and view all the answers

    What is the purpose of a voluntary contact?

    <p>To initiate a contact with a person by their own free will</p> Signup and view all the answers

    What is the term for the facts and circumstances that would lead a reasonable person to believe two things?

    <p>Probable cause</p> Signup and view all the answers

    What is the term for the process of investigation, fact-finding, which leads to an arrest?

    <p>Criminal investigation</p> Signup and view all the answers

    What percentage of certainty is often used to describe probable cause?

    <p>51%</p> Signup and view all the answers

    What is required for an officer to make an arrest?

    <p>Probable cause</p> Signup and view all the answers

    What is the purpose of an investigation in a detention situation?

    <p>To build probable cause</p> Signup and view all the answers

    What is the main difference between probable cause and reasonable suspicion?

    <p>Probable cause requires more evidence</p> Signup and view all the answers

    What protects officers from civil liability?

    <p>Being reasonable</p> Signup and view all the answers

    What is the purpose of the entire criminal justice process?

    <p>To gather information</p> Signup and view all the answers

    What is the role of the system following the decision to arrest?

    <p>To catch mistakes</p> Signup and view all the answers

    What is the level of certainty required for probable cause?

    <p>More likely than not</p> Signup and view all the answers

    What is the purpose of an investigation?

    <p>To gather evidence</p> Signup and view all the answers

    What is the importance of considering the believability of sources when determining probable cause?

    <p>It is very important</p> Signup and view all the answers

    After the judge signs the warrant, what is the next step in the process?

    <p>A formal hearing is held before a judge or grand jury.</p> Signup and view all the answers

    What is the primary purpose of an information?

    <p>To state the County's intent to prosecute an alleged crime.</p> Signup and view all the answers

    What happens if the prosecutor decides to refuse to issue an information?

    <p>The suspect is released from custody.</p> Signup and view all the answers

    What is the purpose of the grand jury?

    <p>To listen to evidence against a suspect and determine if probable cause exists.</p> Signup and view all the answers

    What happens if the prosecutor decides to take the case under advisement?

    <p>The prosecutor's office continues to investigate the case.</p> Signup and view all the answers

    What is the outcome if there is not enough evidence to prosecute a case?

    <p>The suspect is released from custody.</p> Signup and view all the answers

    What is the primary goal of a democratic legal system?

    <p>To uphold societal norms for moral behaviour</p> Signup and view all the answers

    What happens when society is not of one mind regarding moral decision-making?

    <p>Conflicting values and priorities arise, causing problems in the legal system</p> Signup and view all the answers

    What is the danger of the police taking on the role of judge and jury?

    <p>It infringes on the rights of the accused, leading to chaos and fascism</p> Signup and view all the answers

    Why should police officers not be motivated by moral outrage?

    <p>Because it can lead to the infringement of individual rights</p> Signup and view all the answers

    What is the main difference between a mob lynching and a police beating?

    <p>The police have a constitutional mandate to protect citizens' rights</p> Signup and view all the answers

    What is the key distinction between 'guilt' and 'innocence' in the legal system?

    <p>Guilt is when there is enough evidence to prove an act, while innocence is when there is not enough evidence</p> Signup and view all the answers

    What is the role of the police officer in the criminal justice process?

    <p>To gather facts to establish the level of sureness</p> Signup and view all the answers

    What is the main goal of the legal system in relation to individual rights?

    <p>To protect individual rights and uphold societal norms</p> Signup and view all the answers

    What is the primary purpose of the booking process?

    <p>To protect the suspect and department from liability</p> Signup and view all the answers

    What happens when the public assumes that accused individuals should have no rights?

    <p>It undermines individual rights and the legal system</p> Signup and view all the answers

    What is the purpose of the warrant application?

    <p>To obtain a judicial order for the arrest</p> Signup and view all the answers

    What is the time limit for applying for a warrant in Missouri?

    <p>24 hours</p> Signup and view all the answers

    What is the relationship between morality and legality in the legal system?

    <p>They are necessarily separate concepts</p> Signup and view all the answers

    What is the consequence of failing to follow the 24-hour rule?

    <p>The officer is liable for civil damages</p> Signup and view all the answers

    What is the purpose of the information document in the charging process?

    <p>To formally charge the suspect</p> Signup and view all the answers

    What is the role of the prosecutor's office in the charging process?

    <p>To apply for a warrant on behalf of the police</p> Signup and view all the answers

    What is the significance of the 1991 Supreme Court decision?

    <p>Established the 48-hour rule nationwide</p> Signup and view all the answers

    What is the purpose of documenting the suspect's belongings during the booking process?

    <p>To protect the suspect from loss of property</p> Signup and view all the answers

    What is the relationship between the prosecutor's office and the judiciary in the charging process?

    <p>Collaborative</p> Signup and view all the answers

    What happens to the suspect if the warrant is not issued within the 24-hour time limit?

    <p>The suspect is released</p> Signup and view all the answers

    What is the role of the judge in the warrant application process?

    <p>To issue the arrest warrant</p> Signup and view all the answers

    Study Notes

    The Criminal Justice Process

    • The criminal justice process centers on the trial, but most of the process occurs prior to the trial.
    • The process involves an implementation of the system of checks and balances to ensure that the judicial branch hears cases that the executive branch wishes it to, and that the judicial branch can review the actions of the executive branch.
    • The criminal justice system operates on facts, not on what seems true or morally right.
    • Demonstrable facts are required to justify any legal action.
    • The legal system upholds societal norms for moral behavior, but problems arise when society is not unanimous on moral decisions or prioritizes conflicting values.

    The Process

    • The criminal justice process involves the following steps:
      • Detention and arrest
      • Booking procedure
      • Application for a warrant
      • Charging of the suspect (by the prosecutor or grand jury)
      • Issuance of a warrant
      • Arraignment
      • Preliminary hearing or grand jury hearing
      • Trial

    Detention and Arrest

    • Detention is a temporary stop to ask questions to determine if a person is involved in a crime.
    • Arrest is the taking of a person into custody to answer a criminal charge.
    • Probable cause is required for an arrest, which is the facts and circumstances that would lead a reasonable person to believe a crime has been committed and the person arrested committed it.

    The Four "Amounts of Fact"

    • Voluntary contact: stopping to talk to an officer at one's own free will
    • Detention: an investigative detention to determine if a person is involved in a crime
    • Arrest: a full seizure of a person to answer a criminal charge
    • Conviction: the full or nearly full loss of freedom for a set period of time as punishment for a crime

    Investigation

    • Between detention and arrest, some investigation occurs to build probable cause.
    • This may involve asking questions, checking identification, and conducting an eyewitness identification.

    Booking

    • Booking is a police administrative procedure to protect the suspect and department from civil liability.
    • It involves collecting the suspect's belongings, establishing identity, and stating the charge for which they were arrested.

    Warrant Application

    • After arrest, a warrant application is made to a judge to obtain a judicial order for the arrest.
    • The application is made to the prosecuting attorney's office, and a judge issues the warrant if there is probable cause.

    Charging Procedure

    • The charging process involves the prosecutor issuing an information document, which states the County's intent to prosecute an alleged crime.
    • The grand jury may be involved in the charging process.
    • The prosecutor may issue the information, refuse to issue it, take it under advisement, or send it to the grand jury.

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    Description

    Explore the criminal justice process, including the trial and its surrounding procedures. Understand the role of checks and balances in this system.

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