53 Questions
What is the central focus of the criminal justice process?
The trial
What is the primary purpose of the criminal justice process?
To ensure the rights of citizens are protected
What is the basis of decision-making in the Criminal Justice System?
Demonstrable facts
What is a key feature of the Criminal Justice System?
It is built on laws
What is the relationship between the judicial and executive branches of government in the criminal justice process?
The judicial branch reviews the actions of the executive branch
Why is it difficult for police officers and the public to grasp the principle of demonstrable facts?
Because it is often at odds with subjective truths
What is the lowest level of certainty required to stop a person to ask questions?
Reasonable suspicion
What is the term for the taking of a person into custody to answer a criminal charge?
Arrest
What is the term for the physical holding of a person or item?
Custody
What is the purpose of a detention?
To ask questions to clear up whether a person is involved in a crime
What is the highest level of certainty required to take a person into custody?
Probable cause
What is the term for the four basic actions that can be taken regarding the seizure of a person?
Amounts of facts
What is the term for the full or nearly full loss of freedom of movement for a set period of time?
Conviction
What is the purpose of a voluntary contact?
To initiate a contact with a person by their own free will
What is the term for the facts and circumstances that would lead a reasonable person to believe two things?
Probable cause
What is the term for the process of investigation, fact-finding, which leads to an arrest?
Criminal investigation
What percentage of certainty is often used to describe probable cause?
51%
What is required for an officer to make an arrest?
Probable cause
What is the purpose of an investigation in a detention situation?
To build probable cause
What is the main difference between probable cause and reasonable suspicion?
Probable cause requires more evidence
What protects officers from civil liability?
Being reasonable
What is the purpose of the entire criminal justice process?
To gather information
What is the role of the system following the decision to arrest?
To catch mistakes
What is the level of certainty required for probable cause?
More likely than not
What is the purpose of an investigation?
To gather evidence
What is the importance of considering the believability of sources when determining probable cause?
It is very important
After the judge signs the warrant, what is the next step in the process?
A formal hearing is held before a judge or grand jury.
What is the primary purpose of an information?
To state the County's intent to prosecute an alleged crime.
What happens if the prosecutor decides to refuse to issue an information?
The suspect is released from custody.
What is the purpose of the grand jury?
To listen to evidence against a suspect and determine if probable cause exists.
What happens if the prosecutor decides to take the case under advisement?
The prosecutor's office continues to investigate the case.
What is the outcome if there is not enough evidence to prosecute a case?
The suspect is released from custody.
What is the primary goal of a democratic legal system?
To uphold societal norms for moral behaviour
What happens when society is not of one mind regarding moral decision-making?
Conflicting values and priorities arise, causing problems in the legal system
What is the danger of the police taking on the role of judge and jury?
It infringes on the rights of the accused, leading to chaos and fascism
Why should police officers not be motivated by moral outrage?
Because it can lead to the infringement of individual rights
What is the main difference between a mob lynching and a police beating?
The police have a constitutional mandate to protect citizens' rights
What is the key distinction between 'guilt' and 'innocence' in the legal system?
Guilt is when there is enough evidence to prove an act, while innocence is when there is not enough evidence
What is the role of the police officer in the criminal justice process?
To gather facts to establish the level of sureness
What is the main goal of the legal system in relation to individual rights?
To protect individual rights and uphold societal norms
What is the primary purpose of the booking process?
To protect the suspect and department from liability
What happens when the public assumes that accused individuals should have no rights?
It undermines individual rights and the legal system
What is the purpose of the warrant application?
To obtain a judicial order for the arrest
What is the time limit for applying for a warrant in Missouri?
24 hours
What is the relationship between morality and legality in the legal system?
They are necessarily separate concepts
What is the consequence of failing to follow the 24-hour rule?
The officer is liable for civil damages
What is the purpose of the information document in the charging process?
To formally charge the suspect
What is the role of the prosecutor's office in the charging process?
To apply for a warrant on behalf of the police
What is the significance of the 1991 Supreme Court decision?
Established the 48-hour rule nationwide
What is the purpose of documenting the suspect's belongings during the booking process?
To protect the suspect from loss of property
What is the relationship between the prosecutor's office and the judiciary in the charging process?
Collaborative
What happens to the suspect if the warrant is not issued within the 24-hour time limit?
The suspect is released
What is the role of the judge in the warrant application process?
To issue the arrest warrant
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 Role of Facts in a Democratic Legal System
- 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.
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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