Criminal Justice Process PDF

M Fo 300  The Criminal Justice Process HASS · crime stage is there a crime ? : · arrest stage can i arrest ? : · prosecution stage Court settlement :...

M Fo 300  The Criminal Justice Process HASS · crime stage is there a crime ? : · arrest stage can i arrest ? : · prosecution stage Court settlement : , trial stage defend against charges guilty/not : , guilty corrections stage figure out what to do now : ·me Org do we have a crime ? · proactive : this crime was not reported to the police , but police stumble upon it ↳ 10 % or less of all crime ↳ types of proactive crimes deal : drug LDlow IvI : Using a radar gun or Kanine dogs reactive : when something is reported to the police ↳ D 90 % or more of all crime In citizen complaint most common L Citizen "gatekeepers" are the people who call police when crime occurs ↳ people report crimes because it feels "serious" and authorities can help ↳ intimidation fear is not the #1 reason for not calling : Bu detecting · crime ↳p patrol (first-responders) Is undercover work ↳ Confidential informant (CI) ↳ victim ↳ witness · decision : do we/do we not investigate ? investigartigation:" can range from a few to a few years days Court decides how many days ↳ Supreme to investigate you get ↳ reasonable time for the crime reasonable suspicion : they must have a reason to suspect that a crime may have been committed ↳ there is a thresh-hold must have a 25 % certainty of a crime occuring , they : ↳ always needs to have probable cause : reasonable belief a crime has been committed and person who committed it ↳ 51 % certainty that a crime was committed bythis person (mistakes Can still be made ↳ ex : officer witness crime use of show up-witness line-up I MISDEMEANOR : Officer must see it happen to arrest ↳ NO P C.. = RELEASE  Etoy facility detention : restraining freedom , handcuff, transportation to ↳ interrogation questioning by authorities : about crime ↳ booking Finger : prints record charges L DNA Swab ↳ no blood ↳ hair swabs ↳ decision : possible release for lack of probable cause after review :: pre-trial release I promise to appear in court ↳ types of bail your own 0 R(your word) , cash bail :. ↳ federal system pre-trial release agency : Proctoration fla : turn from suspect to defendant ↳ file charges : case reviewed by prosecutors wish-list prosecutor looks & facts for particular crime ↳ Of charges when there is enough evidence they make a "complaint" AtamU : If complaint is satisfied, they confront defendant of crime ↳ very first appearance (NOT GUILTY/NON-GUILT) ↳ within 48hrs after arrest excluding weekends/holidays. L defendant will be made known of possible charges ↳ ask defendant to enter a plea (guilty or non-guilty ↳If to you refuse plea-not-guilty to S G : is there enough evidence to prosecutes "QUALITY ↳ add remove charges judge can CONTROL " L Stage deciding on whether this can go to trial by : SECTION reviewing evidence I can the "wishlist" of charges go to trial ? Minimum up preliminary nearing: Most COMMON! Bare show - (No evidence provided 2 ↳) defense , prosecution , judge to uses prosecutors prosecutor charges , word decides grand jury v S. ↳ grand non-adversarial system citizen. involving jury : jurors V S. ↳ jury full of citizens who meet in secrecy. preliminary hearing wished a ↳ prosecutor shows facts of the case and jurors decide both determine probable cause to take defendant otiaa get ↓ threshold of 51% Poled--Attations : ↳ 90 % of all cases plead out (don't go to trial) ↳ deal for gives a guilty plea (shorter sentence) a ↳ prosecutor: defense judge need to be on the same page Hi ↳ guilty ? not guilty ? - L jury Trial 12 Jurors : ↳ bifurcated guilt/sentencing phase : ↳ unanomous verdict needed for conviction ↳ "Mis-trial" : NO CONCLUSION ! ↳ double jeopordy : cannot he convicted/punished for the same crime ↳ does not occur in mistrial because there is no conclusion ↳ bench trial: no jury judge , only Smetencing Ip probation : Zah Li fines ↳a do combo prison/jail a ↳ community service : ↳ appeal lower court judgement I reversable vS harmless. error - BIG MISTAKE if not made not convicted V S. No BIG DEAL Is if there is an error reverse demand for , judgement new trial Gomeenrections : ↳ institutional corrections : Jail/prison ↳Intermediate corrections: probation/parole PROBATION : No prison/minor crimes ↳ house Community corrections arrest, electronic : monitoring - anklet tracking movements  Of criminal justice v S. criminology : 11 17 cause of crime is solutions study of causing to crime based on CJ syst. of crimes components of CJsystem : Police courts corrections east explanations : ↳ code of hammurabi (Basic human nature approach) I people are responsible for the crimes should face "eye they commit punishment for an eye" L earliest record of a crim. system j. ↳ rhetalliation/retribution ↳ Cesare Becarria : ↳ discovered the "criminal mind" "On Crimes ? Punishment 3 Other ↳ Writings " => ↳ Father of the classical school ( CONCLUSION FROM BOOK : J BIGGEST CONTRIBUTION : · "Born Bad Theory" you : are born w/ the I criminal mind the existence of the "Crime is the product of free will " CRIMINAL MIND ! · · humans choose to commit crimes because they can (Rational ACH) · "cost-benefit model" ↳ offender sees criminal opportunity cost ↳ : going to jail for steal. benefit: I have a scooter · In order for crime control # is can go places now · "detrerance" potential costs need to outweigh the benefits to limit crime · Benefits) Cost CRIME : · Benefits