Quiz 2

Pre Arrest investigation

Everything that takes place before a suspect is arrested. ( Officers must receive a call that a crime has taken place)

Pre-arrest activities

Taping off crime scene, search for physical evidence, Bouie sweep of the area outside the yellow tape, interview witnesses, victims, informants, and review surveillance

Arrest

Taking alleged law-violators into custody (suspects)

Warrants

A court order that comes from a judge/magistrate/ district justice (Authorizing certain actions)

Arrest Warrant

Detail specific crimes

Search warrant

Permits police officers to search through specific items (Vehicle, Property, Body)

Bench Warrant

Directly from the District Justice or magistrate.

Booking

administrative procedures to furnish personal background info to bonding company or police dept.

Booking activities

• Transported to the police station

• Arrest charges are placed in the log

• A suspect is questioned, photographed, Miranda Warning, dna swab, may be asked to participate in a Line up.

Bail

A temporary release from confinement with a promise to return on a certain date and time

R.O.R (release on own recognizance)

A person is released on their word that they will return for court (low level offenders) no risk to themselves or others.

Cash bail

10% of the bail is posted.

Property Bail

Suspect put their home or vehicle(s) up for bail. If the suspect does not return; they will lose their property.

Bail Bonds Service

an agency that posts bail for the suspect.

Bail is based on…

eligibility- whether a threat to society or self or whether they will skip bail or not. (8th amendment)

Initial Appearance

Generally within 72 hours unless an extended holiday.

What 3 things do prosecutors consider?

1. Adequacy of evidence

2. Presence or absence of eyewitnesses

3. Seriousness of crime (to determine whether or not to begin proceedings)

Prosecutors screen cases to determine…

which has the highest probability of a conviction and also establishes priority (murder or car theft).

Diversion

A temporary suspension where suspects are required to remain law-abiding for specified periods… after fulfilling suspects may have the charges dropped or reduced by prosecutors.

About how many felony convictions are a result of plea bargaining?

90%

Plea Bargaining

A pre-conviction agreement between the def. and the state that results in a guilty plea with the expectation of reduction of charges, a promise of sentence leniency or some governmentally concession short of the maximum penalties.

Implicit PB

where def. plead guilty w/ expectation to receive a more lenient sentence.

Sentence Recommendation PB

Prosecutor proposes a sentence in exchange for a guilty plea.

Charge reduction PB

Prosecutor down grades charges in exchange for a guilty plea.

Judicial PB

The judge makes a specific offer to the defendant, that if the def. pleads guilty, the judge will impose a specified lenient sentence.

What are the most common plea bargains?

Sentence Reduction and Charge Reduction

Prosecutors can only do what in regard to Plea Bargains?

Recommend them. It is at the discretion of the Judge to approve or deny them.

Outcome of a Plea Bargain

1. Waived constitutional rights

2. The defendant gets a record

The prosecutor persists with precaution, they file a formal charging document called

An information

A charging document that is issued by the Grand Jury and brings charges against an accused at the request of a prosecutor.

Indictment

Grand Jury

A group of sworn citizens to determine whether there is evidence and probable cause for a prosecution (between 6-23 people)

Presentment

Charges against the accused when the grand jury acts on its own authority.

True Bill

The grand jury has established that there is enough evidence for probable cause. Must be a majority vote.

No Bill

There is insufficient evidence to establish probable cause.

Arraignment

A formal proceeding where the finalized list of charges is furnished for criminal defendants.

Purpose of arraignments

Defendants to enter a plea and for court to determine a trial date.

Types of pleas

• Guilty

• Not guilty

• Stand mute

• Nolo Contendere

• Not guilty by reasons of insanity

• Guilty but mentally ill

How many cases are civil cases?

85%

Opening statements

• Prosecutor (state)- direct examination of witness/victim

• Defense- Direct examination of defendant and witness

Presentation of cases

• Prosecutor presents case- evidence and witnesses to establish guilt of the defendant.

• Presentation of Defense’s case- (start with a motion to dismiss- because the state has not proven beyond a reasonable doubt that the defendant is guilty) Defense Attorney will call its witnesses and present evidence to show their client (defendant) is not guilty

Prosecutors Rebuttal

Presents new evidence and then follows the same process as the previous step.

Defense Surrebuttal

Makes the motion to dismiss charges- then presents new evidence (follow the same process)

Closing Statements

• Defense closes first- Summarizes the case to explain their client’s innocence

• State does its closing arguments to show the defendant is guilty.

Charging of the jury

• The judge gives a lecture on all of the charges. Explains the potential outcome of all the charges if they decide guilt

• Judge tell jury to deliberate on the facts/evidence and to return with a just verdict

Return of the verdict

• The chair of the jury reads the verdict for each criminal court when asked by the Judge. \

• The judge may poll the jurors (to ask if the verdict read was their individual verdict)

Jury trial entitled to all that have charges of

6 months or more of imprisonment

Judges encourage prosecutors to make deals or arrangements before

the trial

Before they get sentenced a judge listens to what?

Character witnesses

PSI (Pre-sentence investigation)

the judge will request a background investigation on the convicts: criminal background, employment history, mental health assessments, role in the family, etc.

Corrections

The location where the convict serves the State’s sentence.

Some corrections options

1. Prison/jail

2. Probation

3. College/ Trade School

How many convicted criminals will spend time incarcerated?

1/3rd

How many convicts spend their sentence on community based programs?

2/3rd

Under what conditions are convicts released?

On good behavior or max out their sentence.