CJS Chapter 1 12-22

Chapter 1: Crime and Criminal Justice

Investigation

Purpose of Criminal Investigation

• Systematic gathering of evidence to identify suspects and build cases for legal arrests.

• Duration and complexity can vary:

  • Quick apprehensions during a crime in progress.

  • Long-term investigations (e.g., Dennis Rader - BTK killer, 1974-2005; Gary Ridgway - Green River killer, 1982-2001).

Key Activities in Investigations

• Interviewing Victims and Witnesses:

  • Collect firsthand accounts to reconstruct events and identify potential suspects.

• Canvassing Neighborhoods:

  • Searching nearby areas for additional witnesses with crucial information.

• Securing Crime Scenes:

  • Preserving evidence is vital; includes:

    • Weapons

    • Bodily fluids

    • Fingerprints

    • Other biological materials linking suspects to the crime.

Handling Evidence

• Critical for maintaining integrity:

  • Careful collection, recording, classification, processing, and storage.

  • Proper procedures ensure the chain of evidence is maintained to avoid inadmissibility in court.

Arrest

Legal Conditions for Arrest

• Must have:

  • Probable cause of a crime.

  • Evidence linking the individual to the crime.

  • Voluntary surrender of freedom from the suspect's perspective.

In-Presence Requirement

• Generally, officers must witness misdemeanors:

  • Exceptions exist, e.g., domestic violence.

Arrest Warrant

• Issued by a magistrate:

  • Requires law enforcement to show sufficient evidence of probable cause.

Custody

Post-Arrest Procedures

• Procedures include:

  • Search for Evidence:

    • Searching the suspect and immediate area.

  • Conduct Interrogations:

    • Must follow Miranda rights during questioning.

  • Facilitate Eyewitness Identifications:

    • Conducting lineups or showups.

Miranda Warning

• Established by Miranda v. Arizona:

  • Suspects informed of their rights:

    • Right to remain silent.

    • Right to legal counsel.

Charging

Prosecutor's Role

• Determines whether to formally charge based on:

  • Sufficiency of evidence.

  • Particulars of the case influencing prosecution priorities.

Nolle Prosequi

• Legal motion to drop a case due to:

  • Insufficient evidence.

  • Witness reliability issues.

Preliminary Hearing/Grand Jury

• Grand Jury Function:

  • Jurors hear accusations to determine if there is enough evidence for charges.

• Preliminary Hearing:

  • Open hearing for defendants to dispute claims; sufficiency of evidence leads to trial.

Arraignment

Process

• Formal charges read; defendant must enter plea (guilty, not guilty, or no contest).

• Bail options considered for release while awaiting trial.

Bail/Detention

• Primary purpose to ensure appearance at trial:

  • Inability to pay bail leads to continued custody.

Plea Bargaining

Negotiation Process

• Common practice; approximately 90% resolved before trial:

  • Defense negotiates for guilty plea to lesser charges or leniency.

Trial/Adjudication

Trial Process

• Conducted by judge or jury:

  • Prosecution must prove guilt beyond a reasonable doubt.

Sentencing/Disposition

• Consequences upon conviction may include:

  • Fines

  • Probation

  • Incarceration

  • Death penalty (in severe cases).

Appeal/Postconviction Remedies

Appeals

• Defendants can file appeals if there are:

  • Violation of rights.

  • Legal errors affecting verdict.

Correctional Treatment

Post-Sentencing

• Offenders typically enter correctional facilities for:

  • Rehabilitation programs to facilitate reintegration into society.

Release

• Early release through:

  • Parole

  • Executive pardons, allowing for supervised community service.

Postrelease

• Offenders may transition to community correctional centers for support and supervision.

The Criminal Justice Assembly Line

Herbert Packer's Model

• Visual representation of the justice process as an assembly line:

  • Cases progress through various decision points reflecting a routinized approach.

Effect of Errors

• Procedural errors can cause:

  • Wrongful imprisonment of the innocent.

  • Release of dangerous offenders.

Perspectives on Justice

Crime Control Perspective

• Advocates for tough sanctions to deter crime.

  • Emphasizes efficiency and effectiveness for public safety.

Rehabilitation Perspective

• Views crime as a result of social inequalities:

  • Supports opportunities and support for offenders to address root causes.

Due Process Perspective

• Ensures fairness and protection of rights for accused individuals:

  • Legal processes must operate without discrimination.

Nonintervention Perspective

• Advocates for minimal interference from justice agencies:

  • Supports diversion programs and decriminalization for better societal outcomes.