A. Impact of Arrests on Court Process: B. Arrests without a Warrant: * Most common form of arrest except for arrests made within the home * Must have a warrant before going into someone’s home with the exception of exigent or emergency situations * Examples of these situations: Pursuit or the destruction of evidence Arrests with a Warrant: * Legal preference- * Neutral magistrate- someone who is not involved in the arrest * Probable cause- strong form of evidence of criminal activity C.
Stop and Frisk: * Must have reasonable suspicion (even less than probable cause) * Terry V. Ohio- court case that showed what rights constitute being under the 4th amendment * Temporary detention * Do not have to be read Miranda rights at time of arrest * Police may do a brief pat down but they cannot do a full body cavity search * Police can ask brief and basic questions but it is up to the courts to determine if police were accurate in their stop and frisk D.
4 Ways of Formal Charges in Court: E. 3 Reasons of Attrition: * Attrition means “the dropping out of cases from the criminal court process” * Legal judgments- arrest must be based on probable cause * Policy priorities- courts do not have room for every case, they must have priorities when deciding which cases to proceed with * Personal standards of justice- what prosecutors thing is important when looking at cases in the criminal justice system F. Miranda V. Arizona:
* Court case that helped identify what police must inform perpetrators of at the time of arrest in order to protect people from self-incrimination * Voluntary statement- Suspect must understand that voluntary statements can be used to criminate them * Warning- Must be warned that information given can be used in court of law * Waiver- Some people want to talk but do not recognize that they have the option to remain silent * Waiver intelligent and voluntary- Most important aspect of Miranda V. Arizona is that suspects must UNDERSTAND these rights and voluntarily give their waiver G. Key Terms & Concepts:
* Arraignment- The stage of the criminal justice process in which the defendant is formally told their charges and allowed to enter a plea * Arrest- The act of depriving a person of his or her liberty, most frequently accomplished by physically taking an arrestee into police custody for a suspected violation of criminal law * Arrest warrant- A document issued by a judicial officer authorizing the arrest of a specific person * Complaint- Charging document used by the prosecuting attorney for misdemeanors and felonies * Indictment- A formal accusation of a criminal offense made against a person by a grand jury.
* Information- A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial * Preliminary hearing- A pretrial hearing to determine whether there is probable cause to bind a defendant over for a felony charge * Probable cause- Standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe a specific individual committed it * Reasonable suspicion- The reasons a law enforcement officer is able to articulate for being suspicious of criminal activity.
It is the level of proof necessary to conduct a brief Terry-type stop Chapter 11 A. Purpose of Bail: * The purpose of bail is to assure those arrested return for their required appearances in court; the adversial system assumes everyone is innocent until proven guilty B. Law in Action with Bail: * C. The Right to Post Bail: * The 8th Amendment- * Stack V. Boyle- D. Importance Factors in Setting Bail: * Seriousness of offense charged: * The weight of the evidence: * Defendant’s ties to the community: * Defendant’s prior criminal record: * History of failure to appear: E. Business Setting of Bail Bondsmen: * F. Bail’s Effect on Criminal Defendents: * G. Key Terms & Concepts:
* Bail- The security (money or bail bond) given as a guarantee that a released prisoner will appear at trial * Cash bond- Requirement that money be posted to secure pretrial release * Preventative detention- Holding a defendant in custody pending trial in belief that he or she is likely to commit further criminal acts or flee the jurisdiction * Property bond- Use of property as collateral for pretrial release * Release on Recognizance- The release of an accused person from jail on his or her own obligation rather than a monetary bond Chapter 12.
* Reasons for Process of Discovery: * Formal & Informal Discovery: Formal discovery- Informal discovery- * Regulation of Police Interrogations: * Exceptions to the 4th Amendment: * Court Cases: 1. Brady V. Maryland- 2. Weeks V. U. S. – 3. Mapp V. Ohio- * 3 Exclusionary Rules: 1. Pretrial confrontations: 2. Searches & seizures: 3. Derivative evidence: * Exceptions to the Exclusionary Rule: 1. Good faith- 2. Inevitable discovery- * Key Terms & Concepts:
* Alibi defense- A defense alleging that the defendant was elsewhere at the time of the crime he or she was charged with * Derivative evidence- Secondary evidence derived from primary evidence obtained as a result of an illegal search or seizure * Discovery- Pretrial procedure in which parties in a lawsuit ask for and receive information such as testimony, records, or other evidence from each other.
* Exclusionary rule- Rule created by judicial decisions holding that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded from the trial * Exculpatory evidence- Evidence that casts doubt on the guilt of a criminally accused person * Fruit of the poisonous tree- Doctrine that evidence discovered due to information found through unconstitutional police behaviors (in interrogations or searches) may not be introduced by the prosecution in its case-in-chief * Illegal search and seizure- An act in violation of the 4th amendment of the U. S.constitution.
* Unreasonable search and seizure- The 4th amendment provides protection against unreasonable searches and seizures, or the illegal gathering of evidence, but it was not very effective until the adoption of the exclusionary rule barring the use of such evidence * Warrantless search- A search without a search warrant * Silver platter doctrine- Chapter 13 A. 3 Common Types of Plea Agreements: B. Factors Influencing Bargains & Discretion: C. Major Reasons for Plea Bargains: D. Why Plea Guilty? E. Benefits of Pleas: F. Court Cases * Boykin V. Alabama- * North Carolina V. Alford- * Santobello V. New York- * Ricketts V. Adamson- * Padilla V. Kentucky- Chapter 14 A. Analyze Trial by Jury: B. Jury Size & Unanimity: C. Jury Summons & Selections: D. Steps in a Criminal Trial: E.
Key Terms & Concepts: * Acquittal- * Bench trial- * Burden of proof- * Challenge for cause- * Direct evidence- * Evidence- * Hung jury- * Jury nullification- * Mistrial- * Peremptory challenge- * Real evidence- * Voir dire- Chapters 15 & 16 A. Major Sentencing Philosophies: B. Branches of Government: C. Punishments: D. Key Cases & Legal Standards: E. Normal Crimes: F. Discrimination & Disparity: G. 3 Competing Explanations: H. Racial Discrimination: I. Offender-Victim Dyad: Chapter 17 A. Appeals & Appelate Processes: B. Primary Functions of Appeals: C. Mandatory & Discrentionary Appelates: D. Compare & Contrast #1: E. Compare & Contrast #2: View as multi-pages.