Ch. 12: Criminal Justice Process

Ch. 12: Criminal Justice Process The Investigation

Miranda Rights • Right to remain silent • Right to an attorney • No interrogation should take place before they read • Are a result of the US Supreme Court case Miranda v. Arizona

Miranda Rights continued • Statements given before Miranda Rights inadmissible due to the exclusionary rule • Statements given before a defendant is read his Miranda Rights are admissible if the defendant repeats them after the warnings are given. • Failure to read them does not affect the validity of an arrest

Miranda Rights Cont’d • There is a public safety exception clause • Ex. If the police suspect someone has a bomb and they ask them where they are and he/she tells them. Statements are allowed in court

Criminal Defendants • Can be freed at many points throughout the CJ process

5th Amendment • Provides the defendant with the right to remain silent

Steps to a search warrant • The judge issues a search warrant • The police carry out the search • The judge decides if the evidence was legally obtained • The prosecutor brings the charges against the defendant

Exclusionary Rule • Prohibits use of illegally seized evidence in court • The exclusionary rule is designed to punish police.

Search Warrant • A court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to for and seize items related to a crime. • In an emergency situation, they are not required.

Probable Cause • Is the reasonable belief that a person has committed a crime

Reasonable Suspicion • Evidence that justifies an officer in stopping and questioning someone believed to be involved in criminal activity. Less evidence than probable cause. • Includes searching a bookbag at school

Affidavit • Is a sworn statement of facts and circumstances

Arrest • To take a person suspected of crime into custody

Arrest Warrant • A court-ordered document authorizing the police to arrest an individual on a specific charge • Not required in every arrest

Drug Courier Profile • Using commonly held notions of what typical drug couriers look like in order to be able to question a person without establishing individual suspicion.

Racial Profiling • The inappropriate use of race as a factor in identifying people who may break or who may have broken the law.

Corroborate • To confirm information

Stop and Frisk • To “pat down” or search the outer clothing of someone

Exclusionary Rule • Rule that generally prohibits the use of illegally obtained evidence. (4th,5th, and 6th amend.)

Contraband • Any items that are illegal to possess

Interrogate • To question a witness or suspected criminal

Self-Incrimination • Giving evidence and answering questions that would tend to subject one to criminal prosecution.

Right to Privacy • There isn’t an explicit right to privacy in the US, however the Bill of Rights was created to protect certain aspects of privacy. (Beliefs, unreasonable searches, self incrimination, etc) • Includes invasions by private individuals

Miscellaneous • Deadly force can be used when he or she attempts to escape and/or presents a significant threat of death or serious bodily harm to the officer or others. • Probable cause doesn’t cover searches conducted by parents. • Miranda warning is not a seizure under the fourth amendment but an arrest is.

Ch. 12: Criminal Justice Process