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Chapter 12: The Criminal Justice Process-The Investigation

Chapter 12: The Criminal Justice Process-The Investigation. Most cases are handled by state courts. Arrest. Arrest : When a person suspected of a crime is taken into custody Arrest warrant v. probable cause

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Chapter 12: The Criminal Justice Process-The Investigation

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  1. Chapter 12: The Criminal Justice Process-The Investigation

  2. Most cases are handled by state courts

  3. Arrest • Arrest: When a person suspected of a crime is taken into custody • Arrest warrant v. probable cause • A judge can issue an arrest warrant if they find probable cause that the offense was committed and the accused committed it. • Probable Cause=reasonable belief

  4. Arrest • Reasonable Suspicion: less evidence than probable cause but more than a hunch • Ex: If an officer thinks someone is armed they may “Stop and Frisk” them. Most arrests occur when people don’t realize it…pulling someone over for a traffic stop because the person is not free to leave.

  5. A police officer may use as much physical force as necessary to make an arrest. • Needs to prove they used the MINIMUM FORCE REQUIRED

  6. Search and Seizure • Individuals’ right to privacy v. the government’s need to gather information • Exclusionary Rule: If a search is found to be unreasonable, the evidence found in the search cannot be used at the trial against the defendant

  7. Searches with a Warrant • A search warrant is a court order that includes… • The person or place to be searched • The things to be seized • Must be conducted within a certain number of days • Must be conducted only in the daytime • Police must “knock and announce” before entering a home

  8. Searches without a Warrant • The search is part of an arrest. (the police can search the suspect and the area immediately surrounding the suspect) • “Stop and Frisk”: If an officer thinks someone is behaving suspiciously they can frisk the suspect for weapons or drugs. • Consent: When a person voluntarily agrees to a search

  9. Searches without a Warrant 4.Plain View: if the object can be seen from where the officer is standing they do not need a warrant 5. Hot Pursuit: Police in pursuit of a suspect are not required to get a warrant before entering a building they have just seen the suspect go into.

  10. Searches without a Warrant 6. Emergency Situations: When police have probable cause to believe that if they do not enter immediately evidence will be destroyed, the suspect will escape, or someone will be harmed. 7. Border and Airport Searches: Can search belongings of person entering the country, can search passengers in the airport http://www.youtube.com/watch?v=rSGDVTk6ra0

  11. Public School Searches • New Jersey v. TLO: Students do not have a reasonable expectation of privacy at school and authorities are only required to have reasonable suspicion to search students

  12. Suspicionless Searches • Point searches along the border for illegal immigrants and drugs • Mandatory Drug and Alcohol testing for some employees

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

  14. Interrogations and Confessions • Interrogate: to question suspects • The 5th amendment guarantees no self incrimination/you have the right to remain silent • http://www.youtube.com/watch?v=kS3sG39vAuo

  15. A confession is not admissible as evidence if it is not voluntary or trustworthy (no physical force, torture, etc.) or if the suspect as requested their attorney and has been denied the request

  16. Miranda v. Arizona • Miranda v. Arizona: police are required to inform people taken into custody of their “Miranda” rights before questioning begins **FYI: if the police forget to read you your rights the case is not dismissed…they are only required to read you your rights if they want to use statements from the accused at the trial!**

  17. http://www.youtube.com/watch?v=somd5NYscSw • http://www.youtube.com/watch?v=RntJfGGU2YQ

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