Transcript The Criminal Justice System

Chapter 16
Stages in the Criminal Justice
Process
 Crime
 Investigation
 Arrest
 Pretrial
 Trial
 Sentencing and Appeals
 Corrections
The Crime
 A crime must:
 Be wrongful and it must be carried out with intent
 Types of Crimes
 Misdemeanors


Criminal offense, less serious than a felony
Punishable by fine or short jail sentence
 Felonies


More serious
Can result in extended prison time, or even death sentences
 The same act can be a misdemeanor or a felony depending on
the circumstances (petty theft vs. grand theft)
Types of Felonies
Category of Crime
Examples
Violent crimes
Murder, assault and battery,
kidnapping
Property crimes
Theft, burglary, shoplifting, robbery,
arson
Crimes against public order
Threats to public peace and safety,
environmental pollution
Crimes against government
Treason, jury tampering, perjury, tax
fraud, bribery of a public official
Drug crimes
Possession, manufacture, and
distribution or drugs
White-collar crimes
Counterfeiting, blackmail, bank fraud,
credit card fraud, investment fraud
Victimless crimes
Gambling prostitution
Privacy and technology crimes
Wiretapping, computer fraud,
hacking, cyber stalking
Due Process Rights of Suspects in a
Crime
 The government cannot act unfairly its treatment of
criminal suspects
 14th and 15th amendments
 Limitations of the rights of juveniles
 Juries are not mandatory for juveniles
 Have less rights, but lesser sentences
Investigation
 4th amendment
 Search warrant
 Direct evidence
 Info. Provided either by a witness who saw the crime or
by a video or audio of the crime
 Circumstantial evidence
 Infor. That can be inferred from other facts
When Are Search Warrant NOT
Required?
 Search and Seizure
 Terry v. Ohio
 Sobriety Checkpoints
 Airport Security
 Student Searches
 Consent Searches
Searches Without Warrants
 During a lawful arrest
 When evidence is in plain view
 When in hot pursuit
 Automobile searches
 Exclusionary Rule
 Seizing evidence illegally results in its exclusion from
the trial
 Mapp v. Ohio
The Arrest
 Arrest Warrant
 Issued by the judge
 Based on probable cause
 Warrantless Arrest
 When officers find likely suspect at the scene of the
crime
Miranda Warnings
 Miranda v. Arizona
 You have the right to remain silent
 Anything you say can and will be against you in court
 You have the right to an attorney and to have that
attorney present while you are being questioned
 If you cannot afford an attorney, one will be appointed
for you before questioning begins