Criminal Justice 13 Steps Flashcards
(42 cards)
what are the 13 steps?
1) investigation, 2) arrest, 3) booking, 4) charging, 5) initial appearance, 6) preliminary hearing/grand jury, 7) indictment, 8) arraignment, 9) trial, 10) sentencing, 11) appeal, 12) corrections, 13) release
Investigation
Police gather evidence of a possible crime.
Arrest
A suspect is taken into custody.
Booking
Suspect’s info is recorded (name, charges, fingerprints, photo).
Charging
Prosecutor files formal charges. Determines if the defendant can be offered a plea bargain.
Initial Appearance
The suspect goes before a judge, hears the charges, and may get bail.
Preliminary Hearing
“trial before the trial”, the judge decides if there is enough evidence for the defendant to be taken to an actual trial. This is a faster process than going to a Grand Jury.
Grand Jury
A grand jury is a group of citizens that reviews evidence in secret to decide if there’s enough reason to formally charge someone with a serious crime. (typically 18-23 people)
Indictment
A formal accusation, issued by a grand jury, formally charging an individual with a crime. Sets the stage for further legal proceedings. Bail is revisted at this step.
Arraignment
Defendant enters a plea (guilty, not guilty, no contest). This is essentially the last chance to plea bargain as all the details are set for a trial.
Trial
Evidence is presented; guilt or innocence is determined.
Sentencing
Judge decides the punishment if the defendant is found guilty.
Appeal
When a convicted person asks a higher court to review their case for legal errors that may have affected the outcome.
Corrections
Offender serves sentence (prison, probation, parole, etc.).
Release
When an offender is let out of the correctional system, either after completing their sentence, being paroled, or found not guilty.
how does release occur?
1) it could be by completing the entire punishment given, 2) parole, 3) changes within the system (charges dropped, laws changed).
how is corrections determined?
corrections is typically determined by the court but then given to law enforcement(usually a corrections officer) to carry out the punishment. Examples of corrections may be, probation, community service, paying money, and incararation.
5 most commons grounds for appeals are….?
1) improper admission of evidence (evidence that was shown to the jury when it was not allowed or shouldn’t have been); 2) prosecutorial misconduct (when the prosecutor does something that is not allowed); 3) ineffective assistance of counsel (when your defense attorney falls below the standard that is expected of them); 4) jury misconduct (proof exists that the jury was not following the rules); 5) insufficient evidence (you argue that there wasn’t compelling evidence to match the verdict and you want it reviewed
when sentencing what is retribution and rehabilitation?
both retribution (recongizes the victim) and rehabitliation (recognizes the offender) are taken into account when the judge determines a sentence; setting an example with the punishment is a style that is always taken into account
what are the 7 essential stages to a trial?
1) voire dire, 2) opening statement, 3) state’s case in chief, 4) defense case, 5) state’s rebuttal, 6) closing arguements, 7) verdict
voir dire
(one of the most important parts of the trial) Voir Dire is the process during jury selection where lawyers and the judge question potential jurors to determine if they can be fair and impartial in the case.
burden of proof
The prosecution must present strong enough evidence to convince the judge or jury that there is no reasonable doubt the defendant committed the crime.
beyond a reasonable doubt
The evidence must be so convincing that there is no reasonable uncertainty left about the defendant’s guilt.
key points of the arraignment step are…?
1) all the checking points are completed (arrest, charge, etc…) this means the polce, district attorney, judge, citizens, all believe that is it POSSIBLE that the accused did commit the crime. 2) plea must be entered, (guilty, not guilty, no contest). 3) essentially the LAST chance to plea bargain as all the details are set for the trial