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Crime scene evidence collection
Quizzlet criminal procedure
Crime scene evidence collection
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The flow crime starts off with a crime being committed. Crime is defined as any offense which a person can be arrested for. The person must make a complaint. An investigation will begin after the complaint is made. The investigation will allow the police officer to find evidences on the victim. This gives the officer probable to detain the victim. Probable cause is definition in the Draper v. U.S. case. Next, the suspect will be arrested. They will be then taken into custody for booking. During the booking process, the name, address, mug shot and finger prints will be taken. This is a precaution just in case the suspect wants to flee. The suspect will appearance in court. There the suspect charges will be read out loud. The most important …show more content…
During this time, he prosecutor will call their witnesses to testify. The defense counsel will also be allowed to cross examine or question the witnesses as well. The preliminary hearing can sometime end the case before it goes to trial. If the magistrate finds probable cause then an information is filed with the court. Indictment or Information are the charging documents used to formally charge a defendant with a crime. The arraignment will be formal charges are read. The defendant is asked to state whether he is guilty, not guilty, or he can plead no contest. The case will then go to trial. The are two types of trials bench and jury. If defendant is charged with a serious offense which means he could serve six months or more imprisoned, then he is entitled to a jury trial by the sixth amendment. Then the trial has to be random selection of his peers. These individual must not know the defendant. If the defendant is found guilty. they will then be sentence by the court. The courts then found out if this is defendant’s first time or is the defendant a repeated offender. The defendant sentence to either jail, probation, fines, or the death sentence in some states. The defendant will complete their punishment for the crime and will be set back into the
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
The U.S. recognizes the right to jury trial in virtually all criminal cases, including misdemeanor and felony. Twelve members make up a jury. The Sixth Amendment guarantees anyone facing a penalty of no less than six months imprisonment a jury trial. In reality, the Sixth Amendment does entitle the defendant to a jury trial if their offense is punishable by a period of below six months imprisonment. A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83). Prosecutors must decide how and what to charge the defendant while considering that a jury will eventually decide their case upon presenting the evidence. In most cases, prosecutors have enormous powers when making a decision about charging a defendant with a criminal
As we look at criminal cases that are prolific, and make us wonder I became enamored with the Whitey Bulger case. This was a criminal case that go my attention because of the fact James Joseph Bulger Jr. evaded law enforcement for so many years. But the reason behind that would grasp my attention even further. Organized crime has always been an interest to me because of the secrecy and the loyalty behind the Cosa Nostra. I specifically picked Whitey Bulger for the simple fact he wasn't the typical mobster we see in film. Also the fact the Federal Bureau of Investigation was compromised due to the fact their agents were bought and were a large part in why Whitey Bulger was able to evade law enforcement for so long.
Civil Rights are rights of any individual to receive equal treatment. According to Merriam - Webster, “Discrimination is the act of being prejudiced or having a prejudicial outlook, action, or treatment against any other race” was very common in the United States during 1890’s. In the 1890’s, the United States was approaching its lowest point of race relations between whites and blacks. The number of lynchings increased to 230 murders in 1892 and continued to increase year after year. On June 7th, 1892, an unassuming, well dressed shoemaker from New Orleans named Homer Plessy bought a first class ticket from the East Louisiana Railroad and boarded a passenger car designated for whites only. When the ride came to an end, Plessy had been arrested
One of the biggest issues in America today is crime. It is a large problem that continues to erode our country economically as well as morally. Because of the vastness of the problem, many have speculated what the cause for crime may be in hopes that a solution will be found. Many believe that a bad family life, location of residence, and poverty hold a few of the answers to why an individual becomes involved in criminal activity.
Trial court is the first step in taking a case before a judge or a jury. A trial court is where disputes should be handled. In trial court a case can be criminal or civil to be heard at this level. In trial court a judge or a jury can hear testimony and listen to what witnesses have to say. Once the evidence and testimony is heard a judgment must be made that follows the law. Also evidence can be provided and in this case of a car being damaged things like photos or estimates of repairs can be submitted for consideration.
Gun control has become one of the hottest themes in America. Although many people in the United States believe that stricter gun laws will reduce crime rates, gun control will benefit no one except the authorities and criminals, because gun ownership protects law abiding citizens from criminals, government is slowly taking away our rights, and criminals will always find ways to acquire guns.
Typically, before trial occurs the pretrial process takes place. During the pretrial process a defendant is arrested on probable cause and makes their first appearance in court. Following the first appearance an arraignment is set within thirty-three days. Pre-trial motions are brought before a judge in order to discuss what evidence and information should be used at trial. Before going to trial defendants or prosecutors have the opportunity to make plea bargains in an effort to overt going to trial. Once all pretrial duties are done, then the trial process occurs. The first step in going to trial is “voir dire”, selecting individuals for a jury through questioning. Both the prosecutor and defense attorneys are given a certain number of strikes during the jury selection. Once a jury is completely selected the actual trial process beings with opening statements begins. Any evidence that wants to be used during the trial is present by the plaintiff “case-in-chief”. Witnesses are questioned and cross examined once questioning is done closing arguments are made trying to persuade the jury to
There is a Centuries long debate as to why our Nation’s Founding Fathers chose for us to be ruled under rule of law instead of rule of man. Our Founding Fathers founded this nation on a promotion “We the People”. They ruled that we should be led under the rule of law rather than the rule of man for multiple reasons. Our government now though is stipulating whether or not the old American government made the right choice, when compared to other foreign countries. At the beginning of our country the Constitution was not meant to be read as a collection a suggestions rather as a way to get men away from their old tendencies. Those were the days where the rights of the average man were the top priority of the government. Today however we need to remember that the rule of the law is supposed to focus on the rights of the citizens and not on who is wearing what in Hollywood. Over the years we have ruined our government, even Woodrow Wilson said, “I have unwillingly ruined my government.” The factors now included in Rule of Law are a little different from they were 250 years ago. To find out why the Founding Fathers Chose Rule of Law we need to look at several reasons why our nations’ officials like or don’t like the rule of law. We must also look at whether the factors are too much at this point for our nations to change and go another way with our leadership and the way we run our country.
It all rests in the judge's hands. When a judge looks at a person accused of a
This is the arraignment process. “Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison. Some states require arraignments only in felony cases” (Baldwin, 2016). This is done through an information or an indictment. The defendant is also informed of the specifics in the process and the criminal actions. The defendant must enter a plea, which usually means stating guilty or not guilty. Typically, defendants plead not guilty and a trial date is established (Fradella & Neubauer). The arraignment pretty much means that the defendant, more than likely, is
The stages of a criminal trial are as follows: Selecting of jurors: persons swore to deliver a verdict in a case submitted to them. The reading of the criminal complaint by the court clerk. Prosecution makes an opening statement summarizing the case its desires to present. The defense will follow with its opening statement but are not required to do so. The evidence is submitted by the prosecution and witnesses are questioned. Each element of the crime is established by the prosecution beyond a reasonable doubt. If the prosecutions did not make its case as the defendant feel reliable, the defense can choose to rest. A motion for dismissing is submitted. If the prosecution's evidence is not sufficient for conviction, the judge can agree with the defense and instructs the jury to acquit or exonerate the defense or
This applies in both a bench trial where the judge decides the verdict as well as in a jury trial that is overseen by a judge. A defendant can waive their right to a jury trial, and opt for a bench trail. A reason for this may be that securing a non-biased jury in an emotionally charged case would be difficult or if media exposure might affect finding impartial jurors. The defendant has a right to have their trial be open to the public. The defendant also has the right to face their accusers. This can occur in that the defendant is present at the trial, or by requiring live testimony or by allowing the defendant to cross examine the witnesses. The defendant has the right to be present but must also be mentally competent to stand trial. The defendant is also protected under the double jeopardy clause of the Fifth Amendment. This means that the defendant cannot be retried for the same crime either upon acquittal or conviction. Double-jeopardy protection is applicable in every state because the Supreme Court states that the Fifth Amendment’s protection against double jeopardy is a fundamental
A criminal trial consists of eight steps that must be followed in chronological order: trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations, and verdict. Each stage of the process is executed to offer a fair trial and to ensure that the rights of the accused are not violated.