The Judicial Branch

The Criminal Justice Process

9 Steps in the Criminal Justice Process

Step 1• A crime is committed• Can be anything from shoplifting to murder

Step 2• Investigation process to gather crucial evidence• Example: DNA or fingerprints

Step 3 (This is the 1st formal step)• The arrest- authorities take suspect(s) into custody• Miranda Rights are given

9 Steps in the Criminal Justice Process

Step 4• Booking into prison• Putting subjects into database in case they commit another crime

Step 5• Initial appearance in court• Some facts are explained• No guarantee of bail

Step 6• Preliminary hearing• Determines if there is enough probable cause against the suspect to

prosecute

9 Steps in the Criminal Justice Process

Step 7• Grand Jury Indictment• 12-23 people convene to listen to and evaluate accusations against the person

charged with the crime• Determine if there is enough evidence to indict and bring to trial

Step 8• Arraignment• First appearance of an accused person before a judge• Charges are read

Step 9• Trial• Prosecutor argues against the defense attorney• Can be before a jury or only a judge

Protecting Individual Rights

• Bill of Rights and other amendments to the Constitution guarantee civil rights and liberties

Civil Rights vs. Civil Liberties

• Civil Rights– Positive acts of the government– Prohibits discrimination on the basis of race, sex,

religious beliefs, or national origin• Civil Liberties– Protections against the government– Protects people from the government taking

control of you and your property

Due Process of Law

• Assured by the 5th and 14th amendments– Government cannot deprive a person of life, liberty, or

property without due process (14th Amendment – Due Process clause)

– Selective incorporation (the government sometimes chooses to ignore due process)

• States’ reserved powers– Police power to protect– Promote public health, safety, morals, general welfare

• Constitution guarantees due process to create privacy, includes abortion

Freedom and Security of the Person

• 1st Amendment-An amendment to the United States Constitution guaranteeing the rights of free expression and action that are fundamental to democratic government. These rights include freedom of assembly, freedom of the press, freedom of religion, and freedom of speech.

Freedom and Security of the Person

• 13th Amendment (1865)– Abolished slavery and involuntary servitude

• 2nd Amendment– Preserves right for states to have a militia

• 4th Amendment– Prohibits unreasonable searches and seizures without

a warrant– Gave rise to Exclusionary Rule

• Evidence collected in violation of the accused’s rights may not be admissible as evidence in court

Rights of the Accused

• Writ of Habeas Corpus– Ban on bills of attainders (act declaring a person guilty of a

crime without a trial) and ex post facto laws (retroactive changing of a law to make an act illegal or legal despite previous status)

• 5th Amendment– Protects against double jeopardy or self incrimination– provides for due process

• 6th Amendment– Rights to counsel, a speedy and public trial, and trial by jury

Punishment

• A person accused of a crime is innocent until proven guilty

• 8th Amendment– Protects against cruel and inhuman punishment– Prohibits excessive bail or fines

• US Supreme Court found that the death penalty (capital punishment) is constitutional if administered fairly by a court of law

• Treason – the only crime specifically defined in the Constitution

Criminal Justice Terminology• Felony – serious crime punishable by over a year in prison or

death• Misdemeanor – minor crime punishable by less than a year in

prison• Prosecutor – attorney who conducts proceedings on behalf of

the government• Defendant – person who committed a crime• Subpoena – order for a person to appear in court and/or to

produce documents• Due Process – principle that government must act fairly• Bail – money paid to the court to make sure a person shows up

on their court date; forfeited if they do not show

Criminal Justice Terminology

• Criminal law – laws that deal with acts the government declares as crimes

• Civil law – areas of law except those dealing with crime• Crime – an act that harms others• Appeal – requesting a higher court to review the decision of a

lower court• Arraignment – a criminal case where the judge does it all• Writ of Habeas Corpus – court order that prevents unjust arrests• Warrant – a document signed by a judge to allow searches • Preliminary hearing – before a criminal trial to see if there is

enough evidence to go to trial

Criminal Justice Terminology• A Criminal Case involves a defendant breaking a

law created by the legislature.• Simple Assault in the state of GA is the threat

of or attempted harm of another person whereas battery involves actual physical contact and potential harm (not a major crime)

• Evidence the proves you were not at the scene of a crime is known as an Alibi.

• Probation is a type of sentence given to prevent jail of prison.