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STEPS IN THE CRIMINAL JUSTICE PROCESS - Coggle Diagram
STEPS IN THE CRIMINAL JUSTICE PROCESS
1.INVESTIGATION
1) the purpose of a criminal investigation - to gathering evidence
2) search, an exploratory inspection of a person or property
3) probable cause - the standard of proof for a search (facts or apparent facts indicating that evidence of criminality - in a specific place)
2.ARREST
1) taking a person into custody for the purpose of holding the suspect until court
2) probable cause - the legal requirement for an arrest (a reasonable link between a specific person and a particular crime)
3.PROSECUTION
weighing many factors, including the seriousness of the offense and the strength of the evidence.
5.ARRAIGNMENT
1) before the trial, the defendant appearing in court and entering a plea
2) the most common pleas - guilty and not guilty.
4.INDICTMENT OR INFORMATION
1) an indictment - requiring when prosecuting a capital offense
2) an indictment or an information in cases involving crimes punishable by imprisonment
3) a grand jury - to bringing charges against a person in a closed hearing in which only the prosecutor presenting evidence
3.1) the defendant - no right to being presenting at grand jury proceedings and no right to having a defense attorney representing him or her before the grand jury
4) the standard for indicting a person for a crime - probable cause.
5) a prosecutor - a charging document (an information)
6) a preliminary (probable cause) hearing - to determining enough evidence to warranting a trial.
6.1) the defendant and his or her attorney - presenting at this hearing to disputing the charges
6.PRETRIAL DETENTION/BAIL
1) detention referring to a period of temporary custody prior to trial
2) bail - an amount of money paying by a defendant
7.PLEA BARGAINING
1) between the defense attorney and the prosecutor
2) usually the defendant - to pleading guilty in exchange for a charge reduction or sentence reduction
8.TRIAL/ADJUDICATION
1) before a judge or jury
2) the standard of evidence for a criminal conviction - guilt beyond a reasonable doubt—less than 100 percent certainty but more than high probability
3) doubt basing on reason, the accused - entitled to being acquitting
9.SENTENCING
1) If the accused - guilty, a judge metering out a sentence.
2) possible sentences: a fine, probation, a period of incarceration in a correctional institution, such as a jail or prison, or some combination of supervision in the community and incarceration.
10.APPEALS
1) by attorneys in appellate courts for ruling on by appellate judges
2) following a reversal, a prosecutor - whether to refiling or dropping the charges
11.PUNISHMENT/REHABILITATION
1) administering by local, state, or federal correctional authorities
2) release - obtaining by serving the maximum sentence or through an early release mechanism, such as parole or pardon