CJ 100 Study Guide - Summer 2018, Comprehensive Midterm Notes - Federal Government Of The United States, Supreme Court Of The United States, Criminal Justice
CJ 100
MIDTERM EXAM
STUDY GUIDE
Fall 2018
The Process of Criminal Justice
Criminal justice is a process, involving a series of steps beginning with a criminal investigation
and ending with the release of a convicted offender from correctional supervision. Rules and
decision making are at the center of this process.
Rules
Sources of rules in criminal justice include the U.S. Constitution and Bill of Rights, state
constitutions, the U.S. Code, state codes, court decisions, federal rules of criminal
procedure, state rules of criminal procedure, and department and agency rules and
regulations. The Federal Rules of Criminal Procedure, for example, govern the
procedure in all criminal proceedings in courts of the United States.
Discretion
Decision making in criminal justice involves more than the learning of rules and the
application of them to specific cases. Decisions are based on discretion, that is, the
individual exercise of judgment to make choices about alternative courses of action.
Discretion, or making decisions without formal rules, is common in criminal justice.
Discretion comes into play whenever police make choices about whether to arrest,
investigate, search, question, or use force. Similarly, prosecutors exercise individual
judgment in deciding whether to charge a person with a crime and whether to plea‐
bargain. Judges also use discretion when setting bail, accepting or rejecting plea
bargains, ruling on pretrial motions, and sentencing. Parole board members exercise
discretion when deciding whether and when to release inmates from prison.
Steps in the criminal justice process
The major steps in processing a criminal case are as follows:
1. Investigation of a crime by the police. The purpose of a criminal
investigation is to gather evidence to identify a suspect and support an
arrest. An investigation may require a search, an exploratory inspection of
a person or property. Probable cause is the standard of proof required for
a search. Probable cause means there are facts or apparent facts
indicating that evidence of criminality can be found in a specific place.
2. Arrest of a suspect by the police. An arrest involves taking a
person into custody for the purpose of holding the suspect until
court. Probable cause is the legal requirement for an arrest. It means that
there is a reasonable link between a specific person and a particular crime.
3. Prosecution of a criminal defendant by a district attorney. When
deciding whether to charge a person with a crime, prosecutors weigh many
factors, including the seriousness of the offense and the strength of the
evidence.
4. Indictment by a grand jury or the filing of an information by a
prosecutor. Under the Federal Rules of Criminal Procedure, an indictment
is required when prosecuting a capital offense. A prosecutor has the option
of an indictment or an information in cases involving crimes punishable by
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imprisonment. In about half the states and the federal system, a grand jury
decides whether to bring charges against a person in a closed hearing in
which only the prosecutor presents evidence. The defendant has no right to
be present at grand jury proceedings and no right to have a defense
attorney represent him or her before the grand jury. The standard for
indicting a person for a crime is probable cause. In the remaining states, a
prosecutor files a charging document called an information. A preliminary
(probable cause) hearing is held to determine if there is enough evidence to
warrant a trial. The defendant and his or her attorney can be present at this
hearing to dispute the charges.
5. Arraignment by a judge. Before the trial, the defendant appears in
court and enters a plea. The most common pleas are guilty and not guilty.
6. Pretrial detention and/or bail. Detention refers to a period of
temporary custody prior to trial. Bail is an amount of money paid by a
defendant to ensure he or she will show up for a trial.
7. Plea bargaining between the defense attorney and the prosecutor.
Usually, in plea bargaining, the defendant agrees to plead guilty in
exchange for a charge reduction or sentence reduction.
8. Trial/adjudication of guilt by a judge or jury, with a prosecutor and
a defense attorney participating. A trial is held before a judge or jury. The
standard of evidence for a criminal conviction is guilt beyond a
reasonable doubt—less than 100 percent certainty but more than high
probability. If there is doubt based on reason, the accused is entitled to be
acquitted.
9. Sentencing by a judge. If the accused is found guilty, a judge
metes out a sentence. Possible sentences include 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 filed by attorneys in appellate courts and then ruled on by
appellate judges. If an appellate court reverses a case, the case returns to
trial court for retrial. With a reversal, the original trial becomes moot (that
is, it is as though it never happened). Following a reversal, a prosecutor
decides whether to refile or drop the charges. Even if a prosecutor drops
the charges, the defendant can still be prosecuted later as long as the
statute of limitations for the crime the defendant is accused of committing
hasn't run out. Such a statute imposes time limits on the government to try
a case.
11. Punishment and/or rehabilitationadministered by local, state, or
federal correctional authorities. Most inmates do not serve the complete
term and are released before the expiration of their maximum sentences.
Release may be obtained by serving the maximum sentence mandated by
a court or through an early release mechanism, such as parole or pardon.
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