Ch. 12: Criminal Justice Process

Ch. 12: Criminal Justice ProcessThe InvestigationRight to remain silentRight to an attorneyNo interrogation should take place before they readAre a result of the US Supreme Court case Miranda v. ArizonaMiranda RightsStatements given before Miranda Rights inadmissible due to the exclusionary ruleStatements given before a defendant is read his Miranda Rights are admissible if the defendant repeats them after the warnings are given.Failure to read them does not affect the validity of an arrestMiranda Rights continuedThere is a public safety exception clauseEx. If the police suspect someone has a bomb and they ask them where they are and he/she tells them. Statements are allowed in courtMiranda Rights ContdCan be freed at many points throughout the CJ processCriminal DefendantsProvides the defendant with the right to remain silent5th AmendmentThe judge issues a search warrantThe police carry out the searchThe judge decides if the evidence was legally obtainedThe prosecutor brings the charges against the defendantSteps to a search warrantProhibits use of illegally seized evidence in courtThe exclusionary rule is designed to punish police.

Exclusionary RuleA court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to for and seize items related to a crime.In an emergency situation, they are not required.

Search WarrantIs the reasonable belief that a person has committed a crimeProbable CauseEvidence that justifies an officer in stopping and questioning someone believed to be involved in criminal activity. Less evidence than probable cause.Includes searching a bookbag at schoolReasonable SuspicionIs a sworn statement of facts and circumstancesAffidavitTo take a person suspected of crime into custodyArrestA court-ordered document authorizing the police to arrest an individual on a specific chargeNot required in every arrestArrest WarrantUsing commonly held notions of what typical drug couriers look like in order to be able to question a person without establishing individual suspicion.Drug Courier ProfileThe inappropriate use of race as a factor in identifying people who may break or who may have broken the law.Racial ProfilingTo confirm informationCorroborateTo pat down or search the outer clothing of someoneStop and FriskRule that generally prohibits the use of illegally obtained evidence. (4th,5th, and 6th amend.)Exclusionary RuleAny items that are illegal to possessContrabandTo question a witness or suspected criminalInterrogateGiving evidence and answering questions that would tend to subject one to criminal prosecution.Self-IncriminationThere isnt an explicit right to privacy in the US, however the Bill of Rights was created to protect certain aspects of privacy. (Beliefs, unreasonable searches, self incrimination, etc)Includes invasions by private individualsRight to PrivacyDeadly force can be used when he or she attempts to escape and/or presents a significant threat of death or serious bodily harm to the officer or others. Probable cause doesnt cover searches conducted by parents.Miranda warning is not a seizure under the fourth amendment but an arrest is.

Miscellaneous