QUESTIONS AND ANSWERS
Reporting/Detection of crime includes - ANS Proactive: 10% or less of all crime
Reactive: 90% or more of all crime
Reaction most often to citizen complaint
Probable cause - ANS Reasonable belief crime has been committed, and person committed
it/reasons to believe that person has committed crime. MUST HAVE PROBABLE CAUSE IN
ORDER TO MAKE AN ARREST!
Bail (after custody) - ANS - Known as pre-trail release
- Types of bail: O.R Own recognizance; cash bail (most serious bail)
- Federal system - pre-trial, release agency
Arraignment - ANS Within 48hrs after arrest (excludes weekends, holidays)
Formal charge - ANS Permission to go to trial. If there is no formal charge, so no trial
How to get formal charge? - ANS Preliminary hearing, Grand jury
Probable cause is necessary for both charges
Preliminary hearing (most common way) - ANS Adversarial system involving prosecuting
attorney, defense attorney and judge
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, Grand jury (every several charges have to go through the grand jury) - ANS Non adversarial
system involving citizen jurors: arrest all the drug dealers at the same time; get out of the hook
Trial - ANS - Bifurcated: guilt phase, sentencing phase
- Jury trial: typically 12 jurors
- Unanimous verdict needed for conviction
- Bench trial: no jury, judge only
3 types of Corrections - ANS - Institutional corrections: jail, prison
- Intermediate corrections: probation, parole
- Community corrections: house arrest, electronic monitoring
Crime Stages - ANS Arrest Stage:
- Detecting crime
- Investigation
- Arrest
- Custody
- Bail (after custody)
Prosecution Stage:
- File charges
- Arrangment
- Answering to court
- Plea negotiations (bargaining process)
Due Process - ANS - Let the guilty go free than to violate the rights of citizens
- Teach the CJ system a lesson
- Goal: Nobody Innocent Behind Bars
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