Vocabulary

1. Vocabulary The Criminal Justice Felony Process

2. Arraignment • The accused must appear before a court after an indictment or information has been executed. Arraignment is another word for court appearance. At the arraignment, after the formal charges are made and the accused is informed of his/her constitutional rights, the accused may plead either guilty or not guilty. In some states, the defendant also may plead nolo contendere, a plea that is the same as guilty except that the plea may not be used against the accused later in a civil trial.

3. Arraignment, cont • If the accused pleads not guilty or nolo contendere, the judge sets a trial date. In a plea of not guilty, the defendant has a choice of a trial by judge, a bench trial, or a trial by a jury. At this time the defence attorney may enter certain motions on behalf of the defendant.

4. Arrest • An arrest happens when a suspect is taken into custody and officially charged with a crime. Most police encounters with suspects do not result in an arrest. The decision to arrest is a discretionary judgment made by the law enforcement officer. At the time of an arrest, law enforcement officers read the suspect the Miranda warning regarding his/her legal rights.

5. Arrest, cont. • A legal arrest occurs when all of the following conditions are met: • A law enforcement agent believes that there is probable cause that a crime either is or has been committed and that the suspect is the person who has committed the crime • The officer deprives the suspect of his/her freedom to leave • The suspect believes he/she is now in police custody

6. Booking • When a suspect is arrested, the name of the suspect and the location, time, and purpose of the arrest is entered into the police arrest book or log. The police take personal in formation for the suspect including name, address, fingerprints, and photographs. The suspect may be searched and/or interrogated and is often encouraged to confess to the crime.

7. Booking, cont • The suspect may be released after booking if it is determined that a crime was not committed or that there is not enough evidence to hold the suspect for the commission of the crime.

8. Investigation Prior to Arrest • An investigation may be conducted by the police when they receive a complaint that a crime has been committed or when a law enforcement officer witnesses a crime being committed. This investigation includes interviewing witnesses, examining the crime scene, and obtaining other information that can lead to an arrest.

9. Investigation Prior to Arrest, cont. • The purpose of the investigation is to gather enough evidence to identify, arrest, and bring to trial a criminal offender. During the investigation, the law enforcement officials may detain the suspect for a short time and may search for weapons.

10. Initial Appearance • A legal requirement that, within a reasonable time after arrest, the suspect must be taken before a magistrate for an initial appearance.

11. Initial Appearance • The Judge must give the suspect formal notice of the charges and tell the suspect his/her rights. The Judge may also give the suspect the opportunity to post bail. Finally, the magistrate may decide that there is insufficient evidence to hold the suspect for further criminal processing.