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What are the steps in criminal process
- Detention,investigation and arrest
- Booking
- Warrant application
- Charging procedure
- Issuance of warrant
- Arraignment
- Preliminary hearing
- Pre-trial motions
- Plea bargining
- Trial
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Detention
Temporary stops to ask questions
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Arrest
- Taking someone into custody to answer for criminal charges
- Must have probable cause
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Probable cause
The facts and circumstances which would lead a reasonable person to believe that a crime has been commited and it was commited by the person you are arresting
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Investigation
Asking questions
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Booking
Administrative procedure done at the station after arrest and before suspect is held over
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Purpose of booking
Protect suspect from loss of property, any danger of use of property against self or others, documentation of suspects presence
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Missouri 24hr rule
Requires a suspect be released after 24hrs if no arrest warrant has been issued
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4 actions prosecuter can take after arrest warrant is issued
- Issue the information
- Refuse to issue
- Take it under advisement
- Send it to the grand jury
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PA issue of information
Sufficent facts for proof beyond a reasonable doubt
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PA refuse to issue
Not enough evidence
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PA take it under advisement
Not enough evidence at this time but warrents further investigation for posible future prosecution
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PA grand jury
PA dosn't wish to issue himself
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Grand jury
Group of up to 23 citizens who listen to evidence to decide if probable cause exists
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If grand jury finds PC exists
True bill of indictment
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Grand jury is given a what from whom
Indictment, PA
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Arrest warrant
Application is made to PA, PA gives it to judge, if judge signs it then it is valid
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Information
Start of the charging process and is issued by the PA stating an intention to prosecute
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All evidence is shared between the PA and defence is called what
Motion for discovery
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Arraignment
- First apperance in court
- Misdemeanor-read charges, enter a plea
- Felony- (not grand jury)asked if has attorney set prelim. hearing or wave prelim. hearing
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Preliminary hearing
Judge hears PA case to determin if PC exists or can be sent to grand jury
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Motion to suppress evidence
Made by defence to prevent evidence from being allowed in the trial
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4 types of pre-trial motions
- Motion for discovery
- Motion to suppress evidence
- Change of venue
- Change of judge
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Change of venue
Request to relocate trial in order to recieve a fair trial
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Change of judge
Request to change judge for a fair trial
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Plea bargin
Defendant pleads guilty to a lesser charge to avoid larger penalty
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Prosecution
Represents the people and bears the burden of proof
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Defense
Tries to win the case for the client
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Voir dire
- "to tell the truth"
- Selecting jurors
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"challenge for cause"
Attorney has unlimited number to eliminate prospective jurors but has to give a reason
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Preemptory challenge
Limited number but no reason necessary to eliminate prospectivr jurors
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Basic Flow of trial
- Jury selection
- Opening statements
- Prosecution's case
- Defense's case
- Closing arguments
- Jury instructions
- Jury deliberation
- Verdict
- Sentencing
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