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What are some common steps of a criminal investigation and prosecution? April 15, Pre-arrest Investigation: Pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made.
Law enforcement investigates whether a crime has occurred and whether an arrest should be made. If law enforcement determines that the evidence uncovered during pre-arrest investigation reveals that a crime was committed and a suspect is identified, law enforcement may arrest the suspect or, depending upon the jurisdiction, present the investigation results to the prosecuting attorney.
If the jurisdiction is one in which the prosecuting attorney becomes involved pre-arrest, the prosecuting attorney generally decides whether and what charges to file; only after such determination does an arrest take place.
Alternatively, after an investigation, law enforcement may determine that there is insufficient evidence to pursue the matter, and no arrest is made. An arrest occurs when the individual accused of a crime is taken into custody by law enforcement. Generally, an arrest may be made in two ways: The requirements for making a proper arrest and obtaining a warrant vary jurisdiction-to-jurisdiction and often depend upon whether the crime at issue is a felony or a misdemeanor.
Generally, as soon as practicable following arrest, the accused must be brought before a court. At the initial appearance, the court will inform the accused of the charges and advise the accused of his or her rights to counsel and to remain silent.
The defendant may Criminal investigation 2 essay released at the initial appearance. Not all jurisdictions have grand juries A felony case is usually commenced by grand jury indictment or a preliminary hearing, which is discussed below.
If instituted by a grand jury, the prosecutor goes to the grand jury to ask the grand jury to indict an accused.
A grand jury is a group of private citizens who conduct proceedings, generally with the grand jury members sworn to secrecy.
The proceedings consist of the prosecutor presenting evidence and providing legal advice to the grand jury. As part of its investigation, the grand jury has the power to compel testimony, including the testimony of a crime victim.
After hearing the evidence presented by the prosecution, and through its own investigation, the grand jury votes on whether the case should be indicted or dismissed. A felony case may also be commenced by a preliminary hearing held within a reasonable time of the filing of the information.
If commenced by a preliminary hearing, the defendant has the right to be present and to be represented by counsel at such hearing. At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant.
This evidence can include testimony, including that of the victim. A defendant may be released at this stage. If the court finds there is no probable cause to believe a felony was committed by the defendant, the court must dismiss the case and release the accused.
After charges have been brought, whether by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges.
A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released. Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case.
It is important to remember that the criminal defendant has no constitutional right to discover information from the victim. In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice.
Motions by the state may include a request for reciprocal disclosure or a request for defendant to disclose alibi or psychiatric evidence.
Instead of going to trial, a defendant may plead guilty pursuant to a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or to another charge, in return for a concession from the prosecutor.
After a plea agreement has been reached, the plea is presented to the court, and the court may do one of three things: If the court rejects the plea agreement, the defendant may withdraw the guilty plea. A trial is the proceeding during which evidence is presented and guilt is determined. A trial is held before a jury or, if the defendant waives the right to trial by jury or for certain misdemeanors, before a judge, which is called a bench trial.
Generally, a trial proceeds as follows: Voir dire is the process by which a jury is questioned and selected. In a capital case, voir dire is split into two phases: The defense then has the option to make an opening statement or, in some jurisdictions, reserve its opening statement for the beginning of its case-in-chief.
If the defense motion is denied, the defense presents its case-in-chief.Mar 10, · Forensic investigation is the application of scientific technology and procedures used in the establishment and investigation of criminal evidence and facts that are to be analyzed and later used in the criminal justice system.
The help of forensic science. Nowadays, numerous criminal cases have been easily solved with the help of forensic science.
The law enforcement officials can ascertain that the witness’s statement is accurate by using advanced technologies such as lie detectors, DNA analysis.
Write my research paper Question description Time Allowed Attempts Allowed – 1, Completed – 0 Instructions You can “Save” your response to each question as you work through the quiz.
Criminal Investigation. 1. 1. What are the steps to planning and executing a legal raid? What are the ten most common errors in death investigations, and how can each be avoided?
8. Death notification is a hard part of the job. Who makes up a volunteer cold case squad and what are the benefits to a cold case unit? essays.
Unlike most. CRIMINAL INVESTIGATION PAPER. Background. A significant criminal event may occur at any place and at any time. The size of the jurisdiction does not dictate the scope and scale of the incident.
Investigation Of The Criminal Justice Field Words | 6 Pages. Week 2 Dropbox The criminal justice field is in place to not only hold those accountable for their actions but also to try and prevent further criminal activity from happening.