ARREST
- probable cause: reason based on evidence
- arrest warrant: issued by judge
- Miranda rights
- booking: photo/info/fingerprints
PRELIMINARY HEARING
- usually within 24 hours
- judge decides if arrest was jusitified (legal)
- bail is set
- D.A. (district attorney) acts as the prosecutor for the government
GRAND JURY
- held secret -- 16-24 people hear evidence and decide whether to formally
charge the suspect
- charge = indictment
ARRAIGNMENT
- enter plea -- guilty/not guilty
- plea bargain: plead guilty to lesser offense
- Why?
- Govt:
1. reduce case load
2. ensure conviction
3. obtain evidence
- Accused:
1. avoid harsher punishment
TRIAL
- witnesses called to give testimony
- cross examination: witness is questioned by lawyer for other side
- jury decides verdict (outcome)
- innocent (acquittal)
- guilty (beyond a reasonable doubt)
- hung jury = not unanimous verdict
- results in a mistrial
- D.A. can retry the case
SENTENCING PHASE
- testimony can be heard to influence judge's decision on the punishment
AMENDMENTS INVOLVED IN THE PROCESS
4th
- no unreasonable searches/seizures
5th
- no double jeopardy
- no self-incrimination
- habeas corpus: right to appear in court to know reason of arrest
6th
- jury trial
- trial is speedy, public, and fair
- attorney
- face witnesses
- know charges
8th
- no cruel and unusual punishment