The criminal justice system has many steps and procedures, and also many stages. These stages break up the process in order to make sure nothing is missed before the final decision has been reached. It starts with getting arrested, then the bail must be determined, then the pleas entered, hearings scheduled, and motions heard. “The police, the defense lawyers, the suspects, the judges, the witnesses, the victims, and whoever else is involved in the drama of crime and punishment must follow the rules of criminal procedure” (Wright, 2013). Let’s start from the beginning.
First there is an Investigation by law enforcement, and the purpose of a criminal investigation is to gather evidence to identify a suspect to support the arrest. The officer
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In the court 's language, “ We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others ' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. Such a search is a reasonable search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken”. (Terry v. Ohio, 1968) (Wright, 2013).
An example of reasonable suspicion would be if an officer is in a neighborhood and he has been notified of drug dealers in the area and sees a man walking up to cars and making handshakes which could indicate a drug exchange and then the officer walks up and confronts the man on reasonable suspicion, but if the officer actually seen the man handling the drugs then his would be considered probable cause. When there is no reasonable suspicion or probably cause in a criminal case then the suspect is acquitted of all the allegations against them and the case will be dismissed due to the lack of
In the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).
The case of Terry v. Ohio tests the limitations of the fourth amendment. On October 31st, 1963, three men were acting suspicious on the streets of Ohio. A police officer noticed three men walking back and forth and peering into a store as if they were planning to rob it. They continued doing so and ended up meeting with another person. At that point, officer McFadden approached to stop and frisk for any weapons or drugs.
Ladies and Gentlemen: Before stating my intention about the course for which I seek admission to the St Joseph University Criminal Justice Program with emphasis in behavior analysis, I would like to take this opportunity to briefly introduce myself. I am an African immigrant of Liberian descent. I am the oldest of my parents seven children. The African tradition demands that I am just as responsible for the wellbeing of the family as my mother. At an early age, mother ingrained in me that education was an essential prerequisite to the empowerment I needed to fulfil my obligation to my immediate and extended families and myself.
There does not have to be proven evidence for the arrest. If the person is under suspicion of being armed and dangerous, their outer garments may be searched. 17. What is meant by “totality of the circumstances.” What is it used for?
Criminal behaviour has always been an interest for psychologists, for they could never quite come to a conclusion between nature and nurture. Research concerning this topic has been organized for many years and due to the never ending debate, is still being conducted. I have decided to read and write about this myself, for I was genuinely curious about the matter and wanted to be a part of the research, as I felt responsible to do so. I believe that in order to stop something, it must be discussed and scrutinized. What effects do genes have on criminal behaviour, why do peer pressure and habitat influence a person to commit crimes and are men really more violent than women?
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous. October 31, 1963, while on a downtown beat which he had been patrolling for many years, Cleveland Police Department Detective Martin McFadden, age 62, saw two men, John W. Terry and Richard Chilton, standing on a street corner at 1276 Euclid Avenue and acting in a way the officer thought was suspicious. Detective McFadden watch these two guys going back and forward doing the same routine about a dozen times staring in the same store window. Next, Detective McFadden saw another third person join in the transaction named Katz exchanging words casing out the store front and Katz walking away.
Ever since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).
Students in the criminal justice department are taught that our main objective in the justice system and our careers is to serve and also protect those involved in our community. For as long as I can remember, my goal in life has been to provide service by protecting and serving those who are close to me. My penchant for service is what eventually led me to the Criminal Justice program at Valdosta State University. This passion for service began at a very young age when my life was turned upside down when I relocated from Puerto Rico to the state of Georgia due to a tragic car accident that led to the end of my father’s life. This sudden change of lifestyle and heartbreak came with an extreme amount of struggle and culture shock not just
In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place
The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
Criminal investigation is the process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible The preliminary investigation includes all the activities that an officer performs when he/she responds to a crime. The officer is responsible for responding immediately and rendering aid to those that are injured. While the officer responds and renders aid, it is important for he/she to note important facts by either writing it down, contacting dispatch, or taking mental note. These facts include the position of the victim or injured, recording spontaneous statements, paying attention to unusual actions or activities, and an assessment of the crime scene. I know it is out of order, but I believe the second and most crucial step is to secure the crime scene.
Is your first instinct to say one with a criminal conviction should never be a teacher? Why or Why Not? Discuss. I personally feel a person who holds a criminal background should be able to be a teacher under the following conditions: criminal conviction was due to a minor infraction, the quantity of convictions is minimal, and the conviction did not occur recently. Minor infractions can included the following: drug possession, petty theft, and driving under the influence (DUI).
Origin and History of the Criminal Justice System The Criminal justice system is a system that was made to control crime and make punishments to whoever break a law or rule. The beginning of the criminal justice system of the United States goes all the way back when the United States still belonged to the Great Britain. Americans were under Great Britain laws and rules and most of the laws were unfair. After the Revolutionary War and the United States became independent and they needed to create their own types of system to run their country.
Therefore, for the police to be involved, there must be a crime that has been committed or a violation of law that has been put in place by
Over the past three and a half years I have spent my life studying in school. I have studied for hours and hours about the field of criminal justice; the reason it exists, its history and development, theories that are used to explain topics in criminal justice, and cases that have been monumental in changing the way that criminal justice works. While all of these are great to learn about the field of criminal justice itself cannot be learned from reading textbooks and memorizing theories. This is why I am interested in an internship with the Griffin Police Department. I want to learn how the criminal justice system is in action, how things actually play out outside of the scholastic setting.