The Criminal Justice Process

Topics: Criminal law, Crime, Law Pages: 4 (1181 words) Published: January 22, 2012

This paper describes all the steps taken during the criminal justice process. It explains how important it is to follow due process according to the bill of rights. During this process suspects are put through a series of steps, some within hours of an arrest and some may take days, weeks, and or months.
The criminal justice process is numerous steps taken to process a criminal case beginning with an investigation and arrest. An investigation is done by the police and they must gather enough evidence to identify a suspect in order to make an arrest. In most cases, criminals are not arrested on the scene of a crime, they are apprehended later (Schmalleger, 2011). In cases like this, an arrest warrant is issued by a judge if there is enough probable cause to make an arrest. Probable cause is the legal requirement for an arrest connecting a suspect to a particular crime. Arrest is always done with discretion and is a serious step in the criminal justice process. During an arrest defendants are warned of their Miranda Rights prior to questioning. Police feel they are on safe ground by advising suspects of their rights immediately after arrest; however an arrest without questioning does not require a warning (Wiley Publishing, 2000-2010). Following an arrest, suspects are booked. The booking process is an administrative procedure. It includes pictures being taken, fingerprints, and personal information is recorded such as date of birth, address, weight and height. Details of charges are put on the arrest record. Suspects are advised to sign a form with each right stated. The second step in the criminal justice process is pretrial activities, which can take place within hours of the arrest. In this step a suspect will make their appearance before a magistrate where the judicial officer will tell them of the charges against them and once again is advised of their rights and may be offered bail. If a suspect post a bond...

References: Schmalleger, F. (2011) Criminal justice today: An Introductory text for the 21st century (11th ed.) Upper Saddle River, NY: Pearson Prentice Hall
Cliff Notes (2000-2010) The Process of Criminal Justice. Retrieved on October 19, 2010
from Justice.topicArticleId-10065,articleId-9909.html
New Jersey Judiciary (2001) The Criminal Justice Process. Retrieved on October 19, 2010
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