Constitutional Amendments and the Criminal Justice Process

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The 3Ps of Criminal Justice: Players, Process, and Procedure See the next page for a full description of this graphic.

Law Enforcement

• Incident--reported by public or observed by police

• Preliminary Investigation--to determine whether to move case forward

• Arrest--if case is to move forward

The Courts

• Preliminary hearing--to determine whether sufficient evidence to go to trial

• Arraignment--guilty, trial, or plea deal

• Court Case--if case goes to trial

• Court Determination-- not guilty--ends; guilty-- corrections

Corrections

• Sentencing--county jail,state prison, or probtion

• Release from Custody-- parole, probation, or other release programs

© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.

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CRJ325

The Players

The three major players who touch the criminal justice system are law enforcement, the courts, and corrections.

The Process

The processes of the criminal justice system occur in a series of steps. At each step, the various players have discretion.

• Law Enforcement: o An incident is reported by the public or observed by police. o A preliminary investigation is made to deteremine whether to move the case forward. o Arrests suspects if case is to be moved forward.

• The Courts: o A preliminary hearing is made to determine whether there is sufficient evidence to go to trial. o Suspect is arraigned and makes their plea. o A court case is held if the case goes to trial. o The court determines whether suspect is not guilty or guilty and determines corrections.

• Corrections: o After sentencing a suspect is put on probaion or goes to county jail or state prison. o After being released from custody a suspect is on parole, probation, or another release program.

Procedure

Each of the steps in the criminal justice process is goverrned by criminal justice procedure dictated by the law. Little discretion exists within criminal procedure. Failure to follow procedure brings the criminal justice process to a stop.

© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.

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