Pros And Cons Of Criminal Law

Submitted By colorbox86
Words: 649
Pages: 3

It can start with reasonable suspicion, which is below probable cause. If an officer has reasonable suspicion they may temporarily detain the person if they believe they have been or is engaged in criminal activity. They also may frisk with reasonable suspicion. The fourth amendment does not allow random searches on people of the public. An officer can’t randomly search you unless he has your permission or if he has reasonable suspicion or probable cause. After you have been arrested for a crime you must have your rights read to you. This is a crucial stage for the arrest process; leading up to the interview the rights must be read for it to be valid in court. After the suspect has been arrested they are taken to the jail so the paperwork can be processed of the persons information such as social security, name, dob, etc. Then a mug shot will be taken; this is to help document the person and crime. All the persons belonging will then be taken and stored in plastic bags after the individual signs them. Fingerprinting and strip search will then take place and if the person is under the influence of drugs or alcohol they will not be put into jail immediately but detained elsewhere until sober. Wright 2
The eighth amendment comes into play the next when the initial appearance is issued. There shouldn’t be an unnecessary delay and the next step is to see a magistrate judge. There will be a bail set up but the eighth amendment says the bail shouldn’t be unreasonable for the crime. The magistrate judge will then have a preliminary hearing and it must be within 14 days if the defendant is in custody and no more than 21 if not in custody. This trial is used to show if there is enough evidence to move onto trial or not. The next step is the big step; the grand jury, indictment and the information. This is when the sixth amendment comes into play giving the people the right to a speedy trial. The indictment then takes place, which is a formal accusation of the person committing the crime. It is shown by the grand jury. Next comes the preparation for the trial. The arraignment is the formal reading of the criminal complaints in front of the defendant to inform the defendant of the charges that are against them. There is a plea afterwards for the person to claim guilty, not guilty, no contest. This is a big part of the whole production because there are