6 The Criminal Justice Process Free Online FlashCards

What decisions make up the criminal justice process?

It is a sequence of public decisions about what conduct is illegal, whether a person is responsible, and what response is appropriate.

How does conduct become a criminal offense?

Legislatures define criminal offenses through statutes, which generally specify prohibited conduct and may also specify a possible penalty.

What two elements do many offenses require?

Many offenses require proof of both a prohibited act (actus reus) and a required mental state (mens rea), though requirements differ by offense.

What burden of proof applies at a criminal trial?

The prosecution must prove every required element beyond a reasonable doubt at trial. The accused is presumed innocent and does not have to prove innocence.

How can offense classification affect a criminal case?

Offenses are commonly classified as misdemeanors or felonies. Classification can affect where a case is heard, available procedures, and possible sanctions.

What are police responsible for during an investigation?

Police gather and assess information, interview witnesses, and collect evidence, but their authority is limited by law and constitutional protections.

What does an arrest establish about a person's guilt?

An arrest does not establish guilt. The allegations still must be reviewed and proved through the criminal process.

What charging decisions can a prosecutor make?

A prosecutor reviews the available evidence and may file, reduce, or decline charges.

What happens at an initial appearance or arraignment?

At an initial court appearance or arraignment, the defendant is informed of the charges and enters a plea. The court may also consider release or detention.

When is a grand jury indictment generally required?

In federal felony cases, charges generally require a grand jury indictment unless that right is waived. State procedures vary.

What roles do the judge and jury have at trial?

The judge applies the law; the judge or jury decides whether the prosecution proved the charge beyond a reasonable doubt.

What do guilty and not-guilty verdicts mean?

A not-guilty verdict means the prosecution did not meet its burden of proof; a guilty verdict establishes legal guilt for the offense found proven.