CRIMINAL LAW—ROBINSON
I: Introductory Materials
Overview of the Criminal Justice Process (Procedure):
1.) The reported Crimeàbig difference between offenses
committed and those reported. When police conclude after report or through their own discovery that a crime has occurred, it becomes a “known offense” which may or may not be investigated further. Crimes investigated are pretty much proportional to the crimes reported
2) Pre-arrest investigationsà function to either solve previous crimes or prevent future crime
3) Arrestà occurs when police officer has obtained sufficient information (i.e. probably cause to believe the person has committed a crime). Where no immediate need to arrest, the courts will issue an arrest warrant. Far fewer arrests occur than crimes reported. Majority are misdemeanors
4) Bookingàsearch the arrestee’s person, residence, and bring him to the police station
5) Post Arrest Investigationà varies depending on the circumstances (e.g. line-up to get eye witness i.d.). Not utilized in the vast majority of cases.
6) Decision to chargeà first by police with review and approval of prosecutor. Prosecutors may decide not to charge for (1) insufficient evidence; (2) witness difficulties (e.g. witnesses not cooperative); (3) due process problems; (4) adequate disposition can be heard by other criminal proceedings; (5) “interests of justice”; (6) use of diversion program….1st two are most common
Post-filing screening also occurs continuously to see if charges should be dropped
Thus, roughly 65% of arrestees nationwide are charged.
7) File the Complaintà brief statement making the suspect a defendant.
8) Magistrate reviews the arrestà no probably cause, drop it
9) The first Appearanceà ensure the deft in custody is same as the complaint, make deft aware of rights, obtaining counsel, set bail,
10) Preliminary Hearingà some charges may be dropped based on mag. Ct. review, unless there has been a grand jury has indeicted the deft, which makes the preliminary hearing
unnecessary
11) Grand Jury Reviewà almost all jurisdictions mandate grand jury screening of felony charges
12) Filing of Indictment or Information
13) Arraignment on Information
rcumstances, and, sometimes, its results)
2) Culpability elements (purpose, knowledge, recklessness,
negligence) §2.02 of Model Penal Code
Culpability Requirements:
Purposely: If material element of an offense involves the nature of a person’s conduct or result “it is his conscious object to engage in conduct of that nature or to cause such a result” and “he is aware of the circumstances or he believes or hopes they exist”
Knowingly: “he is aware that his conduct is of that nature or circumstances” and “is practically certain that his conduct will cause such a result”
Recklessly: when person “consciously disregards a substantial and unjustifiable risk” and based on the nature and degree of the risk and circumstances known to the actor, its disregard involves a “gross deviation” from the standard of conduct that a law-abiding person would observe in the actor’s situation.
