What Is the Criminal Justice Assembly Line?
The criminal justice assembly line was a term coined by justice expert Herbert Backer referring to the system acting as a funnel or conveyor belt “down which moves an endless stream of cases, never stopping . . . most people who commit a crime escape detection, and of those who do not, relatively few are bound over for trial, convicted, and eventually sentenced to prison” (). The funnel is wide at the top, and narrow at the bottom. View the entire process as a never-ending series of 15 steps or decision points:
1. Initial Contact—this step involves a police interaction such as, responding to complaints and calls or observing a suspect committing a crime.
2. Investigation—sufficient evidence, known as probable cause, must be gathered to identify and support a legal arrest of a suspect.
3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.
4. Custody—After an arrest, while detaining the suspect, the police may want to search for evidence, conduct an interrogation, or encourage a confession.
5. Charge—the next step is to charge the suspect. If sufficient evidence
1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.
Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.
Chapter one also discusses the importance of the need to have a system of justice in America. Crime was thought to have been previously been linked with poverty, however, this is not the case. The President's Commission on Law Enforcement and Administration of Justice was a group of 19 people appointed by former president Lyndon B. Johnson in order to study the criminal justice system in America. The Challenge of Crime in a Free Society is a report that summarized objectives that shaped the criminal justice system. The chapter also focusses on the models of criminal justice. The Due Process Model, associated mainly with the Warren Court, is a model that wants citizens to have equal fairness of the law. The Crime Control Model, however, suggests that the most important function is the suppression of crime. Overall, the main purpose of chapter one is to inform readers as to why the criminal justice system was created and the need for a justice system in
This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.
Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).
Probable cause is defined as a reasonable belief that a crime has been committed, that evidence is at the place being sear5ched or on the person being searched, or that a specific person is believed to have committed, is committing, or will commit a certain crime. Law enforcement cannot just go to a judge and say they have probable cause for a warrant. To obtain a warrant law enforcement needs something to substantiate their belief. The standard for probable cause to be met is for any reasonable person to believe based on the evidence or observations presented that indeed either a suspect has or is engaging in criminal activity, or that evidence exists at a certain location. Not all searches require probable cause to be established. The exception to the probable cause is reasonable suspicion. An example of this is a customs search. A custom search requires no warrant or probable cause be presented. But if a custom agent is going to detain a traveler for an extended
1. What police procedures are used during arrests, and how do these procedures lead people to feel confused, fearful, and dehumanized?
Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.
Make a decision on whether a crime has been committed and, if so, to begin the criminal investigation
First, the evidence presented must established probable cause to believe that within the area to be searched, the items will be found (Hall, 2016.) For a warrant to be issued, there has to be supporting evidence within the case that calls for a search warrant.
Arrest warrant: When probable cause is established that a person has committed a certain illegal act, a written order is then issued by authority of the state
When evidence is found initially during or a s consequence of an illegal search or
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
a. I would try to get a search warrant. Besides that and making sure the suspect knows he can have a lawyer present, I would try to get more information out of him. In this case, the probable cause (or more than reasonable suspicion) would be the incriminating statements. Obviously this depends on the circumstances, but if the suspects attempts to flee, hide, tries to destroy evidence, gives evasive answers, or perhaps he has a record, or his behavior is suspicious or unusual, then that would be acceptable as well. However, the probable cause would be stronger if there were more of these examples present in the suspects behavior. In addition to probable cause, the warrant must have an address and location, a reason, the names of the people
Probable cause is a requirement which can be found in the Fourteenth Amendment that must usually be met before an arrest can be made, before being allowed to conduct a search, seize property, and to receive a warrant which is related to the alleged crime. Probable cause is considered a level of reasonable belief, probable cause must be based on facts and not an assumption. In civil court, a person can be sued if they have probable cause, and in criminal court, the defendant can be prosecuted or arrested if they also have probable cause. If the officer cannot prove probable cause, unfortunately, the evidence then becomes inadmissible, and the evidence will be thrown out.