The Justice System Has Routine Legalities

Reasonable suspicion is different from probable cause as reasonable suspicion allows an officer to temporarily detain a person if the officer suspects the person of committing a crime, previously committed a crime, or is about to commit a crime. This will allow the officer the time to conduct an investigation that may allow him/her to find the facts that are required to arrest per probable cause. Therefore, reasonable suspicion is thought of to be a hunch

Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)

The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.

It is true that reasonable suspicion is not probable cause to elicit some sort of a reaction for something or for someone but

A probable cause is established at the time of a preliminary hearing or preliminary examination. The hearing judge decides whether there is a combination of facts and circumstances that would encourage a reasonably intelligent person to believe that he or she should commit a crime. A probable cause must be examined from different angles in order to closely understand the mind of a person with non-criminal background. Those with a non-criminal background are exposed to committing crimes regardless of how clean their criminal record might look. Usually, the jury’s determination of a probable cause impacts the final decision of the case and how serious the law breaker’s punishment will be.

A detention is reasonable when the detaining officer can point to specific articulable facts that, under the totality of the circumstance, provide an objective basis for suspecting the particular person detained may be involved in criminal activity. (People v. Souza (1994) 9 Cal.4th 224.) As such, an investigatory stop based on mere curiosity, rumor or hunch is an unlawful seizure, even though the officer may be acting in good faith. (People v. Clair (1992) 2 Cal.4th 629.) Nonetheless, reasonable suspicion cannot be justified after the fact by evidence of criminal activity uncovered during the course of the detention. (People v. Gale (1973) 9 Cal.3d 788.) Moreover, mere proximity cannot be enough to create reasonable suspicion because proximity

The Supreme Court founded their decision on the Fifth Amendment rather than the Sixth Amendment due to the intimidating nature of the custodial interrogation by law enforcement. No admission could be permissible under the Fifth Amendment’s self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his rights and the suspect had relinquished their rights. The person in custody must, prior to being questioned be clearly informed of their right to remain silent and that whatever they say will be held against them in court. They must be informed that they have the right to consult with an attorney and that

Reasonable suspicion is a reasonable likelihood that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer’s training and experience. Reasonable suspicion is seen as more than a guess or hunch but is less than probable cause. Probable cause is the logical belief, supported by facts and circumstances, which a crime has been, is being, or will be committed. The difference between the two are the fact that probable cause has evidence or is fact based whereas reasonable suspicion is a hunch.

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).

In our government today we have due process of law. Due process of law simply means that we have protection against a chance deprivation of life, liberty or property. Within the due process law, if you are to be accused of something it has to be under fair and reasonable circumstances. If we are ever to be arrested of something, under due process it commands that we are taken to court and showed a cause. It is very important that we have due process in the law for the people of the United States. Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of

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.

Upon looking at the terms of reasonable suspicion and probable cause, one will believe that they both mean the same thing but stated in two entirely different ways. Reasonable suspicion is the rational conjecture that a crime has been, will be or is being performed based on the details and situations presented along with the officer’s knowledge and familiarity. Probable cause is supported by facts and circumstance along the same lines of reasonable suspicion except that it includes concrete evidence that is able to support the crime. Reasonable suspicion is when it looks as though a crime has been performed and is used as validation for investigating suspicious behaviors. These are just two terms that are meant to be deciphered by the public

Probable cause in cases of an arrest, there must be reasonable grounds for an arrest. In order to show probable cause courts look at the totality of the circumstances. (Gates). The officer must demonstrate a fair probability that person arrested has committed a crime or is currently committing a crime; this is based on the quantity of facts and circumstances within the officer's knowledge that would warrant a reasonable person (officer) to conclude that the individual in question has committed a crime.

Most of us kind of understand what probable cause is and reasonable suspicion means, but for some of us we do not know, thereby this learner will explain the two. An example of what probable cause is: That is like when a LEO is about to pull you over, they must decide if they have a reason to do this before they make the stop. Basically, they need some form of facts to believe that the individual has broken the law.

The presumption of innocence occurs when the prosecution has the burden of proof for demonstrating the criminal act and intent beyond a reasonable doubt; every criminal defendant is presumed to be innocent until they are convicted otherwise. However, the presumption of innocence is not considered an affirmation of a defendant’s innocence that will make up for a lack of evidence. This principle supports the practice of bail; except in the case of those who are flight risks or pose a danger to society, defendants may be released from jail prior to trial because of their presumed innocence. In order to prove that the defendant is guilty beyond a reasonable doubt, all parts of criminal liability must be proven. For example, in a first-degree