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Criminal Process Report Joshua Frates Rasmussen University J100/CCJ1OOO Introduction to Criminal Justice Professor Carlin January 29, 2023

Reasonable suspicion can be defined as a belief, based on a consideration of the facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred (Schmalleger, 2019). Reasonable suspicion is a small part of the level of proof that is needed for a criminal case to be successful; the other is probable cause. It says that something led you to believe you were doing the right thing because something prompted you to do it. The precedence for this was set during Terry v. Ohio (1968), in which reasonable suspicion from an officer led to the probable cause; the detective watched the individual’s casing a store and decided to stop and detain them (Rasmussen Learning, n.d.). During the stop, he did an external pat down or Terry frisk and found the individuals carrying pistols, which now became the probable cause for an arrest. Probable cause is a tricky but essential concept, and its legal criteria are based on the facts and circumstances that would cause a reasonable person to believe that a particular other person has committed a specific crime (Schmalleger, 2019). To make an arrest and to have that arrest go to trial, you must have probable cause; otherwise, the case can and often will be dismissed. The scenario given for this assignment gave us multiple points in which we had reasonable suspicion and probable cause to make the arrest. The fact that an officer had to be dispatched to the apartment complex due to the loud music in the middle of the day would have been my first suspicion. Upon arrival, hearing the loud music and seeing the apartment door partially open would’ve been my second suspicion. The last suspicion would have been the smell of marijuana coming from the apartment. Until this point, I wouldn’t have a probable cause other than to ask them to turn the music down due to complaints. When I knock and am told to enter, even over the loud music, the person gives me the right to enter the home with the door partially

open. The probable cause is what came next, the large mound of green leafy substance on the counter, something that is very consistent with marijuana. The reasonable suspicion of loud music during the daytime, the smell, and now the physical evidence of marijuana in the apartment is the probable cause I need to make an arrest. The officer did ask to see a medical marijuana card to verify that they could even have that in their apartment, but the female did not want to comply with the officer. Now that the female is under arrest, she will be taken to jail to begin the due process of the criminal court system. Within 24-48 hours after a person is brought into jail, they will need to make their first appearance. The first appearance is where you go before a judge, who reads the charges and gives bail, and the judge tells you to get a lawyer. If you’re able to post bail, you are free to go; if not, you are going back to jail until the results from the preliminary hearing or grand jury are out. The next hearing is to determine whether or not probable cause exists in this case. This case indeed had probable cause because there was marijuana sitting on the counter, and after testing, it turned out to weigh a pound. Now that the probable cause has been established, the defendant will go to the arraignment, where they will enter either a guilty or not guilty plea. If the defendant pleads guilty, they will take their sentence and then be done. If they plead not guilty, they will move on to trial. Your lawyer may want to have a suppression hearing next to ensure that there isn’t any information getting out that would put you in a bad light before you even go to trial. Although it is entirely up to the judge, having specific information suppressed before you go to trial can befit the outcome of your case. After the suppression hearing, the jury selection begins. During the jury selection process, the prosecution and defense attorneys question potential jurors in the process known as voir dire examination, as jurors are expected to be unbiased and free of

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preconceived notions of innocence or guilt (Schmalleger, 2019). Once the jury has been selected, the trial typically begins soon after. The trial begins with the opening statements from the prosecution and the defense. This is whether the prosecution will say, this is what she did, and the defense will combat the prosecution by saying that they didn’t do it. Following this will be the presentation of evidence, in which each side will present evidence or witness in the courtroom to testify for or against the person on trial. Once all evidence has been presented, each side will give a closing statement about what they believe should be the trial’s outcome. The trial is basically over at this point. The judge will now charge the jury. The words of the charge vary somewhat between jurisdictions and among judges, but all judges will remind members of the jury of their duty to consider objectively only the evidence that has been presented and of the need for impartiality (Schmalleger, 2019). The jurors retire and will return with either a guilty or non-guilty verdict. Depending on which ruling, the non-guilty will set the person free, while the guilty verdict will come with a penalty. This begins the sentencing phase of the process. The judge determines the sentence based on the verdict of the jurors and the severity of the crime. The judge can impose confinement, fine amounts, supervised periods, and mandatory counseling or treatment. After everything is done, and the defendant doesn’t agree with the sentence or the trial’s outcome, they have the right to appeal. It does not mean that anything will change, but it is a given right to be able to appeal.

References Rasmussen Learning (n.d.). Levels of Proof. Retrieved from https://learning.rasmussen.edu/ultra/courses/_126004_1/outline/edit/document/_12961353_1? courseId=_126004_1&view=content Rasmussen Learning (n.d.). Criminal Case Procedure . Retrieved from https://learning.rasmussen.edu/ultra/courses/_126004_1/outline/edit/document/_12961354_1? courseId=_126004_1&view=content Schmalleger, F. (2019). Criminal Justice (13th ed.). Pearson Education (US).

jfrates_Mod4_ 01292023

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