tailieunhanh - Lecture Criminal investigation - Chapter 21: The investigator and the legal system

Learning objectives of this chapter include: Distinguish between detention, arrest, and charging; explain the benefit of a police officer=s making an arrest under the authority of a warrant; define and describe probable cause; discuss the risk factors involved in making a premature arrest; briefly outline the steps in a trial process; assess the importance of a criminal investigator’s knowing the rules of evidence; | TWENTY-ONE The Investigator and The Legal System LEARNING OBJECTIVES Distinguish between detention, arrest, and charging Explain the benefit of a police officer=s making an arrest under the authority of a warrant Define and describe probable cause Discuss the risk factors involved in making a premature arrest Briefly outline the steps in a trial process Assess the importance of a criminal investigator’s knowing the rules of evidence Describe the hearsay rule and the philosophy under which the exception to this rule have evolved Explain the reason for the existence of evidentiary privileges Discuss the role of an investigator as a witness in a criminal trial Explain the purpose of cross-examination 21-1 ARREST The process of taking a person into legal custody to answer a criminal charge 21-2 ARRESTS, DETENTION, CHARGING There are three essential ingredients of an arrest: Intention Authority Custody 21-3(a) ARRESTS, DETENTION, CHARGING (cont'd) Arrest Distinguished from Detention. Detention is a temporary and limited interference with the freedom of a person for investigative purposes. Arrest Distinguished from Charging. Formally charging a suspect with a crime does not automatically flow from an arrest. Charging follows a decision to prosecute. 21-3(b) ARRESTS, DETENTION, CHARGING (cont'd) When circumstances allow this is the preferred method of arrest Warrants must be approved by a judge Arrest warrants are considered a judicial order 21-4(a) ARRESTS, DETENTION, CHARGING (cont'd) Prior approval by a judge relieves the police of proving the legality of the arrest Prior approval also provides an independent evaluation of evidence 21-4(b) PROBABLE CAUSE A condition in which an officer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed 21-5 FRONT OF AN ARREST WARRANT Note the arrest warrant includes: The name of the officer authorized to . | TWENTY-ONE The Investigator and The Legal System LEARNING OBJECTIVES Distinguish between detention, arrest, and charging Explain the benefit of a police officer=s making an arrest under the authority of a warrant Define and describe probable cause Discuss the risk factors involved in making a premature arrest Briefly outline the steps in a trial process Assess the importance of a criminal investigator’s knowing the rules of evidence Describe the hearsay rule and the philosophy under which the exception to this rule have evolved Explain the reason for the existence of evidentiary privileges Discuss the role of an investigator as a witness in a criminal trial Explain the purpose of cross-examination 21-1 ARREST The process of taking a person into legal custody to answer a criminal charge 21-2 ARRESTS, DETENTION, CHARGING There are three essential ingredients of an arrest: Intention Authority Custody 21-3(a) ARRESTS, DETENTION, CHARGING (cont'd) Arrest Distinguished from Detention. .