The Judicial Process

1. The Judicial Process of Forensics

2. Terms you should know • Judicial: relating to courts of law • Personnel: the body of persons employed by or active in an organization, business, or service. • Criteria: A standard, rule, or test on which a judgment or decision can be based • Impartial: unprejudiced • Deliberate: to consult with another or others in a process of reaching a decision.

3. U.S. Constitution • Signed in 1787 • Use to set up the executive, legislative, and judicial branches of the U.S. government • 1789- Congress added 10 amendments • Bill of Rights

4. Bill of Rights • 4th amendment protects against unreasonable search and seizure • Must show probable cause before they can arrest or search property. • 4 broad categories of evidence gathering that may be used to show probable cause

6. 4 Categories of Probable Cause Law enforcement personnel gather information using: • Observation their 5 senses • Expertise specialized skills and training • Information witnesses, informants, or victims • Circumstantial Evidence evidence that implies, but does not prove, a crime has been committed or that the suspect was involved

7. Search or Arrest • Law enforcement personnel must convince a judge that the crime took place and that there is probable cause to suggest that the suspect was involved • If these 2 criteria are met, the judge will sign: • Search • Arrest warrant

8. Exceptions • Sometimes a search warrant or an arrest warrant are not used. • When the suspect, victim, or bystanders may be in immediate danger • Risk of evidence being destroyed

9. After Arrest • Miranda rights are read • An arraignment is held • Suspect is formally charged • Pleads guilty or not guilty

10. 6th amendment: Bill of Rights Ensures that a person will be tried by an impartial jury of his or her peers

11. 6th amendment: Bill of Rights con’t The jury: • listens to arguments by both the defense and prosecution • Hears information about physical and circumstantial evidence • Hears testimony from witnesses • Make an informed decision about the guilt or innocence of the person on trial • Must assume that the defendant is innocent until proven guilty

12. Before the Trial • Discovery Stage of the Process • Pretrial conferences take place after an arraignment • Both sides share information to prepare arguments • Prosecution may offer a plea agreement • Often require the defendant to plead guilty to a lesser charge in return for a lighter sentence • Judge hears both sides and determines whether there is sufficient evidence to take the case to trial  court date is set • If not enough evidence, then case is dismissed

13. At the trial • The defense and prosecution present their cases to the judge and jury • Each is given a chance to call witnesses and to cross-examine witnesses • Attorneys question and try to discredit the opposing side • Jurors leave the courtroom to deliberate • If guilty, defendant must return to court on the date of sentencing • Defendant may file an appeal

14. Figure 1-21 An outline of court proceedings.

15. Casey Anthony Murder trial • Quick Class discussion

16. Resources • Forensic Science Advanced Investigation-Rhonda M. Brown, Jackie S. Davenport • Bing search engine for images