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Tech Busters: Criminal Justice

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by

Sara Guiney

on 1 November 2012

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Transcript of Tech Busters: Criminal Justice

Criminal Prodcedure Law: Standards of Proof & Laws of Arrest Five levels of Action Mere Suspicion The level of proof that exists when an individual is suspected of criminal activity without proof. "gut reaction" Reasonable Suspicion The level of proof that exists when an individual is reasonably suspected of having committed, in the process of committing, or about to commit a crime. Officer needs to be able to gather proof through the five senses. Officer can "stop, question, & frisk" Probable Cause The level of proof for a police officer to arrest an individual or get a search warrent. This exists when the information or evidence shows facts or circumstances to convice an officer that a crime was committed & that a specific person did it. Preponderance of Evidence Level of proof required to start a civil case. The evidence suggests that there is a better than half chance that a person is liable to a plaintiff's complaint. (non-criminal cases) Beyond a Reasonable Doubt The level of proof to find an individual guilty to the offense which he was accused of. The evidence also has to be legally sufficient. What will happen if you take actions without probably cause? -Dismissal of charges -Suppression of Evidence -Civil Litigation (sued) -Criminal Charges Against You -Department Discipline Against You Elements of Arrest: Intent: An officer must make an arrest. The officer making the arrest must give a notice of arrest and must identify him/herself unless they can be identified by a uniform. Authority: An officer must be under legal authority while taking a person into custody. NYS Penal Law:
-gives authority to police officers, peace officers, & citizens to make an arrest. Custody: An officer must be under legal authority while taking a person into custody. NYS Penal Law:
-gives authority to police officers, peace officers, & citizens to make an arrest. The officer must restrain the suspect in order for the arrest to properly occur.

Of course not all custody situations are for arrests, sometimes it can be an individual who accepts an invitation for questioning or for investigation purposes. Recognition: An officer must be under legal authority while taking a person into custody. NYS Penal Law:
-gives authority to police officers, peace officers, & citizens to make an arrest. The officer must restrain the suspect in order for the arrest to properly occur.

Of course not all custody situations are for arrests, sometimes it can be an individual who accepts an invitation for questioning or for investigation purposes. The person being arrested must know that they are being arrested. Being held at gunpoint usually can constitute an arrest.
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