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Step one: The Offense

Step two: Report to Law Enforcement

  • Description: An offense occurs when someone violates a criminal law, and a witness, victim, or offender themselves calls the violation into law enforcement (Stearns 2022).
  • Personnel involved: This step involves law enforcement, and more specifically police officers. The first personnel involved with the offense are police officers because they’re usually the first to arrive on the scene, and are responsible for enforcing laws and maintaining order (Siegel & Worrall 2019).
  • Amendments applicable: Fourth Amendment, the Fifth Amendment, and the Fourteenth Amendment. The Fourth Amendment is applicable because it protects citizens from unreasonable or unlawful searches and seizures (Annenberg Classroom 5:10). The Fifth Amendment is applicable to the offense because it gives citizens the right to choose not to self incriminate (Annenberg Classroom 4:05). The Fourteenth is applicable because it prohibits the states from depriving any person of life, liberty, or property, without due process of law.
  • Description: Anyone can report a crime to law enforcement, whether it be a witness seeing someone suspicious, a victim calling or going to the police station to report a crime, or even the offender confessing that they’ve committed a crime (Siegel & Worrall 2019).
  • Personnel involved: Law enforcement officers are involved with reporting to law enforcement because they are informed of the offense and are required to respond (Stearns 2022).
  • Amendments applicable: The amendments applicable to reporting to law enforcement are the Fourth and Fourteenth Amendment (Wright). Fourth Amendment is applicable because it prohibits police from using excessive force in the case of an arrest (Siegel & Worrall 2019). The Fourteenth is applicable because it prohibits the states from depriving any person of life, liberty, or property, without due process of law.

Step three: investigation

Step four: Arrest & Arresting Charges

  • Description: Law enforcement completes a formal examination of the situation and all parties involved in order to start an investigation (Siegel & Worrall 2019). It is the step in which police officers and detectives determine whether they have gathered enough substantial evidence to establish probable cause (Stearns 2022).
  • Personnel involved: Police officers and detectives are the type of law enforcement involved with an investigation. Detectives are responsible for interviewing witnesses, suspects, and victims, as well as collecting and analyzing evidence (Siegel & Worrall 2019).
  • Amendments applicable: Fourth & Fourteenth Amendment. The Fourth Amendment is applicable to investigations because it protects people from unwarranted searches or seizures on their person, property, or documents (Stearns 2022). The Fourteenth is applicable because it gives protection to property.
  • Description: An arrest can be made if; police have obtained enough lawful evidence to establish probable cause that the suspect has committed a crime, have been given a warrant to arrest, or have witnessed a crime themselves (Jarrett & Moe 2005). Arresting charges are what the police felt had enough probable cause at the time of arrest, and can change at adjudication (Stearns 2022).
  • Personnel involved: The personnel involved with arrests and arresting charges are police, then the judge, who will determine the arresting charges and inform the offender of what the charges are (Siegel & Worrall 2019).
  • Amendments applicable: Fifth & Fourteenth.The Fifth Amendment is applicable because it allows offenders the right to remain silent. The Fourteenth is applicable because it prohibits the states from depriving any person of life, liberty, or property, without due process of law.

Colorado's Criminal Justice Process

Step five: Custody & Booking

  • Description: After an arrest, the suspect is taken into custody and may be booked on criminal charges (Stearns 2022). Custody involves placing the suspect in handcuffs and in the back of a police car (Siegel & Worrall 2019). Booking is the name of the process that enters an offender into the system (McCann).
  • Personnel involved: The personnel involved with bookings are police officers and jail personnel.
  • Amendments applicable: Eighth & Fourteenth Amendments. The component of the Eighth Amendment that is applicable to custody and booking is that excessive bail shall not be required (Stearns 2022). The Fourteenth is applicable because it prohibits the states from depriving any person of life, liberty, or property, without due process of law.

An in depth explanation of each step in the process

Step six: First Appearance

  • Description: This step starts the criminal process in the court system. Once probable cause has been established, officers hand the case off to the prosecution (Siegel & Worrall 2019). The defendant will enter court to be identified and arraigned by the judge, and the purpose of this is to let the defendant know what charges they’re facing and their constitutional rights (Siegel & Worrall 2019).
  • Personnel involved: The personnel involved are the judges, prosecutors, and defense attorneys.
  • Amendments applicable: Sixth Amendment and Fourteenth Amendments. The component of the Sixth Amendment that is applicable is the right to a quick and fair trial (Stearns 2022). The Fourteenth is applicable because it protects defendants from the state without due process.

References

Step seven: Preliminary Hearing

Annenberg Classroom. (2018, September 13). Right to remain

silent: Miranda v. Arizona. YouTube.

Retrieved October 22, 2022, from https://www.youtube.com/watch?v=ge9RBGcktUo

McCann, Beth. “Terms in the Criminal Legal System.” Denver DA,

https://www.denverda.org/terms-in-the-criminal-legal-system/.

Siegel, L. J., Worrall, J. L. (2017). Essentials of Criminal Justice.

Boston, MA: Cengage Learning, Inc.

Stearns, K. (2022). Amendments In Your Own Words. Intro to

Criminal Justice, Front Range Community College. Retrieved from

https://mycourses.cccs.edu/d2l/le/content/36350/viewContent/7058611/View

Stearns, Katherine. (2022) The Formal Colorado Criminal Justice

Process [Powerpoint slides]. Intro to

Criminal Justice, Front Range Community College. chrome-extension://bpmcpldpdmajfigpchkicefoigmkfalc/views/app.html

Wright, R. (2016, April 21). Garner Basics. Youtube. Retrieved

October 22, 2022, from https://www.youtube.com/watch?v=oQMMH0L6TXI

Wright, R. (2015, May 15). Terry Basics. YouTube. Retrieved

October 22, 2022, from https://www.youtube.com/watch?v=U9YExk8w3c0

  • Description: The judge will determine if there is enough probable cause to move the case to the district court (Stearns 2022). The prosecutors will need to present enough evidence that the defendant did in fact commit the crime, and that they are guilty (Stearns 2022).
  • Personnel involved: The personnel involved with preliminary hearings are judges, prosecutors, and defense attorneys. The point of a preliminary hearing is for the prosecution to submit their evidence, and for the judge to determine if they have enough substantial evidence that determines probable cause (Jarrett & Moe 2005).
  • Amendments applicable: Fifth Amendment & Fourteenth Amendment. The component of the Fifth and Fourteenth Amendments is the right to due process (Stearns 2022).

Step eight: Arraignment

Step nine: Trial or Adjudication

  • Description: In an arraignment, the judge tells the defendant what charges they’re facing (Siegel & Worrall 2019). This step is where bail will be discussed, and a guilty, not guilty, or no contest plea will be entered (McCann).
  • Personnel involved: The personnel involved is the judge, who will inform the charges against them and ask them what they plead (Stearns 2022).
  • Amendments applicable: Sixth & Fourteenth Amendments. The component of the Sixth is the right to be notified of charges being made when being charged with a crime (Stearns 2022). The Fourteenth applies because it prohibits the state from depriving offenders of their rights.

Step twelve/final step: Release/Post-Release

  • Description: A trial puts the case solely in the judge's hands. Trials only happen if a not guilty plea is entered at the arraignment (Siegel & Worrall 2019). Adjudication step is where the judge and/or jury examines the evidence presented, and determines whether it is indisputable that a crime was committed (Siegel & Worrall 2019).
  • Personnel involved: Personnel involved with adjudication are the judge and the jury.
  • Amendments applicable: Sixth & Fourteenth Amendments. Defendants have the right to know what charges are being made against them because they are having their rights of liberty taken away from them once they are charged with a crime (Stearns 2022).

Description: Most offenders who commit a felony in Colorado are required to serve a mandatory parole period once they’ve completed their jail sentence (Stearns 2022). Post release comes after an offender has been released from the correctional facility. Parole is typically associated with the post-release process (Stearns 2022).

Personnel involved: The personnel involved with release and post-release are parole board members and officers (Stearns 2022).

Amendments applicable: The Fourteenth Amendment is applicable. The component of the Fourteenth Amendment is the right to equal protection under the law no matter the accused citizenship (Stearns 2022).

Step ten: Sentencing

  • Description: Sentencing occurs when a defendant is either convicted as guilty or enters a plea of guilty (Stearns 2022). There are many possibilities that can occur in a sentencing hearing.
  • Personnel involved: The only personnel involved with sentencing are judges.
  • Amendments applicable: Sixth & Fourteenth Amendments. The Sixth Amendment states that a defendant does not have to testify against themselves, and gives them the right to an attorney (Stearns 2022). The Fourteenth gives the defendant the right to due process.

Step eleven: Correctional Treatment

  • Description: After determining what the best correctional treatment is, is when the judge then hands the case off to the state or federal correctional authorities (Siegel & Worrall 2019). Some examples of treatment include community supervision (house arrest or halfway houses), probation, community service, or serving a term in jail or prison (Siegel & Worrall 2019).
  • Personnel involved: The personnel involved are police officers, sheriffs, and correctional officers.
  • Amendments applicable: The Eighth & Fourteenth Amendments. These Amendments apply because they give the defendants the right to not be punished with excessive force, as well as the right to due process (Stearns 2022).
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