Warming-up.

Using the Internet resources and the literature on the specialized subjects that you study give definitions of the following central notions the text says about: criminal investigation, prosecution, pre-arrest investigation, initial appearance, preliminary hearing, trial.

     Now read the text to compare your ideas with those of the text. The text includes the information about the criminal investigation in the USA. What is the criminal investigation system in Belarus?

Make sure you understand the meaning of the following words and word-combinations:

investigation and prosecution

to occur

to accuse of

a law enforcement officer

to be taken into custody

to apprehend

to be released at the initial appearance

a grand jury

to conduct proceedings

to commit a felony

a plea agreement

a concession from the prosecutor

misdemeanor

restitution

sentencing

to be eligible

detriment to the community

to restore the financial losses

 Detective Activity and Criminal Investigation

Criminal investigation, ensemble of methods by which crimes are studied and criminals apprehended.

What are some common steps of a criminal investigation and prosecution?

Pre-arrest Investigation: Pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made. Law enforcement investigates whether a crime has occurred and whether an arrest should be made.

 Arrest: An arrest occurs when the individual accused of a crime is taken into custody by law enforcement. Generally, an arrest may be made in two ways: 1) if a law enforcement officer arrives at the scene of the crime and determines that there is probable cause for an arrest, the officer can take a person into custody immediately, or 2) the officer may make an arrest pursuant to an arrest warrant. The requirements for making a proper arrest and obtaining a warrant vary jurisdiction-to-jurisdiction and often depend upon whether the crime at issue is a felony or a misdemeanor.

Initial Appearance: Generally, as soon as practicable following arrest, the accused must be brought before a court. At the initial appearance, the court will inform the accused of the charges and advise the accused of his or her rights to counsel and to remain silent. The defendant may be released at the initial appearance.

Grand Jury: (Not all jurisdictions have grand juries) A felony case is usually commenced by grand jury indictment or a preliminary hearing, which is discussed below. If instituted by a grand jury, the prosecutor goes to the grand jury to ask the grand jury to indict an accused. A grand jury is a group of private citizens who conduct proceedings, generally with the grand jury members sworn to secrecy.

Preliminary Hearing: At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant.

Discovery & Motion Practice: Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdiction’s rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim.

Plea Bargaining & Entry of Plea: Instead of going to trial, a defendant may plead guilty pursuant to a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or to another charge, in return for a concession from the prosecutor.

Trial: A trial is the proceeding during which evidence is presented and guilt is determined. A trial is held before a jury or, if the defendant waives the right to trial by jury or for certain misdemeanors, before a judge, which is called a bench trial.

Sentencing: Upon a finding of guilt on some, even if not all, counts charged, the formal imposition of the punishment occurs. Depending upon the jurisdiction, the judge or the jury decides the punishment that will be given to the offender. In most jurisdictions, before a sentencing hearing is conducted, a probation officer will prepare a pre-sentence report.

Restitution: Restitution is the monetary payment by an offender to the victim to compensate the victim for the financial consequences caused by the commission of the crime. Generally, restitution must be requested at or before sentencing.

Appellate Review: Appellate review is the way you ask a higher court to review what the lower court or a lower actor in the system has done to see if they did it right.

Probation & Probation Revocation Hearings: Probation is a procedure under which a defendant found guilty of a crime is not imprisoned but instead is released subject to conditions imposed by the court and subject to the supervision of a board of probation or parole, or the jurisdiction’s equivalent.

Parole and Parole Revocation Hearings: Parole is the release of an offender to the community by the court or a probation/parole board prior to the expiration of the offender’s term, subject to conditions imposed by the court or board. In many jurisdictions, offenders are eligible for parole prior to the completion of their entire sentence. Generally, before an offender is released, there is a parole hearing to determine if there is reasonable probability that the offender can be released without detriment to the community.

Compensation: Compensation, sometimes referred to as Reparations, is money paid by the government to victims of crimes to restore all or part of the financial losses the victim suffered as a result of the crime committed against him or her.

Questions to discuss:

1. What are the main stages of the criminal investigation?
2. What’s the difference between a felony and a misdemeanor?
3. What is probation?
4. What types of sentencing do you know?
5. How are sentences determined?
6. What is capital punishment?
7. What crimes can lead to the death penalty?
8. What countries practice the death penalty?
9. Why does a suspect have the ‘right to remain silent?
10. What is profiling?
11. What is bail?
12. What is restitution?
13. What does a bail bondsman do?
14. What happens if a person ‘jumps’ bail?
15. What is a bounty hunter?
16. What is exile?
17. Do any countries practice exile today?
18. What is a Grand Jury?
19. Why do 12 people serve on a jury?