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Citation for video
It's the law
[Video file]. (2001). Retrieved April 15, 2017, from
http://fod.infobase.com/PortalPlaylists.aspx?wID=18566&xtid=
11901
In
the
criminal
justice
system
the
laws
are
framed
first
and
foremost

by
the
US
Constitution,
because
it's
this
living
document
that
gives
government
its
powers,
as
well
as
limits
those
powers,

and
guarantees
our
personal
rights
to
life,
liberty,
and
property.
Our
laws
protect
these
rights,
whether
the
laws
are

enacted
at
the
federal,
state,
or
local
level.
So
while
the
purpose
of
this
system
is
to
bring
criminals

to
justice,
it
must
also
meet
the
standard
of
due
process
provided
by
the
Constitution.
And
so
the
criminal

justice
system
has
two
separate,
but
equally
important,
functions,
to
protect
the
public
safety,
and
maintain
the
public
confidence.

This
is
how
it
works.
To
understand
the
criminal
justice
system
the
first,
and
most
obvious,
question
we
ask
is,

what
exactly
is
a
Crime?
Well,
in
America
a
crime
is
anything
that
Congress,
a
state,
or
a
legislative

body
has
said
is
a
crime.
A
violation
of
public
law,
punishable
by
imprisonment,
a
fine,
or
both.
Like

driving
a
car
after
drinking
a
few
beers,
taking
a
bike
that
belongs
to
someone
else,
or
using
certain

drugs.
These
are
all
violations
of
what
we
know
as
American
law.
Some
crimes
have
been
considered
crimes
for

hundreds
of
years.
Others
aren't
even
thought
of
as
crimes
anymore.
And
then
there
are
things
people
do
that

were
once
acceptable,
but
are
now
illegal.
So
while
our
laws
may
be
stable,
they
may
also
reflect
how

our
society
grows
and
changes.
And
because
society
is
fluid,
and
moves,
and
changes,
we
constantly
look
at
laws
to

determine
whether
or
not
they're
meeting
societal
needs.
A
good
example
is
laws
with
regards
to
computer
technology
issues.

The
framers
of
the
Constitution
had
no
concept
that
there
would
be
computers.
Our
laws
are
both
stable
and

flexible,
because
they
need
to
adapt
with
the
times.
But
they
should
also
remain
stable,
so
that
there
is
consistency,

and
an
evenness
to
the
meting
out
of
justice.
Our
society
has
gone
through
a
rapid
change
in
recent

years
due
to
modern
technology.
And
so
we
say
that
law
is
a
reaction
to
the
whim,
but
not

to
the
will
of
the
people.
So
as
people
change
the
law
will
react
to
those
changes
in
customs

and
habits
in
a
society.
Crimes
are
usually
divided
into
two
types,
Misdemeanor
and
Felony.
A
misdemeanor
is
a
crime

that
is
punishable
by
a
sentence
of
less
than
a
year.
Reckless
driving
and
shoplifting
are
both
examples
of

misdemeanors.
A
felony
carries
a
sentence
of
more
than
a
year.
Murder
and
robbery
are
examples
of
felonies.
Both

misdemeanors
and
felonies
are
also
defined
by
degrees,
1st,
2nd,
or
3rd
depending
on
how
serious
the
crime
is.

Obviously
1st
degree
felonies,
or
the
highest
level
of
felony,
is
murder,
which
is
a
capital
offense.
You
have

armed
robberies
and
sexual
batteries
which
are
1st
degree
felonies.
2nd
degree
felonies
are,
perhaps,
sale
of
certain
kinds
of

drugs,
like
cocaine,
and
heroin,
that
type
of
thing.
And
3rd
degree
felonies
are,
for
instance,
like
auto
burglary

or
grand
theft
if
it's
under
a
certain
amount.
From
state
to
state,
throughout
the
nation,
what
may
be

considered
a
misdemeanor
in
one
state
may
be
a
felony
in
another
state
and
vice
versa.
What's
a
felony

in
one
state
may
be
a
misdemeanor
in
another
state.
There
is
some
general
consistency
between
the
levels
of
crimes,

whether
they're
misdemeanors
or
felonies,
from
state
to
state.
But
there
are
some
differences.
Not
necessarily
will
a
1st

degree
misdemeanor
in
Florida
be
a
1st
degree
misdemeanor
in
California.
Obviously
the
biggies,
like
murder,
and
rape,
and

robbery
are
generally
the
same
level
of
offense.
But
when
you
get
down
to
3rd
degree
felonies,
and
1st

degree
misdemeanors,
there
is
some
difference
from
state
to
state.
All
crimes
are
defined
by
either
federal,
or
state,
or

local
statute,
according
to
both
Action
and
Intent.
These
are
known
as
the
Elements
of
the
crime
In
Driving
Under

the
Influence,
DUIs,
there
are
a
couple
of
elements.
That
the
individual's
driving,
number
one,
the
state
would
have

to
prove
that.
And
that
the
individual
was
driving
with
a
breath
alcohol
level
of
over
a
certain
limit,

depending
on
what
state
you come in.
They
are
the
different
stages,
or
elements,
that
make
up
the
crime
as
a

whole.
And
each
one
has
to
be
proven
by
the
state,
beyond
a
reasonable
doubt,
before
that
individual
can

be
convicted.
In
legal
terms,
we
would
say
law
would
have
an
Actus
Reus,
that's
a
physical
element.
For
example

if
you
pull
the
trigger
of
a
gun,
that
is
an
act,
that's
the
physical
act
of
that

particular
crime.
Along
with
the
actus
reus,
or
the
physical
element
of
crime,
is
the
mental
element,
which
we
call

the
Mens
Rea.
And
this
sometimes
can
be
a
complex
term,
because
it
encompasses
a
lot
of
different
things,

but
basically
it's
the
criminal
intent,
and
there are
different
degrees
of
criminal
intent.
For
example,
in
homicide
cases
some

will
say,
yes,
this
person
is
dead.
Yes,
my
client
did
it,
but
he
had
no
intent,
because
it

was
self-defense.
The
other
guy
had
a
gun,
or a
knife,
and my
guy
had a
gun.
So
the
real
issues
generally

come
down
to
that
Latin,
mens
rea,
that
mental
state,
on
whether
or
not,
in
most
cases,
the
person
intended

to
commit
a
crime.
So
we
only
have
a
crime
when
the
elements
merge
together,
that
is,
you
have

the
mental
intent
and
the
physical
intent
merging
together
in
concurrence,
causing
a
result
that
is
criminal
in
nature.
It's

actually
not
as
complicated
as
it
sounds,
because
for
the
most
part
the
elements
of
crimes
are
spelled
out

pretty
clearly.
So
either
you
did
or
you
didn't
do
it.
Crimes
may
be
Against
a
Person,
or
Against

a
Property.
Crimes
against
a
Person
include
Kidnapping
and
Assault.
The
most
serious
Crime
Against
a
Person
is
Murder.

The
US
Criminal
Code
separates
the
crime
of
murder
into
two
different
categories,
1st
degree
and
2nd
degree.
The
difference

between
1st
degree
murder
and
2nd
degree
murder
is
primarily
that
1st
degree
murder
is
committed
with
Premeditation.
That

is,
a
time
to
stop,
and
reflect,
and
think
about
what
you're
doing.
And
2nd
degree
murder
does
not

require
the
state
to
prove
a
premeditated
intent
to
kill.
Premeditation
means
that
a
person
acts
consciously
and
deliberately
before

committing
the
murder.
They
have
enough
time
to
reflect
upon
it,
so
that
we
can
say,
although
it's
not

a
fixed
point
of
time,
it
can
be
matter
a
few
seconds,
that
they
have
deliberately
taken
another
life

after
conscious
reflection.
Murder
without
malice
or
anger
is
Manslaughter.
And
it
can
be
either
Voluntary
or
Involuntary.
Manslaughter
cases

generally
deal
with
an
act
which
shows
a
willful,
wanton
disregard
for
the
safety
of
others
around
you.
For

instance,
shooting
a
gun
up
in
the
air,
where
there
is
a
crowd
gathered,
is
a
negligent
act.
And

if
you
cause
a
death
by
doing
that,
that
would
be
a
manslaughter.
There are
different
types
of
manslaughter.
For
example,

we
might
have
reckless
driving
that
results
in
manslaughter.
We
may
have
drunk
driving,
that's
a
form
of
manslaughter.

So
manslaughter
encompasses
many
different
categories.
Now
Battery,
Assault
and
Aggravated
Assault
may
sound
alike,
but
each
are
really
a

different
kind
of
crime
against
a
person.
A
Battery
is
a
crime
which
involves
a
touching
or
striking
of

another
individual,
against
their
will.
That
is
different
from
an
Assault
which
doesn't
require
a
touching
or
striking.
An

Assault
is
a
threat
to
another
individual,
by
either
a
word
or
an
act,
which
causes
fear
in
that

person,
but
does
not
require
that
that
person
be
touched
or
struck.
Aggravated
Assault,
or
aggravated
battery,
is
an
assault

or
battery
with
an
additional,
enhancing
factor.
Either
that
a
deadly
weapon,
or
a
weapon
be
used
like
a

gun
or
knife,
or
that
it
be
committed
on
a
person
that's
been
deemed
to
be
a
more
vulnerable

victim.
For
instance,
an
individual
over
65
years
of
age.
Property
Crimes
commonly
include
offenses
like
Arson,
Vandalism
and

Burglary.
Auto
theft,
breaking
and
entering
into
a
home,
stealing
somebody's
bicycle,
or
snatching
somebody's
purse.
Those
are
crimes
against

property,
which
are
still
crimes,
and
are
still
serious,
but
they
do
not
get
the
severity
level
that
crimes

against
a
person
gets.
Burglary,
for
example,
is
someone
enters
a
structure,
a
dwelling,
or
a
conveyance,
which
is

a
vehicle
of
any
type,
stealthily.
And
once
they
enter
that
structure
they
intend
to
commit
a
crime
by
taking

items
that
don't
belong
to
them
to
use
for
their
own
benefit.
A
robbery,
on
the
other
hand,

is
when
you
take
property
from
an
individual,
by
use
of
force.
And
that's
the
big
difference
there.
Another
difference

is
that
Burglary
is
a
Property
Crime
while
Robbery
is
a
Crime
Against
a
Person.
And
so
from
Property

Crimes
to
Crimes
Against
a
Person,
from
the
Elements
of
a
Crime,
to
the
thousands
of
Statutes
which
Define

them,
the
criminal
justice
system
is
set
in
motion
by
one
simple
act,
a
crime,
a
violation
of
the

law.
Once
a
crime
has
been
committed
it's
up
to
the
police
to
Investigate
it.
And
from
the
moment

they
become
involved
with
the
Investigation,
and
beyond,
police
officers
must
follow
strict
procedures
and
guidelines,
so
that
the

rights
of
victims
and
suspects
are
equally
observed.
There's
a
procedure
and
process
that
you
have
to
follow.
Failure
to

do
that
could
result
in
a
case
being
thrown
out
of
court,
a
defendant
being
set
free.
It
could

be
a
situation
where
you
could
be
civilly
sued,
and
nothing's
been
gained.
That
individual
is
still
out and
about,

committing
the
crimes
or
the
acts
that
we
originally
addressed
them
about.
And
you're
in
trouble,
your
career,
your

department's
reputation,
and
their
credibility.
So
you've
got
to weigh
all
of
those
things.
And
first
and
foremost
you've
got

to
ensure
that
everyone's
Constitutional
rights
are
adhered
to,
regardless
of
the
circumstances.
A
police
investigation
usually
includes
a
gathering

of
physical
evidence,
such
as
illegal
drugs
or
firearms,
as
well
as
statements
from
victims
and
witnesses.
What
time
did you leave

for
work this
morning?
Uh,
15 minutes
to 9:00.
OK.
And
what
time
did you
come
back
home?
Uh,
I
come at--
When
you
investigate

a
crime,
you
want
to
talk
to
anyone
that
has
information
related
to
that
crime.
That
may
be
the

person
that
telephoned
the
information
in.
It
may
be
witnesses
that
you
locate
while
you're
at
the
scene
of

that
crime.
That's
the
investigative
side of
it.
You
want
to
get
as
much
information
pertaining
to
that
crime,
so

you
can
conduct
a
thorough
investigation.
It
may
be
collecting
physical
evidence
that's
left
at
the
scene
of
the

crime,
maybe
a
weapon,
that
was
used.
Blood,
anything
of
that
nature.
It could
be
clothing
that
was
left
behind.

So
you
want
you
gather
all
of
that,
that's
part of your
investigation
into
the
crime.
Police
officers
may
also
ask
questions

of
people
they
consider
suspects,
and
often
long
before
they're
ever
under
arrest.
They
may
question
an
individual
at

the
scene
of
that
crime.
They
could
go
to
that
individual's
house
and
question
them.
They
could
go
to

their
job
to
question
them.
And
they
can
question
them
downtown
in
an
interview
room.
You're
not
under arrest,
we just
want to

take you
downtown,
all
right?
Do
real
life
police
officers
act
like
the
ones
on
television?
Do
they
intimidate
a

suspect
until
he
breaks
down
and
confesses?
What
actually
happens
during
police
questioning?
Mr. Smith,
the
reason
we
brought
you
down

here--
first
of all
you're
not under arrest.
And
the
reason
we
brought
you
down here
is
we
feel
that
you
might
have

some
information
regarding
a
burglary
that
occurred
on
the
south
side.
You'll
see
on
television
programs
where
a
person
will

be
in
an
interview
room
with a
detective,
or
detectives,
and
that
individual's
being
physically
abused.
No,
that's
not
an

accurate
depiction
as to
what
takes
place.
In
no
way,
shape,
fashion,
or
form
are
we
allowed
to
abuse
that

individual
in
any
way,
regardless
of
the
crime
or
the
circumstances.
They
are
not
allowed
to
use
any
types

of
threats,
or
coercion,
or,
of
course,
brutality
during
any
types
of
interviews.
They
are
not
allowed
to
make
any

promises
of
favorable
benefit,
or
favorable
reward,
or
better
treatment
from
the
prosecution's
office,
in
order
to
elicit
or

get
some
information
from
these
suspects.
And
if
it's
been
deemed
that
they
have
done
any
of
those
things,

then
any
of
the
statements
or
admissions
made
by
the
suspect
would
be
suppressed,
would
not
be
allowed
to

be
used
in
court.
While
physical
abuse
and
psychological
pressure
are
strictly
prohibited,
the
police
do
have
some
leeway
when

conducting
an
interrogation.
For
example,
they
can
lie
to
a
suspect.
What
would
you
say
if
I
told
you

that
Fred
pawned
the
stereo
equipment
belonging
to
the
neighbor?
They
don't
have
to
tell
the
individual
that
they're

a
suspect.
They
can
even,
the
courts
upheld,
use
deception,
and
tell
them,
for
instance,
we
have
this
information,

we've
been
told,
x,
y,
and
z.
How
do
you
respond
to
that?
They
can
use
deception
in
interviewing

potential
suspects.
Now
if
the
suspect
is
a
juvenile,
a
person
under
the
legal
age
of
majority,
either
16

or
18,
the
police
should
make
a
reasonable
effort
to
have
the
child's
parents
present
for
questioning.
Although
the
law

does
not
require
it.
If
for
instance,
a
police
officer
interviews
a
child,
and
never
makes
contact
with
that

parent.
And
the
child
says,
I
said
I
want
to
have
my
parents
present,
that
could
have
serious
consequences.

For
instance,
if
a
child
confesses
to
committing
a
crime,
and
the
child
was
held,
say,
for
four
hours

by
the
police,
and
no
one
made
an
effort
to
make
contact
with
those
parents.
That
confession
could
be

suppressed
by
the
court,
so
that
could
be
evidence
that's
lost,
because
efforts
weren't
made
to
make
contact
with

the
family.
So
the
Police
may
ask
Questions
to
gain
Information,
Leads
on
other
suspects,
or
even
a
Confession.
But

you
don't
have
to
answer
a
police
officer's
questions.
Everyone,
no
matter
who
they
are,
or
what
they've
done,

has
a
right
to
silence.
And
it's
Guaranteed
by
the
Fifth
Amendment
to
the
Constitution.
You
do
not
have

to
talk
to
the
police.
Outside
of
giving
the
police
basic
information
about
your
name
and
address,
you
have

absolute
rights
under
the United
States
Constitution
to
refuse
to
talk
to
the
police.
Under
the
Fifth
Amendment,
you
have
an

absolute
right
to
remain
silent,
and
you
do
not
have
to
discuss
your
case,
or
any
circumstances
surrounding
it,

with
the
police.
And
that's
called
the
privilege
against
self-incrimination.
So
when
should
you
talk,
and
when
should
you

stay
quiet?
If
you're
the
focus
of
a
criminal
investigation,
most
lawyers
say
you
should
never
talk
to
police

without
an
attorney
present,
even
if
you're
innocent.
Now,
if
the
police
have
a
reasonable
suspicion
that
you're
involved

in
the
crime,
whether
you
match
a
suspect's
description,
or
your
behavior
appears
suspicious--
The
guy
sitting on
steps
around
the

corner
from
you,
wearing
a
black
t-shirt
and
black
pants
just
made
a
sale
to
the
black
BMW.
--and

if
it
looks
like
you're
carrying
a
concealed
weapon,
they
can
pat
you
down
for
their
own
protection,
and

yours.
You
got
anything
on you?
Dope,
gun,
bombs,
any
of
that
stuff?
OK,
is
it
OK
to
pat
you

down?
This
rule
is
known
as
Stop
and
Frisk.
And
sometimes,
what
begins
as
a
simple
pat
down,
can
lead

to
an
arrest.
Just
because an
individual's
walking
down
the
street,
they
may
look
weird,
they
may
be
dressed
weird,

that
doesn't
give a
police
officer a
right
to
stop
that
individual.
They
have
to
suspect,
and
they
have
to
have

information
that
would
lead
them
to
believe
that,
that
individual
may
have
committed
a
crime,
or
may be
in
the

process
of
committing
a
crime.
You
can't
stop
an
individual
just
because
they
look
a
certain
way.
I
would
think

there
are
more
occasions
for
that
to
happen
with
juveniles,
than
with
adults.
Simply
because
juveniles,
for
instance,
if

they're
not
in
school,
they're
supposed
to
be in
school
during
school
hours.
If
a
police
officer
sees
a
child

and
suspects
that
the
child
is truant,
then
the
police
office
can
make
contact
with
the
child
to
find
out

whether
he
or
she
is
in
school.
And,
for
instance,
the
child
smells
of
marijuana.
Once
the
police
makes

contact
the
smell
of
marijuana
gives
the
police
officer
justification
to
search
the
child.
Now
what
if
the
police

want
to
search
inside
your
house
for
evidence?
Well,
they
need
a
Search
Warrant
for
that,
thanks
to
the

Fourth
Amendment
to
the
Constitution,
which
prohibits
against
unreasonable
searches
and
seizures.
That
means
the
police
need
a
warrant
to

search
your
house,
or
even
your
car,
or
business.
The
reason
you
would want
to
get
a
search
warrant
is

to
obtain
evidence
of
a
crime.
Evidence
that
may
be
concealed
in
a
vehicle,
it
may
be
concealed
in

a
residence,
or
in some
other
type
of
structure.
And
through
your
investigation
you've
gathered
information
that
would
lead
you

to
believe
that
the
evidence
you're
looking
for
is
in
that
specific
location.
Different
jurisdictions
handle
search
warrants
differently.
Throughout

the
country
some
prosecutors'
offices
get
involved
in
assisting
the
police
in
obtaining
search
warrants.
In
others
the
police
go

straight
to
the
judges,
and
get
the
judge's
signatures
in
obtaining
the
search
warrants.
But
basically
when
a
prosecutor

assists
a
police
officer
we
make
sure
that
the
police
officers
have
probable
cause
to
believe
that
evidence
is

located
wherever
it
is
that
they
want
to
search,
whether
it's
a
house,
or
car,
or
a
business.
We

then
present
the
search
warrant
to
the
judge.
The
police
officer
has
to
swear
to
its
accuracy,
and
swear to

the
facts
contained
in
the
search
warrant,
and
takes
an
oath
in
front
of
the
judge.
And
together
they

sign
the
search
warrant.
At
which
point
the
police
officers
then
go,
and
serve
the
search
warrant
on
the

defendant,
in
his
home,
and
his
business
and
his
car.
But
even
armed
with
a
search
warrant,
the
police
can't

just
break
down
your
door.
The
Knock
and
Announce
rule
requires
that
officers
make
their
presence
known,
and
state

the
purpose
of
their
arrival.
And
the
only
exception
to
this
rule
is
what's
called
Exigent
Circumstances.
Circumstances
that

demand
immediate
action,
like
a
drug
raid.
And,
because
they're
mobile,
time
may
also
be
a
factor
with
car

searches.
So
if
you're
stopped
for
a
traffic
violation,
the
police
may
conduct
a
search
of
your
car
without

a
warrant.
But
only
if
they
have
probable
cause,
which
is
a
good
faith
belief
they'll
find
something
concealed
somewhere,

like
drugs
or
firearms.
Ah,
there
it
is.
And
only
if
they're
able
to
articulate
that
probable
cause
in

their
police
report.
But
what
about
your
trash?
Well,
according
to
the
United
States
Supreme
Court,
your
garbage
is

fair
game,
because
it's
considered
abandoned
property,
not
private
property.
You
see
the
job
of
the
police
is
to
find

out
who
committed
the
crime
they're
investigating,
so
they'll
do
whatever
they
have
to,
even
if
it
means
looking

through
someone's
garbage.
But
at
the
same
time
the
police
must
always
follow
the
rules
of
law
and
procedure.

Both
the
police
and
the
prosecution's
office
want
those
rules
to
be
adhered
to,
so
that
the
evidence
can

be
used
in
court.
Because
that's
the
only
good
it's
going
to
do
us,
if
we
can
use
it

in
court
and
prove
that
a
crime
has
been
committed.
After
the
police
have
conducted
their
investigation,
and
drawn

some
conclusions,
the
person
most
likely
to
have
committed
the
crime
is
usually
taken
into
custody
and
arrested.
Probable
cause,

that's
what
a
police
officer
needs
to
Arrest
someone.
And
probable
cause
is
when
the
police
have
a
reasonable

belief
that
the
person
they
want
to
arrest
committed
a
crime.
It
would
severely
damage
my
career
to
falsely

accuse
and
arrest
someone,
and
take
their
freedom
away,
just
because.
I
can't
do
it.
And
the
constitution
doesn't

allow
me
to
do
that.
If
an
officer,
God
forbid,
decided
they
wanted
to
go
out
and
do
that,

their
career
in
law
enforcement
is
pretty
much
going
to
be
over.
And,
in
certain
circumstances,
they
may
end

up
in
jail
themselves.
The
only
place
the
police
can't
arrest
someone
is
in
that
person's
home,
unless
the
officers

have
an
arrest
warrant
signed
by
a
judge.
The
laws
regarding
protecting
individuals
who
are
in
their
home
come

from
the
Constitution,
come
from
the
courts,
and
come
from
the
case
law
as
we
know
it.
The
police

are
not
allowed
to
go
into
someone's
home
to
make
an
arrest
unless
they
have
an
arrest
warrant.
And

typically
what
you'll
see
is
police
going
to
a
home,
knocking
on
the
door,
announcing
themselves,
asking
individuals
to
step

outside,
at
which
point
they
conduct
an
arrest.
But
just
as
it
is
with
a
search
warrant
the
exception

here
is
Exigent
Circumstances.
If
the
police,
for
instance,
arrive
at a
home
that
they're
going
to
search,
or
where

they're
going
to
arrest
somebody,
and
there
is
an
injured
victim
inside
who's
perhaps
dying,
or
the
defendant
has
a

gun
to
an
individual's
head,
they
don't
have
to
stand
at
the
door,
and
knock,
and
announce
their
presence

there.
They
can
violate
that
rule
basically,
and
go
inside
the
house
to
try
to
save
this
victim
or

save
the
individuals
because
the
circumstances
require
that.
Resisting
arrest
simply
by
pulling
away
is
a
misdemeanor.
But
pushing,

or
shoving
an
officer,
or
even
swatting
at
his
hands
becomes
assault,
and
that's
a
felony.
One
of
our

most
well
known
Constitutional
protections
is
the
right
to
receive
the
Miranda
Warning,
a
right
which
comes
from
the
Fifth

Amendment,
and
applies
to
both
adults
and
juveniles.
To
be
given
the
Miranda
Warning
is
to
be
told
that,

you
have
the
right
to
remain
silent.
That
anything
you
say
can
be
used
as
evidence.
That
you
have

the
right
to
an
attorney.
That
if
you
can't
afford
an
attorney
the
state
will
appoint
one
for
you.

The
police
are
required
to
read
the
Miranda
Warning
to
an
individual
who
is
in
custody.
And
in
custody

and
under
arrest
are
not
always
the
same
thing.
When
you
have
an
individual
in
custody
doesn't
mean
they
are

under
arrest,
just
means
you
have
them
detained.
When
you
arrest
a
person
that
means
they
have
been
detained,

they
are
going
to
jail,
and
they
are
going
to
be
booked
into
the
jail.
And
being
booked
is

basically
having
the
paperwork
drafted
up,
that
state's
all your
biographical
information,
getting
fingerprinted,
having
your
mug
shot
taken,
your

photograph
taken.
Fingerprints
and
Photographs
are
just
one
kind
of
evidence
the
police
gather
during
the
booking
process.
They
may

also
ask
for
a
blood
sample,
or
even
strands
of
hair,
both
for
DNA
testing.
This
evidence
is
then

used
to
match
evidence
left
at
the
crime
scene.
And
the
police
may
even
put
you,
or
your
photo,

in
a
lineup
to
see
if
you
can
be
identified.
In
the
lineups
that
are
conducted
by
the
police
suspects

have
the
right
to
have
an
attorney
present,
an
attorney
to
help
stage
the
lineup,
so
that
is
fair

and
that
it's
not
suggestive.
You
may
have
a lineup,
for
example,
with
five
people,
or
people
of
color,
and

then
one
Caucasian.
And
the
suspect
is
a
Caucasian,
that
would
be
suggestive.
So
the
lineup
has
to
be

fair,
and
to
ensure
that it's
fair a
lawyer
should
be
present.
There
is
no
procedure,
once
a
child
has
been

arrested,
to
appear
in
a
lineup.
But
part
of
being
arrested,
the
police
officers
often
do
show
us
with

the
children,
they
take
them
back
to
the
scene
of
the
crime,
and
ask
the
victim
whether
or
not

they
can
identify
the
child
as
being
the
person
that
committed
the
act
that
they
are
accused
of.
And

so
being
formally
charged
with
a
crime
begins
when
the
police
make
an
arrest.
At
that
time
a
suspect

may
be
released
with
a
citation,
or
on
a
promise
to
appear
in
court,
or
the
suspect
may
even

be
sent
to
jail.
Everyone
who's
arrested
doesn't
necessarily
go
to
jail.
It
will
depend
on
that
individual's
prior
criminal

history.
If
they
don't
have
any
prior
criminal
history,
typically
they
will
be
charged
or
cited,
given
a
notice

to
appear,
and
they
don't
have
to
be
booked
into
jail.
What
they'll
do
is
simply
appear
in
court

on
a
given
court
date.
When
a
juvenile
is
arrested
for a
misdemeanor,
the
parents
are
called,
and
the
parents

can
come
pick
their
child up
from
detention
center.
The
parents
are
given
a
notice
to
appear,
the
same
that

adults
get
sometimes.
And
they
have
the
child's
next
court
date
on
it.
If
a
juvenile is
arrested
for
a

felony,
or
a
violent
misdemeanor,
such
as
domestic
battery,
that
juvenile
can
be
detained,
which
is
held
in
the

juvenile
detention
facility,
for
a
period
of
time,
while
they're
awaiting
the
arraignment
on
their
official
charges.
In
the
criminal

justice
system
the
Constitution
provides
many
different
safeguards,
always
making
sure
that
the
accused
are
treated
fairly
and
without

bias.
I
think
one of
the
strongest
points
of
the
American
justice
system
is
that
there
are
safeguards
in
our
Constitution

and
the
laws,
to
protect,
not
only
our
individual
rights,
but
also
the
rights
of
the
community
as
a

whole,
to
make
sure
we
are
all
safe,
in
our
homes,
in
our
businesses,
and
in
the
pursuit
of

our
happiness.
From
federal
statutes
to
state
statutes,
search
warrants
to
arrest
warrants
to
Miranda
rights,
the
system
carefully

balances
the
rights
of
the
accused
with
the
rights
of
the
victim,
as
well
as
the
safety
of
individual

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