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Processing a Defendant

In: Social Issues

Submitted By xoheidisays
Words 4401
Pages 18
Unit 4 Corrections and Prisons

August 12, 2012

Abstract Today we will be discussing how a defendant is processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution or release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law.

Federal Investigation Outline Format for Presentation Process

1.0 Investigation

1.1 Evidence: - It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place.
1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes that they have a lock tight case, he or she may request a warrant bases off probable cause. The federal law enforcement officer or an attorney for the government will bring the affidavit or evidence before a magistrate judge with authority in the district. The judge may

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