Probable Cause Essays

937 Words Dec 10th, 2010 4 Pages
Tillian Stokeling
November 10, 2010
Criminal Procedures
Mid- Term Probable cause does not rise to the level of proof beyond a reasonable doubt but must be beyond a mere hunch or guess. The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender. There are a variety of sources to establish probable cause and they are personally observed facts by an officer, information received from an informant. When information supplied by informant the courts and police need to know what facts was observed by them and why should their information be
…show more content…
During the proceeding no defense attorney can be present, even if the potential defendant has been called as a grand jury witness. If and offense charged is punishable either by death or by imprisonment for longer than a year it requires a prosecutor to procure an indictment. A federal jury indictment or information must be plain and tightly written statement of the operative facts that the government thinks constitute the crime and must be signed by a prosecutor in the United States attorney’s office. However, the Fifth Amendment requirement of a grand jury indictment does not apply to the individual states of the United States; states are free to use their version of a grand jury system or to initiate criminal prosecutions with information.
Case in Chief is when evidence is presented in a trial by the prosecution and defense. The government’s case begins when the prosecutor calls the first witness to give testimony. They can only ask the witness direct questions and not leading questions. The evidence is directed toward meeting the burden of proof, which is proof beyond a reasonable doubt, which includes oral testimony, evidence by witness, and a view of the crime scene. The prosecutions usually present most of their evidence from their witnesses that are referred to as lay witnesses. They have firsthand information about what happened. Usually police officers are known as the lay witness but may on occasion testify as expert witnesses where

Related Documents