Suspects
The concept of "suspects" in the criminal justice system refers to individuals who are believed to have committed or are about to commit a crime, categorized by varying degrees of suspicion. There are three primary levels of suspicion: mere suspicion, reasonable suspicion, and probable cause. Mere suspicion is the lowest level, characterized by an officer's instinctive feeling without substantial evidence, allowing only for non-intrusive observation. Reasonable suspicion indicates that there is a greater than 50% chance that a crime is occurring or will occur, permitting officers to conduct brief stops and pat-downs for weapons. The highest level, probable cause, occurs when tangible evidence supports the belief that a crime has been committed, allowing for arrest and booking procedures.
During booking, personal details about the suspect are recorded, and they are informed of their Miranda rights, which outline their rights to remain silent and to legal representation. Suspects may also be involved in identification procedures, such as police lineups or show-ups, which must adhere to specific legal standards to ensure fairness. Various investigative techniques, including DNA testing and surveillance, are employed to establish or clear suspicion. Understanding these processes is crucial for recognizing the legal framework surrounding the treatment of suspects within the justice system.
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Suspects
SIGNIFICANCE: Procedures for the proper investigation, arrest, and booking of criminal suspects are well defined by statutory law and court rulings.
People can be suspected of committing crimes at three basic levels. The lowest level occurs when a law-enforcement officer has a mere “hunch,” or slight suspicion, that someone has committed a criminal act or is about to commit one. For example, slight suspicion would exist if the officer were to observe a known drug dealer conversing with a known drug user. However, those two persons might well be talking about completely innocent topics, and there is probably less than a 50 percent chance that a crime is developing. At that level of suspicion, the officer can only follow the suspects, to see if a crime develops, or confront, them in a nonthreatening manner.
The second level of suspicion is reasonable suspicion . This level exists when there appears to be a greater than 50 percent chance that a crime has taken place or is about to take place, based on the “totality of the circumstances” as described in the US Supreme Court’s ruling in Terry v. Ohio (1968). Reasonable suspicion by itself is insufficient cause for making an arrest, but it is sufficient cause for a stop and frisk.
Stop and frisk is the temporary stopping of suspects long enough to conduct brief investigations and pat-downs of their exterior clothing for concealed weapons. If no evidence of criminality is found, the suspects are immediately released. Significantly, suspects who refuse to identify themselves during such stops may be arrested under a ruling made by the Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada (2004).
The third and highest level of suspicion is probable cause, which exists when law-enforcement officers have tangible evidence of criminality. Officers holding such evidence may arrest the suspects.
Booking Suspects
When suspects are juveniles who meet the standard of probable cause, they are held in sight-and-sound separation from adult suspects. Adults, however, are usually taken directly to jail facilities for booking. During booking, detailed descriptions of them are made, details of the offenses are recorded, criminal background checks are conducted, fingerprints and photographs are taken, and personal property is confiscated. After suspects are booked, pretrial hearings are held to determine the legitimacy of the probable cause and whether the booked suspects need defense attorneys and possible pretrial release on bail or other special provisions.
Once in custody, suspects must be told of their Miranda rights, and the arresting officers must ascertain that the suspects understand those rights before they are questioned about their alleged offenses. Miranda rights include the suspects’ right to remain silent and the right to an attorney. The reading of these rights also includes the warning that anything the suspects say might be recorded and later used against them.
Suspects may also have to appear in police “show-ups” or police “lineups,” which are used to help witnesses and victims make identifications. In both procedures, the suspects have the right to have attorneys present if criminal proceedings against them have begun—usually by the filing of indictments.
Show-ups bring witnesses and victims into police stations to view and possibly identify suspects. They are conducted when photographs of the suspects are not available and lineups are not possible. According to the US Supreme Court’s ruling in Neil v. Biggers (1972), show-ups are permissible when conducted soon after the offenses occur, when witnesses have proper lighting and opportunities to observe the suspects for substantial periods at the time the offenses occur and are confident of their ability to identify suspects, and can provide detailed descriptions of the suspects prior to the show-ups. When formal lineups are used, the Supreme Court has ruled that they not be “impermissibly suggestive” and should place each suspect among at least four other persons who are not suspects.
Criminal suspects may also be subject to investigative techniques involving tracking and electronic eavesdropping equipment, such as computers, cell-phone taps, wiretaps, and bugs. Most of these procedures require warrants. Suspects are often cleared of suspicion by law-enforcement use of DNA evidence, polygraph tests, and the establishment of alibis.
Bibliography
Becker, Ronald F. Criminal Investigation. Gaithersburg, Md.: Aspen Publications, 2000.
Gilbert, James N. Criminal Investigation. Upper Saddle River, N.J.: Prentice-Hall, 2001.
Osterbug, James W., and Richard H. Ward. Criminal Investigation. 3d ed. Cincinnati: Anderson, 2000.
"The Right to Silence for Criminal Suspects Under the Law." Justia, 16 Oct. 2023, www.justia.com/criminal/procedure/miranda-rights/right-to-silence/. Accessed 10 July 2024.
Voigt, Riccola. "Constitutional Rights in Criminal Cases." Lawyers.com, 17 Apr. 2023, legal-info.lawyers.com/criminal/criminal-law-basics/rights-of-criminal-suspects-and-defendants.html. Accessed 10 July 2024.