IN SUMMARY Thanks to all the crime shows on television, the various stages of the criminal justice process and the accompanying standards of proof are known to many of us. While the names of the stages and standards vary depending on the particular country and court, generally speaking the stages and standards are as follows. STAGE STANDARD ABOUT Commission of a crime Physical act and mental state To have violated criminal law, the perpetrator must have committed a harmful act, usually with intent to commit harm. Fact-finding Reasonable grounds to suspect a crime was committed When international crimes are committed, the first teams on the ground after frontline documenters will be charged with fact-finding. The fact-finders will be authorized to assess a situation if it is suspected that a crime was committed within the jurisdiction of the investigating body. Their job is to collect detailed information that institutions such as the UN Security Council or Commissions of Inquiry need to make decisions about peace and security. This information also helps investigators determine if there are reasonable grounds to launch a full investigation. Call for an investigation Reasonable grounds to believe a crime was committed In both national and international contexts, investigators and lawyers will examine the initial evidence collected and decide if there is enough evidence to believe that a crime was committed. If so, they will launch an official investigation. Investigation Reasonable grounds to believe a crime was committed An investigation is the continued systematic collection, preservation, and analysis of evidence to uncover the truth about the commission of a crime, including who committed the crime (or crimes) and how. Warrant for arrest Reasonable grounds to believe that the particular person committed the crime Once lawyers, working with the investigators, have enough evidence against a particular person, they will ask a judge for a “warrant for arrest,” an official document that gives them authority to take the suspect into custody. Arrest Reasonable grounds to believe that the particular person committed the crime Physically taking and keeping a person in lawful custody, in accordance with the warrant. Initial appearance Reasonable grounds to believe that the particular person committed the crime This is the first time the suspect goes in front of a judge. The judge notifies the suspect of the charges against him or her, advises the suspect of his or her rights, sets bail, or dismisses the case for lack of evidence. 19 VIDEO AS EVIDENCE: STAGES & STANDARDS OF PROOF V 1.0 LAW THE CRIMINAL JUSTICE PROCESS

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