Chapter Overview

        At some point during the investigation of a crime, the investigator will decide to invoke the processes of the judicial system, if preparing for and taking a case to court were not the goal or, at least, one of the goals of a criminal investigation, there would be little point to investigating. That goal, however, may not always mesh with reality. Sometimes, despite the high level of investigative work done by the law enforcement agency, cases may not be prosecutable. First, even if a case is investigated as thoroughly as possible, many investigators at some time throughout their careers will be faced with the fact that the suspect simply cannot be identified. Second, if there is a suspect, investigators may not have enough evidence to arrest and later convict the perpetrator. Third, there may be situations in which legal requirements, such as probable cause, Miranda rights, evidence collection rules, are violated. Finally because of certain rules of evidence or evidentiary privileges, some information garnered in an investigation may not be admissible. In short, investigators should always be aware of potential factors that may prevent or impede the prosecution of a criminal case. The time at which the judicial system becomes involved during the course of an investigation is not uniform. The decision to begin involving the judicial system may come at the conclusion of the investigating, ro it may occur at some earlier point. That decision will be based on a variety of factors, including identification of a suspect, collection of essential evidence and information for the case, and cooperation of witnesses and victims. Regardless of when the decision is made, the first step is bringing the accused before the court. How, when, where, and why this is done are the topics of the first part of this chapter. Next, the chapter discusses the trial process, including the order in which a trial is conducted and the elements of a criminal trial. This is followed by sections on the rules of evidence, evidentiary privileges, and the investigator as a witness.