Chapter 62 The Standards Of Suspicion (2)

"Probable cause is the information sufficient enough to support a person's belief in a specific individual committed a crime or the evidence of a crime or contraband would be found in a search.

Just like 'reasonable suspicion', probable cause requires officers to have articulable facts and the circumstances surrounding those facts. It requires officers to consider the totality of the circumstance.

"The standard, however, only requires a substantial chance or fair probability of criminal activity," she said.

"Now tell me, with this information, what happens to probable cause when more information is found out about a suspect?" Kristina asked. She then pointed to an officer and expected him to answer properly.

"Well... when more information is found out that the suspect, it would result in probable cause to shift overtime in an investigation as they are far less likely to commit the crime?"

"That is correct Mr. Neave Donovan. Sit down." The recruit happily complied.

"If information is found out that the suspect could be innocent, then the probable cause will disappear, and vice versa. Therefore, all officers will have a duty to consider those facts when deciding to proceed with an arrest or to seek a search warrant.

The probable cause, however, also only requires a substantial chance or fair probability of criminal activity. Make sure you all remember that."

"Moving on to another question. Mr. Ridge Myers!" she said. Ridge stood up from his seat. This was the second time he got asked a question.

"Assuming that you have listened, what is the difference between 'Reasonable Suspicion' and 'Probable Cause'?" she asked. Ridge took in a light breath before he answered.

"Reasonable Suspicion is the belief that a person or an individual is acting suspiciously, while the probable cause is the information that is needed to support it. In terms of what it allows an officer, Reasonable suspicion can allow an officer to search a suspect, but not enough to make an arrest.

For an arrest, you need to have Probable Cause to proceed with an arrest or a warrant for an arrest. Those are the two differences between the two standards." he said.

"That is correct Mr. Ridge, well done. Sit down." Kristina replied. Ridge happily complied and sat down. Siphon leaned in a bit and whispered.

"What are the chances you get to answer again?" he asked Ridge.

"Likely," Ridge responded. Siphon leaned back to the right, listening to Kristina in her lecture.

"That concludes 'Probable Cause' which you all seem to have a good understanding of. We will now proceed onto the third standard." she said. Kristina licked her index finger and flipped the page.

"The third standard of suspicion is the preponderance of the evidence. The preponderance of the evidence is the only standard in the 5 standards that can be quantified by the law. It is met if a proposition is more likely to be true than false.

However, it is important to know that two opposing arguments do not always equalize the other out. For example, in a case where two witnesses give contradictory stories, officers can consider the credibility and truthfulness to help decide if the preponderance of the evidence is met.

Officers can also take into factor clues remaining at the given crime scene. It could also help identify the more accurate story, given by the witnesses, of what occurred. Especially when the guilty are among the witnesses.

Now in any case that the preponderance of the evidence is tied due to any logical or reasonable reason, then the preponderance of the evidence is not tied.

You should all also take note that whether an act of misconduct occurred, only needs to be shown by a preponderance of the evidence.

As officers conduct a preponderance of the evidence, there may be a shift as new information is identified. For example, if an incident that an officer once believed did not occur. Do you all understand until that point?"

"Ma'am Yes Ma'am!" they said out loud. To test their knowledge, Kristina asked them all a bunch of questions. All of them gave her satisfactory answers to her question to the point she felt comfortable moving on.

"Now you all might not use these final 2 standards, but sire Kant deems this knowledge important enough for you to all know.

I will first cover the 4th standard of suspicion being the 'reasonable likelihood of conviction'. It was made considering how an impartial finder of fact adds. The reasonable likelihood of conviction takes into account several factors.

These are the availability of the witness, the witness's likely impression of the jury, as well as issues in the availability of evidence. Prosecutors should consider available defenses including arguments made by a defense counsel and rulings made by a judge at pretrial proceedings.

ραпdα nᴏνa| сom Because even after an arrest, factors and circumstances can change, so prosecutors must consider all available information available to them when deciding whether a reasonable likelihood of conviction exists.

You should all also remember that reasonable likelihood of conviction is a much higher burden than probable cause, meaning prosecutors may agree to an arrest or seek a search warrant for an individual.

However! Due to the additional factors that they consider, they might not bring charges forwards if their valuation of the evidence presented does not provide them with the belief that a reasonable likelihood of conviction exists.

This would result in the closing of a case, or would be sent back to be investigated further. " she said.

"The next and final standard is..." Kristina pointed her finger at the table where Ridge was sitting.

"Mr. Siphon?" she said. Siphon shook when she spelled out his name. He nervously got up to give his answer.

"Um... is it the point where the suspect is most likely guilty?" he said.

"The proper term we like to use is 'beyond a reasonable doubt'. However, I will pass on your answer. Sit down." she said. Siphon breathed a sigh of relief and happily complied.

"Beyond a reasonable doubt is the standard used by prosecutors whether to bring criminal charges. It will be required by law as it ensures that people accused of crimes are protected from conviction, except upon proof beyond a reasonable doubt," she said.

"To reach beyond a reasonable doubt, all other standards of proof must be met. Which are, of course, reasonable suspicion, probable cause, the preponderance of the evidence, and a reasonable likelihood of conviction," she said as Kristina flipped to the last page.

Upon a glance, it appears it was empty. With that, she takes hold of the papers and faces the recruits one last time.

"That is the lesson for today. I hereby dismiss you all back to the fields," she said.