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what are the things detectives need to charge a person with rape besides dna she is 14 and the man is 19 y there not arresting him is it because they do not have enough evidence and say if he didnt do it and no priors

2007-09-12 15:34:18 · 7 answers · asked by Steven B 1 in Politics & Government Law Enforcement & Police

7 answers

AN ARREST WILL COME IF SHE IS 14 THIS IS CARDNAL KNOWLEDGE ALSO, A RAPE, +++LOOK AT THE STEPS IN A CASE TO BE DEVELOPED OK
1. CRIME
INVESTIGATION OF BOTH SIDES OF THE STORY

2.PRE ARREST INVESTIGATION
WEIGHTING OF THE EVIDENCE TO A FINDING OF WHO IS GUILTY

3.THE ARREST
TAKING INTO ACTUAL CUSTODY

4. BOOKING
ADMINISTRATIVE PROCESS OF THE ARREST A RECORD NOW EXISTS

5.POST ARREST INVESTIGATION
SEARCH OF HOME, WITNESS STATEMENTS ETC

6. DECISION TO CHARGE
BY POLICE AND THEN PROSECUTOR

7.FILING THE COMPLAINT
ACTUAL BELIEF A CRIME TOOK PLACE AND THE PROSECUTOR HAS CHARGED THE PERON BEFORE A COURT OF LAW

8. MAGISTRATE REVIEW OF COMPLAINT
REVIEW FOR CORRECTNESS OF FILED CASE BECAUSE THE COURT OF THE MAGISTRATE CANNOT TRY FELONY CASES THIS DONE EX PARTE PRESENTATION OF CASE ON PAPER AND PROSECUTION ONLY BEFORE THE MAGISTRATE

9.FIRST APPEARANCE
BEFORE THE MAGISTRATE TO SEND THE FELONY CASE FORWARD-CHARGE ETC IS TOLD TO DEF AND RIGHTS TOLD ALSO ABOUT COUNSIL FOR THEM-

10.PRELIMINARY HEARING
MAGISTRATE REVIEW-BEFORE MAGISTRATE AND GRAND JURY REVIEW OF CASE

11.GRAND JURY REVIEW
IF SUFFICENT EVIDENCE PROCEE WITH A BILL NOT ENOUGH EVIDENCE NO BILL CASE AND CHARGES DROPPED

12.FILING THE INDICTMENT
SET BEFORE A COURT A A TRUE BILLING OR COMPLAINT

13.ARRAIGNMENT
DEFENDANT ARRAIGNED BEFORE THE COURT--ENTER PLEA GUILTY NOT GUILTY

14. PRE TRIAL PROCEDURES
NOT GUILTY PLEA --DISCOVERY TAKES PLACE INTO CASE BY BOTH SIDE PROSECUTION AND DEFENSE

15.TRIAL
FACT FINDING PROCESS OF WHAT TRANSPIRED-GUILT OR INNOCENCE

16.SENTENCING
GUILT IS DETERMINED AND SENTENCING ACCORDING TO THE LAW WILL TAKE PLACE

17.APPEALS
DEFENDANT MAY APPEAL CONVICTION OF SENTENCE

18. COLLATERAL CHALLENGES TO THE CONVICTION
NOT RELATED TO THE CASE ITSELF BUT TO THE WAY THE COURT HANDLED ITS AFFAIRS IN ACCORDANCE WITH THE RULES OF CRIMINAL PROCEDURE

19.ADMINISTERING THE SENTENCE
ALL FELONY CASES ARE TO BE FOR 1YEAR AND A DAY THIS IS A FELONY AND MOST LIKE THIS CAN HAVE MULTIPLE CHARGES ATTACHED-RESTITUTION ETC.

THE PROBLEM OF YOUR 14 YEAR OLD IS THAT IT IS A JUVENILE CASE AS WELL--

2007-09-12 16:10:31 · answer #1 · answered by ahsoasho2u2 7 · 0 1

It is not up to detectives to charge anyone. They investigate and possibly arrest but the local prosecutor (DA) decides if they are charged.
Prosecutors want to win their cases and not clog the courts with questionable cases.
They decide what is needed.
A good detective would examine the scene and do an in depth interview with the victim. There is a lot of physical evidence that can be used that is not DNA. There is also circumstantial evidence, such as location and relationships. Interrogation with the suspect could easily yield incriminating evidence or a confession.
In this case there is only a 5 year age difference, in some states consensual sex between a 14 year old and a 19 year old makes prosecution questionable.

2007-09-12 22:46:45 · answer #2 · answered by Anonymous · 0 0

DNA is enough to have a person arrested. If they arent arresting him, it would be because of lack of dna evidence.
I hope things work out. If the guy doesnt go to jail, he will get his and God will see to it that he learns that what he did was wrong.

2007-09-13 00:57:29 · answer #3 · answered by Somaesthesia 5 · 0 0

if there is no evidence, there is no crime. sorry!

"innocent until proven guilty" is america's motto, so that man is innocent until evidence can be brought forth and then established as truth in a court of law.

2007-09-12 22:42:41 · answer #4 · answered by LoveDior 3 · 0 0

Have a shotgun wedding. When she is 30, he will be 35

2007-09-12 22:39:37 · answer #5 · answered by Anonymous · 0 0

YES or they would arrest him. Sorry to hear about your problem.

2007-09-12 22:42:00 · answer #6 · answered by Joseph D 1 · 0 0

What????

2007-09-12 22:40:03 · answer #7 · answered by ? 6 · 0 0

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