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| The Courts and the Criminal Justice System: |
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Definition
• Fighting crime is societal activity and every year local, state, and federal governments spend $214 billion dollars on the criminal and civil justice system in the United States (Bureau of Justice Statistics 2009).
• Approximately 2.5 million people earn their living working in the criminal justice system. Police make about 14 million arrests and everyday correctional personnel supervise 7.3 million people. |
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Is depicted as 3 overlapping circles: Police are responsible for apprehending criminals; the courts are responsible for deciding whether those arrested are legally guilty and, if so, determining the sentence; corrections is responsible for carrying out the penalty imposed on the guilty. The whole system is not ran smoothly instead the system is both interdependent and fragmented
• Police, courts, and corrections are separate government institutions with different goals, histories, and operating procedures. Although they may be separate the 3 of them tied together to because they have to interact with one another.
• Judges, prosecutors, public defenders, clerks, court reporters, and bailiffs are all employed by separate and government agency. |
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| Refers to separate state and federal courts. (rarely do cases move from one system to the other.) |
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| initially process the felony cases but cannot find the defendant guilty. Their primary actions involve the processing the millions of minor offenses such as public drunkenness, petty theft, and disorderly conduct. |
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| are responsible for the final phases of felony prosecutions. This si where the defendant is charged with the crime whether they be murder, robbery, burglary etc. |
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| 1. trial courts of limited jurisdiction (municipal, county, and state jurisdiction) 2. Trial courts of general jurisdiction (district, superior, circuit) 3. Intermediate courts (found in at least 39 states) 4. Appellate court of last resort (Supreme Court) |
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| 1. Magistrate Court 2. District Courts 3. Circuit courts of appeals 4. Supreme Court of the United States. |
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| they are the most influential of the courthouse. Their offices deiced which cases to prosecute, which cases to plea-bargain, and which cases to try. They can also be influential in the matters of setting bail and choosing sentencing. |
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| Most people can not afford an attorney for the government must appoint one to them. They often urge the the defendant to plea guilty on the assessment that jury will find the defendant guilty beyond reasonable doubt. |
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| they are by and large elected by the voters. Federal judges are nominated by the president and confirmed by congress. They can set bail, instruct jurors about the meaning of the aw, and only judges can impose sentences. |
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| The prosecutor must prove probable cause to believe the defendant committed the crime. Probable cause involves 2 elements: proof that a crime was committed and a link between the defendant and that crime |
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| Prosecutor reviews the case, paying particular attention to the strength of the evidence but also keeping in mind office police on case priorities. Half the time this review results in dismissal. |
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| Required for all federal felony prosecutions. They are dominated by the prosecutor. |
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| The defendant is given a formal copy of the charges held against him and advised of his rights. This is where he can enter a plea |
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| Most findings of guilt result not from a verdict at trial but from voluntary plea by the defendant. 90% of all felony convictions (end in plea bagain) are the product of negotiations, between the prosecutor and the defense attorney(sometimes the judge as well). |
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| Trial by jury is one of the most fundamental rights granted to those accused of violating the criminal law. A jury trial typically begins with selection of 12 jurors. Each side makes opening statements, indicating what they think the evidence in the case will show |
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| The principal decision the judge make id whether to impose a prison sentence or place the defendant on probation. |
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| Virtually all defendants found guilty during trial contest their fate, filing an appeal with a higher court in the hope tat they will receive a new trial. |
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| the representation of criminal conduct. Unless crime is controlled, the right of law-abiding citizens will not be protected, and the security of society will be diminished. |
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| emphasizes protecting the rights of the individual. It advocates concerned about lawbreaking; they see the need to protect the public from predatory criminals. At the same time they see that grating to much leeway to law enforcement officials will only result in the loss of freedom and civil liberties for all Americans. |
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| Freedom of Speech but with limitations. Freedom of assembly, Freedom of religion. Freedom of the press. Freedom to petition the government for redress and grievances. |
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| You have the right to bear arms |
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| No unreasonable search or seizures. No warrant should be issued without probable cause. ***exit and circumstances*** |
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| The right to remain silent no self incrimination. Double Jeopardy. Grand Jury. Emminent domain; if they take your property they have to compensate you for your property. Guaranteed Due Process. |
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| You have to be informed of the charges against you. You have the right to a trial by judge or jury. The right to an attorney. The right to confront witnesses and subpoena. |
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| No excessive fines or bail. No cruel or usual punishment. |
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| Equality for all and due process. |
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| Civil suits are usually about money. The main goal for criminal law is retribution or punishment. There needs to be purpose and evidence is required. The amount of evidence required for criminal law is proof beyond reasonable doubt. For civil law the amount of evidence is preponderance of evidence about 51 percent. For criminal law the jury all have to agree 100 percent to agree. For ciivl law 75 percent of them only have to agree. Public representation yes is needed in criminal law. In civil law you don't need an attorney. |
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| : is a violation of the law if you did or didn't do something. Commission or omission |
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| reasonable suspicion. the officer has o articulate that you will be, has been, or currently is involved in a crime or criminal activity. face to face contact with the police and is based on reasonable suspicion and the detainee is not free to leave. |
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| the law does not need any consent unless you give them consent. your are not obligated to cooperate, your are free to leave at any time. No justification is needed. |
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| Taking a person in to custody in a manner authorized by the law. The arrest can be made by the police and a private citizen. |
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| a citation and no jail time. No jury trial or attorney |
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| lower level crimes and variety of sentences. Fines, county jail time or probation with conditions. |
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| You can pay a fine and state prison. |
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| Arraignment/Initial Appearance |
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| the first time you see the judge. The DA agrees with a charge against you, most of the time they try to arrest you on the most serious charge you committed.***You are informed of the charges, you will be informed of your rights (court room rights), they have an obligation to verify your identity, you must enter a plea |
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| bail ensures your return to court. To ensure public safety. |
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| did a felony occur and is this the right person |
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| finding of fact where the trial reaches a verdict |
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| 5 goals of sentencing/sentencing |
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| Punish/retribution, rehabilitate, restoration, deterrence, incapacitate. |
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| have to been in prison, finishing your sentencing on the outside. they give up 4th amendments right, they are assign a parole officer, they need to inform the parole set at the state level. |
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| you don't have to be in probation to go to jail. Your in lieu on going to jail. Tailored to your individual crime (conditions are given based on your crime). Set at the local level. Probation can be formal and informal. |
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| can best be defined as "stuff". Almost anything can be evidence.Must be relevant and legally obtained. |
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| designed to punish law enforcement. enforced in the court |
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| Direct vs Circumstantial Evidence |
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| Direct is something that there is no doubt about. Circumstantial is whether or not they committed the crime. |
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| the desire effect of of well presented evidence |
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| lock up the bad people and keep them there. They are more concern with the safety of the public. |
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| more important to respect the rights of the defendant. |
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| 3 sources. Statutory Law: passed by a legislative body. Constitutional Law: Tries to explain the relationships between the government and the people. Sometimes they step in to solve state law. Case law: it all comes through the appellate process. |
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