Constitution

Written document that embodies the basic laws of a nation or state. 

Branches of U.S. Constitution

• executive branch
• legislative branch
• judicial branch 

Bill of Rights

Amendments to the constitution to further clarify the rights of individuals under the U.S. Constitution. (Origianl 10 Amendments)

Two powers given to Law Enforcement

the power of arrest

the power to use deadly force

Six Amendments needto know

First

Fourth

Fifth

Eighth

Fouteenth

First Amendment

Freedom of religion
Freedom of Speech
Freedom of the Press

Freedom of Assembly

Right to petition the government for a redress of grievances

Fourth Amendment

Freedom from unreasonable searches and seizures

Fifth Amendment

Freedom from being tried twice for the same crime

Freedom from self-incrimination

Sixth Amendment

Right to be told of charges when arrested

Right to a speedy trial

Right to a public trial by an impartial Jury

Right to confront witnesses

Right to counsel

Eight Amendment

Freedom from excessive bail

Freedom from cruel and unusual punishments

Fourteenth Amendment

Basic right of a defendant in a judicial proceeding

The requisites for trial (due process)

Right to equal protection of the laws

First Amendment Provision

Shout "fire" in a crowded auditorium

sceam or shout to the point of disturbing the peace

disturb an orderly assembly, a church service, or a session of the court,incite a riot,urge others to commit a crime accost others in public place with language likely to produce a violent response falsely report the presence of an explosive device (bomb) 

Fourth Amendment 

Provisions

Does not give individuals an absolute right to privacy; neither does it prohibit all searches

Officers may thoroughlyl search a person along with that person's effects for any weapons and/or properly seize such items for use as evidence

An individual's home may not be used as a place of refuge for criminals

On fresh and immediate pursuit, officers may follow a criminal who has taken refuge in a house or building, and may force their way into the building withoug a warrant to make the arrest

Fifth Amendment Provisions

Individuals may not be tried for the same offense twice

Individuals cannot be compelled to testify against themselves at a criminal case

Individuals must be afforded due process of law before they can be deprived of life, liberty, or property. 

Sixth Amendment Provisions

Any violation of the rights noted in this amendment may result in: 

exclusion of evidence

dismissal of the case and /or

criminal liability to the officer or the officer's agency 

Eight amendment provisions

Defendants have a right to bail before conviction to permit the unhampered preparation of a defense

Bail serves to prevent the infliction of punishment prior to conviction

The courts have established limitations on what is acceptable punishment, thereby defining "cruel and unusual" punishment

Punishments of torture are forbidden by this amendment

Fourteenth amendment provisions

Persons protected under te U.S. Constitution cannot be denied life, freedom, or their property without a course of legal proceedings by the government justifying the action.

Due process of the law begins at the point of the initial investigation

States may provide further rights not defined by the U.S Constitution 

3 components  of the criminal justice system

Law enforcement

judicial 

corrections

Seven Primary Goals of Justice System

Guarantee Due Process

Prevent Crime

Protect Life and Property

Uphold and Enforce the Law

Dispense Equal Justice

Apprehend Offenders

Assure Victim's Rights

Federal Agencies

U.S. Dept of Homeland Security 

Federal Bureau of Investigation (FBI)

Drug Enforcement Admin (DEA)

U.S. Marshal Service

Immigration and Customs Enforcement (ICE

Alcohol, Tobacco, and Firearms Division (ATF)

Secret Service (SS)

U.S. Postal Inspectors (USPS)

Armed Forces Police

State Agencies

Youth and Adult Correctional Agency

California Highway Patrol (CHP)

Dept of Alcoholic Beverage Control (ABC) 

Dept of Fish and Game (F&G)

Dept of Forestry and Fire Protection (DOF)

Dept of Justice (DOJ)

Dept of Insurance (DOI)

Dept of Motor Vehicles (DMV)

Dept of Parks and Rec (DPR)

Franchise Tax Board (FTB)

Office of State Fire Marshal (SFM)

Univ/College Police Dept

Dept of Health Service (CDHS)

Local Agencies

Airport Police

County Marshals

Housing Police

Municipal Police

School Deistrict Police

Sheriffs' Dept

Transportation Police

Port Authority Police 

California Court System 

The California court system is based upon the federal system. It is comprised of one State Supreme Court, lower Trial courts, and higher courts called appellate courts to listen to appeals from the lower courts. 

Trial Court

Lower Court:

receive evidence and consider cases involving criminal activity or civil disputes

Appellate Court

Higher Court

Hear appeals from lower trial courts

Positions in Court System

Judge: Administering justice in a fair and impartial manner by applying the facts of the law

Prosecuting Attorneys: Prosecuting individuals accused of criminal activities, protecting public rights and privileges

Defense Attorneys: Defending the accused, defending the rights and privileges of citizens

Steps in a felony prosecution

Arrest

Arraignment

Right to Bail

Bail

Preliminary hearing

Indictment

Arrest

Taking a person into custody

in a case

in the manner authorized by law

Arraignment

The legal procedure where the court informs defendants of 

The nature of the charges against them

their elegibility for bail

their constitutional rights to:

counsel at all stages of the judicial process

plead guilty or not guilty to the charge.s, and a trial by court or by a jury

Right to Bail

A defendant's constitutioright to 

a reasonable bail 

-to permit the unhampered preparation of a defense before trial 

Bail

To permit the unhampered preparation of a defense before trial

A security deposited with a competent court or magistrate, to ensure that the accused person will appear for trial when summoned

Preliminary hearing

A screening procedure used in felony cases to dertermine if there is enought eveidence to hold a defendant for trial

Indictment

An accusation in writing formally charging a person with a crime or public offense

Many states, inlcuding CA, also use the grand jury indictment process to bring serious felony criminal cases to trial

Grand Jury's responsibility to determine if there is sufficient cause to believe that a person has committed a crime and should be made to stand trial

A grand jury indictment is filed with the superior court by the district attorney.  The court then issues a warrant and the offender is arrested.  The defendant is then held for arraignment in superior court. 

Trial

A formal, judicial examination and determination of issues (law or fact) between parties

Sentencing

A judgement that is formally pronounced by the court upon the defendant after conviction in a criminal prosecution 

Grand Jury

A body of a set number of citizens from within a country sworn to recieve complaints and accusations in criminal cases

resonsible for determining if there is sufficient cause to believe that an individual has committed a crime and should be made to stand trial