CCJS 100 – Criminal Act Assignment - DUE FRIDAY

Introduction to Criminal Justice Section 1.1: Major Components

Prepared By Adam J. McKee

“The” System? In reality, there is no one criminal justice system in the United States.

There are many similar systems.

Each state has its criminal justice system, and the Federal government has another still.

This section considers how these various systems are composed by looking at the major components common to them all.

2

Traditional Divisions Traditionally, the criminal justice system can be divided into three major components:

1. Police 2. Courts 3. Corrections

3

The Rule of Law It may seem that there is no real common thread to this system.

In the United States, the thing that binds all of the components together and regulates them is the Rule of Law.

Th e ru le o f la w is t h e id e a t h a t e ve ry p e rs o n is s u b je ct t o t h e la w, e ve n t h o s e t h a t m a ke t h e la w, in t e rp re t t h e la w, a n d e n fo rce t h e la w.

4

The Constitution The most potent law in the United States is the Constitution of the United States.

This body of laws provides all Americans with civil liberties that the government cannot violate.

If a state law or a federal law violates any of these protections, then the law will be declared void.

5

The Role of the Courts It is up to the appellate courts, most notably the Supreme Court, to interpret these laws and determine the exact nature and scope of specific civil liberties in the United States.

Further, if an agent of the state or federal government violates a person's rights, that person has remedies available.

6

Remedies Citizens can sue government employees that violate their rights under Section 1983 of the United States Code .

An important remedy in criminal justice is the exclusionary rule .

The exclusionary rule was established by the Supreme Court ( SCOTUS) to prevent police misconduct.

The rule states that illegally obtained evidence (evidence obtained in violation of someone's constitutional rights) cannot be admitted as evidence in court.

7

Police People tend to use the word police generically to indicate those individuals with law enforcement responsibility.

The majority of these are municipal police officers.

There are many sheriffs’ deputies as well as state and federal agents that do not technically fit under the umbrella term “police.”

8

Police Functions Enforcing the law is only a small fraction of what the police do every day.

They maintain order and provide many services to the communities they serve.

The police also have the responsibility of investigating crimes, collecting evidence, and work with prosecutors to obtain convictions in court.

9

The Gatekeepers The police are often called the “gatekeepers of the criminal justice system.”

This description is accurate because entry into the system requires formal action on the part of law enforcement.

Police officers have incredible decision -making authority when dealing with citizens and suspects.

An officer can choose to ignore an offense, issue a verbal warning, issue a written warning, issue a citation, or formally arrest the person.

10

Limits on Discretion Of course, the seriousness of the crime plays a major role in how the police exercise discretion .

An officer would not ignore or issue a citation to a person engaged in a serious felony crime.

11

Specialization in Policing The duties of police officers can be very general in the case of a patrol officer, or they can be very specialized in the case of a homicide detective.

The level of specialization depends largely on the size of the agency where the officer works.

Large, urban police departments tend to have more resources, more officers, and a higher degree of specialization.

12

The Backbone of Policing The backbone of policing is the patrol division, and patrol is always a generalist function.

The successful patrol officer is a jack -of -all-trades.

13

Courts When law enforcement and prosecutors accuse a person of violating a criminal law, it is up to the courts to determine if the person did indeed violate the law.

If so, it is up to the court prescribe the appropriate punishment.

Sentencing is limited by the sentencing laws in that court's jurisdiction.

14

Our Adversarial System Because the American legal system is adversarial in nature, there must always be two teams in any court case.

In a criminal matter, a lawyer known as the prosecutor presents the government's case.

A major goal of the prosecutor is to see the defendant found guilty of the alleged crime.

15

The Defense The defense attorney has the job of trying to show that the defendant is not guilty.

The judge serves as a referee, making sure that both sides diligently follow the rules of the "game."

The jury is tasked with deciding (at the end) who the winner is.

In the adult criminal justice system, all cases are adversarial in nature.

16

Finders of Fact In a jury trial, the jury serves as the finder of fact.

The term finder of fact in this case means that the jury decides whether the defendant is innocent or guilty.

In serious cases, the defendant has a right to trial by jury.

It is allowable, however, that the defendant consent to a bench trial.

A bench trial is a trial where the judge takes on the role of the jury as finder of fact.

17

Corrections is another umbrella term that encompasses many diverse crim in a l ju s t ice a ct ivit ie s .

Co rre ct io n s ca n in clu d e :

● p ro b a t io n ● p a ro le ● ja il ● p ris o n ● m a n y co m m u n it y-b a s e d s a n ct io n s

18

Corrections

What is it for? A problem with accurately defining corrections is a general disagreement about the philosophy of incarceration.

● Does society send people to prison as p u n is h m e n t , o r for p u n is h m e n t ? ● Do we e xp e ct p ris o n s t o p u n is h o r re h a b ilit a t e ?

Mo s t p e o p le ca n a gre e o n o n e t h in g: Th e p u b lic e xp e ct s co rre ct io n a l in s t it u t io n s t o e n s u re t h e p u b lic s a fe t y.

19

Jails Jailsare usually operated at the local level, most often under the leadership of a county sheriff .

Jails are most commonly thought of as holding individuals that have been arrested and are awaiting a first appearance in court.

Other jail inmates have been convicted of relatively minor offenses (misdemeanors) and are serving sentences of less than one year.

Other prisoners may have been convicted of serious offenses, and are housed in the local jail awaiting transfer to a state prison.

20

Prisons Persons convicted of serious crimes can be sentenced to a prison term.

A prison is generally larger, more secure, and provides more services than a jail.

The reason for these extra services is that prisons are designed for long sentences (relative to jail sentences).

Prisons are most often run at the state level of government, but there are also many federal prisons.

21

Defining Justice One of the overarching goals that brings the components of the criminal justice system together is that each is designed (in some way) to promote justice.

Everyone has an idea of what justice is, but pinning down a definition that will be widely agreed upon proves to be a challenge.

There are several different ways of looking at the idea.

22

Justice as Equality One way to view justice is in terms of equality .

In economic language, equality means that everyone gets the same amount, regardless of what they "put in."

23

Justice as Equity Another perspective is to view justice in terms of equity .

When viewed this way, it means that people get what they deserve.

Many feel that "just deserts" means that criminal punishments should be in proportion to the harm done.

This concept of just deserts in criminal justice has been referred to as retributive justice .

24

Lex Talionis The idea of wrongdoers being deserving of repayment in kind is known by the Latin phrase Lex Talionis, o r t h e law of retribution .

In it s p u re s t fo rm , le x t a lio n is is t h e Bib lica l d o ct rin e o f "a n e ye fo r a n e ye , a t o o t h fo r a t o o t h ."

In t o d a y's crim in a l ju s t ice s ys t e m , t h e id e a o f re t rib u t io n t a ke s o n t h e m e a n in g o f va ria b le le n gt h s o f p ris o n s e n t e n ce s .

25

Justice as Fair Process Another way to look at the idea of justice is to examine the process.

In other words, an act is just if it was done using a fair process.

Justice viewed in terms of fair process is often referred to as procedural justice .

This idea leaves room for debate as to what sort of processes are to be considered fair.

Accessibility and predictability are common criteria.

26

Due Process In the United States, the idea of procedural justice is closely tied to the idea of due process .

In a philosophical sense, due process means that agents of the criminal justice system conduct criminal proceedings in a "fundamentally fair" way.

In a practical sense, due process means that the state must respect all legal rights of accused persons.

27

Due Process and the Constitution What criminal justice procedures are required under due process is a dynamic body of rules.

These rules are most often judicial determinations of what exactly the Constitution means in practice.

The idea of due process is represented throughout the Bill of Rights , as well as being specifically guaranteed by the

1. Fifth Amendment (applies to the federal government) 2. Fourteenth Amendment (applies to state government)

28

Introduction to Criminal Justice

Section 1.2: Roles, Objectives, and Limits

Prepared by Adam J. McKee

Three Branches of Government Because the criminal justice system represents a function of the “state,” each of the Three Branches of Government has a role to play.

Each branch has different responsibilities; thus, each branch depends on the other to function properly.

Each of the three exists on the federal, state, and local level.

Each of these levels of government dominates some aspect of the criminal justice system.

Which Level of Government? Law enforcement is primary a local government function, as are jail operations.

Making criminal laws and operating corrections agencies is primarily a state function.

The federal government duplicates all criminal justice functions on a national scale.

Ultimately, prisons, jails, and corrections programs can be operated at all levels of government.

The Role of Legislatures The term legislature refers to lawmaking assemblies such as the Congress of the United States or the law making bodies of all the states.

Legislatures have many important functions in the criminal justice system.

Perhaps the most direct function is that the legislature determines what acts are crimes and what the punishment is for particular crimes.

Statutes and Codes They do this by enacting statutes.

Official versions of the law that are organized by subject are called codes.

Thus, when we refer to the criminal code (also called the penal code ) we are referring to a collection of statutes that define crimes.

Legislatures and Federalism In the dual federalist criminal justice system of the United States, state legislatures are the source of the bulk of criminal laws.

Another crucial role of the legislature is to provide funding for criminal justice agencies and programs.

Without funding, criminal justice activities would halt.

The Role of the Judiciary The role of the judiciary in criminal justice is complicated by the hierarchical nature of the court systems.

This hierarchy can be simplified by dividing courts into two major categories:

1. trial courts 2. appellate courts

Trial courts adjudicate the guilt of people charged with crimes and impose sentence on those determined to be guilty.

Myth v. Reality Hollywood leads to the conclusion that most criminal cases result in a trial by jury.

This is substantially incorrect.

The fact is that most criminal defendants who do not have their charges dropped prior to being formally charged will plead guilty.

Most of those guilty pleas are a result of plea bargaining , an unglamorous but necessary process that takes place largely out of the public view.

Appellate Courts Appellate courts are different in that they do not conduct criminal trials.

Rather, they hear complaints raised by people who were not satisfied with their treatment by the trial court or some other aspect of the criminal justice system.

Judicial Review The appellate courts can hear these complaints because they have the power of judicial review .

Judicial review means that the appellate courts can review a law made by the legislature and determine if it meets constitutional standards.

At the federal level, this means the standards set forth in the Constitution of the United States.

At the state level, state appellate courts can determine if state legislatures have acted within the limits of that state’s particular constitution.

Unconstitutional Statutes If the high court determines that a law is unconstitutional , then the law becomes void.

Sometimes lawmakers will attempt to redraft the law to meet constitutional standards, and other times they delete it entirely.

Appeals Courts Appeals courts also have the power to review the actions of government employees, such as law enforcement officers and correctional officers.

The most important appellate court in the United States is the Supreme Court .

The day-to -day activities of police officers are heavily influenced by Supreme Court decisions dictating how the police must treat suspects and evidence.

The United States has dual court systems due to the structure of the American government.

The Role of the Executive The executive branch of government includes the offices of the president of the United States, governors of the fifty states, and the mayors of America’s many towns and cities.

Often these individuals are directly responsible for many appointments within the criminal justice system.

Executive Appointments Mayors appoint chiefs of police in many towns and cities.

Governors appoint law enforcement heads as well as correctional leadership.

The President appoints federal judges, including those who sit on the Supreme Court.

Agenda Setting & Public Opinion The executive has a key role to play in setting criminal justice agendas and galvanizing public opinion.

Discretion in Criminal Justice A theme that permeates any discussion of the criminal justice system is the use and misuse of discretion .

The term discretion is used to indicate the power that agents of the criminal justice system have to make decisions based on personal judgments.

At this point, the discussion centers on discretion at the highest levels of government, and how that discretion influences the criminal justice system.

Common Objectives The Bureau of Justice Statistics (1993) has identified three common goals of every element of the criminal justice system. These are:

1. efficiency 2. effectiveness 3. fairness

Efficiency Efficiency means economically applying available resources to accomplish statutory goals as well as to improve public safety.

Effectiveness Effectiveness refers to carrying out justice system activities with proper regard for equity, proportionality, constitutional protections afforded defendants and convicted offenders, and public safety.

Fairness Fairness refers to justice issues such as assuring equal treatment and handling of like offenders and giving equal weight to legally relevant factors in sentencing.

Fairness is of such great importance because it is enshrined in the Constitution of the United States under the catchall phrase due process .

Procedural Due Process Note that the Supreme Court has focused on procedural due process as the ultimate measure of justice in the United States.

That is, the system of concerned with everyone being treated the same as they are processed through the system.

More often than not, the fairness of individual outcomes is of little concern.

The Constitutional Framework No matter where you live in the United States, you are protected by two independent criminal justice systems.

There is always the federal system as well as the system of the state.

This means that at both the state and federal level we find those who enforce the law, those who adjudicate the law, and those who punish and rehabilitate offenders.

While these broad goals are the same, the particulars are quite different.

Which Level of Government? The system is further complicated by the fact that most law enforcement in the United States is done on a local level.

Thus, local officers are enforcing state laws.

Offenders sentenced to a period of incarceration can serve their time in local jails or state run penitentiaries.

The federal system is less convoluted in that federal agents investigate federal crimes, and federal prosecutors take those cases to federal courts.

The Criminal Justice Burden By far, state and local government takes on the largest share of the criminal justice burden.

As citizens, the local police departments and sheriff’s departments that serve us are whom we depend on to protect us from criminal harms.

The Nonsystem Argument One of the most enduring debates about the criminal justice system of the United States is whether it is a system at all.

The term system suggests components that work together to achieve some overarching goal.

Critics argue that no such thing happens in American criminal justice.

What the Naysayers Say They argue that the police, courts, and corrections agencies act independently of each other with different financial resources and different goals and objectives.

Many critics see a failure to organize around a central purpose, and thus we find that the criminal justice system is no system at all.

This position is known as the Nonsystem Argument .

The Role of Rules in Criminal Justice One common aspect of all criminal justice systems within the United States is the abundance of rules that govern criminal justice activities.

These rules are hierarchical.

The most important and enduring rules that must be followed by agents of the criminal justice system are those enshrined in the Constitution of the United States.

The Bill of Rights Most of the safeguards of American civil liberties against intrusion by the government are contained in the Bill of Rights .

The Bill of Rights is the first ten Amendments to the Constitution.

Codes After the federal constitution and the constitution of the states comes federal and state statutes.

The collection of federal statutes organized by topic is called the United States Code.

St a t e s h a ve a crim in a l co d e s a s we ll.

Court Rules and Agency Regulations There are also court rules established by the high courts that bind the lower courts as well as agents of the criminal justice system.

At the federal level, these are known as the Federal Rules of Criminal Procedure.

In a d d it io n t o t h e s e va rio u s la ws , t h e re a re a ge n cy ru le s a n d re gu la t io n s t h a t a ge n t s o f t h e crim in a l ju s t ice s ys t e m m u s t fo llo w.

Why We Need Discretion Discretion refers to the authority the public gives agents of the criminal justice system to make decisions based on their own professional judgment.

Discretion is necessary because formal rules cannot take into account every contingency criminal justice professionals encounter in practice.

To function effectively, criminal justice professionals must make judgment calls.

Juvenile Justice: The Bad Old Days For much of history in the United States, children were treated the same as adult criminals.

According to common law, the defense of infancy was available to children below the age of seven.

The idea was that very young children were not culpable because they lacked the capacity to understand the wrongfulness of their actions.

After age seven, the infancy defense disappeared, and children could face prison and even death.

Reform During the 19 th century, society’s view of children began to change.

People began to realize that children were not merely miniature adults.

They were still developing cognitively and morally.

This new view of adolescence spawned a revolution in juvenile justice and led to a completely separate way of dealing with youths that committed crimes.

The Juvenile Court Movement The Juvenile Court Movement began in the United States at the end of the Nineteenth Century.

From the juvenile court statute adopted in Illinois in 1899, the system has spread to every State in the Union, the District of Columbia, and Puerto Rico.

The Focus The rigid and cold adult system was not appropriate for children.

Both the substantive and the procedural criminal law had to be discarded in favor of a system that fostered the best interest of the child .

Thus, from inception the focus of the juvenile system was "treatment" or "rehabilitation."

Introduction to Criminal Justice

Section 1.3: Defining and Measuring Crime

Prepared by Adam J. McKee

Defining Crime A crime is an act or omission that is prohibited by law.

For a law to be valid, a particular punishment or range of punishments must be specified.

In the United States, the most common punishments are fines and imprisonment.

As a matter of legal theory, a crime is a failed duty to the community for which the community will exact some punishment.

2

Types of Crimes Historically, legal scholars differentiated between things that were "wrongs in themselves," which were referred to as mala in se offenses.

These were distinct from mala prohibita offenses, which represented acts that were criminal merely because the government wished to prohibit them.

Many criminal justice scholars use these terms to differentiate between heinous crimes like rape and murder and victimless crimes such as gambling and vagrancy.

3

Misdemeanors Today, the most common and most basic division of crimes is based on the seriousness of the offense, and thus the possible punishment.

Misdemeanors are less serious crimes that are punishable by fine and confinement in a local jail for a period not to exceed a year.

4

Felonies Felonies are more serious crimes that the government punishes by fines, imprisonment (most commonly under the auspices of the state’s Department of Corrections) for a period exceeding a year, or death.

The distinction between misdemeanors and felonies is of ancient origin, coming to us through the Common Law of England .

5

Common Law Felonies Common law felonies included:

1. murder 2. rapemayhem 3. robbery 4. sodomy 5. larceny 6. arson 7. manslaughter 8. burglary

6

Common Misdemeanors What is classified as a misdemeanor largely depends on the jurisdiction.

Common examples are:

● petty theft ● prostitution ● public intoxication ● simple assault ● disorderly conduct ● vandalism

7

Dual Classifications Some crimes can be both misdemeanors and felonies, depending on the circumstances.

A battery that results in a handprint on the victim’s face may be classified as a misdemeanor, while a kick that breaks the victim’s ribs may be a felony.

Similarly, an arson that does relatively little damage (in terms of financial costs) may be a misdemeanor, while an arson that destroys a home will be a felony.

8

Labeling Offenders These distinctions have made it into our popular culture, where criminals who commit felonies are often known as felons .

Less commonly used is the term misdemeanant , who is a person convicted of misdemeanor.

9

Violations Most jurisdictions recognize a class of offenses that do not result in any period of incarceration, and are punished with only a fine.

These minor breaches of the law are usually called violations .

10

Crime Statistics To understand crime and the criminal justice system, we need to understand the prevalence of crime.

Good crime statistics are critically important to understanding crime trends.

The more federal and state agencies know about crime trends, the more intelligently they can allocate precious resources and maximize efforts at crime suppression and prevention.

Crime statistics are also frequently used as an evaluation tool for justice programs.

11

Crime Rates If the rate of a particular crime is falling, then what the system is doing will seem to be working.

If the rate of a particular crime is rising, then it will seem to indicate that the criminal justice system is failing.

12

Uniform Crime Reports In the United States, the most frequently cited crime statistics come from the FBI’s Uniform Crime Reports (UCR) .

The UCR are crime data collected by over 16,000 local and state law enforcement agencies on crimes that have been brought to the attention of police.

These law enforcement agencies voluntarily send information to the FBI, which compiles them into an annual published report along with several special reports on particular issues.

13

Criticisms of the UCR Since its inception in the 1930s, many people have been critical of the UCR system for a variety of reasons.

Among these reasons are:

● only crimes reported to the police are included ● only counts the most serious crime committed in a series of crimes ● does not differentiate between completed crimes and attempts ● does not include many types of crimes(e.g., white -collar and federal

crimes).

14

Social Scientists’ Complaints Scholars complained that the UCR did not obtain potentially important information about the victim, the offender, the location of the crime and so forth.

Without this information, social scientists could not use the UCR data in attempts to explain and predict crime.

These complaints eventually led to the development of a much more informative system of crime reporting known as the National Incident Based Reporting System (NIBRS).

15

Defining NIBRS The NIBRS is an incident-based reporting system in which agencies collect data on each single crime occurrence.

NIBRS data come from local, state, and federal automated records’ systems.

16

What NIBRS Includes The NIBRS collects data on each single incident and arrest within 22 offense categories made up of 46 specific crimes called Group A offenses.

For each of the offenses coming to the attention of law enforcement, specified types of facts about each crime are reported.

In addition to the Group A offenses, there are 11 Group B offense categories for which only arrest data are reported.

17

Benefits of NIBRS ● Can furnish information on nearly every major criminal justice issue

facing law enforcement today. ● Legislators and other stakeholders have access to more comprehensive

crime information than the summary reporting can provide. ● ·Law enforcement can better make a case to acquire the resources

needed to fight crime. ● Enables agencies to find similarities in crime -fighting problems so that

agencies can work together to develop solutions. ● Provides statistics to enable a law enforcement agency to provide a full

accounting of the status of public safety within the jurisdiction.

18

Problems with NIBRS The major problem with NIBRS today is that it has not been universally implemented.

Agencies and state Programs are still in the process of developing, testing, or implementing the NIBRS.

In 2004, 5,271 law enforcement agencies contributed NIBRS data to the UCR Program.

The data from those agencies represent 20 percent of the U.S. population and 16 percent of the crime statistics collected by the UCR Program.

19

The Dark Figure of Crime A commonly cited problem with the UCR is that there are many, many crimes that do not come to the attention of police.

This problem is not limited to minor offenses.

For example, it is estimated that nearly half of all rapes go unreported.

These undocumented offenses are often referred to as the dark figure of crime .

20

National Crime Victimization Survey ( This is the reason that the United States is the Bureau of Justice Statistics' (BJS) developed the National Crime Victimization Survey (NCVS) .

The NCVS, which began in 1973, provides a detailed picture of crime incidents, victims, and trends.

21

What the NCVS Measures Today, the survey collects detailed information on the frequency and nature of the crimes of:

● rape and sexual assault ● personal robbery ● aggravated and simple assault ● household burglary ● theft ● motor vehicle theft.

It does not measure homicide or commercial crimes. 22

The NCVS Data Two times a year, U.S. Census Bureau personnel interview household members in a nationally representative sample of approximately 42,000 households (about 75,000 people).

Approximately 150,000 interviews of persons age 12 or older are conducted annually.

Households stay in the sample for three years.

New households are rotated into the sample on an ongoing basis.

23

24

Introduction to Criminal Justice

Section 1.4: The Criminal Justice Process

Prepared by Adam J. McKee

The Dark Figure of Crime Crimes often do not come to the attention of law enforcement.

This is what is called the dark figure of crime .

Th e crim in a l ju s t ice p ro ce s s d o e s n o t b e gin u n t il crim e s co m e t o t h e a t t e n t io n o f p o lice .

Sin ce m a n y crim e s go u n re p o rt e d , a m a jo rit y o f crim e s n e ve r b e gin t h e p ro ce s s .

2

The Role of Citizens Most criminal prosecutions begin with a private citizen making a report to police.

Very few offenses are detected by officers performing random patrols, contrary to the conventional wisdom that preventive patrol serves to prevent crime.

Information from private citizens is the key to success in the criminal justice system.

3

Investigation Once a crime is reported to the police, an investigation will begin.

Depending on the nature and seriousness of the crime, this investigation may be as simple as a patrol officer asking a few questions at the scene, or as complex as involving detectives and forensic scientists.

The first responder will conduct a preliminary investigation .

4

Types of Investigations The preliminary investigation involves securing the crime scene and identifying victims, perpetrators, and witnesses.

Other tasks that do not involve specialized training and large amounts of time are also part of the preliminary investigation.

Cases that are more complex will require a follow -up investigation , which is usually conducted by a detective.

5

Arrest An arrest involves taking a person into actual physical custody by law enforcement.

For an arrest to be legal, it must be based on probable cause .

Probable causem e a n s t h a t e n o u gh e vid e n ce is p re s e n t t o co n vin ce a re a s o n a b le p e rs o n t h a t it is m o re like ly t h a n n o t t h a t t h e s u s p e ct co m m it t e d t h e crim e .

6

Arrest and the Use of Force Perhaps one of the most controversial aspects of the arrest process is the use of force by police in making an arrest.

Constitutional and statutory law authorizes the use of reasonable force when the force is necessary to take a suspect into custody.

Often, what constitutes reasonable force is a hotly disputed matter.

7

Graham v. Connor (1989) In the landmark case of Graham v. Connor (1989), t h e Su p re m e Co u r t o f th e Un it e d St a t e s e s t a b lis h e d t h e le ga l re q u ire m e n t t h a t th e u s e o f fo rce b y p o lice b e objectively reasonable .

Th is s t a n d a rd s u gge s t s t h a t p o lice m a y u s e a n a m o u n t o f fo rce t h a t a r e a s o n a b le p e rs o n wo u ld co n clu d e wa s n e ce s s a r y t o e ffe ct t h e a rr e s t a n d n o m o re .

8

Arrest v. Self-defense Note that the force used to effect an arrest is a different legal issue than self- defense .

Officers are always allowed to answer deadly force with deadly force when lives are at stake.

9

Booking After an arrest, suspects are taken to a police station holding facility or jail for booking.

The difference depends largely on the size of the jurisdiction.

Large municipal agencies often have their own holding cells, while small and rural agencies usually use the county jail for booking and holding purposes.

10

The Booking Process Booking is the process of officially recording that a person has been arrested .

This usually involves identifying, photographing, and fingerprinting the suspect .

The identification process usually involves recording the suspect's personal information, such as their legal name, date of birth, address, physical characteristics, and so forth .

Most jails will have a standardized booking form for this purpose .

11

Booking “Paperwork” An official record is also made at this time about the alleged crime committed by the suspect.

The suspect's identifying information will usually be retrieved from a criminal history database.

The suspect will also be photographed and fingerprinted.

These identification tasks have been made swift and accurate by modern digital technologies.

12

Booking Searches The suspect will be thoroughly searched for contraband, and all personal property will be confiscated and inventoried.

The property is returned to the suspect upon release unless it is deemed illegal contraband or evidence of a crime.

13

Citation v. Booking Note that in most jurisdictions, persons suspected of minor offenses can be issued a written citation in lieu of being booked into jail .

By signing the citation, the person is promising to appear in court at the date and time listed on the citation .

14

Charging This crucial step is where law enforcement and prosecutors make the decision as to what particular crime to charge a suspect with, if at all.

The usual process is for police to turn over a case file to the prosecutor's office .

The case file will co n t a in t h e p o lice arrest report , a lo n g with s u p p o rt in g d o cu m e n t a t io n s u ch a s wit n e s s s t a t e m e n t s , vict im ’s s t a t e m e n t s , fo re n s ic la b o ra t o ry re p o rt s , a n d s o o n .

15

The Charging Document The prosecutor will determine if there is enough evidence to go forward with the case.

If there appears to be enough evidence to go forward in the prosecutor's professional legal judgment, then a charging document is file d wit h t h e co u rt .

Th e n a m e o f t h e ch a rgin g d o cu m e n t ch a n ge s fro m ju ris d ict io n t o ju ris d ict io n .

So m e ju ris d ict io n s (in clu d in g t h e fe d e ra l co u rt s ) re q u ire a n indictment b y a gra n d ju ry, a n d o t h e rs u s e a prosecutorial information .

16

Always the Same? Note that an arrest does not always precede the issuance of a charging document.

There are times when the charging document is filed first, and then a warrant is issued for the arrest of the accused.

This situation is most common in jurisdictions where grand jury indictments are a common charging document.

17

Initial Appearance Under the constitution, people cannot be seized and jailed without reasonable cause.

To make sure that no one is arrested and held illegally, every arrestee has the right to be brought before a judge within hours of arrest.

During this first or initial appearance , a magistrate will in fo rm t h e s u s p e ct o f t h e ch a rge s a ga in s t h im , a d vis e h im o f h is righ t s , a n d d e t e rm in e if t h e re is e n o u gh e vid e n ce t o h o ld t h e s u s p e ct fo r fu rt h e r p ro ce s s in g.

18

How Formal Is It? These hearings tend to be less formal than later formal hearings, and can be conducted by lower court magistrates who may or may not have the authority to preside over the actual criminal trial .

In most jurisdictions, bail is set at this stage in the process .

19

The Feds are More Formal At the federal level, the process is somewhat formalized, and several important tasks are taken care of in this single step .

At an initial appearance in federal court, a judge advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed, and the defendant has committed it .

20

Federal Right to Counsel Defendants who are unable to afford counsel a re a d vis e d o f t h e ir righ t t o a co u rt-a p p o in t e d a t t o rn e y.

Th e co u rt m a y a p p o in t e it h e r a fe d e ra l p u b lic d e fe n d e r o r a p riva t e a t t o rn e y wh o h a s a gre e d t o a cce p t s u ch a p p o in t m e n t s fro m t h e co u rt .

Re ga rd le s s o f t h e t yp e o f a p p o in t m e n t , t h e a t t o rn e y will b e p a id b y t h e co u rt fro m fu n d s a p p ro p ria t e d b y Co n gre s s .

21

Pretrial Release Conditions Defendants released into the community before trial may be required to obey certain restrictions, such as home confinement or drug testing, and to make periodic reports to a pretrial services officer t o e n s u re a p p e a ra n ce a t t ria l.

22

Grand Juries As a matter of American legal tradition, a grand jury wa s co n ve n e d t o h e a r e vid e n ce p re s e n t e d b y t h e p ro s e cu t o r a n d d e t e rm in e if th a t e vid e n ce wa s s u fficie n t t o wa rra n t a fu ll-b lo wn crim in a l t ria l.

In o th e r wo r d s , it wa s t h e d u t y o f th e gra n d ju ry t o d e t e rm in e if p ro b a b le ca u s e e xis t e d in a p a rt icu la r crim in a l ca s e .

De fe n d a n t s h a d n o righ t t o b e p r e s e n t a t gra n d ju ry p ro ce e d in gs , a n d t h e s e d e lib e ra t io n s we re h e ld in s e cre t .

23

Variations by Jurisdiction States that were more populous found that the grand jury system was unwieldy.

It was too labor intensive and took up too much time.

These states developed a system whereby the prosecutor files a charging document called an information wit h t h e co u rt .

A h e a rin g is t h e n h e ld t o d e t e rm in e if p ro b a b le ca u s e is in d e e d p re s e n t a s t h e p ro s e cu t io n a lle ge s .

De fe n d a n t s h a ve t h e righ t t o b e p re s e n t a t t h e s e p re lim in a ry h e a rin gs . 24

Probable Cause Regardless of whether a grand jury system is used or prosecutorial information is used, the gold standard for moving forward to a criminal trial is probable cause.

25

Federal Grand Juries The federal courts still use the old grand jury system.

At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (t h e p ro s e cu t o r) a n d t h e gra n d ju ry.

Th e U.S. a t t o rn e y re p re s e n t s t h e Un it e d St a t e s in m o s t co u rt p ro ce e d in gs , in clu d in g a ll crim in a l p ro s e cu t io n s .

Th e gra n d ju ry re vie ws e vid e n ce p re s e n t e d b y t h e U.S. a t t o rn e y a n d d e cid e s wh e t h e r t h e re is s u fficie n t e vid e n ce t o re q u ire a d e fe n d a n t t o s t a n d t ria l.

26

Arraignment At this stage, the criminal defendant appears in court to have the formal charging document read .

This is where the defendant enters a plea .

Th e m o s t co m m o n p le a s a re gu ilt y a n d n o t gu ilt y.

In m o s t ju ris d ict io n s , standing mute (s a yin g n o t h in g wh e n a s ke d fo r a p le a ) will re s u lt in t h e co u rt e n t e rin g a n o t gu ilt y p le a o n b e h a lf o f t h e d e fe n d a n t .

27

Plea Bargains If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a plea bargain .

28

Pleas and Sentencing In federal criminal courts, the defendant enters a plea to the charges brought by the U.S. attorney.

More than 90% of federal criminal defendants plead guilty rather than go to trial.

If the defendant pleads guilty, the judge may impose a sentence at that time, but more commonly will schedule a hearing to determine the sentence at a later date.

29

Federal Felony Trials In most felony cases, the judge waits for the results of a presentence report , p re p a re d b y t h e co u rt 's p ro b a t io n o ffice , b e fo re im p o s in g s e n t e n ce .

If t h e d e fe n d a n t p le a d s n o t gu ilt y, t h e ju d ge will p ro ce e d t o s ch e d u le a t ria l.

30

Pleading and the Constitution Because of the seriousness of a guilty plea, the judge must determine that a guilty plea was made both knowingly a n d voluntarily .

If it is d e t e rm in e d th a t a gu ilt y p le a is e n te re d kn o win gly a n d vo lu n ta rily, th e r e is n o n e e d t o go o n wit h a t ria l.

In m a n y ca s e s , t h e ju d ge will im p o s e a s e n t e n ce a t t h is p o in t .

31

Introduction to Criminal Justice

Section 1.5: The Criminal Justice Process (Continued)

Prepared by Adam J. McKee

Pretrial Detention or Bail Pretrial detention refers to keeping the suspect in jail until trial .

Most criminal suspects are released on bail prior to trial .

Bail is a specified amount of money paid by the defendant to ensure that they will show up in court on the appointed day.

If they do not show up, the bail is forfeited and a bench warrant is issued for the person’s arrest .

2

Pretrial Detention and the Constitutio The right to bail is not a constitutional guarantee as many think .

The actual constitutional rule is that excessivebail may not be required .

If a n a ccu s e d p e rs o n is d e t e rm in e d b y t h e co u rt s t o b e a fligh t ris k, t h e n t h e ju d ge m a y d e n y b a il a n d h o ld t h e p e rs o n in ja il u n t il t ria l.

Su ch a p e rio d o f in ca rce ra t io n p rio r t o t ria l is kn o wn a s pretrial detention .

3

Plea Bargaining A plea bargain is a n e go t ia t e d a gre e m e n t b e t we e n t h e p ro s e cu t io n a n d t h e d e fe n d a n t .

In m o s t ca s e s , t h e d e fe n d a n t a gre e s t o p le a d gu ilt y t o a le s s e r crim e t h a n t h a t o rigin a lly ch a r ge d , o r t o a le s s e r s e n t e n ce t h a n ca n n o rm a lly b e e xp e ct e d if t h e ca s e go e s t o t ria l.

Th e re a re m a n y crit ics o f t h e p le a b a rga in in g p ro ce s s , b u t it is u n a vo id a b le in o u r crim in a l ju s t ice s ys t e m .

4

The Criminal Trial The purpose of a trial is t o a n s we r t h e b a s ic q u e s t io n o f t h e d e fe n d a n t ’s gu ilt .

A fin d in g o f gu ilt m u s t b e b a s e d o n fa ct s (e vid e n ce ), a n d a cco rd in gly t h e p e rs o n s re a ch in g t h is d e cis io n a re re fe rre d t o in le ga l d o cu m e n t s a n d t e xt s a s t h e “fin d e rs o f fa ct .”

Th is ca n b e a ju ry in a ju ry t ria l, o r a ju d ge a ct in g a lo n e in wh a t is re fe rre d t o a s a bench trial .

5

An Adversarial Process Recall that the American legal system is adversarial, which means that two sides must contest the issue of guilt in court.

The prosecution attempts to prove the guilt of the defendant, and the defense attempts to demonstrate the accused person’s innocence.

As a technical matter, the burden of proof is o n t h e s t a t e (p ro s e cu t io n ).

6

The Role of the Defense The defendant does not have to do anything at all; it is up to the prosecutor to prove guilt.

As a practical matter, doing nothing is rarely employed as a defense strategy.

In a criminal trial, guilt must be proven beyond a reasonable doubt (BRD) .

Th is is a ve ry h igh e vid e n t ia ry s t a n d a rd s —t h e h igh e s t kn o wn t o o u r le ga l s ys t e m .

7

Sentencing If the defendant pleads guilty or is found guilty, a judge (or jury in some states) will hand down a sentence .

Po s s ib le s e n t e n ce s in clu d e m o n e t a ry fin e s , p ro b a t io n , p e rio d s o f in ca rce ra t io n in ja il o r p ris o n , o r s o m e co m b in a t io n o f s u p e rvis io n a n d in ca rce ra t io n .

8

Federal Sentencing At the federal level, the judge determines the defendant's sentence according to special federal sentencing guidelines is s u e d b y t h e United States Sentencing Commission.

Th e co u rt 's p ro b a t io n o ffice p re p a re s a re p o rt fo r t h e co u rt t h a t a p p lie s t h e s e n t e n cin g gu id e lin e s t o t h e in d ivid u a l d e fe n d a n t a n d t h e crim e s fo r wh ich h e o r s h e is gu ilt y.

9

Sentencing Factors During sentencing, the court may consider not only the evidence produced at trial, but all relevant information that may be provided by the pretrial services officer, the U.S. attorney, and the defense attorney.

In unusual circumstances, the court may depart from the sentence calculated according to the sentencing guidelines.

The federal sentencing guidelines have been controversial, and have resulted in a huge number of appeals court cases where the person being sentenced disagreed with the guidelines or their application.

10

Types of Federal Sentences A federal court’s sentence may include time in prison, a fine to be paid to the government, and restitution t o b e p a id t o crim e vict im s .

Th e co u rt 's probation officers a s s is t t h e co u rt in e n fo rcin g a n y co n d it io n s t h a t a re im p o s e d a s p a rt o f a crim in a l s e n t e n ce .

Th e s u p e rvis io n o f o ffe n d e rs a ls o m a y in vo lve s e rvice s s u ch a s s u b s t a n ce a b u s e t e s t in g a n d t re a t m e n t p ro gra m s , jo b co u n s e lin g, a n d a lt e rn a t ive d e t e n t io n o p t io n s .

11

Appeals The decisions of trial courts are not set in stone.

If some legal rule is violated, the convict can appeal the decision to a higher court in an effort to have the wrong corrected.

A successful appeal u s u a lly m e a n s t h a t t h e t ria l co u rt is o rd e re d t o re h e a r t h e ca s e wh ile fixin g t h e p ro b le m t h a t t h e a p p e a ls co u rt fo u n d wit h t h e firs t t ria l.

12

Get Out of Jail Free Of course, a rehearing of the case by the trial court is not mandatory .

If the prosecutor believes that the state cannot prove guilt beyond a reasonable doubt given the appellate court’s directions, then the case will be dropped .

13

Who Can Appeal The losing party in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of appeals .

In criminal cases, the defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty .

Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict .

14

Law v. Facts The party to a case who files an appeal is known as an appellant .

Th e a p p e lla n t m u s t s h o w t h a t t h e t ria l co u rt (o r s o m e t im e s a n a d m in is t ra t ive a ge n cy) m a d e a le ga l e rro r t h a t a ffe ct e d t h e d e cis io n in t h e ca s e .

Th e co u rt o f a p p e a ls m a ke s it s d e cis io n b a s e d o n t h e re co rd o f t h e ca s e e s t a b lis h e d b y t h e t ria l co u rt .

It d o e s n o t re ce ive a d d it io n a l e vid e n ce o r h e a r wit n e s s e s .

15

Exception to the Rule The court of appeals also may review the factual findings of the trial court or agency, but typically may only overturn a decision on factual grounds if the findings were “clearly erroneous .”

16

Federal Circuit Courts In appeals heard by the United States Circuit Courts , p a n e ls o f t h re e ju d ge s wo rkin g t o ge t h e r d e cid e ca s e s .

Th e a p p e lla n t p re s e n t s le ga l a rgu m e n t s t o t h e p a n e l, in writ in g, in a d o cu m e n t ca lle d a brief .

In th e b rie f, th e a p p e lla n t t rie s t o p e rs u a d e th e ju d ge s t h a t th e t ria l co u rt m a d e a n e rro r, a n d t h a t it s d e cis io n s h o u ld b e re ve rs e d .

17

The Other Team The party defending against the appeal, known as the appellee , t rie s in it s b rie f t o s h o w wh y t h e t ria l co u rt d e cis io n wa s co rre ct , o r wh y a n y e rro r m a d e b y t h e t ria l co u rt wa s n o t s ign ifica n t e n o u gh t o a ffe ct t h e o u t co m e o f t h e ca s e .

18

Oral Arguments Although some cases are decided on the basis of written briefs alone, many cases are selected for an oral argument b e fo re t h e co u rt.

Ora l a rgu m e n t in t h e co u rt o f a p p e a ls is a s t ru ct u re d d is cu s s io n b e t we e n t h e a p p e lla t e la wye rs a n d t h e p a n e l o f ju d ge s fo cu s in g o n t h e le ga l p rin cip le s in d is p u t e .

Ea ch s id e is give n a s h o rt t im e (u s u a lly a b o u t 15 m in u t e s ) t o p re s e n t a rgu m e n t s t o t h e co u rt.

19

After the Appeal The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.

In some cases the decision may be reviewed en banc , t h a t is , b y a la rge r gro u p o f ju d ge s (u s u a lly a ll) o f t h e co u rt o f a p p e a ls fo r t h e circu it .

20

Discretionary USSC Appeals A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a writ of certiorari , wh ich is a d o cu m e n t a s kin g t h e Su p re m e Co u rt t o re vie w t h e ca s e .

Th e Su p re m e Co u rt , h o we ve r, d o e s n o t h a ve t o gra n t re vie w.

Th e Co u rt t yp ica lly will a gre e t o h e a r a ca s e o n ly wh e n it in vo lve s a n u n u s u a lly im p o rt a n t le ga l p rin cip le , o r wh e n t wo o r m o r e fe d e ra l a p p e lla t e co u rt s h a ve in t e rp re t e d a la w d iffe re n t ly.

21

Mandatory USSC Appeals There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal .

When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument .

22

Corrections Corrections is designed to protect the public and serve the public interest by punishing or rehabilitating criminal offenders, depending on one’s philosophy.

The idea of corrections is much broader that just prisons and jails where convicts serve out entire sentences.

It also encompasses mechanisms of early release, such as probation and parole.

23

The Scope of American Corrections The corrections system in the United States is immense.

On any given day, about 7 million Americans are under some sort of correctional supervision.

Although only about a third of convicted offenders are actually incarcerated, the number of convicts in America's prisons is quite large.

24

A Hot Political Topic This massive scope translates into massive public expenditures.

Because it is so expensive, corrections remains a topic of much political debate.

25

Release from the System The final state of the criminal justice process is release from the system .

If an offender is released from confinement on parole, then the conditions of parole must be met and severe limitations are placed on the offender .

Offenders that have served a complete prison sentenced and "flat timed, " a re fre e o f p a ro le co n d itio n s a n d ca n re t u rn t o a s e m b la n ce o f life b e fo r e e n t ry in t o t h e crim in a l ju s t ice s ys t e m .

26

The CJ Funnel The criminal justice system is frequently described as acting much like a funnel.

Just as the funnel is wide at the top and narrow at the bottom, so too is the criminal justice system.

That is to say, as we move forward in the criminal justice process, we find fewer and fewer cases.

At every step along the way, people drop out of the system.

27

A Matter of Discretion Of all the crimes known to police, very few result in convictions and prison sentences.

The police may decide to deal with a case informally.

Prosecutors may decide not to prosecute a case.

Judges may decide on treatment rather than imprisonment.

These are just a few examples of people leaving the system prior to incarceration.

28

Module 1 Key Terms Appeal, Appellant, Bail, Bench Warrant, Beyond a Reasonable Doubt (BRD), Burden of Proof, Criminal Justice Funnel, En Banc, Evidentiary Standard, Flat Timed, Monetary Fine, Oral Argument, Petition for a Writ of Certiorari, Pretrial Detention, Probation Officer, Restitution, Sentence, Sentencing Guidelines, Trial, United States Circuit Courts, United States Sentencing Commission

29