Criminal Justice Introduction to the Criminal Justice System

Criminal Justice Introduction to the Criminal Justice System Unit 1 – Part 3 Hermitage Tech Center © 2003 Prentice-Hall, Inc. 1

What is the Criminal Justice System? Define Each Word © 2003 Prentice-Hall, Inc. 2

Criminal Justice System w. Crime w. Criminal w. Justice w. System © 2003 Prentice-Hall, Inc. 3

Crime What is the definition of crime? © 2003 Prentice-Hall, Inc. 4

Crime BANK Vault l e Tunn © 2003 Prentice-Hall, Inc. use o H My Conduct in violation of the laws of a state, the federal government, or a local jurisdiction. . . 5

Crime BANK Vault use o H My . . . for which there is no legally acceptable justification or excuse. l e Tunn © 2003 Prentice-Hall, Inc. 6

Criminal The adult, juvenile or corporation committing the crime. © 2003 Prentice-Hall, Inc. 7

What is Justice? © 2003 Prentice-Hall, Inc. 8

Justice principle of moral fairness; the idea of moral equity © 2003 Prentice-Hall, Inc. 9

Justice • criminal justice • civil justice • social justice © 2003 Prentice-Hall, Inc. 10

Criminal Justice is the criminal law, the law of criminal procedure, and activities having to do with the enforcement of those laws. © 2003 Prentice-Hall, Inc. 11

Civil Justice Deals with fairness in relationships between citizens, government agencies, and business in private matters. © 2003 Prentice-Hall, Inc. 12

Social Justice An idea that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong. © 2003 Prentice-Hall, Inc. 13

How is social justice in question in the aftermath of Hurricane Katrina? © 2003 Prentice-Hall, Inc. 14

What Is a System? A group of components that are interdependent, interrelated, and interacting toward a common goal. © 2003 Prentice-Hall, Inc. 15

A Criminal Justice System is. . . …the entire group of government agencies that deal with crime prevention, detection, apprehension, trial, and punishment. © 2003 Prentice-Hall, Inc. 16

American Criminal Justice System Components • law enforcement • courts • corrections © 2003 Prentice-Hall, Inc. 17

American Criminal Justice System The agencies of the criminal justice system have no legal obligation to cooperate with one another, and sometimes they don’t. © 2003 Prentice-Hall, Inc. 18

American Criminal Justice System Consensus Model This model assumes cooperation between all components of the system towards a common goal. © 2003 Prentice-Hall, Inc. 19

American Criminal Justice: The System Conflict Model All components of the criminal justice system are self-serving and compete for limited resources. © 2003 Prentice-Hall, Inc. 20

American Criminal Justice: System Components Courts Law Enforcement © 2003 Prentice-Hall, Inc. Corrections 21

Law Enforcement Role To enforce the law through activities of prevention, detection, and the investigation of crime and the apprehension of criminals. © 2003 Prentice-Hall, Inc. 22

Law Enforcement Role w. PREVENT CRIME w. ENFORCE LAWS w. MAINTAIN ORDER w. GATHER INFORMATION w. INVESTIGATE CRIMES w. APPREHEND CRIMINALS w. PROVIDE SERVICES w. TESTIFY IN COURT © 2003 Prentice-Hall, Inc. 23

Role of the Courts w. To fairly determine the guilt or innocence of persons who come before them. w. If the defendant is found guilty, to determine appropriate sentencing. © 2003 Prentice-Hall, Inc. 24

Role of the Courts w. To interpret the law and apply it to cases w. To deal with issues arising from the actions of the police, prosecutor, and corrections © 2003 Prentice-Hall, Inc. 25

Role of Corrections • To reinforce society’s values through use of incarceration, deterrence, and security and. . . © 2003 Prentice-Hall, Inc. 26

Corrections • To carry out the orders of the court regarding incarceration and death. © 2003 Prentice-Hall, Inc. 27

© 2003 Prentice-Hall, Inc. 28

Police: Investigation and Arrest Police become aware of a violation of law. proactive law enforcement vs. reactive law enforcement © 2003 Prentice-Hall, Inc. 29

Types of Police Responses: Proactive: The police, usually during routine patrol, observe a suspicious situation or a crime in progress. © 2003 Prentice-Hall, Inc. 30

Types of Police Responses: Reactive: The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol. © 2003 Prentice-Hall, Inc. 31

Warrant In criminal proceedings, a writ issued by a judicial officer which directs a law enforcement officer to perform a specified act and which affords the officer protection from damage if he or she performs it. © 2003 Prentice-Hall, Inc. 32

Arrest Taking a person into physical custody, by authority of law, for the purpose of charging the person with a criminal offense. © 2003 Prentice-Hall, Inc. 33

Miranda v. Arizona (1966) Requires a law enforcement officer to give the arrestee his or her rights before questioning. The officer must state the following: © 2003 Prentice-Hall, Inc. 34

Miranda v. Arizona (1966) • You have the right to remain silent. • Anything you say can and will be used against you in a court of law. • You have the right to talk to an attorney and have him/her present while you are being questioned. © 2003 Prentice-Hall, Inc. 35

Miranda v. Arizona (1966) • If you cannot afford to hire an attorney, one will be appointed to represent you. • You can decide at any time to exercise these rights and not answer any questions or make any statements. © 2003 Prentice-Hall, Inc. 36

Miranda v. Arizona (1966) Waiver After the warnings have been given, the following questions should be asked. • Do you understand each of these rights I have explained to you? • Having these rights in mind, do you wish to talk to us now? © 2003 Prentice-Hall, Inc. 37

Booking An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: • name • address • time and place of arrest © 2003 Prentice-Hall, Inc. 38

Booking An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: • Arrest charges are entered into the police log. • Fingerprints and photos can also be taken. © 2003 Prentice-Hall, Inc. 39

First Appearance • It usually occurs within 24 hours of arrest. • Charges against individual are read. • Accused is advised of his/her rights. © 2003 Prentice-Hall, Inc. 40

First Appearance • An attorney is appointed if the accused is indigent. • An opportunity for bail may be provided. © 2003 Prentice-Hall, Inc. 41

Bail • to ensure that the accused appear in court for trial © 2003 Prentice-Hall, Inc. 42

Preliminary Hearing: Grand Jury The U. S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime. © 2003 Prentice-Hall, Inc. 43

Preliminary Hearing: Grand Jury When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment. © 2003 Prentice-Hall, Inc. 44

Preliminary Hearing A proceeding before a judicial officer in which three matters must be decided: • Whether a crime was committed. • Whether the crime occurred within the territorial jurisdiction of the court. © 2003 Prentice-Hall, Inc. 45

Preliminary Hearing A proceeding before a judicial officer in which three matters must be decided: • Whethere are reasonable grounds to believe that the defendant committed the crime. © 2003 Prentice-Hall, Inc. 46

Arraignment • It takes place after a preliminary hearing or indictment. • Charges are read. © 2003 Prentice-Hall, Inc. 47

Arraignment • An attorney is provided if the defendant has not yet retained one. • The defendant is asked to enter a plea. • If the plea is “not guilty, ” than a trial date is set. © 2003 Prentice-Hall, Inc. 48

m n g i a t en g n i v a h t r u o c n i a , e s e i r s t o a f n c e a l b d a n g n i e n f i r m e i a d r e c e h a h t e s n i f h i t t o n n s f y i o a t o i i t t d I t d c n n i n e e d s f a i d s e i i ) t jur h the , the d rge(s ndan e a c f d i h e e h c d h w e s e i h l h t b t f a est med o ts, and plea. r h a o f g r i n r e i t r n e e h / o t his d e r r A

r r A m n g i a t en s n a e m o o s t l r a o t i i r , p s t e r c u n. o a s c t g s n n i i d e e e c e n m c a o o r s r a p e n I l p a p n a i any in crim l a i tr

Trial If the defendant enters a plea of “not guilty” at the arraignment, the proceedings will move forward to the trial phase. © 2003 Prentice-Hall, Inc. 51

Trial At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime. © 2003 Prentice-Hall, Inc. 52

Trial In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s). © 2003 Prentice-Hall, Inc. 53

Sentencing Once convicted, judge imposes punishment in the form of: • fine • probation • prison • community corrections © 2003 Prentice-Hall, Inc. 54

Sentencing Sentences can be served: • consecutively - one after another • concurrently - served at the same time © 2003 Prentice-Hall, Inc. 55

Corrections A component of the criminal justice system in which the offender serves the sentence imposed. © 2003 Prentice-Hall, Inc. 56

Corrections • probation • prison • community corrections • parole © 2003 Prentice-Hall, Inc. 57