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Oberlin Municipal Court Roles in the Criminal Justice System and Consequences of Underage Drinking Presented by Thomas A. Januzzi – Judge of the Oberlin.

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Presentation on theme: "Oberlin Municipal Court Roles in the Criminal Justice System and Consequences of Underage Drinking Presented by Thomas A. Januzzi – Judge of the Oberlin."— Presentation transcript:

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2 Oberlin Municipal Court Roles in the Criminal Justice System and Consequences of Underage Drinking Presented by Thomas A. Januzzi – Judge of the Oberlin Municipal Court

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4 Roles in Criminal Justice System There are many roles in the justice system There are many roles in the justice system Each is important Each is important If everyone does their job the system functions very well If everyone does their job the system functions very well

5 Roles of the Government The three branches of government all play a part in the Justice System: The three branches of government all play a part in the Justice System: Legislative Legislative Executive Executive Judicial Judicial

6 Role of the Legislative Branch To make the laws To make the laws

7 Legislative Branch State of Ohio State of Ohio Laws are passed by the State Legislature and signed by the Governor Laws are passed by the State Legislature and signed by the Governor The laws are then codified in the Ohio Revised Code The laws are then codified in the Ohio Revised Code Cities and Villages Laws are passed by the City or Village Council Criminal laws prohibiting the same conduct cannot be more strict than State Law

8 Role of Executive Branch Enforce the laws Enforce the laws

9 Executive Branch State of Ohio State of Ohio Governor Governor Attorney General Attorney General State Highway Patrol State Highway Patrol Local Governments Sheriff Police County Prosecutor Local (City) Prosecutors

10 Role of Law Enforcement in Court Executive Branch of Government Executive Branch of Government Police Prosecutor

11 Police The police officers main involvement in court is as a fact witness in a case The police officers main involvement in court is as a fact witness in a case He or she may be called to testify against an accused He or she may be called to testify against an accused

12 Preparation for Trial The police officer must be prepared to testify about the facts of the case The police officer must be prepared to testify about the facts of the case Preparation begins the moment the officer becomes involved in a case Preparation begins the moment the officer becomes involved in a case

13 -continued- Attention to detail is extremely important Attention to detail is extremely important The officer must document as much of the detail as possible in her/his written report The officer must document as much of the detail as possible in her/his written report The police must work very closely with the prosecutor The police must work very closely with the prosecutor

14 The Prosecutor The prosecutor represents the interests of the public The prosecutor represents the interests of the public He/she determines whether a person should be charged with a crime and whether the charges should continue against a person after he/she has been charged He/she determines whether a person should be charged with a crime and whether the charges should continue against a person after he/she has been charged

15 -continued- It is NOT the prosecutors duty to convict a person accused of a crime in every case where a person has been charged with a crime It is NOT the prosecutors duty to convict a person accused of a crime in every case where a person has been charged with a crime

16 -continued- It is the prosecutors duty to seek justice It is the prosecutors duty to seek justice

17 Why does the prosecutor have a special duty? Prosecutor represents the government – governmental powers should be used with restraint Prosecutor represents the government – governmental powers should be used with restraint Decisions affecting the public should be fair to all – including those accused of a crime Decisions affecting the public should be fair to all – including those accused of a crime

18 DUKE LACROSSE CASE Durham County District Attorney Mike Nifong has been disbarred after being found guilty of a battery of ethics violations for his handling of the Duke Lacrosse investigation, a North Carolina Bar disciplinary committee announced Saturday evening.

19 Rights of the Accused

20 Right to be Represented by an Attorney Every person accused of a crime that has the potential of a jail sentence has a Constitutional Right to have an attorney represent them

21 Role of the Defense Attorney The duty of the defense attorney is to represent her/his client zealously within the bounds of the law The duty of the defense attorney is to represent her/his client zealously within the bounds of the law The attorney’s job is not to win at all costs The attorney’s job is not to win at all costs The attorney must balance the duty to his/her client with his/her obligation to obey the rules The attorney must balance the duty to his/her client with his/her obligation to obey the rules

22 There is a fundamental tension in the profession. It is zealously protecting your client while acknowledging your duty to the judicial system. The ability to tolerate and balance this tension differentiates the average lawyer from the exceptional lawyer. An exceptional lawyer has the fortitude and self confidence to convince a client not to misuse the system. -William Raleigh

23 Right to a Trial Court Trial Court Trial Jury Trial Jury Trial

24 Right to Subpoena Witnesses Court can order a person to appear and testify

25 Right of Confrontation The right to confront the accuser The right to confront the accuser The right to cross- examine witnesses The right to cross- examine witnesses

26 Right to have the prosecution prove the charge beyond a reasonable doubt Reasonable doubt is not mere possible doubt because everything relating to human affairs is open to some possible or imaginary doubt Reasonable doubt is not mere possible doubt because everything relating to human affairs is open to some possible or imaginary doubt

27 -continued- Proof beyond a reasonable doubt is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his/her own affairs Proof beyond a reasonable doubt is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his/her own affairs

28 William Blackstone Better that ten guilty persons escape than that one innocent suffer Better that ten guilty persons escape than that one innocent suffer Sir William Blackstone ( ) Knight, King's Counsel, Solicitor to the Queen, Member of Parliament, and a Justice of the Court of Common Pleas and the King's Bench. His Commentaries on the Laws of England grew out of his lectures as a professor at Oxford, and were published in four volumes from Sir William Blackstone ( ) Knight, King's Counsel, Solicitor to the Queen, Member of Parliament, and a Justice of the Court of Common Pleas and the King's Bench. His Commentaries on the Laws of England grew out of his lectures as a professor at Oxford, and were published in four volumes from

29 Right to remain silent at the trial The right against self- incrimination The right against self- incrimination

30 Role of Judicial Branch Apply law to the facts of the case Apply law to the facts of the case Interpret laws Interpret laws

31 Judicial Branch State of Ohio State of Ohio Supreme Court of Ohio Supreme Court of Ohio Court of Appeals (12 Districts) 9 th District – Lorain; Medina; Summit and Wayne counties Court of Appeals (12 Districts) 9 th District – Lorain; Medina; Summit and Wayne counties Trial Courts County: Common Pleas Courts – Felony offenses; Domestic Relations and Juvenile Divisions Municipal Courts – Misdemeanor offenses Mayors Courts Court of Claims

32 Judge Requirements to Become a Judge in the State of Ohio Requirements to Become a Judge in the State of Ohio

33 Licensed Attorney Must be a licensed attorney for 6 years Must be a licensed attorney for 6 years

34 Residency Requirement Must be a resident of the jurisdiction of the court Must be a resident of the jurisdiction of the court

35 Oberlin Municipal Court Jurisdiction Cities and Villages Cities and Villages Amherst Amherst Oberlin Oberlin Wellington Wellington South Amherst South Amherst Kipton Kipton Rochester Rochester Townships Amherst Brighton Camden Henrietta Huntington New Russia Penfield Pittsfield Rochester Wellington

36 Election Must be elected Must be elected Primary election is partisan Primary election is partisan General election is non-partisan General election is non-partisan

37 Oath of Office Must take an oath Must take an oath Promise to uphold the Constitutions of the United States and State of Ohio and faithfully and impartially perform duties of office Promise to uphold the Constitutions of the United States and State of Ohio and faithfully and impartially perform duties of office

38 Term is 6 years Term of office is 6 years Term of office is 6 years No term limits No term limits Cannot run for office if 70 years of age or more Cannot run for office if 70 years of age or more Can serve as a substitute judge by assignment if over 70 until the age of 80 Can serve as a substitute judge by assignment if over 70 until the age of 80

39 Licensed Attorney Requirements to become a licensed attorney in State of Ohio Requirements to become a licensed attorney in State of Ohio

40 Education Requirements 4 year undergraduate degree 4 year undergraduate degree

41 3 years minimum of law school 3 years minimum of law school

42 Licensure Requirements Must take and pass the bar exam – three day test Must take and pass the bar exam – three day test Must take an oath Must take an oath Must continue education by taking 24 seminar hours bi- annually including ethics and substance abuse Must continue education by taking 24 seminar hours bi- annually including ethics and substance abuse

43 Role of Probation Officer Enforce the orders of the court when a person is placed on probation Enforce the orders of the court when a person is placed on probation

44 Probation Persons convicted of a crime are often not sent to jail Persons convicted of a crime are often not sent to jail One alternative to jail is to place a person on probation One alternative to jail is to place a person on probation

45 -continued- There are three main types of probation There are three main types of probation 1. Intensive Supervised Probation 1. Intensive Supervised Probation 2. Basic Reporting Supervision 2. Basic Reporting Supervision 3. Monitored Time (good behavior) 3. Monitored Time (good behavior)

46 SOME THOUGHTS Because: Because: We care about you We care about you We want you to be safe We want you to be safe We want you to be successful We want you to be successful

47 Driving Tips Drive the Speed Limit Drive the Speed Limit Wear your seat belt Wear your seat belt Turn your radio down Turn your radio down Make your friends wear their seatbelts – if you care about them Make your friends wear their seatbelts – if you care about them

48 Alcohol and Drugs Don’t drink alcohol until you are 21 Don’t drink alcohol until you are 21 After you are 21 drink responsibly After you are 21 drink responsibly Don’t ever drink and drive Don’t ever drink and drive Don’t use illegal drugs Don’t use illegal drugs

49 Friends Choose your friends carefully Choose your friends carefully You are known by the company you keep You are known by the company you keep You have free will – use it wisely You have free will – use it wisely A true friend respects your wishes and will not force you to change for him/her A true friend respects your wishes and will not force you to change for him/her

50 Why are we telling you these things? We care about you We care about you We want you to be safe We want you to be safe We want you to be successful We want you to be successful

51 Underage Drinking  Each year, approximately 5,000 young people under the age of 21 die as a result of underage drinking; this includes about 1,900 deaths from motor vehicle crashes, 1,600 as a result of homicides, 300 from suicide, as well as hundreds from other injuries such as falls, burns, and drownings

52 Alcohol Poisoning How does alcohol poisoning occur? The drug alcohol is a central nervous system depressant that produces numerous behavioral, emotional, and physical effects as it acts upon specific parts of the brain. How does alcohol poisoning occur? The drug alcohol is a central nervous system depressant that produces numerous behavioral, emotional, and physical effects as it acts upon specific parts of the brain.

53 Cerebrum Cerebrum First to be affected is the cerebrum, the part of your brain that controls advanced functions like recognition, vision, reasoning, and emotion. At low intake levels, alcohol reduces inhibitions and affects judgment First to be affected is the cerebrum, the part of your brain that controls advanced functions like recognition, vision, reasoning, and emotion. At low intake levels, alcohol reduces inhibitions and affects judgment Vision, movement, and speech are impaired as alcohol levels rise. Vision, movement, and speech are impaired as alcohol levels rise.

54 Cerebellum When the next brain area—the cerebellum —is depressed by alcohol, problems with coordination, reflexes, and balance result. When the next brain area—the cerebellum —is depressed by alcohol, problems with coordination, reflexes, and balance result.

55 Medulla –Brain Stem The medulla controls basic survival functions such as breathing and heartbeat and is the last portion of your brain to be affected. The medulla controls basic survival functions such as breathing and heartbeat and is the last portion of your brain to be affected. When you've consumed so much alcohol that the medulla is affected, your brain's ability to control respiration and heart rate is severely diminished. Your heart rate can drop and breathing ceases, resulting in a coma and then death. When you've consumed so much alcohol that the medulla is affected, your brain's ability to control respiration and heart rate is severely diminished. Your heart rate can drop and breathing ceases, resulting in a coma and then death.

56 Highest Levels of Intoxication Occur After Drinking is Stopped It's important to know that your body oxidizes about one ounce (approximately one drink) an hour. Depending upon how much you drink, how quickly you drink, and what else is in your stomach, it may take from about minutes after you stop drinking before you reach your highest level of intoxication. This occurs whether the individual is conscious or passed out. It's important to know that your body oxidizes about one ounce (approximately one drink) an hour. Depending upon how much you drink, how quickly you drink, and what else is in your stomach, it may take from about minutes after you stop drinking before you reach your highest level of intoxication. This occurs whether the individual is conscious or passed out.

57 Symptoms of alcohol poisoning Vomiting Vomiting Passed out Passed out Difficult to awaken Difficult to awaken Slow, shallow breathing Slow, shallow breathing

58 When you drink – you don’t think

59 This doesn’t happen to Cool Kids These things only happen to other people - don’t they?

60 Samantha Spady She grew up in a small town 35 miles west of Lincoln, Nebraska She grew up in a small town 35 miles west of Lincoln, Nebraska Her father owned a car dealership and everyone knew her Her father owned a car dealership and everyone knew her She was the president of her senior class, head cheerleader, honor student and homecoming queen – almost perfect She was the president of her senior class, head cheerleader, honor student and homecoming queen – almost perfect

61 Samantha Spady

62 On September 5, 2004 Samantha Spady died – of alcohol poisoning. On September 5, 2004 Samantha Spady died – of alcohol poisoning. She attended several private off campus parties She attended several private off campus parties At her final destination she became so intoxicated she could not stand up At her final destination she became so intoxicated she could not stand up

63 Two friends helped Samantha to a spare room. One of her friends tried to persuade her to walk back to her dorm room but she was not able to do so Two friends helped Samantha to a spare room. One of her friends tried to persuade her to walk back to her dorm room but she was not able to do so She was last seen lying on the couch in the spare room on her stomach using her hands as a pillow at 5:00 A.M. She was last seen lying on the couch in the spare room on her stomach using her hands as a pillow at 5:00 A.M.

64 At 6:22 P.M. that evening she was found dead on the couch by an occupant of the house At 6:22 P.M. that evening she was found dead on the couch by an occupant of the house

65 These things don’t happen around here - do they? They do They do They happen in people’s homes They happen in people’s homes They happen when parents are home They happen when parents are home They happen to good people They happen to good people They can happen to you or your friends They can happen to you or your friends

66 What You Need To Know about the Law

67 Criminal Offenses In the State of Ohio there are two main categories of crimes In the State of Ohio there are two main categories of crimes

68 Felonies These are the most serious crimes that carry prison sentences from one year to 20 years to life These are the most serious crimes that carry prison sentences from one year to 20 years to life

69 Misdemeanors There are five categories of misdemeanors There are five categories of misdemeanors Minor $150 fine 4 th Degree $250 fine and 30 days jail 3 rd Degree $500 fine and 60 days jail 2 nd Degree $750 fine and 90 days jail 1 st Degree $1,000 fine and 180 days jail

70 Underage Consumption The law states that no underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. The law states that no underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place.

71 Underage Person An Underage Person means a person under the age of twenty-one years An Underage Person means a person under the age of twenty-one years

72 The degree of crime Underage Consumption is a 1 st Degree Misdemeanor Underage Consumption is a 1 st Degree Misdemeanor

73 The Penalty The possible penalty is $1, fine and 180 days jail The possible penalty is $1, fine and 180 days jail

74 Other Consequences of Conviction In addition to the possible penalties of jail and a fine there are other consequences of having a criminal record of a 1 st degree misdemeanor In addition to the possible penalties of jail and a fine there are other consequences of having a criminal record of a 1 st degree misdemeanor

75 Employment Opportunities Most employment applications request you to disclose if you have ever been convicted of a serious misdemeanor Most employment applications request you to disclose if you have ever been convicted of a serious misdemeanor Some employers will not hire you if you have been convicted of a serious misdemeanor Some employers will not hire you if you have been convicted of a serious misdemeanor

76 Education Opportunities You may be ineligible for certain types of student loans or scholarships if you have been convicted of a serious misdemeanor You may be ineligible for certain types of student loans or scholarships if you have been convicted of a serious misdemeanor

77 Other consequences - continued You may be disqualified from holding a license for certain professions if you have a conviction You may be disqualified from holding a license for certain professions if you have a conviction Professions where driving a vehicle is required Professions where driving a vehicle is required The legal profession The legal profession The medical profession The medical profession

78 The Four Most Dangerous Words an Adult can say to You

79 JUST DON’T GET CAUGHT

80 Just Don’t Get Caught What do these words really mean? What do these words really mean?

81 Don’t Get Caught When an adult says Just Don’t Get Caught do they mean: When an adult says Just Don’t Get Caught do they mean: It’s OK to drink It’s OK to drink It’s OK to commit a 1 st Degree Misdemeanor It’s OK to commit a 1 st Degree Misdemeanor I have enough problems I have enough problems It’s your future not mine It’s your future not mine

82 Do the Adults in your Life Break the Law after they have had too much to Drink Do they drive after they have had too much to drink? Do they drive after they have had too much to drink? Do they verbally and/or physically abuse their family after they have had too much to drink? Do they verbally and/or physically abuse their family after they have had too much to drink?

83 I can go to war – Why can’t I drink? ` US Troops patrol an Iraq waterway

84 What are they fighting for? Are they fighting for your right to drink alcohol under age 21?

85 9:30 A.M. in Baghdad 1:30 A.M. in USA

86 What are they fighting for? What are they dying for? They are fighting for Freedom They are fighting for Freedom They are fighting so that we can live in a democracy They are fighting so that we can live in a democracy

87 Democracy Elect representatives who make the law Elect representatives who make the law Our responsibility is to obey the laws that have been enacted by our representatives Our responsibility is to obey the laws that have been enacted by our representatives

88 Honoring and respecting members of the military Respect them by obeying the law whether we agree or disagree Respect them by obeying the law whether we agree or disagree Underage consumption is against the law Underage consumption is against the law You disrespect the soldiers who have died for us by disobeying the law You disrespect the soldiers who have died for us by disobeying the law If you do not agree with the law then in a democracy we change the law by contacting our elected representatives – not violating the law because we disagree with it If you do not agree with the law then in a democracy we change the law by contacting our elected representatives – not violating the law because we disagree with it

89 Use your own brain – not someone else’s brain Make good decisions Make good decisions Help your friends make good decisions Help your friends make good decisions If you want to make bad decisions – DON’T MAKE YOUR FRIENDS MAKE THE SAME BAD DECISIONS – RESPECT THEIR RIGHT TO MAKE GOOD DECISIONS! If you want to make bad decisions – DON’T MAKE YOUR FRIENDS MAKE THE SAME BAD DECISIONS – RESPECT THEIR RIGHT TO MAKE GOOD DECISIONS!

90 Why are we telling you these things? We care about you We care about you We want you to be safe We want you to be safe We want you to be successful We want you to be successful

91 Thank you


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