Presentation on theme: "The Judicial Branch The Criminal Justice Process."— Presentation transcript:
The Judicial Branch The Criminal Justice Process
9 Steps in the Criminal Justice Process Step 1 A crime is committed Can be anything from shoplifting to murder Step 2 Investigation process to gather crucial evidence Example: DNA or fingerprints Step 3 (This is the 1 st formal step) The arrest- authorities take suspect(s) into custody Miranda Rights are given
9 Steps in the Criminal Justice Process Step 4 Booking into prison Putting subjects into database in case they commit another crime Step 5 Initial appearance in court Some facts are explained No guarantee of bail Step 6 Preliminary hearing Determines if there is enough probable cause against the suspect to prosecute
9 Steps in the Criminal Justice Process Step 7 Grand Jury Indictment 12-23 people convene to listen to and evaluate accusations against the person charged with the crime Determine if there is enough evidence to indict and bring to trial Step 8 Arraignment First appearance of an accused person before a judge Charges are read Step 9 Trial Prosecutor argues against the defense attorney Can be before a jury or only a judge
Protecting Individual Rights Bill of Rights and other amendments to the Constitution guarantee civil rights and liberties
Civil Rights vs. Civil Liberties Civil Rights – Positive acts of the government – Prohibits discrimination on the basis of race, sex, religious beliefs, or national origin Civil Liberties – Protections against the government – Protects people from the government taking control of you and your property
Due Process of Law Assured by the 5 th and 14 th amendments – Government cannot deprive a person of life, liberty, or property without due process (14 th Amendment – Due Process clause) – Selective incorporation (the government sometimes chooses to ignore due process) States’ reserved powers – Police power to protect – Promote public health, safety, morals, general welfare Constitution guarantees due process to create privacy, includes abortion
Freedom and Security of the Person 1 st Amendment -An amendment to the United States Constitution guaranteeing the rights of free expression and action that are fundamental to democratic government. These rights include freedom of assembly, freedom of the press, freedom of religion, and freedom of speech.
Freedom and Security of the Person 13 th Amendment (1865) – Abolished slavery and involuntary servitude 2 nd Amendment – Preserves right for states to have a militia 4 th Amendment – Prohibits unreasonable searches and seizures without a warrant – Gave rise to Exclusionary Rule Evidence collected in violation of the accused’s rights may not be admissible as evidence in court
Rights of the Accused Writ of Habeas Corpus – Ban on bills of attainders (act declaring a person guilty of a crime without a trial) and ex post facto laws (retroactive changing of a law to make an act illegal or legal despite previous status) 5 th Amendment – Protects against double jeopardy or self incrimination – provides for due process 6 th Amendment – Rights to counsel, a speedy and public trial, and trial by jury
Punishment A person accused of a crime is innocent until proven guilty 8 th Amendment – Protects against cruel and inhuman punishment – Prohibits excessive bail or fines US Supreme Court found that the death penalty (capital punishment) is constitutional if administered fairly by a court of law Treason – the only crime specifically defined in the Constitution
Criminal Justice Terminology Felony – serious crime punishable by over a year in prison or death Misdemeanor – minor crime punishable by less than a year in prison Prosecutor – attorney who conducts proceedings on behalf of the government Defendant – person who committed a crime Subpoena – order for a person to appear in court and/or to produce documents Due Process – principle that government must act fairly Bail – money paid to the court to make sure a person shows up on their court date; forfeited if they do not show
Criminal Justice Terminology Criminal law – laws that deal with acts the government declares as crimes Civil law – areas of law except those dealing with crime Crime – an act that harms others Appeal – requesting a higher court to review the decision of a lower court Arraignment – a criminal case where the judge does it all Writ of Habeas Corpus – court order that prevents unjust arrests Warrant – a document signed by a judge to allow searches Preliminary hearing – before a criminal trial to see if there is enough evidence to go to trial
Criminal Justice Terminology A Criminal Case involves a defendant breaking a law created by the legislature. Simple Assault in the state of GA is the threat of or attempted harm of another person whereas battery involves actual physical contact and potential harm (not a major crime) Evidence the proves you were not at the scene of a crime is known as an Alibi. Probation is a type of sentence given to prevent jail of prison.