1. Criminal Justice Process

2. 1. INVESTIGATION:
After a crime has been Discovered,
evidence is gathered and follow-up
investigations attempt to reconstruct
the sequence of activities leading up to and including the criminal event. Efforts to identify suspects are initiated.
2. WARRANT: An arrest warrant issued by a judge provides the legal basis for an apprehension of suspects by police.
3. ARREST: In an arrest, a person is taken into custody, limiting the arrestee’s freedom. Arrest is a serious step in the process of justice. During arrest and questioning, defendants are usually advised of their constitutional rights, or Miranda Rights.
4. BOOKING: Booking is an administrative procedure where pictures, fingerprints, and personal information are obtained.

3. 5. FIRST APPEARANCE: Within hours of arrest suspects must be brought before a magistrate (a judicial officer) for an initial appearance. The judge will tell the defendant of the charges against them, advise them of their rights, and may provide the opportunity for bail.
6. PRELIMINARY HEARING : The prosecution must produce evidence to show probable cause that the defendant committed the crime. This step is sometimes combined with the initial appearance. The next step depends on if the crime is a misdemeanor or felony. If a misdemeanor the judge will set a date for a trial. If a felony the case will go before the grand jury. The grand jury will decide if there is enough evidence to indict (formally charge) the defendant.

4. THE INITIAL APPEARANCE: Must be held within 48 – 72 hours after arrest in order to protect people from being put in jail and forgotten (habeas corpus).
WRIT OF HABEA CORPUS: A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.
7. INFORMATION: A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.
7a.INDICTMENT: A formal, written accusation submitted by the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

5. 8. ARRAINGNMENT: The first appearance f the defendant before the court that has the authority to conduct a trial. The accused stands before a judge and hear the information, or indictment, against them as it is read. Defendants are again notified of their rights and are asked to enter a plea.
9. ADJUDICATION: A criminal trial may be held, or the defendant may decide to enter a guilty plea. A criminal trial involves an adversarial process that pits the prosecution against the defense. In most trials, a jury hears the evidence and decides issues of guilt or innoncence, while the judge ensures the
Fairness of the proceedings.

6. 10. SENTENCING: After the person has been convicted it is up to the judge to determine the punishment. Prior to sentencing, a sentencing hearing is sometimes held in which attorneys for both sides can present information to influence the judge’s decision. 11. CORRECTIONS: The corrections period begins following sentencing. Corrections involves a variety of sentences that can be imposed on a defendant. (Community Supervision, Community Service, Jail Time, Prison Time, Treatment Programs). 12. REENTRY: Not everyone who has been convicted of a crime goes to prison. Community Supervision (Probation) imposes requirements or restrictions upon offenders. Offenders are required to check in with a probation officer on a regular basis. After a defendant has served a portion of his prison term he may be freed on parole. Like probation, parole may come with obligations and requires the offender to check in with a parole officer.

7. levels of proof Absolute Certainty Beyond a Reasonable Doubt
Criminal Jury Verdict
Non-Suggestiveness of Identification
Clear and Convincing
Civil Trial Decision
Preponderance
Take Case to a Jury
Prima Facie
Arrest, Search, Indictment, Information
Probable Cause
Stop, Frisk, Question
Reasonable Suspicion
Mere Hunch
No Basis for Knowledge
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8. Classifications of Crimes
Class C Misdemeanor
Fine up to $500 (ticket)
Cannot be arrested
Speeding or Open Container
Class B Misdemeanor
Up to 180 days in jail
$2,000 fine
Class A Misdemeanor
Up to 2 years in jail
$4,000 fine

9. Classifications of Crimes
State Jail Felony (SJF):
180 days to 2 years
$10,000 fine
3rd Degree:
2-10 years
2nd Degree:
2-20 years
1st Degree:
5-99 years
$10,000 fine
Capital:
Death
Life without Parole
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10. Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

11. Fifth Amendment Grand jury Double jeopardy Self-incrimination
Due process
Just compensation for government takings

12. Double Jeopardy Exceptions to Double Jeopardy
Convicted and asks for a new trial
Convicted and the case is overturned
The case results in a hung jury
Can be tried at both the state and federal levels for the same crime

13. More On The 5th Amendment
The Grand Jury indictment rule does not apply in a time of war.
You cannot be tried twice for the same offense.
You cannot be forced to be a witness against yourself.
You cannot be arrested, convicted, or executed without due process of law.
The government can seize your land but they have to pay you just compensation. This law is referred to as “Eminent Domain.”
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14. Sixth Amendment Speedy and public trial Impartial jury
Informed of the nature and cause of the accusation
Confrontation of witnesses
Compulsory process of witnesses
Right to an attorney

15. Eighth Amendment No excessive bail No excessive fines
No cruel and unusual punishment

16. History of the Federal Court System
Article III of the US Constitution established a federal court system
Congress created Article III on Sept. 24, 1789
Congress passed the Judiciary Act of 1789, which established 13 courts, one for each of the original states

17. Structure of the Federal Court System
The structure of the federal court system begins with the magistrate courts and ends with the Supreme Court:
Supreme Court
Appellate Courts
Trial Courts
Magistrate Courts

18. Structure of the Federal Court System (continued)
Magistrate Courts
Created by the Federal Magistrate’s Act of 1968
Magistrates are appointed by a district court judge
Full-time magistrates are appointed to an 8-year term
Part-time magistrates are appointed to a 4-year term

19. Structure of the Federal Court System (continued)
Trial Courts
Are also known as US district courts
There are 94 US district courts covering the US and its territories
The judges are appointed by the US President
Serve a life term
Consent from Congress is required

20. Structure of the Federal Court System (continued)
Court of Appeals
Are also known as Appeals Court, Appellate Court, and Circuit Courts
There are 12 US Regional Circuit Courts of Appeal and one US Court of Appeals for the Federal Circuit and approximately 165 federal courts of appeals judges
The court does not conduct a jury trial but is made up of a panel of judges, usually three
The judges are appointed by the US President
Confirmed by the Senate
Serve a lifetime appointment

21. Structure of the Federal Court System (continued)
US Supreme Court
Is the highest court in the US
Consists of nine justices
A decision of the Supreme Court is final and cannot be overruled
The judges are nominated and appointed by the US President
Confirmed by Senate
Serve a lifetime appointment

22. History of the State Court System
The Texas Supreme Court was established in 1836 after the Texas Revolution
In 1845 the Supreme Court was restructured, and in 1850 the offices of the Supreme Court were filled by elections
In 1876, to relieve the case load of the Supreme Court, the Court of Appeals was created to deal with criminal cases; it was later renamed the Court of Criminal Appeals
In 1980 the previously established courts, the Courts of Civil Appeals, were renamed Courts of Appeals and were designed to relieve the Court of Criminal Appeals’ caseload

23. Structure of the State Court System
Began with the justice or municipal courts and ended with the Texas Supreme Court or the Court of Criminal Appeals:
Texas Supreme Court or Court of Criminal Appeals
Courts of appeals
District courts
County courts
Justice courts or municipal courts

24. Jurisdiction of the State Courts (Texas)
Justice Courts
Limited jurisdiction
Original jurisdiction in Class C misdemeanor criminal cases that are punishable by fine only
Civil matters not more than $10,000
Evictions (Landlord/Tenant law)

25. Jurisdiction of the State Courts (Texas) (continued)
Municipal Courts
Limited jurisdiction
Misdemeanors with fines less than $200
Exclusive original jurisdiction over municipal ordinance violations
Limited civil jurisdiction

26. Jurisdiction of the State Courts (Texas) (continued)
County Courts
Limited jurisdiction
Constitutional County Courts
Have appellate jurisdiction over the justice courts, municipal courts, and administrative hearings
Preside over Class A and Class B Misdemeanors
Original jurisdiction in civil cases from $200 to $10,000
Concurrent jurisdiction with justice of the peace and district courts in civil cases in which the amount in controversy is small

27. Jurisdiction of the State Courts (Texas) (continued)
County Courts (continued)
County Court at Law
Created by Legislature to aid the single constitutional county court
Legal jurisdiction varies
Original, appellate, and concurrent jurisdiction are the same as Constitutional County Court
Statutory Probate Courts
Original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments
Legislature grants authority to certain county courts

28. Jurisdiction of the State Courts (Texas) (continued)
District Courts
General and Special Jurisdiction
Original jurisdiction
All felony criminal cases
Divorce cases
Title to land cases
Contested election cases
Civil matters of $200 or more
Juvenile matters

29. Jurisdiction of the State Courts (Texas) (continued)
Courts of Appeals
Intermediate appellate jurisdiction
Both criminal and civil cases
State of Texas Highest Appellate Courts
Texas Supreme Court
Final appellate jurisdiction in civil cases
Final appellate jurisdiction in juvenile cases
Texas Court of Criminal Appeals
Final appellate jurisdiction in criminal cases

30. Types of Laws Criminal Law Civil Law Administrative Law
The three major types of law are Criminal Law, Civil Law, and Administrative Law

31. Sources of the Law Constitutions Statutes Case laws
Administrative Regulations
All three types of law are created and maintained through the different sources of law: constitutions, statutes, case law, and administrative regulations.

32. Statutory Law Enacted by Federal or State Legislatures
Found in Codes (Ex: Penal Code)
Examples: murder, rape, robbery, and terrorism.

33. Judicial Law/Case Law
Precedent or stare decisis (“let the decision stand”)
Court’s Interpretation of Statutory Law
Appellate Court Decisions
Can include rulings on
Procedural matters
Evidentiary hearings

34. Due Process Due process is mentioned twice in the Constitution.
Fifth Amendment: “No person shall…be deprived of life, liberty or property without due process of law.”
Fourteenth Amendment:“No state shall deprive any person of life, liberty or property without due process of law”
Due process is required in ALL areas of the law.

35. Criminal Law
Criminal courts exist to enforce the substantive criminal law
Two basic types of crimes
Felonies
Misdemeanors
Examples of felonies: murder, kidnapping, sexual assault
Examples of misdemeanors: public intoxication, simple assault

36. Presumption of Innocence
The “state” (prosecution) has the “burden” of proving a defendant guilty of alleged crimes
Defendants are not required to prove themselves innocent
Guilt must be “beyond a reasonable doubt”
Civil cases have a “preponderance of the evidence” requirement

37. Elements of a Crime
Corpus delicti: the body or substance of a crime, composed of two elements: the act and the criminal agency producing it
Actus reus: the guilty act
Mens rea: guilty state of mind
Each crime is defined within a federal or state criminal code – these are statutes.

38. Civil Law
Tort: a private or civil wrong, in which the defendant’s actions cause injury to the plaintiff or to property
Contract: a legally enforceable agreement between two or more parties
Property: the legal right to use or dispose of particular things or subjects
Inheritance: property received from a dead person, either by effect of intestacy or a will
Civil laws regarding these different areas are defined in statutes. Ex: domestic relations– Texas Family Code, inheritance rights—Texas Probate Code.

39. JURISPRUDENCE
The philosophy of law
The science and study of the law

40. WHAT IS LAW? A body of rules of conduct
Prescribed by a legitimate authority
Form of a statute
Mandates certain forms of behaviors

41. RULE OF LAW Supremacy of law
Standards of behavior are established by laws and not by dictators or religious leaders
No person is above the law
Everyone is subject to the law
Everyone can be held accountable in court for their actions

42. LIMITATIONS OF THE LAW
Legality: laws defining crimes and penalties must be made public before being enforced
Made public by publishing laws
Puts the members of society on notice

43. LIMITATIONS OF THE LAW Ex post facto: “not after the fact”
Persons cannot be punished for actions committed before the law prohibiting the behavior was passed
Example: Timothy Leary (psychology professor) experimented with and advocated the use of LSD prior to laws making possession or use of LSD illegal. Charges could not be brought against him after the laws were enacted. After enactment of the laws, he continued use. Then he was arrested – but charges were limited to instances of his possession and use of LSD after the drug law was published.

44. LIMITATIONS OF THE LAW
Void for Vagueness: the definitions of laws must be clear and reasonable, specifying prohibited behaviors; otherwise, those laws are illegal
A law must say what it means and mean what it says.
Example: A New Jersey law that made it a crime to be a member of a gang was struck down because the court declared that the word gang was too vague.

45. LIMITATIONS OF THE LAW
Void for Overbreadth: laws are illegal if they are stated so broadly as to prohibit legal activities as well as the illegal behavior
Go too far
Example: The city of New York made it illegal to panhandle or beg on a New York subway because it frightened passengers. The law is not vague, but could also be applied to the prohibition of free speech activities – which are protected under the U.S. Constitution.

46. LIMITATIONS OF THE LAW
Due Process: the government must treat people equally and fairly before the law.
Substantive - limits the power of governments to create crimes unless there is compelling, substantial, public interest in regulating or prohibiting the conduct
Procedural Due Process – the requirement that the government must follow established procedures and treat defendants equally

47. FUNCTIONS OF LAWS Defines Crime
any act that the government has declared to be an offense against the public good, declared by statute to be a crime, and which is prosecuted in a criminal proceeding

48. FUNCTIONS OF LAWS Defines Criminal Acts
1. mala in se - acts that are crimes because they are inherently evil.
2. mala prohibita- acts that are prohibited because they are defined as crimes by law, not because the act is harmful or inherently evil.