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The Criminal Justice System

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1 The Criminal Justice System
Chapter 16 Section 2 The Criminal Justice System

2 The Role of the Police Criminal Justice System: the three part system consisting of the police, courts, and corrections that is used to keep the peace and bring criminals to justice.

3 The Police Police Duties: Protecting life and property
Preventing crime Arresting people who violate the law Protect the rights of individuals Maintaining peace and order Controlling traffic

4 Police Arrests Must have probable cause to arrest someone
The officer must have witnessed the crime or must have gathered enough evidence to make an arrest. If no one saw the suspect commit the crime, and arrest warrant may be necessary. An authorization by the court to make the arrest. According to the Bill of Rights, all arrested suspects are entitled to due process.

5 Police Arrests Police must inform suspects of their Miranda rights before questioning them. If a suspect is not given this information any statement he/she makes cannot be used as evidence in court. After arrest suspect taken to the police station for booking.

6 The Courts: From Arrest to Sentencing
Preliminary Hearing Held soon after the accuser's arrest Judge decides if there is enough evidence to send the case to trial. If not judge dismisses, or drops the charges If charges are not dropped then judge decides whether to set bail Money post as a guarantee that he/she will return for trial.

7 Defendant: person the charges are against
Bail related to the seriousness of the crime If the defendant poses a threat to run then the judge can deny bail and hold them in custudy

8 Grand Jury and Indictment
If a grand jury finds probable cause then the defendant is formally charged.

9 Arraignment After the Defendant is charged, they go before a judge for arraignment When the defendant enters a plea of guilty or not guilty to the charge If the defendant pleads guilty no trial is necessary

10 Trial If the defendant pleads not guilty to the charge, the case goes to trial. Defense represents the defendant Prosecution represents government’s side of the case. The defense and the prosecution lawyers choose the jurors for the trial from a large group of people. Each can question prospective jurors. Each can reject people they believe might be prejudice against his/her side of the case

11 Trial The court may issue subpoenas
A written command from the court to a person to appear. It is used to compel the testimony of witnesses in a trial or other proceedings Each side presents its case by calling witnesses and offering evidence. 5th amendment: no criminal defendant can be forced to testify against himself/herself.

12 Trial After both sides present evidence, each lawyer makes a closing statement that summarizes his/her argument Judge then tells the jurors what they can and cannot consider under the law in reaching their verdict. Jury leaves the courtroom to deliberate, or discuss the case.

13 Trial Defendants are always presumed to be innocent until a verdict is delivered. It is the prosecution’s job to prove that the defendant is guilty beyond a reasonable doubt. If there is reasonable doubt, the jury must acquit, the jury must find him or her not guilty of the crime. If the jury cannot agree on a verdict, the case may be tried again before another jury.

14 Sentencing If a defendant is found guilty, the judge decides on the punishment, or sentence.

15 Plea Bargaining Most cases in the U.S. never go to trial.
They are taken care of quickly by plea bargaining. The defendant may plead guilty to a lesser offense than the original charge. Under a plea bargain agreement, the penalty is usually lighter than if a trial jury found the defendant guilty.

16 Punishing Lawbreakers
Imprisonment: Most serious crimes are typically punished with imprisonment. Parole: Early release from prison Capital Punishment: Harshest punishment for crimes committed in the U.S.

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