Presentation on theme: "The Criminal Justice System"— Presentation transcript:
1The Criminal Justice System Chapter 16 Section 2The Criminal Justice System
2The Role of the PoliceCriminal 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.
3The Police Police Duties: Protecting life and property Preventing crimeArresting people who violate the lawProtect the rights of individualsMaintaining peace and orderControlling traffic
4Police 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.
5Police ArrestsPolice 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.
6The Courts: From Arrest to Sentencing Preliminary HearingHeld soon after the accuser's arrestJudge decides if there is enough evidence to send the case to trial.If not judge dismisses, or drops the chargesIf charges are not dropped then judge decides whether to set bailMoney post as a guarantee that he/she will return for trial.
7Defendant: person the charges are against Bail related to the seriousness of the crimeIf the defendant poses a threat to run then the judge can deny bail and hold them in custudy
8Grand Jury and Indictment If a grand jury finds probable cause then the defendant is formally charged.
9ArraignmentAfter the Defendant is charged, they go before a judge for arraignmentWhen the defendant enters a plea of guilty or not guilty to the chargeIf the defendant pleads guilty no trial is necessary
10TrialIf the defendant pleads not guilty to the charge, the case goes to trial.Defense represents the defendantProsecution 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
11Trial 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 proceedingsEach side presents its case by calling witnesses and offering evidence.5th amendment: no criminal defendant can be forced to testify against himself/herself.
12TrialAfter both sides present evidence, each lawyer makes a closing statement that summarizes his/her argumentJudge 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.
13TrialDefendants 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.
14SentencingIf a defendant is found guilty, the judge decides on the punishment, or sentence.
15Plea 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.
16Punishing Lawbreakers Imprisonment:Most serious crimes are typically punished with imprisonment.Parole:Early release from prisonCapital Punishment:Harshest punishment for crimes committed in the U.S.