Our Criminal Justice System

Criminal Justice The Criminal Justice System: an apparatus that society uses to “enforce the standards of conduct necessary to protect individuals and the community” What are the goals of criminal justice?

Goals of Criminal Justice 1. ‘Doing’ Justice What makes the U.S. and other democracies unique- JUSTICE & FAIRNESS are essential. Investigate, Judge, and Punish Fairly Upholding rights of the individuals and punishing those who violate the law. Offenders will held fully accountable Rights of persons who have contact with the system will be protected Like offenses will be treated alike

Goals of Criminal Justice 2. Controlling Crime Control crime by arresting, prosecuting, convicting, and punishing those who disobey the law. 3. Preventing Crime Deterrent effect of public entities police, courts, and corrections. In our system, citizens do not have the authority to enforce the law, but can be actively involved!

Criminal Justice as a System Organizations have been formed, each with their own functions. An orderly process in which a variety of professionals act on each case on behalf of society. A true system- interdependent parts whose operations are directed towards common goals.

Characteristics of the CJ System Discretion Although criminal justice is a system, each part has it’s own authority to make decisions without reference to the other parts. Police officers decide who to arrest Prosecutors decide whether to file charges Judges, or jury, decide a sentence Leaves room for individual self-interest…

Characteristics, cont. 2. Filtering- a process used in criminal justice in which only some cases advance to the next level Very few suspects are arrested, prosecuted, tried, and convicted. Progress of a case often dependent on discretion..

The Flow of Decision Making The criminal justice system involves a series of decisions by police, prosecutors, judges, probation officers, wardens, and parole board members. At each stage, use their discretion to decide if a case may move on to the next level or be dropped from the system.

Step 1: Reporting Crime A crime must be reported or seen before police can begin an investigation. Police are often reliant on citizens to report crime as many are not seen by police at their time of occurrence. What is no one reports? If no one reports or its never seen, the case will die.

Step 2: Investigation Once a crime has been reported or seen, police begin an investigation. Police search for evidence in an investigation. Witnesses Police Line-up Evidence Collection Placing criminal at scene Confessions and/or Affidavits Must have evidence before an arrest can be made...

Step 3: Arrest If enough evidence is found during investigation, an arrest may be made. Arrest: the physical taking of a person into custody on the grounds that probable exists that they committed a criminal offense.

Step 4: Booking After an arrest, the suspect is transported to the police station for booking ( a record of the arrest). During booking, a suspect may be fingerprinted, photographed, interrogated, and placed in a lineup. Bail may be set at this time.

Pre-Trial Procedures The legal and administrative actions that take place after an arrest and before a trial. Majority of cases are resolved during this process and do not go to trial.

Step 5: Charging First involvement on the court system. Prosecutors office becomes the link between the police and the courts. Consider facts and Decide whether there is reasonable cause to believe that an offense was committed by the suspect. Decides what charges to place on the suspect File a criminal complaint- a sworn, written statement addressed to court by police or prosecutor alleging that that an individual has committed an offense

Step 6: Initial Appearance in Court Within a reasonable time after arrest, the suspect must be brought before a judge. Suspects are: Given formal notice of the charges for which they are being held. Advised of their rights Given a chance to post bail or held in pre- trial detention. Judge decides whether there is enough evidence to hold the suspect for further criminal proceedings.

Step 7: Pre-Trial Proceedings Grand Jury Indictment OR Preliminary Hearing Grand Jury- prove to an objective body that there is probable cause Preliminary Hearing- provide evidence to a lower court judge to decide if case should move forward Arraignment Judge again informs of official charges & ensures representation is available Defendant pleads guilty, not guilty, no contest If choose guilty or no contest, sentencing is set If not guilty….trial date is set

Step 7.5 Plea Bargaining between the prosecution and defense will normally occur before a trial begins Defense and prosecution will “bargain” in an attempt to end the process here. Example: defendant pleads guilty in exchange for lesser time Example: Defendant pleads guilty to a crime in exchange for dropping some of the charges

Step 7.5 Fact bargaining: The defendant pleads in exchange for the prosecutor’s stipulation that certain facts led to the conviction. The omitted facts would have increased the sentence because of sentencing guidelines.  Example:  The government files an indictment  against Cole for drug trafficking. Federal agents caught him with over five kilograms of cocaine. Five kilograms triggers a sentence involving many years in prison, so Cole agrees to plead guilty to the offense in exchange for the prosecution’s stipulation that he possessed less than five kilograms

Step 8: Criminal Trial If a criminal case is not resolved, the defendant has the right to a trial by jury. The state will have the burden of proof to prove defendant is guilty of accused offense. Once both sides have rested their case, guilt must be determined. If defendant is found guilty, a punishment must be given.

Trial timeline (simplified) Opening statements Prosecution presents evidence and witnesses Defense cross-examines witnesses Defense presents evidence and witnesses Prosecution cross-examines witnesses Closing Statements Jury Deliberates Judge decides sentencing

End of Trial to Punishment Finals Steps End of Trial to Punishment

Judge’s responsibilities The judge in a criminal trial is responsible for making sure all legal parameters are followed. He is also responsible for providing accurate instructions to the jury before they begin deliberations. Instructions must include: elements of the alleged offense, type of evidence needed to prove each element, and the burden of proof required for a guilty verdict.

Step 9: Jury Deliberation Jurors are sequestered during their deliberations Not to watch media or talk to anyone about the case Verdicts are often required to be unanimous

Step 10: The Verdict Two possible verdicts: Guilty or Not Guilty Hung Jury: verdict cannot be reached Jury Nullification: jury’s refusal to render a verdict according to the law and fact regardless of the evidence presented. Jurors can not be punished for decision

Verdict If found not guilty, the defendant is released. If found guilty  presentence investigation begins Judge schedules a sentencing hearing Either released on bail or held in custody until hearing

Step 11: The Sentencing Imposing the criminal sentence is normally the responsibility of the trial judge. Based on information and recommendations from the presentence investigation. Sentence itself is determined by the statutory requirements for the particular crime.

Sentence is laid down by the judge Defendant does have right to appeal Error in court proceedings Direct appeal to an appellate court is the right of the criminal Double jeopardy—Cannot try someone with the same charges and the same facts/evidence

Types of Punishment Possible? Fines Probation Imprisonment Community Service Death Penalty