Welcome to Criminal Justice CHAPTER 1 10/6/2017 Introduction Slide 8 Belleville High School Law Related Education Criminal Justice Introduction Welcome to Criminal Justice Course Objectives Develop a comprehensive understanding of the U.S. Criminal Justice System. Unit I-Explore the basic concepts of criminal law and the criminal justice process. Unit II-Examine law enforcement in the U.S. and analyze the crime problem. Unit III-Analyze the Federal court system and the court system of the State of N.J. Unit IV-Study the corrections system in the U.S. Apply these concepts in real life situations…Mock Trial. 1
Video Surveillance in the Classroom Belleville High School Law Related Education Criminal Justice Introduction Video Surveillance in the Classroom Video surveillance laws vary from state to state throughout America. One of the big concerns about video surveillance in classrooms is the expectation of privacy. The Fourth Amendment of the Constitution of the United States reads that when a person has a reasonable expectation of privacy, it is infringing on their rights to invade it.
Video Surveillance in the Classroom Belleville High School Law Related Education Criminal Justice Introduction Video Surveillance in the Classroom The right to privacy has generally applied to places like bathrooms, changing rooms, locker rooms and other places where people have an expectation of privacy. The law generally does not allow video surveillance in these places, and it's considered illegal to record video surveillance in these places except in narrowly defined circumstances. As with all rights under the U.S. Constitution, when the safety of the public is threatened, your rights can be limited by the government.
Criminal Justice Introduction CHAPTER 1 10/6/2017 Slide 4 Belleville High School Law Related Education Criminal Justice Introduction Legal Reasoning and Applying The Rule of Law Case Study: State of New Jersey v. Chris Marley Belleville Police, investigating a break-in, notice in the yard next door, a shed with the door open and ten marijuana plants inside. The house is occupied by the owner, Chris Marley, and Mr. Marley’s eight year old son. Mr. Marley admits to growing the marijuana plants. Mr. Marley’s son tells police that he smokes marijuana with his dad all the time. Mr. Marley is facing 35 years in prison on various drug and child endangerment charges and fines of up to $1,000,000.00. Does this sentence seem fair and just? 4
A. Legal Reasoning Criminal Justice Introduction CHAPTER 1 10/6/2017 Belleville High School Law Related Education Criminal Justice Introduction A. Legal Reasoning Legal Reasoning- A method of problem solving that requires ASKING QUESTIONS to obtain a complete understanding of the problem. Through the use of Legal Reasoning you can investigate and gather information necessary to make an informed decision on the issue at hand.
State of New Jersey v. Chris Marley CHAPTER 1 10/6/2017 Belleville High School Law Related Education Criminal Justice Introduction A. Legal Reasoning State of New Jersey v. Chris Marley Additional facts revealed through legal reasoning: Defendant is Bio-Chemist. Son diagnosed w/cancer. Use of marijuana is medicinal. N.J. Law does not permit use of marijuana to treat son’s cancer.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice Lesson Objectives Define the objective of the U.S. Criminal Justice System (CJS). Identify components of the CJS. Examine Differences between federal and state justice systems. Identify and Analyze The Steps in the Criminal Justice Process.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice The objective of the U.S. Criminal Justice System is to manage the crime problem in the United States. The phrase criminal justice system (CJS) refers to a collection of federal, state, and local public agencies that deal with the crime problem. These agencies process suspects, defendants, and convicted offenders. These agencies are interdependent…They work together. Law & Order
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice 4) The basic framework of the CJS is provided by the legislative, judicial, and executive branches of government. Legislative Makes the Law Executive Enforces the Law Judicial Interprets the Law Provide due process of law* * THE RIGHT TO DEFEND YOURSELF
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice Major components of the CJS strive to prevent or deter crime by apprehending, trying, and punishing offenders. These components are; Police Departments Courts Corrections
I. The Structure of Criminal Justice B. Major components of the CJS CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice B. Major components of the CJS Police Departments are public agencies that operate in the community to prevent and control crime. They cooperate with prosecutors in criminal investigations, gathering evidence necessary to obtain convictions in the courts. Courts are where persons accused of violating criminal law come to have their criminal responsibility determined by juries or judges. The primary actors in the courts are the prosecutors, defense attorneys, and judges. Corrections include probation, parole, jail, prison, and sanctions such as electronic monitoring and house arrest. The purposes of correctional agencies are to punish, to rehabilitate, and to ensure public safety.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice Differences between federal and state justice systems; Federal and state justice systems carry out the same functions, enforcing laws, trying cases, and punishing offenders, but the laws and agencies of the two systems differ. Function State Federal Creation of Laws State Legislature U.S. Congress Enforcement of Laws State and Local Police U.S. Department of Justice FBI, DEA, USMS, ATF, DHS Prosecution of Offenders Municipal, County and State Prosecutors U.S. Attorneys Corrections State Department of Corrections Federal Bureau of Prisons
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice The Process of Criminal Justice The process of criminal justice involves a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision. Steps in the Criminal Justice Process; Investigation of a crime by the police. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. Arrest of a suspect by the police. An arrest involves taking a person into custody for the purpose of holding the suspect until the initial court appearance. At this time police must inform the defendant of the pending charges. An initial bail can be set at this time. Prosecution of a criminal defendant by the prosecutor. When deciding whether to formally charge a person with a crime, prosecutors weigh many factors, including the seriousness of the offense and the strength of the evidence.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice The Process of Criminal Justice Steps in the Criminal Justice Process; Indictment by a grand jury. If a criminal case has not been downgraded, diverted, dismissed, or pled out the prosecutor will present the case to a grand jury for an indictment. The grand jury considers evidence presented by the prosecutor and determines if there is sufficient evidence to formally charge the defendant with a crime. The indictment is not a finding of guilt or a conviction. Arraignment by a judge. Before the trial, the defendant appears in court and enters a plea to the charges. The most common pleas are guilty and not guilty. Bail and/or Pretrial detention. Detention refers to a period of temporary custody prior to trial. Bail is an amount of money paid by a defendant to be released from custody. The amount is of bail is based on the severity of the charges and is meant ensure he or she will show up for a trial.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice The Process of Criminal Justice Steps in the Criminal Justice Process; Plea bargaining between the defense attorney and the prosecutor. Usually, in plea bargaining, the defendant agrees to plead guilty in exchange for a charge reduction or sentence reduction. Trial/adjudication of guilt by a judge or jury, with a prosecutor and a defense attorney participating. A trial is held before a judge or jury. The standard of evidence for a criminal conviction is guilt beyond a reasonable doubt—less than 100 percent certainty but more than high probability. If there is doubt based on reason, the accused is entitled to be acquitted. Sentencing by a judge. If the accused is found guilty, a judge metes out a sentence. Possible sentences include a fine, probation, a period of incarceration in a correctional institution, such as a jail or prison, or some combination of supervision in the community and incarceration.
I. The Structure of Criminal Justice CHAPTER 1 10/6/2017 BHS Law Related Education Program Criminal Justice Lesson 1: INTRODUCTION TO CRIMINAL JUSTICE I. The Structure of Criminal Justice The Process of Criminal Justice Steps in the Criminal Justice Process; Appeals filed by attorneys in appellate courts and then ruled on by appellate judges. If an appellate court reverses a case, the case returns to trial court for retrial. Following a reversal, a prosecutor decides whether to refile or drop the charges. Punishment and/or rehabilitation administered by local, state, or federal correctional authorities. Release may be obtained by serving the maximum sentence mandated by a court or through an early release mechanism, such as parole or pardon. The criminal justice process is like a funnel, wide at the top and narrow at the bottom. Early in the criminal justice process, there are many cases, but the number of cases dwindles as decision makers remove cases from the process. Some cases are dismissed, while others are referred for treatment or counseling.
Criminal Justice Flow Chart Investigation of a crime by the police Arrest of a suspect by the police Prosecution of a criminal defendant by the government Indictment Arraignment Plea bargaining Trial adjudication of guilt Bail and/or Pretrial detention Sentencing Appeals Punishment