Chapter 16: The Criminal Justice System

Vocabulary TERM DEFINITION Capital Crimes a felony punishable by death 2. Search Warrant a document issued by a judge that authorizes law enforcement officers to search a person’s property or possessions 3. Exclusionary Rule the principle that illegally seized evidence cannot be used in a court of law 4. Warrantless Arrest an arrest of a suspect without a warrant, often at the scene of the crime 5. Miranda Warnings the list of rights that must be read to a criminal suspect at the time of his or her arrest 6. Grand Jury a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged 7. Indictment a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial

Vocabulary TERM DEFINITION 8. Arraignment the stage in the criminal process when a person accused of a crime is informed of the charges and allowed to enter a plea of “guilty” or “not guilty” 9. Plea Bargain an agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence 10. Acquittal a trial verdict of “not guilty” 11. Hung Jury a jury that is deadlocked and cannot agree on a verdict 12. Sentencing the stage of a trial when the judge announces the punishment for a crime 13. Parole an early release from prison based on good behavior 14. Restitution a repayment by an offender to a victim for losses, damages, or injuries resulting from a crime 15. Incarceration imprisonment in a jail, prison, or other correctional facility as punishment for a crime

Types of Crimes MISDEMEANOR FELONY TYPE OF CRIME EXPLANATION EXAMPLES a minor crime, typically punishable by a fine or no more than one year in prison Petty theft (under $500), Public Intoxication, Simple Assault without intent of injury, Trespassing, FELONY a serious crime that is usually punishable by more than one year in prison DUI/DWI, Burglary, Treason, Possession, Counterfeiting, Prostitution, Murder, Assault and Battery, etc.

A B C X 1 2 3 4 MISDEMEANOR VS. FELONY 1 year in jail $2,500 fine CLASS MAXIMUM PENALTY EXAMPLES A 1 year in jail $2,500 fine DUI Possession of Cannabis (10-30 grams) Reckless driving B 6 months in jail $1,500 fine Possession of Cannabis (2.5-10 grams) Harrassment C 30 days in jail Assault Possession of Cannabis (Under 2.5 grams) CLASS MAXIMUM PENALTY EXAMPLES X 30 years in jail $25,000 fine Aggravated kidnapping Possession with intent to distribute 1 15 years in jail Possession of Heroin, LSD, Cocaine 2 7 years in jail Arson 3 5 years in jail Aggravated battery 4 3 years in jail $25,000 Aggravated assault Stalking

Due Process of the Law Due Process: Legal requirement to recognize an individual’s legal rights TYPE OF DUE PROCESS DESCRIPTION SUBSTANTIVE the principle that the substance of the laws enforced by the government must not violate constitutional rights and liberties PROCEDURAL  the principle that the procedures followed by the government in enforcing the law must not violate constitutional rights and liberties

Can a Juvenile Receive the Death Penalty?

SUPREME COURT OVERRULED THE EXECUTION OF JUVENILES IN 2005 NOT ANYMORE SUPREME COURT OVERRULED THE EXECUTION OF JUVENILES IN 2005 JUVENILE OFFENDERS EXECUTED, BY STATE, 1976-2005, WHERE IT WAS LEGAL TO EXECUTE JUVENILES STATE EXECUTED Texas 13 Alabama Mississippi Arizona Louisiana North Carolina South Carolina 1 Florida Georgia Pennsylvania Virginia 3 Nevada Missouri Oklahoma 2

Stages of Criminal Justice Crime Investigation Arrest Pretrial Trial Sentencing & Appeals Corrections

information about a crime that can be inferred from other facts Evidence TYPE OF EVIDENCE DESCRIPTION DIRECT information about a crime provided by a witness who saw the crime, or by a video or audio recording of the crime CIRCUMSTANTIAL information about a crime that can be inferred from other facts

Warrantless Search and Seizures Checkpoints Airport Searches Student Searches Consent Searches

Searches Without Warrants During a Lawful Arrest 2. When Evidence Is In Plain View 3. When in Hot Pursuit 4. Automobile Searches

Miranda Rights You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney and to have that attorney present while you are being questioned. If you cannot afford an attorney, one will be appointed for you before questioning begins.

What Is a “SPEEDY” Trial? The length of the delay The prosecutor’s reasons for the delay The defendant’s views on the delay Potential harm to the defendant caused by the delay

How many members Are there on a Jury? How does a jury Come to a Decision?

12 Jurors Unanimous= 12-0

6th Amendment USSC Cases DESCRIPTION Gideon v. Wainwright USSC required that defendants in criminal cases have the opportunity to receive legal counsel whether they can afford it or not Gideon Case: Clarence Gideon was accused of burglary and forced to defend himself in a Florida court. A few years he was acquitted of all charges. Escobedo Illinois USSC required that defendants have opportunity to receive legal counsel in during police interrogations Escobedo Case: Danny Escobedo was accused of murder and was interrogated for over 14 hours while being denied the right to speak to his attorney

the practice of assigning a convicted criminal a fixed term in prison Sentencing TYPE EXPLANATION EXAMPLE INDETERMINATE  the practice of assigning a convicted criminal a variable term in prison 10-15 year sentence with parole (opportunity for early release) DETERMINATE the practice of assigning a convicted criminal a fixed term in prison Fixed date or sentence ex.) Life without parole, death sentence, etc.

Other Sentences Suspended Sentence Probation Home Confinement Fine DESCRIPTION Suspended Sentence The defendant does not have to serve time in prison immediately, but may have to serve time later if he or she is rearrested or violates a condition of parole. Probation The defendant must report to a probation officer, who ensures that the defendant is following certain conditions set down by the judge. Home Confinement Rather than a prison sentence, the defendant serves time at home and can leave only for preapproved reasons, such as work, appointments, or school. Fine The defendant may be required to pay a certain sum of money to the government. Restitution repayment by an offender to a victim for losses, damages, or injuries resulting from a crime Work Release The defendant is imprisoned but is allowed to work in the community during workdays.

US Prison Population The USA has the LARGEST Prison population in the world! ***2.23 Million Prisoners*** ***Since 1980, the prison*** ***Population has grown 5x***

8% 35% 51% 6% US Prison Population VIOLENT CRIMES PUBLIC ORDER DRUG PERCENTAGE VIOLENT CRIMES 8% PUBLIC ORDER 35% DRUG RELATED 51% PROPERTY 6% *Based on 2008 UN data