Pennsylvania Criminal Justice System Bucks County Technical High School Emergency Services Technology

Major Goals of the Criminal Justice System Guaranteeing due process Crime prevention Protection of life and property Apprehension of offenders Enforcement of the law Equal justice

Guaranteeing Due Process The principle rule of law Protection of private rights

Generally Due Process Includes: A law creating and defending an offense An impartial tribunal having jurisdiction and authority over the matter Accusation in proper form (must have proper documents and correct individual) Notice and opportunity to defend Trial by established procedure Discharge from all restraints or obligations unless convicted

Major Goals of the Criminal Justice System 1. Due process model: one of two models of justice. It emphasizes the need to protect individuals from injustice. 2. Crime prevention model: second of two models of justice. A. referred as crime control model B. Emphasizes the need to enforce law and maintain social order.

Maintain social order by: Apprehension of offenders Enforcement of law including retribution, the application of “Just Deserts” Protection of life and property rights.

Crime Prevention Includes: Deterrence: the threat of punishment for law breakers (if you do the crime, you will be punished. General Deterrence: punishing a person to set an example and deter others from future law breaking. Specific Deterrence: punishing a person to dissuade that person from committing future law breaking

Crime Prevention Measure Incapacitation: the obstruction of ones ability to do law breaking acts i.e. incarceration in prison or supervision (parole and probation) Rehabilitation: application of a therapy, which will decrease the propensity of one to break the law.

Crime Control Through Due Process Due process and crime control models of justice exist in nearly constant and unavoidable opposition to one another in an ideological support and criticism. It could be said that a major goal of the criminal justice system is to enforce law with special regard for the rights of individuals.

Component Parts of the Criminal Justice System A. Levels of Government 1. Federal 2. State 3. County 4. Local/Municipal B. Types of Agencies 1. Law enforcement 2. Courts 3. Corrections

Types of Law Enforcement Agencies Local Law Enforcement: Municipal police employed by cities (Philadelphia), towns (Bristol Township), and boroughs (Morrisville). Enforces state laws and local ordinances, often working closely with special jurisdiction police, including campus police (Temple), transit police (SEPTA), housing police, and park police.

Types of Law Enforcement Agencies County: Chief law enforcement officer of a county is the prosecutor, sometimes called the District Attorney. Investigator: some rely entirely on the police to accumulate evidence Some direct the police investigation Some pick up from a police investigation/conduct investigation independent of the police (county detectives)

Types of Law Enforcement Agencies County: Counsel to the police assisting with training and legal policies and opinions Officer of the court pursuing justice, weighting the value of individual prosecutions and the available evidence to do so and allocating the state prosecution resources.

Police and the Prosecutor Are interdependent Police brings cases to prosecutor and relies on police to develop cases Prosecutor takes case developed by police, negotiates plea bargains, or otherwise disposes of cases Perhaps as many as 50% of police arrests are not prosecuted

Police and the Prosecutor To obtain a criminal conviction, there must be proof beyond a reasonable doubt Sheriffs, county police, and or detectives may assist with local law enforcement and investigation Sheriffs are officers of the court who serve court orders including warrants, subpoenas, and transport prisoners

State Police State police or highway patrol assists local police to enforce state law, particularly when a crime problem is multi-jurisdictional. State police often act as a repository of information, may conduct special investigations or provide special services (forensic analysis, special weapons etc.) State police are usually responsible for enforcement of the vehicle code on state and interstate highways.

Federal Agencies Various law enforcement and investigative agencies associated with federal agencies, which pursue criminal matters of federal law. Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), US Secret Service, Bureau of Alcohol Tobacco and Firearms (ATF), US Postal Inspectors, US Park Rangers.

Types of Courts Local Courts Sometimes called lower courts or minor judiciary, may be called justices of the peace, district courts or municipal courts. These courts handle mostly minor infractions, i.e. traffic offenses, ordinance violations.

Types of Courts County Courts: Usually associated or located by the county level of government, but are the trial court of the state system. Court of original jurisdiction for all states offenses, but particularly the offenses too serious to be heard in local courts such as felonies.

Types of Courts State Courts: Appellate Courts: (Trial procedure violations) Intermediate Court of appeals and the state supreme court

Types of Courts Federal Courts: US District Courts: Trial court of the federal government US Circuit Courts: intermediate courts of appeal US Supreme Court: The court of final appeal

Types of Correctional Agencies Local: Fines and restitution are usually handled through the local courts or a subdivision of the local court Individuals sentenced by a municipal court to a period of incarceration would generally be sent to a county jail.

Types of Correctional Agencies County: County jail detains those sentenced to short periods of confinement (6-24 months) Serves as a place of detention for those awaiting, who can’t post bail or are awaiting or awaiting sentence County may also have probation or parole agencies Probation is a sentence given instead incarceration Parole is a portion of a sentence served in the community but under supervision and after a period of incarceration. Other correctional services: Halfway houses, restitution programs, community service, rehab, therapy etc.

Types of Correctional Agencies State: State prisons generally house more serious offenders with longer sentences State also has probation, parole, and community based correctional programs

Types of Correctional Agencies Federal: Individuals sentenced in federal court serve their sentence in federal prison. Federal systems also have parole.

Pennsylvania Criminal Justice System Law enforcement : most police are associated with city, town, or boroughs There are approximately 1000 agencies in Pennsylvania PA State Police are the primary law enforcement agency

PA State Police Provide law enforcement presence in local communities where or when no other exists Responsible for operation of criminal records and identification systems

Office of Pennsylvania Attorney General Pennsylvania’s chief law enforcement officer Can criminally prosecute in any county in the commonwealth Prosecutes organized crime and corruption Operation and direction of statewide or multi-county investigating grand juries

Local Courts Philadelphia has a municipal court, which functions like the rest of the commonwealth, but sentences can be imposed up to five years. Except in Philadelphia, constables to do warrant services and prisoner transportation District court and municipal court conduct preliminary arrangements and preliminary hearings for cases that will actually be tried at the next higher court.

County Courts: County courts are trial courts in Pennsylvania. Generally called the court of common pleas.

Pennsylvania State Courts: Superior Court Commonwealth Court Both are courts of appeal Superior Court hears mostly criminal appeals form the court of common pleas Commonwealth hears cases which involves the commonwealth in some way (case laws) Supreme court is the highest commonwealth court and the final authority on the law of the commonwealth

Steps in the Criminal Justice Process 1. Crime is reported, observed, or discovered by police 2. Investigation by police agency or other investigative agency 3. Citations, summons, warrant, or arrest on view (sight) 4. Generally, police must view a misdemeanor to arrest without a warrant 5. Police are not required to view a felony to arrest without a warrant but must establish probable cause to arrest

Steps in the Criminal Justice Process 6. Booking: a part of the arrest process includes fingerprints, pictures, and taking personal information such as name, address, DOB, height, and weight 7. Decision to prosecute or not, generally made by the prosecutor 8. Up to 50% of cases may be dismissed 9. What charges are to be made, must be decided 10. Preliminary arraignment-defendant is brought before the magistrate to hear charges

Preliminary Arraignment If defendant can’t afford a lawyer (private counsel), a public defender will be appointed 60-80% can’t afford private counsel Bail decision-made by judge or bail hearing officer Bail is a bond to insure the appearance of the defendant in court if they are not held in custody Some are ROR, released on their word they will show up in court. Up to 2/3 of those in county prison are being held because they could not post bail

Preliminary Hearing Prosecution has to show a “prima facia” case. Prima facia means- on the surface

Information or Indictment In other states, a grand jury returns: No bill (does not warrant prosecution) True Bill (case is worth of a full trial) Police or prosecutors may bring a case directly to a grand jury before an arrest is made Grand juries may return an indictment on less than an unanimous vote In some states a prosecutor may file “information” with the court PA is the only state without the power indict

Steps in Criminal Justice Process Continued Arraignment Defendant hears charges to be tried and enters plea If pleas guilty or nolo contendre (no contest) may have a hearing to determine penalty or may go immediately to sentencing judge. If the defendant pleads not guilty Pretrial motions-admissibility of evidence, change of venue It is at this stage where plea negotiations most likely will take place

Trial Most serious cases go to trial, probably less than 15% of all criminal cases Presentation of prosecution case Presentation of defense Can be a bench trial (heard only by judge) Verdict Sentencing may be delayed for pre-sentence report Various types of sentences-minimum, mandatory, determinate/indeterminate, suspended

Appeal Mandatory if death penalty is involved Not available generally for guilty pleas Not for acquittals Nearly always has to be based on or upon a claim of error of law or procedure, not the question of guilt or innocence

System Goals vs. Component Goals Criminal justice system (is it?) Police want to “make and clear cases through arrest process” Prosecutors may be more concerned with conviction rate (that is why you have plea bargaining) Judges concerns may be court backlogs and appeals While every component of the criminal justice system want the large goals of order, justice, and rule of law We may also view and case differently because of our respective place in the system

Victim Assistance Program In PA, a victim of a crime is: A person against who a crime has been perpetrated or attempted A parent or legal guardian of a child victim (except if parent is the perpetrator) Family member of a homicide victim including “step relations and a fiancé

Pennsylvania Victims Rights To receive basic information about victim services To be notified of significant steps in the progression of their case through the criminal justice system To be accompanied at all public criminal proceedings by a family member, advocate, or other person To submit comments to the prosecutors office prior to plea bargaining or dropping of charges in cases involving personal injury and burglary To offer comment prior to sentencing of a defendant including victim impact statement (how crime affected them)

Pennsylvania Victims Rights Victim has right to be restored to the “pre crime” economic status through restitution and compensation under victims compensation program To comment prior to incarcerated individuals release by furlough, parole, or pardon and to be notified if offender escapes Similar provisions apply to those offenders committed to mental health facilities To have assistance with filing a claim for financial assistance form the crime victims compensation board

Police Agencies in PA are Responsible to: provide info to victims on victim services within 24 hours of first contact with the victim in personal injury claims, police will notify victim of the arrest of suspect as soon as possibly no later than 24 hours after preliminary arraignment victim must be notified if an offender escapes from law enforcement custody