The Organization of the Criminal Justice System Chapter 2 The Organization of the Criminal Justice System

The Courts Trial Courts – judicial tribunals usually presided over by one judge who conducts proceedings and trials in civil and criminal cases with or without a jury. Appellate Courts – judicial tribunals that review decisions from lower tribunals. There are 13 Federal Judicial Circuits.

The Courts Courts of General Jurisdiction – courts that conduct trials in felony and major misdemeanor cases. Also refers to courts that have jurisdiction to hear civil as well as criminal cases. Courts of Limited Jurisdiction – courts that handle pretrial matters and conduct trials in minor misdemeanor cases.

Court Rules Rules of Procedure – rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings. Appellate Rules of Procedure – Rules which govern the methodology and procedure of appeals.

Federal Courts United States Supreme Court highest court in the U.S. nine justices review the decisions of lower federal courts and many decisions of the highest courts of each state. Writ of Certiorari – writ issued by appellate court to grant discretionary review of a case decided by lower court.

Federal Courts US Courts of Appeal Federal Trial Courts Reviews cases appealed from the federal district courts Federal Trial Courts The court of original jurisdiction

State Court Supreme court District court Magistrate or small claims court Administrative Law Court

Police Encounters Voluntary – No reason. Terry Stop - Reasonable Suspicion – police officer’s belief based on all relevant circumstances that criminal activity is afoot. Arrest - Probable Cause – reasonable ground for belief in certain alleged facts.

Initial Stage of the Criminal Process Arrest Police action to take someone into custody. Trial Information document filed by prosecutor under oath charging one or more people with commission of a crime. Indictment a Formal document handed down by a grand jury accusing one or more people of the commission of a crime.

Miranda Warnings A warning given by police to people who have been taken into custody before interrogation.

Court Encounters Grand Jury group of citizens convened either to conduct an investigation or to determine if there is sufficient evidence to warrant prosecution of an accused. They can issue an indictment or refuse to do so.

Stages of the Criminal Process Initial Appearance – first appearance after arrest of the accused before a judge. the defendant is informed of the charges right to counsel and a determination is made as to bail. Pretrial Release – obligation to appear in court of law at a given time.

Stages of the Criminal Process Preliminary Hearing – hearing held to determine whether there is sufficient evidence to hold an accused for trial. Arraignment – appearance before a court of law for the purpose of pleading to a criminal charge. Defendant has four options: Plead guilty Plead not guilty Plead nolo contendere – no contest Remain silent – court enters a plea of not guilty

Stages of the Criminal Process Plea Bargain – agreement between a defendant and prosecutor where the defendant agrees to plead guilty in exchange for some concession (reduction in number of charges).

Pretrial Motions Pretrial Motions – request for a ruling or order before the commencement of trial. Dismiss charges Suppression of evidence Change of venue Continuance Inspect minutes of grand jury proceedings Request psychiatric evaluation of accused Request closure of pretrial proceedings Inspect evidence in hands of prosecution

Stages of the Criminal Process Trial Jury – fixed number of citizens, 6 – 12, selected according to law and sworn to hear the evidence presented at a trial and to render a verdict based on the law and the evidence.

Stages of the Criminal Process Jury Selection – (Venire) process of selecting prospective jurors at random from lists of people representative of the community. Voir dire - to speak the truth. Prospective jurors are questioned by counsel before being selected to serve on jury. Peremptory Challenges – objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection. Challenges for Cause – objection to a prospective juror on some specified ground.

Conduct of trial Exigent Circumstances – situations that demand unusual or immediate action. Exclusionary Rule – judicial doctrine forbidding the use of evidence in a criminal trial where the evidence was obtained in violation of defendant’s constitutional rights.

Trial Procedures and Adjudication Terms Reasonable doubt – doubt that a reasonable person might entertain in regard to the veracity of a proposition after hearing the evidence. Cross-examination – process of interrogating a witness who has testified on direct examination by asking questions concerning testimony given. Designed to bring out bias or inconsistencies in the witness’ testimony.

Sentencing Pre-sentence investigation – An investigation held before sentencing a criminal to aid the court in determining the appropriate punishment. Indeterminate sentencing – A prison sentence for indeterminate periods until officials determine that rehabilitation has been accomplished. Determinate sentencing – A judge sets a fixed term of years within statutory parameters and offender must serve that term without early release.

Stages of the Criminal Process Appeal and Discretionary Review Right to appeal – statutory right to appeal decisions of lower courts in certain circumstances. Harmless errors – errors that occur that do not materially affect the court’s decision. Postconviction Relief Writ of habeas corpus – requires party be brought before the court. Primary function is to release a person from unlawful confinement.