Criminal Justice Process

1. INVESTIGATION: After a crime has been Discovered, evidence is gathered and follow-up investigations attempt to reconstruct the sequence of activities leading up to and including the criminal event. Efforts to identify suspects are initiated. 2. WARRANT: An arrest warrant issued by a judge provides the legal basis for an apprehension of suspects by police. 3. ARREST: In an arrest, a person is taken into custody, limiting the arrestee’s freedom. Arrest is a serious step in the process of justice. During arrest and questioning, defendants are usually advised of their constitutional rights, or Miranda Rights. 4. BOOKING: Booking is an administrative procedure where pictures, fingerprints, and personal information are obtained.

5. FIRST APPEARANCE: Within hours of arrest suspects must be brought before a magistrate (a judicial officer) for an initial appearance. The judge will tell the defendant of the charges against them, advise them of their rights, and may provide the opportunity for bail. 6. PRELIMINARY HEARING : The prosecution must produce evidence to show probable cause that the defendant committed the crime. This step is sometimes combined with the initial appearance. The next step depends on if the crime is a misdemeanor or felony. If a misdemeanor the judge will set a date for a trial. If a felony the case will go before the grand jury. The grand jury will decide if there is enough evidence to indict (formally charge) the defendant.

THE INITIAL APPEARANCE: Must be held within 48 – 72 hours after arrest in order to protect people from being put in jail and forgotten (habeas corpus). WRIT OF HABEA CORPUS: A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment. 7. INFORMATION: A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. 7a.INDICTMENT: A formal, written accusation submitted by the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

8. ARRAINGNMENT: The first appearance f the defendant before the court that has the authority to conduct a trial. The accused stands before a judge and hear the information, or indictment, against them as it is read. Defendants are again notified of their rights and are asked to enter a plea. 9. ADJUDICATION: A criminal trial may be held, or the defendant may decide to enter a guilty plea. A criminal trial involves an adversarial process that pits the prosecution against the defense. In most trials, a jury hears the evidence and decides issues of guilt or innoncence, while the judge ensures the Fairness of the proceedings.

10. SENTENCING: After the person has been convicted it is up to the judge to determine the punishment. Prior to sentencing, a sentencing hearing is sometimes held in which attorneys for both sides can present information to influence the judge’s decision. 11. CORRECTIONS: The corrections period begins following sentencing. Corrections involves a variety of sentences that can be imposed on a defendant. (Community Supervision, Community Service, Jail Time, Prison Time, Treatment Programs). 12. REENTRY: Not everyone who has been convicted of a crime goes to prison. Community Supervision (Probation) imposes requirements or restrictions upon offenders. Offenders are required to check in with a probation officer on a regular basis. After a defendant has served a portion of his prison term he may be freed on parole. Like probation, parole may come with obligations and requires the offender to check in with a parole officer.

levels of proof Absolute Certainty Beyond a Reasonable Doubt Criminal Jury Verdict Non-Suggestiveness of Identification Clear and Convincing Civil Trial Decision Preponderance Take Case to a Jury Prima Facie Arrest, Search, Indictment, Information Probable Cause Stop, Frisk, Question Reasonable Suspicion Mere Hunch No Basis for Knowledge Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Classifications of Crimes Class C Misdemeanor Fine up to $500 (ticket) Cannot be arrested Speeding or Open Container Class B Misdemeanor Up to 180 days in jail $2,000 fine Class A Misdemeanor Up to 2 years in jail $4,000 fine

Classifications of Crimes State Jail Felony (SJF): 180 days to 2 years $10,000 fine 3rd Degree: 2-10 years 2nd Degree: 2-20 years 1st Degree: 5-99 years $10,000 fine Capital: Death Life without Parole Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

“Terry Frisk” Terry v. Ohio Unusual Conduct May be armed and dangerous Protection of self and others Suspicion of crime and weapon to be used Careful pat of outer clothing Alone and no backup Emotions or behavior of suspects

Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Plain-View Doctrine Coolidge v. New Hampshire The initial intrusion must be lawful or in proper position to view the property. The discovery must be inadvertent. It must be immediately apparent that items are evidence of a crime, contraband, or subject to seizure

Exclusionary Rule CCP 38.23 No evidence shall be admitted into a criminal trial that was obtained in violation of constitutional rights Mapp v. Ohio Illegally seized evidence could be excluded from both state and federal cases

Fifth Amendment Grand jury Double jeopardy Self-incrimination Due process Just compensation for government takings

Double Jeopardy Exceptions to Double Jeopardy Convicted and asks for a new trial Convicted and the case is overturned The case results in a hung jury Can be tried at both the state and federal levels for the same crime

More On The 5th Amendment The Grand Jury indictment rule does not apply in a time of war. You cannot be tried twice for the same offense. You cannot be forced to be a witness against yourself. You cannot be arrested, convicted, or executed without due process of law. The government can seize your land but they have to pay you just compensation. This law is referred to as “Eminent Domain.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Trade & Industrial Education

Sixth Amendment Speedy and public trial Impartial jury Informed of the nature and cause of the accusation Confrontation of witnesses Compulsory process of witnesses Right to an attorney

Eighth Amendment No excessive bail No excessive fines No cruel and unusual punishment

Secure in Persons Against Unreasonable Searches and Seizures Key = “probable cause” Probable Cause – an amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime Reasonable Suspicion – certain events and/or circumstances make it appear to a normal, prudent person for them to believe that a crime has been or is about to be committed Mere Suspicion – a feeling that someone has or is about to commit a crime We could spend an entire lesson reviewing searches and seizures just of persons alone. Can a law enforcement officer, federal, state or local, stop you without reasonable suspicion, much less probable cause? The key to this amendment is “probable cause.” What is “probable cause”?... When a law enforcement officer has reason to believe that based on certain facts and evidence that would lead an ordinary prudent person to believe that a crime has been or is about to be committed. What then is “reasonable suspicion”? …When a person believes that certain events and/or circumstances make it a appear to a normal prudent person to believe that a crime has been or is about to be committed. What then is “mere suspicion”?...When a person has a feeling that someone has or is about to commit a crime. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Trade & Industrial Education

What Does that Mean to Me? Probable cause before police can initiate a search of your person, your vehicle, or apply for a search warrant A frisk is a “pat-down” search of the outer clothing for any “telltale” bulges that would lead a normal, prudent person to believe that the suspect was either unlawfully carrying a weapon or possibly drugs Search Incident to Arrest – after arrest, an officer may conduct a thorough search of the suspect without probable cause to search Thanks to Amendment IV, law enforcement officer must have probable cause before they can initiate a stop of your person or your vehicle, or apply for a search warrant. Does that mean that if a law enforcement officer has probable cause to stop me when I am walking down the street that he has the right to force me to empty my pockets or submit to a strip search? Not only no…but…NO! If an officer has probable cause to stop you when you are walking down the street, he assumes the right, given by State and Federal law, to perform a “Frisk” and to question you about the “probable cause.” Ok…but what is a frisk? A frisk is a “pat-down” search of the outer clothing for any “telltale” bulges that would lead a normal, prudent person to believe that the suspect was either unlawfully carrying a weapon or possibly drugs. If such items are discovered during the pat-down, then the officer can place the suspect under arrest based on the probable cause that weapons or drugs exist because such was discovered during the pat-down. Subsequent to the arrest the officer may then complete a thorough search of the suspect’s clothing for further contraband or weapons. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.  Trade & Industrial Education

Due Process Due process is mentioned twice in the Constitution. Fifth Amendment: “No person shall…be deprived of life, liberty or property without due process of law.” Fourteenth Amendment:“No state shall deprive any person of life, liberty or property without due process of law” Due process is required in ALL areas of the law.

Police and Society The mission of law enforcement while protecting a democratic society: To fight crime To serve and protect To promote public safety To enforce the law To provide “due process” and “equal protection” for all

Police and Society (continued) Police officers have tremendous power in our society: The power to arrest The power to mediate or to charge The power to use force The power of life and death

Police and Society (continued) Police Authority Entitlement to unquestioned obedience that derives from fulfilling a specific role The officer has power simply because he or she is a police officer Police Power Power is the means to dominate others The term “power” implies that there might be resistance to overcome

The Role of the U.S. Constitution in Police Work The United States Constitution offers protections to citizens from unreasonable intrusions in their life by law enforcement Police officials must have exceptions to violate these protections and these exceptions must be proven in court Reasonable suspicion Probable cause Warrant signed by a judge

The Role of the U.S. Constitution in Police Work (continued) Rules and laws in relation to police officials and the U.S. Constitution are defined in court cases, and their application to law enforcement is ever changing This separation of powers in the criminal justice field maintains the integrity of the system while protecting innocent people from corrupt officers

Ethics in Law Enforcement What is ethics? A code of values which guides our choices and determines the purposes and courses of our lives

Threats to Ethical Conduct Corruption Exploiting one’s position for personal gain at the expense of those one is authorized to serve Police corruption is a worldwide problem

Threats to Ethical Conduct (continued) Noble Cause Corruption Involves officers employing unethical means to catch criminals because “it’s the right thing to do” Perceived by officers as a fulfillment of their profound moral commitment to make the world a safer place to live

Threats to Ethical Conduct (continued) Graft Exploitation of one’s role by accepting bribes or protection money Excessive Force Occurs when an officer goes beyond what is necessary for arrest, or has no lawful reason to use force at all but does

Threats to Ethical Conduct (continued) Racial Profiling Stopping an individual based solely on racial characteristics

Other Ethical Issues (continued) Discretion The option to choose between two or more courses of behavior Gratuities Items of value given because of role or position, rather than because of a personal relationship

Other Ethical Issues (continued) Police Subculture An unofficial fraternity of police officers that promotes an “us versus them” mentality because they Typically form a homogenous social group Have a uniquely stressful work environment Participate in a basically closed social system

Other Ethical Issues (continued) Characteristics of Police Subculture Cynical Isolated, alienated Defensive, distrustful Authoritarian, dogmatic More conservative than the general public Value equality less than the general public Value obedience over independence

Types of Corrupt Officers Grass eaters Passively corrupt Opportunistic ethical violations Take bribes and gratuities Accept unsolicited protection money

Types of Corrupt Officers (continued) Meat eaters Actively corrupt Regular ethical violations Participate in shakedowns Rob drug dealers “Shop" at burglary scenes Engage in criminal activities

Ethical Decision-making Every decision we make should be assessed through application of the following questions: Is it legal? Is it fair to all concerned? How will the decision make me feel about myself?

Ethical Decision-making (continued) Other standards to guide a law enforcement professional’s decision making The Bell – are there warnings in your head? The Book – are there any codes being violated? (penal code, CCP, SOPs) The Candle – will the decision withstand public scrutiny?

Enhancing Public Trust (continued) Civilian Review/Complaint Model Discipline Approach An independent civilian agency audits complaints and investigations Police still investigate and conduct the discipline proceeding This can provide more transparency and trust with the department and the public