Manuel MendiolaCriminal Justice Chapter 1 Criminal Justice Process And Jurisdiction of felonies and misdemeanors

Manuel MendiolaCaprock Criminal Justice Justice…What?...Why?... What is Justice? –Fairness or moral equity. A $160 fine for no seat belt, child <14 –Is this just? Is it fair? Is this an attempt to obtain financial support for the State or County? The justice systems attempts to be fair with the punishment of the offenders.

Manuel MendiolaCaprock Criminal Justice Fair punishment? Misdemeanors –Class C: Fine only of max $500; Jurisdiction is in the Municipal Court Some serve jail time for class c, but for failure to pay the fine. –Class B: Fine up to $2000 and/or 180 days –Class A: Fine $4000 and/or 1 year jail. –Jurisdiction: Both A and B will be tried in the County Court

Manuel MendiolaCaprock Criminal Justice Felonies: Jurisdiction in the District Courts All felonies have and/or a $10,000 fine except Capital Felony; no fine State Jail Felony: 180 days to 2 years 3 rd degree: 2 to 10 years 2 nd degree: 2 to 20 years 1 st degree: 5 to 99 or life Capital Felony: death penalty.

Manuel MendiolaCaprock Criminal Justice 11 Steps Criminal event Investigation Arrest Booking First appearance Bail Preliminary Hearing/Grand Jury in Texas Indictment Arraignment Trial Sentencing

Manuel MendiolaCaprock Criminal Justice Investigation and Arrest Criminal Event –Committed in the presence of a peace officer or reported Investigation –Witnesses –Victims –Video Arrest –Enough information for the arrest. Judge signs the warrant –Miranda Warnings Booking –Finger printing –Picture –Personal info taken

Manuel MendiolaCaprock Criminal Justice Pretrial activities First appearance –Informed or charges by any judge –Miranda rights –Attorney –May be given a Bond/Bail –Guarantees appearance in court Preliminary Hearing –All information taken –When enough info… Indictment or Complaint –Complaint for a Misdemeanor –Indictment for a Felony Arraignment…

Manuel MendiolaCaprock Criminal Justice Pretrial cont… Arraignment –Happens in actual court with jurisdiction (108 th District Court of Potter County) –Attorney present with the defendant –Indictment is read the the defendant. –Defendant gets a copy –Defendant pleas guilty, not guilty, or no contest A No Contest is not the same as a guilty plea. It cannot be used later as an admission of guilt

Manuel MendiolaCaprock Criminal Justice Adjudication and Sentencing Trial –Guilty Plea goes to sentencing –Acquitted the def is released –Convicted goes to Sentencing Sentencing –A separate hearing –Information obtain for the “fair” sentence. –Witnesses may introduced by prosecutor or defense to support their case. –Prison, fine, death, probation

Manuel MendiolaCaprock Criminal Justice Two types of corrections Imprisonment –Misdemeanors in County or City jail –Felonies in Prison Parole –May be given for good conduct Probation –If completed the def is discharged –If violated the probation is revoked and the def serves an imprisonment term

Manuel MendiolaCaprock Criminal Justice One thing about sentencing, Concurrent: –Two or more sentences served at the same time. A person serving two four year sentences will get out in four years. Consecutive: –Two or more sentences served one after the other. A person serving two four year sentences will get out in eight years.

Manuel MendiolaCaprock Criminal Justice Social Control The use of sanctions and rewards within a group to influence and shape the behavior of individuals. Encompasses both civil and criminal law Do we have too many laws to control our behavior? Exercise To protect the citizens

Manuel MendiolaCaprock Criminal Justice Why protect the rights? Individual rights advocate: –Those who seek to protect personal freedoms within the justice system Public order advocates: –Those who suggest that the interests of society should take precedence over Individual Rights in criminal violations What are Individual Rights?…

Manuel MendiolaCaprock Criminal Justice Bill of Rights The first ten Amendments of the Const. Social Justice: Concerned with all aspects of civilized life Criminal Justice: Concerned with same as social justice and violations of the law. Civil Justice: The civil law, procedures and activities dealing with private law.

Manuel MendiolaCaprock Criminal Justice Compare: Public v. Private law Crime State v. Defendant Punishment include fine, jail, prison, death. Fines paid go to the state State Tort Plaintiff v. Defendant Punishment: Fine only Fines paid go to the plaintiff. Individual

Manuel MendiolaCaprock Criminal Justice Amendments 4 th Right: against illegal searches and seizure. Warrants must have probable cause. Warrant must state the name of the person and the charges 5 th : Right against self-incrimination or to remain silent, Right to due process of the law Right against double jeopardy.

Manuel MendiolaCaprock Criminal Justice Amendments, cont… 6 th Right to an attorney Right speedy trial Right to jury trial Right to obtain witnesses Right to cross examine witnesses 8 th Right against cruel and unusual punishment. Right against excessive bail Right against excessive fines

Manuel MendiolaCaprock Criminal Justice Models in the Justice System Consensus Model: assumes that the system’s subcomponents work together harmoniously to achieve justice. Conflict Model: assumes that the subcomponents function to serve their own interests. Justice is a result of this not because of cooperation. Both models work in our system.

Manuel MendiolaCaprock Criminal Justice Understanding the Grand Jury Grand Jury: a selected group of people who get together as scheduled to decide on the information in a crime. They decide to file the indictment or drop the charges against the accused. Grand jurors must qualify to vote and must be residents of the county. (18 years of age) Sessions are held in secret: attorneys, bailiffs and witnesses are the only present in hearing

Manuel MendiolaCaprock Criminal Justice Grand Jury…cont. Prosecuting attorney presents the information Defense is not allowed to cross examine at this time and may not be present Grand jury may obtain the advice of the prosecuting attorney or from the judge on matters regarding the law. The indictment is then filed when at least 9 of the 12 vote yes, Foreman signs it.

Manuel MendiolaCaprock Criminal Justice Differences Jury Trial is public and grand jury session is secret. It takes 9 grand jurors to indict and it takes all 12 trial jurors to convict a felon. Grand jury decides on indictment and the Trial Jury decides on verdict. When grand jury cannot file indictment it is called a No Bill, when trial jury cannot decide on verdict it is called a “hung jury”.

The right to an attorney: –6 th The right against self incrimination: –5 th The right against cruel/unusual punishmnt –8 th Warrants must have probable cause: –4 th The right against illegal searches/seizure: –4 th The right to due process of the law: –5 th Manuel MendiolaMcKinney North Criminal Justice

The right against excessive fines/bail: –8 th The right to cross examine witnesses: –6 th Warrants must have Probable Cause: –4 th The right to a public and speedy trial: –6 th The right against Double Jeopardy: –5 th Manuel MendiolaMcKinney North Criminal Justice