Chapter Five The Criminal Justice System

Three Components of the Criminal Justice System Police Courts Corrections

Three Branches of Government Legislative – Creates Laws Executive – Enforces Laws Judicial – Determines Guilt and Punishment

Crime

Have People Changed Their Activities Due to Fear of Crime? Yes – When 15 million individuals were asked this question, 87% answered, Yes.

Crime Reduction Neighborhood watch programs were implemented to have each neighbor look for and report suspicious activities

Private Security Business In 1979, the Security Licensing Act was passed requiring training of employees. The Act also regulates the private security business

Courts Limited – Justice Court – Juvenile Court General – District Court Appellate –Will only hear cases on appeal from a lower court

U.S. Supreme Court Highest Court in the Land – Not all petitioners can have a case heard before the Supreme Court because the Court receives so many petitions

Judge Selection and Retention Merit selection of judges in Utah was developed in 1985 as an alternative to requiring judges to run in contested elections. Four steps in the Utah merit selection plan – Nomination – Appointment – Confirmation – Retention Election Under the Utah Constitution, judges must stand for retention election at the end of each term of office

Judges Terms of Office Justice Court Judges – Four years District Court Judges – Six years Court of Appeals Judges – Six years Utah Supreme Court Judges – Ten years

All judges, except Justice Court judges must be graduates of law school and a member of the Utah State Bar The biggest problem facing the courts today is excessive workload

Appeals

Justice Court Has concurrent jurisdiction over Class B, Class C misdemeanors, and Infractions Has a small claims division covering disputes under $5,000 Justice Court is not a court of record

District Court Has original jurisdiction to try all criminal felonies and class A misdemeanors Also has a small claims department which covers disputes under $5,000 Has a Drug Court that is designed as an alternative for non-violent drug offenders and provides intensive drug treatment and monitoring as opposed to traditional sentencing and incarceration

District Court continued… Handles domestic relations cases under it’s Domestic Violence Court

Pre-Trial Processing For many years it was deemed appropriate for any person accused of a crime to be placed in jail. This process, known as booking, includes identification of the arrestee, a search to ensure jail security, fingerprinting, and the taking of a picture or mug shot for law enforcement purposes Concern that an arrested person may be found not guilty after a lengthy jail stay resulted in a constitutional right to bail

Pre-Trial Processing-Bail cont… Arrested persons are allowed to post bail in order to get out of jail until the time of the trial Bail money or property is posted with the court as a promise to show up for trial Benefits of bail include: reducing cost to taxpayers, allowing the arrestee to provide for his or her family and to consult with a lawyer, concerns about employment and reputation, and reduction of jail over-crowding A bail bondsman may be used for convenience or if the defendant is unable to pay the full amount. The fee for a bondsman is usually 10%

Pre-Trial Processing continued… The most common pre-trial release program is called an Own Recognizance (O.R.) release Those who qualify for O.R. release do not have to post bail. Qualifications include sufficient ties to the community

Alternatives to being Booked in Jail Citation (ticket) arrest. Class B misdemeanor or below only Summons process. A summons to appear in court is served to the defendant by mail or constable

The Jury Traditionally made up of 12 members. Designed to consist of a defendant’s Peers It is the responsibility of the jury to decide the single issue of guilt, however, in some states the jury may be called upon to recommend a sentence for those found guilty. Issues of law are the responsibility of the judge. Jury members are paid for their service.

Jury Selection Utah uses both driver’s license and voter registration lists for potential jurors Other states use property tax lists, income tax lists, utility customer lists, and telephone directories in addition to those used by Utah

Corrections History Originally, revenge was the goal Later, reform or rehabilitation was adopted. Solitary Confinement was one method used. A prisoner was locked in a small cell alone with a bible and would be reformed by reading it’s truths

Probation Alternative to being put in jail after being found guilty. Probationer is required to follow a specific set of rules, violation of which could result in jail/prison time. Rules may include: defendant shall not leave area, shall report to probation officer, shall be truthful and follow instructions, must work and refrain from alcohol or drug use, shall not associate with known criminals, shall submit to searches, etc…

Parole A system for releasing prisoners from custody before their prison term is complete Must comply with rules or parole may be revoked Prior to returning to society, inmates are assigned to a halfway house Another pre-release program is the furlough, where a prisoner may visit home and family for a weekend or longer

Indeterminate Sentence An unfixed or unspecific sentence. The prisoner is eligible for release when rehabilitated Goodtime that is given as an incentive for good behavior and following the rules of the facility is not given under this type of sentencing

Diversion Much like probation except that it occurs before trial. A trial generally does not take place

Recidivism The rate of return of paroled or released individuals back to prison Usually based on the first year after release

Forfeiture Government seizure of property, cash, vehicles, and/or equipment derived from or used in criminal activity Two types: civil and criminal