1. The
Criminal Justice
System

2. What is it?
The system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses.

3. There are basically seven steps in the process.

4. Step #1:
The Crime!

5. What do we mean by “crime?”
- The intentional commission of an act that violates the law.
- Must do harm to other individuals or to society.
- Must be carried out with intent.

6. Two basic types of crime:
1. Felony
- Very serious crime (Murder, Rape, Armed Assault, Grand theft, etc…)
- Usually punishable by more than one year in jail
- Can result in a sentence of death (capital crime)

7. 2. Misdemeanor
- Usually less serious in nature (Shoplifting, Disturbing the Peace, Speeding, etc…)
- Usually punishable by fine, or less than one year in jail.

8. Step #2:
The
Investigation

9. When the police learn of a crime the first thing they usually do is gather evidence:
- Talk to witnesses
- Literally gather physical evidence

10. There are two types of evidence:
1. Direct Evidence
- Information provided either by a witness who saw the crime occur, or by a video or audio recording of the crime.

11. 2. Circumstantial Evidence
- Information that can be inferred from other facts.
- A suspect’s fingerprints are found on the steering wheel of a car, police can infer that the suspect was in that car at some point.

12. The police are limited in gathering evidence from suspects themselves by the 4th Amendment.
“The right of the people to be secure in their person’s, houses, papers and effects, against unreasonable searches and seizures shall not be violated…but upon probable cause.”

13. However, the Supreme Court has ruled that there are some exceptions
However, the Supreme Court has ruled that there are some exceptions. Police ARE allowed to search without a warrant under the following:

14. 1. During a lawful arrest.

15. 2. During a “stop and frisk.”
The Supreme Court has ruled that a law enforcement officer may briefly detain a person upon reasonable suspicion of involvement in a crime and may “pat them down” in a search for weapons.

16. 3. “Plain feel” doctrine
- This expands on the “stop and frisk.”
- If, during the pat down for weapons, an officer believes they “feel” other illegal items beneath a suspect’s clothes, the officer may seize that item.

17. 4. “Evanescent” Evidence
Police can obtain evidence that is “likely to disappear.”
- Blood samples that contain alcohol
- Drugs that can be flushed
- s or texts that can be deleted

18. 5. When the evidence is in “plain view”
Police may take items if they are clearly visible and the officer is legally entitled to be in that location.

19. 6. If the suspect consents.

20. 7. Automobile Searches
The Court has ruled that because a car is mobile, and can be moved or hidden prior to the police obtaining a warrant, cars may be searched if the police have probable cause.

21. Evidence in the case is then handed over to a government prosecutor.
This government prosecutor, a lawyer, then decides whether a suspect should be arrested and charged with a crime.

22. Step #3:
The Arrest

23. There are two types of arrests:
- A judge issues an arrest warrant after examining evidence in the case.
- Warrantless Arrest: Officers find a likely suspect at the scene of a crime and arrest that person immediately.

24. From the moment a suspect is placed in handcuffs until the time the suspect is jailed, police officers must follow a specific set of steps to ensure that the suspect’s rights are protected.

25. The police must inform a suspect of those rights at the time of arrest:
- Right to remain silent.
- Anything you say can be used in court.
- Right to an attorney
- If you cannot afford an attorney, one will be appointed for you.
- These are known as “Miranda” rights

26. Any information or evidence offered by a suspect before their rights have been made clear to them cannot be used in court.

27. However, police can question a subject before explaining a suspect’s rights if they believe public safety is at risk.

28. After a suspect has been arrested they are taken to jail and “booked.”
- Basic personal information is recorded.
- They are informed of the charges against them.
- They are photographed and fingerprinted.
- They have the right to make a phone call.
- They are placed in a cell to await the next step in the process.
After a suspect has been arrested they are taken to jail and “booked.”

29. Step #4:
Pre-trial
Activity

30. The Bill of Rights guarantees the right to a speedy trial, so within 48 hours of arrest, suspects must have the opportunity to appear in court.

31. - They are reminded of their rights.
A couple of things happen during this first court appearance:
- They are reminded of their rights.
- They are reminded they can have an attorney present, even if they cannot afford one.
- They are reminded of the charges against them.
- A judge decided whether the defendant should be released from jail while they await trial and under what conditions.

32. Suspects involved in misdemeanor crimes also enter a plea of guilty or not guilty during this first court appearance.
Suspects involved in felony cases will do so during a later court appearance.

33. The next step in a felony case is the “preliminary hearing.”
- The prosecution, the lawyers for the government, must convince a judge that there is probable cause that a crime was committed and that the suspect committed it.

34. Assuming that the judge agrees that there is enough evidence linking the suspect to a crime, the next step in the process is arraignment.

35. At this point, suspects in felony cases must enter a plea.
- If the plea is guilty, the judge sets a date for sentencing.
- If the plea is not guilty, the judge sets a date to being a formal trial.

36. A third option is to reach a “plea bargain.”
Plea Bargain: An agreement in which the defendant (suspect) pleads guilty for a lighter sentence, or to a lesser crime.

37. Step #5:
The Trial

38. The Constitution and the 6th Amendment guarantee the right to a trial by jury. The jury must be:
- Unbiased
- Impartial
- Made up of members of the local community.

39. - Any registered voter over 21 can be selected.
A potential juror receives notice through the mail that he or she has been chosen for jury duty and it is his or her responsibility to accept and appear for selection.
- Any registered voter over 21 can be selected.
- If they are workers, employers have to excuse them from their work.

40. All of those called to serve appear in court and are then selected for jury duty through a process called “voir dire.”

41. Voir Dire:
- Lawyers from both the prosecution and defense question potential jurors.
- They want to try and find out any potential biases or viewpoints that might influence their decisions in the case.
- This process whittles down the juror pool until a jury of usually 12 is “seated.”

42. At a trial, the jury listens to both the defense and the prosecution.
- The burden of proof is on the prosecution.
- It’s the government’s job to prove the defendant is guilty “beyond a reasonable doubt.”

43. The jury hears the testimony of witnesses and the arguments of lawyers on both sides of the case.
Because they are not legal experts, the judge presiding over the case gives them directions to follow to help them make a decision.

44. - Go into the “jury room” to talk about the case.
After the prosecution and defense have presented their final arguments, the case is then handed to the jury.
- Go into the “jury room” to talk about the case.
- They elect the jury foreman to act as the chairperson and spokesman.
- Discuss the case and then vote.

45. Eventually, one of three things happens:
All twelve members must be in agreement for a verdict to be given in a criminal case.
If they don’t all agree, they continue to talk and debate, trying to get all 12 members on the same page.
Eventually, one of three things happens:

46. 1. The vote to find the defendant “not guilty.”
- Following an acquittal, the suspect leaves the courtroom a free person.
- The trial is officially over.
- The suspect can NEVER be tried for that same exact crime again.

47. 2. They vote to find the defendant guilty.
- The defendant is immediately taken into custody to await punishment.

48. 3. They can’t get all 12 jurors to agree.
- This is called a “hung jury.”
- The trial is over, and the jury is dismissed.
- The prosecution has the option of trying the case again with a different jury.

49. Step #6:
Sentencing

50. After a defendant is found guilty, it is usually up to the judge in the case to hand down punishment.
Indeterminate Sentencing:
- Judge assigns a variable term ranging from a minimum to a maximum sentence.
- Review board re-examines the case to decide whether the inmate should be eligible for parole.

51. Determinate Sentencing:
- The Judge sets a specific amount of time that the criminal MUST serve.
There are other options:
- Suspended sentence
- Probation
- Home confinement

52. In cases involving murder, the jury in the trial might be required to determine if the defendant should be put to death.

53. Step #7:
Incarceration

54. Prison sucks!

55. Fin.