1. Courts, Crime and Controversy
Chapter 1
Courts, Crime and Controversy
REVISED 3/29/00 Document 832gnl.ppt
Prepared by Helen McAninch, J.D. and Thomas McAninch, Ph.D.

2. Criminal Justice System
Police
Courts
Corrections
Is criminal justice an integrated system or is it a non-system of individual actors?

3. Costs of Crime Annually, local, state and federal governments spend…
146 BILLION on apprehension, conviction and punishment of criminals (BJS 2004)
Over 2 million employees in the CJ system
Every year over 14.5 million arrests are made
Every DAY, correctional people supervise 6.3 million people!

4. Court Structure FEDERAL STATE Supreme Court of the U.S.
Appellate court of last resort
Circuit Courts of Appeals
Intermediate courts of appeals
District courts
Trial courts of general jurisdiction
Magistrate Courts
Trial courts of limited jurisdiction

5. Actors in the Courthouse
Prosecutors
Defense Attorneys
Judges
Defendants
Victims
There are many other actors in the courthouse; these will be discussed in future lectures

6. Other Actors in the Courthouse
Police
Clerk of Court
Court reporter
Pre-trial Services
Bailiff
Court Administrator
Victim-witness program
Probation officer
Witness
Juror
Others

7. Steps of Criminal Procedure
Crime: any violation of the criminal law.
Arrest: the physical taking into custody of a suspected law violator.
Initial Appearance: the accused is told of the charges, bail is set, and a date for a preliminary hearing is set.
Bail: guarantee that a released defendant will appear at trial.
Preliminary Hearing: pre-trial hearing to determine if probable cause exists to hold the accused.

8. Steps of Criminal Procedure Continued
Charging: formal criminal charges against defendant stating what criminal law was violated.
Grand Jury: group of citizens who decide if persons accused of crimes should be charged (indicted).
Arraignment: the defendant is informed of the pending charges and is required to enter a plea.
Evidence: formal and informal exchange of information before trials.

9. Steps of Criminal Procedure Continued
Plea Negotiations: the defendant pleads guilty with the expectation of receiving some benefit.
Trial: a fact-finding process using the adversarial method before a judge or a jury.
Sentencing: punishment imposed on a defendant found guilty of violating the criminal law.
Appeal: review of the lower court decision by a higher court.

10. Law on the Books Constitutions Laws enacted by legislative bodies
Regulations issued by administrative agencies
Cases decided by the courts

11. Law in Action
We need to know not only what the law says (law on the books) but also how the rules are applied (law in action).
Few cases ever go to trial.
Defendants plead guilty.
Judges, prosecutors, and defense attorneys negotiate sentences.
There is a wide gap between legal theory (law on the books) and how that law is applied (law in action).

12. Crime Control Model vs Due Process Model
Emphasizes protecting society
Assembly line justice
Informal fact finding
Necessity of speed and finality
Goal: crime suppression
Due Process Model
Emphasizes protecting the rights of the individual
Obstacle course
Very formal
Slow and deliberate
Goal: protect against mistakes made by the police and prosecutor