1 Book Cover Here Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 1 An Overview of Criminal Justice in America: The Role of Criminal Procedure in the Criminal Justice Process Criminal Justice Procedure 8 th Edition

2 Introduction The criminal justice system and its processes are presented to most Americans via television’s police and courtroom dramas. – Although the popularity of these shows seems to be timeless, most citizens will not interact with the criminal justice system during their lifetimes. For those who do encounter the criminal justice system, most will interact with the police through incidents such as routine traffic stops, or reports made to police about criminal incidents. – The primary function of criminal procedure in these encounters is to balance the protection of society with individual rights of the accused. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 1

3 Goals of Criminal Procedure Criminal procedure contains the body of laws and policies that govern citizen interactions with officials. Several goals of criminal procedure have been identified. – Criminal procedure promotes reliable fact finding that is aimed at discovering the truth. – Criminal procedure protects fairness in government/citizen interaction. – Criminal procedure respects the principles of federalism. Federalism is the separation of powers between the state and federal systems of government. – Criminal procedure helps ensure that prosecutions are timely and that results are final. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 1

4 Sources of Criminal Procedure Laws The rules governing criminal proceedings in the United States have four basic sources: constitutions, statutes, case law, and court rules. The U.S. Constitution contains the most basic and important rights available to accused persons in its first 10 amendments, known as the Bill of Rights. – 4 th Amendment- right against unreasonable search and seizure and arrest. – 5 th Amendment- right to a grand jury indictment for capital or other serious crime, right against double jeopardy and self-incrimination, prohibition against the taking of life, liberty, or property without due process of law. – 6 th Amendment- right to a speedy trial, public trial, impartial jury, to be informed of the nature and cause of the accusation, confront witnesses, summon witnesses, and to have the assistance of counsel. – 8 th Amendment- right against excessive bail and cruel and unusual punishment. – 14 th Amendment- right to due process and equal protection Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 1

5 Sources of Criminal Procedure Laws Federal and state statutes frequently cover the same rights mentioned in the U.S. Constitution but in more detail. Many laws are based on the doctrine of stare decisis, which literally means “let the decision stand” and refers to the fact that law is built through legal principles that develop as cases are decided in the courts. Case law differs from common law, which is based on the unwritten laws of England and was transplanted to America through English colonization. The supervisory power of the courts over the administration of criminal justice has resulted in rules of the courts that have been established and have the force and effect of law. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 1

6 Adversary System of Justice American criminal trials proceed under the adversary (or contest) theory of justice to arrive at the truth in a given case. – One characteristic feature of this system is intensive cross-examination of both defense and prosecution witnesses. The initial contact between a citizen and law enforcement officer is likely to occur during an arrest or investigation. – Some arrests are based upon arrest warrants signed by a judge or magistrate. The warrant is a written order directing a peace officer (frequently any officer in the state) to take a person into custody on a designated charge. – Many arrests are made without a warrant. To make a warrantless felony arrest, a law enforcement officer must have probable cause to believe that a crime has been committed and that the defendant committed it. Copyright © 2013, Elsevier Inc. All Rights Reserved

7 Adversary System of Justice Shortly after the arrest, once the suspect has been transported to the police station, the suspect will be booked. – At booking, basic information about the suspect is recorded in the arrest book. – This information includes the suspect’s name, the time of the arrest, and the criminal charge. At this point, the suspect may be fingerprinted and photographed. While an arrest warrant is necessary for an arrest, a search warrant is necessary to search for evidence of a crime. – Like arrests, searches must also be supported by probable cause. – The scope and duration of a search differ depending upon the level of certainty an officer has. – A more limited search can be based on reasonable suspicion. Copyright © 2013, Elsevier Inc. All Rights Reserved

8 Adversary System of Justice Not all arrested persons are fully prosecuted. – A suspect may be released without the filing of a formal charge. – A defendant may be released to a diversion program. Diversion characteristically involves a discretionary decision on the part of an official that there is a better way to deal with a defendant than to prosecute him. In a typical case that is proceeding to trial, the arrested person is taken before a magistrate shortly after being arrested. – The magistrate must inform the defendant of the charge against him or her, of the individual’s right to counsel, and of his or her right to have a preliminary examination. – The magistrate sets bail and can release the defendant on bail. Copyright © 2013, Elsevier Inc. All Rights Reserved

9 Adversary System of Justice If the defendant does not waive preliminary examination or hearing, the government must demonstrate probable cause to believe that an offense has been committed and that the defendant committed it. If the magistrate holds the defendant to answer in trial court, the prosecutor may proceed to the grand jury with the case. – The grand jury can decide whether to issue an indictment or to terminate prosecution (at least for the time being) of the defendant. A grand jury consists of citizens who are empanelled for a period of time to review evidence presented by the prosecution to determine if enough evidence exists in any given case to move forward to prosecution. – In states that do not require a grand jury, felony prosecutions move forward upon a prosecutor’s accusation, which is termed an “information.” Copyright © 2013, Elsevier Inc. All Rights Reserved

10 Adversary System of Justice If an indictment or information is filed against the defendant, he or she is required to appear before a judge of the court that has jurisdiction to hear and dispose of the case. – The purpose of this appearance, called an arraignment, is to apprise the defendant of the formal charge filed against him or her and to obtain his or her plea to this charge. When the defendant elects to go to trial on his or her case, special hearings are frequently held between the time of the arraignment and the trial to deal with evidentiary matters. Copyright © 2013, Elsevier Inc. All Rights Reserved

11 Adversary System of Justice Whether the adversary trial of a criminal case will be heard by a jury or a judge frequently depends upon the seriousness of the crime involved. – The United States Constitution gives every person accused of a serious criminal offense (carrying a punishment in excess of six months) the right to be tried in front of a jury. Eighty percent or more of all defendants plead guilty in criminal cases. Closing arguments mark the end of a trial, after which, in jury trials, jurors are instructed in the law via jury instructions. Copyright © 2013, Elsevier Inc. All Rights Reserved

12 Adversary System of Justice After the instructions, the jury deliberates and reaches a verdict. If the verdict is “guilty,” sentencing of the defendant is the next step in the process. While sentencing in death penalty cases falls upon the shoulders of a jury, passing sentence in other crimes is the responsibility of the presiding judge. Appeals are taken directly from a conviction in the trial court to an appellate court of the state, and such appeals must be pursued by the defendant within a specified number of days following entry of the judgment convicting him. – Habeas corpus is called a post-conviction remedy, and prisoners in state or federal penitentiaries may attack their convictions several years after the original conviction in habeas corpus proceedings. Copyright © 2013, Elsevier Inc. All Rights Reserved

13 Double Jeopardy The Fifth Amendment contains a double jeopardy clause which ensures that defendants may not be tried twice for the same offense. – After completing a trial in which a defendant wins an acquittal, he or she cannot be tried again for the same crime. – Because of the separate powers of the state and federal governments, a defendant may be tried in state court and in federal court for the same offense without violating double jeopardy. – A defendant may be tried in multiple states for the same crime (assuming jurisdiction is appropriate in each state) and held to answer in each one without violating double jeopardy. Copyright © 2013, Elsevier Inc. All Rights Reserved

14 Briefing a Case The critical components of a brief include the facts, the issue, the holding, and the rationale. – The facts of the case provide the background for understanding what happened. – The issue is the essential issue they are ruling on in the case. – The holding should capture the issue and make a statement about what the court determined about the issue. – The rationale explains why the court decided the case they way that it did. Copyright © 2013, Elsevier Inc. All Rights Reserved

15 Conclusion The study of criminal procedure contains the most fundamental of rights of citizens as they interact with the government. These laws must be followed carefully to ensure that the guilty are held accountable and the innocent are set free as soon as possible. Copyright © 2013, Elsevier Inc. All Rights Reserved