The Criminal Justice System

Objectives 6.07 Compare responsibilities, jurisdictions, and methods of law enforcement agencies. 6.08 Evaluate methods used by society to address criminal and anti-social behaviors.

Types of Cases In Criminal Law, the government charges someone with a crime and is always called the prosecution. They start the legal proceedings against a defendant. The person accused of a crime is called the Defendant.

Types of Cases Continued A crime is an act that breaks a federal or state criminal law and harms society or people. Crimes are defined in each state’s written laws. Penal codes establish classifications or seriousness of crimes. They also spell out penalities for crimes.

Felonies and Misdemeanors Recall from last week we talked about Felonies and Misdemeanors Felonies are Serious Crimes with serious consequences. Misdemeanors are lesser crimes that involve lighter sentences such as fines or a jail sentence of less than one year.

Penalties Criminal Penalties depend on the severity of the crime. Criminal Penalties serve different functions Provide Punishment so that a criminal pays for his actions against a person or society. Help protect society by keeping criminals confined in prison.

Penalties Continued They serve as deterrents for would-be criminals They also prepare law breakers for reentering society after their term in prison has ended. Prisoners can get: Job Training Education Counseling Life Skills training

Criminal Penalties Some prisoners are eligible for parole after serving part of their sentences. They face a parole board which decides to ether grant or deny a prisoner an early release from jail. If they are release from jail they are assigned and must report to a parole officer.

The Death Penalty Do you think the Death Penalty is a reasonable punishment for those who commit murder? Why or why not?

Food For Thought What are some criticisms that people may have about the Parole System?

The Steps in a Criminal Case Officers make arrests based on if they have witness or suspected a crime. They can also make arrests if: A citizen has reported a crime Or if a judge has issued an arrest warrant. Once you are arrested you are given your Miranda Warning. (This came about because of the Miranda v. Arizona case in 1966)

The Miranda Warning The Miranda Warning is given to a suspect upon his or her arrest. You have the right to remain silent. Any statement can be used against you in court The right to have an attorney present during any questioning. The right to an attorney if you can not afford one. The Right to stop answering questions at any time.

After the arrest…. You are taken to a local police station and booked. During booking you are: Fingerprinted Photographed You may call a lawyer during this time.

Hearing You are summoned to a preliminary hearing. At the hearing you appear before a judge You hear the charges against you. You may be sent back to Jail or you may post bail. After the judge has set it. Note you may be released on your own recognizance and you must appear in court when called.

Indictments During this process a grand jury will hear evidence and decides whether or not to formally charge you with a crime.

Arraignments During arraignments you are formally presented with the charges and you enter a plea or guilty or not guilty. If you enter a guilty plea a judge will determine the punishment. If you enter not-guilty the case continues. You can plead no contest. If you plead no –contest you do not fight the prosecutions case and you are treated as if you entered a guilty plea.

Plea Bargains A plea bargain is an agreement in which the accused person agrees to plead guilty but to a lesser charge. A plea bargain avoids a lengthy trial and it ensures that the person will be punished for their crime.

Trials Trials can be held with a jury in the courtroom or without a jury. In a trial with a jury, jury members are selected from a pool of names within the courts jurisdiction. Both the defense and the prosecution select jurors who are impartial and do not favor a particular side.

Trials Once the jury is seated, the lawyers make opening statements in the case in which they outline the case that they will present. Each side will then call witnesses who swear that the answers or the testimony they give is nothing but the truth. During the trial, each side is allowed to cross-examine the witness.

Trials After all the testimony is heard, the prosecution and the defense both make closing statements highlighting the testimony and evidence heard in court. The judge then instructs the jury on deliberation procedures.

The Verdict The verdict is the last part of a trial. The jury usually chooses a foreperson to lead the discussion. During jury deliberation the jury looks over the evidence and the arguments made by both sides. Then they take a vote on guilty or not guilty. The vote has to be unanimous

The Verdict If the jury finds the defendant not-guilty then the defendant is acquitted of the crime and let go. However, if the verdict reaches a guilty verdict, then the sentencing phase begins. Usually the judge sentences criminals but the jury can recommend a sentence. ( I.e. State of California v. Peterson)

Your Assignment Section 2 Assessment Answer questions 2-4 on page 373. In your notebooks