Introduction to the Criminal Justice System Unit 1 – Part 3 Hermitage Tech Center © 2003 Prentice-Hall, Inc.

Define Each Word What is the Criminal Justice System? © 2003 Prentice-Hall, Inc.

Criminal Justice System Crime Criminal Justice System © 2003 Prentice-Hall, Inc.

What is the definition of crime? © 2003 Prentice-Hall, Inc.

Crime My House Conduct in violation of the laws of a state, the federal government, or a local jurisdiction... BANK Vault Tunnel © 2003 Prentice-Hall, Inc.

Crime My House BANK ... for which there is no legally acceptable justification or excuse. Vault Tunnel © 2003 Prentice-Hall, Inc.

The adult, juvenile or corporation committing the crime. Criminal The adult, juvenile or corporation committing the crime. © 2003 Prentice-Hall, Inc.

What is Justice? © 2003 Prentice-Hall, Inc.

Justice principle of moral fairness; the idea of moral equity © 2003 Prentice-Hall, Inc.

Justice criminal justice civil justice social justice © 2003 Prentice-Hall, Inc.

Criminal Justice is the criminal law, the law of criminal procedure, and activities having to do with the enforcement of those laws. © 2003 Prentice-Hall, Inc.

Civil Justice Deals with fairness in relationships between citizens, government agencies, and business in private matters. © 2003 Prentice-Hall, Inc.

Social Justice An idea that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong. © 2003 Prentice-Hall, Inc.

How is social justice in question in the aftermath of Hurricane Katrina? © 2003 Prentice-Hall, Inc.

What Is a System? A group of components that are interdependent, interrelated, and interacting toward a common goal. © 2003 Prentice-Hall, Inc.

A Criminal Justice System is . . . …the entire group of government agencies that deal with crime prevention, detection, apprehension, trial, and punishment. © 2003 Prentice-Hall, Inc.

American Criminal Justice System Components law enforcement courts corrections © 2003 Prentice-Hall, Inc.

American Criminal Justice System The agencies of the criminal justice system have no legal obligation to cooperate with one another, and sometimes they don’t. © 2003 Prentice-Hall, Inc.

American Criminal Justice System Consensus Model This model assumes cooperation between all components of the system towards a common goal. © 2003 Prentice-Hall, Inc.

American Criminal Justice: The System Conflict Model All components of the criminal justice system are self-serving and compete for limited resources. © 2003 Prentice-Hall, Inc.

American Criminal Justice: System Components Courts Law Enforcement Corrections © 2003 Prentice-Hall, Inc.

Law Enforcement Role To enforce the law through activities of prevention, detection, and the investigation of crime and the apprehension of criminals. © 2003 Prentice-Hall, Inc.

Law Enforcement Role PREVENT CRIME ENFORCE LAWS MAINTAIN ORDER GATHER INFORMATION INVESTIGATE CRIMES APPREHEND CRIMINALS PROVIDE SERVICES TESTIFY IN COURT © 2003 Prentice-Hall, Inc.

Role of the Courts To fairly determine the guilt or innocence of persons who come before them. If the defendant is found guilty, to determine appropriate sentencing. © 2003 Prentice-Hall, Inc.

Role of the Courts To interpret the law and apply it to cases To deal with issues arising from the actions of the police, prosecutor, and corrections officials. © 2003 Prentice-Hall, Inc.

Role of Corrections To reinforce society’s values through use of incarceration, deterrence, and security and . . . © 2003 Prentice-Hall, Inc.

Corrections To carry out the orders of the court regarding incarceration and death. © 2003 Prentice-Hall, Inc.

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Police: Investigation and Arrest Police become aware of a violation of law. proactive law enforcement vs. reactive law enforcement © 2003 Prentice-Hall, Inc.

Types of Police Responses: Proactive: The police, usually during routine patrol, observe a suspicious situation or a crime in progress. © 2003 Prentice-Hall, Inc.

Types of Police Responses: Reactive: The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol. © 2003 Prentice-Hall, Inc.

Warrant In criminal proceedings, a writ issued by a judicial officer which directs a law enforcement officer to perform a specified act and which affords the officer protection from damage if he or she performs it. © 2003 Prentice-Hall, Inc.

Arrest Taking a person into physical custody, by authority of law, for the purpose of charging the person with a criminal offense. © 2003 Prentice-Hall, Inc.

Miranda v. Arizona (1966) Requires a law enforcement officer to give the arrestee his or her rights before questioning. The officer must state the following: © 2003 Prentice-Hall, Inc.

Miranda v. Arizona (1966) You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to an attorney and have him/her present while you are being questioned. © 2003 Prentice-Hall, Inc.

Miranda v. Arizona (1966) If you cannot afford to hire an attorney, one will be appointed to represent you. You can decide at any time to exercise these rights and not answer any questions or make any statements. © 2003 Prentice-Hall, Inc.

Miranda v. Arizona (1966) Waiver After the warnings have been given, the following questions should be asked. Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now? © 2003 Prentice-Hall, Inc.

Booking name address time and place of arrest An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: name address time and place of arrest © 2003 Prentice-Hall, Inc.

Booking Arrest charges are entered into the police log. An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: Arrest charges are entered into the police log. Fingerprints and photos can also be taken. © 2003 Prentice-Hall, Inc.

First Appearance It usually occurs within 24 hours of arrest. Charges against individual are read. Accused is advised of his/her rights. © 2003 Prentice-Hall, Inc.

First Appearance An attorney is appointed if the accused is indigent. An opportunity for bail may be provided. © 2003 Prentice-Hall, Inc.

Bail to ensure that the accused appear in court for trial © 2003 Prentice-Hall, Inc.

Preliminary Hearing: Grand Jury The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime. © 2003 Prentice-Hall, Inc.

Preliminary Hearing: Grand Jury When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment. © 2003 Prentice-Hall, Inc.

Preliminary Hearing Whether a crime was committed. A proceeding before a judicial officer in which three matters must be decided: Whether a crime was committed. Whether the crime occurred within the territorial jurisdiction of the court. © 2003 Prentice-Hall, Inc.

Preliminary Hearing A proceeding before a judicial officer in which three matters must be decided: Whether there are reasonable grounds to believe that the defendant committed the crime. © 2003 Prentice-Hall, Inc.

Arraignment It takes place after a preliminary hearing or indictment. Charges are read. © 2003 Prentice-Hall, Inc.

Arraignment An attorney is provided if the defendant has not yet retained one. The defendant is asked to enter a plea. If the plea is “not guilty,” than a trial date is set. © 2003 Prentice-Hall, Inc.

Arraignment It is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his/her rights, and the defendant is required to enter a plea. © 2003 Prentice-Hall, Inc.

Arraignment In some instances, it also means any appearance in court prior to trial in criminal proceedings. © 2003 Prentice-Hall, Inc.

Trial If the defendant enters a plea of “not guilty” at the arraignment, the proceedings will move forward to the trial phase. © 2003 Prentice-Hall, Inc.

Trial At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime. © 2003 Prentice-Hall, Inc.

Trial In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s). © 2003 Prentice-Hall, Inc.

Sentencing fine probation prison community corrections Once convicted, judge imposes punishment in the form of: fine probation prison community corrections © 2003 Prentice-Hall, Inc.

Sentencing Sentences can be served: consecutively - one after another concurrently - served at the same time © 2003 Prentice-Hall, Inc.

Corrections A component of the criminal justice system in which the offender serves the sentence imposed. © 2003 Prentice-Hall, Inc.

Corrections probation prison community corrections parole © 2003 Prentice-Hall, Inc.