Introduction The Rule of Law

English Roots of American Justice System

Key elements of the medieval tithing system

Grouping together of 10 families Definition: tithing

Requirements of Tithing Obey the law

Requirements of Tithing Keep peace in their area

Requirements of Tithing Bring law violators to justice

Ten tithings formed a Hundred

Several hundreds made a Shire (Size of a county)

Shire was directed by a “Shire Reeve” or Sheriff

History and Structure of American Law

American law enforcement agencies have limited authority

Authority and Jurisdiction are determined by law

Authority and jurisdiction are determined at the federal, state & local levels….

Jurisdiction A politically defined geographic area

Jurisdiction The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons

Jurisdiction The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons

Jurisdiction Defines laws an agency is permitted to enforce Defines duties it is allowed to perform Metro City

Federal Agencies

Immigration and Naturalization Service - INS

Drug Enforcement-DEA

U.S. Marshal’s Service

United States Secret Service

Internal Revenue Service

U.S. Customs Service

Bureau of Alcohol, Tobacco and Firearms

United States Postal Service

Top 4 Federal Agencies US Customs INS IRSFBI

Substantive vs. Procedural Law

Substantive Law Defines criminal offenses and their penalties JAIL

Substantive Law Defines criminal offenses and their penalties JAIL Burglary

Procedural Law Explains how substantive laws are to be administered (due process)

The Administration of Justice

Dual Court System of the United States

United States Supreme Court Circuit Courts of Appeals District Courts

7-2:The Federal Court Structure

7-3:The Thirteen United States Circuits

State Court System State Systems vary by State

California State Court System Supreme Court of Appeal Superior

United States Supreme Court The Court of Last Resort

United States Supreme Court Rule of Four Writ of Certiorari Writ of Habeas Corpus

Dual Court System of the United States State Court SystemFederal Court System U.S. District Courts U.S Supreme Court Courts of Last ResortIntermediate Courts of Appeal Trial Courts of General Jurisdiction U.S. Courts of Appeal

Ted Rubin’s 10 Purposes of Courts 1. To “Do Justice” 2. To “ Appear to do Justice”

Ted Rubin’s 10 Purposes of Courts 3. To provide a forum to resolve disputes 4. To censure wrongdoing

Ted Rubin’s 10 Purposes of Courts 5. Incapacitate convicted criminals 6. Punish criminal offenders

Ted Rubin’s 10 Purposes of Courts 7. Rehabilitate criminal offenders 8. General deterrence of public by punishing criminal offenders

Ted Rubin’s 10 Purposes of Courts 9. Determine legal status 10. Protect citizens against arbitrary government action

Key Actors in the Court Process Judge Defense Attorney Prosecutor

Powers of the Prosecutor Conduct final screening of case Decide to charge person with crime

Powers of the Prosecutor Decide whether to prosecute or not if decide to prosecute, they determine what the charge will be

Powers of the Prosecutor No prosecution decision is nolle prosequi, or nol. pros.

Why prosecutors are the most powerful actors in the Criminal Justice process

Prosecutors Conduct the final screening of all persons arrested Decide to charge or not

Prosecutors Decide to prosecute or not Decide what the charges will be

Prosecutors Decide whether to plea bargain or not Recommend the amount of bail in many jurisdictions

Why Prosecutors don’t Charge

Offense did not cause sufficient harm Statutory punishment for a crime is too harsh for a particular offender Nolle Prosequi

Criminal charge made for the wrong reasons Law is regularly violated with impunity Nolle Prosequi

Victim may refuse to testify Humanitarian considerations for victim or offender

Accused person cooperates in the apprehension and/or conviction of other criminals Nolle Prosequi

Accused is wanted for prosecution of a more serious crime in another jurisdiction Nolle Prosequi

May be more cost effective to simply have the parole revoked and return offender to prison Nolle Prosequi

Defense Attorneys Accused has the right to “the assistance of counsel for his defense”

Judge

Determining Probable Cause Signing Warrants Responsibilities

Informing suspects of their rights Responsibilities

Setting and revoking bail Arraigning defendants Responsibilities

Accepting guilty pleas Managing courtroom and staff Responsibilities

Ensuring a jury has a chance to reach a verdict on evidence presented Responsibilities

Instructing jury on the law Imposing sentences Responsibilities

Problems of Innocent people ….

….wrongly accused of crimes

Inability to establish an alibi Being identified by witness (wrongly) Inadequate representation

Inability to establish an alibi Being identified by witness (wrongly) Inadequate representation

Amendments that apply to Criminal Justice System

no unreasonable searches or seizures th Amendment

To deter the police... Exclusionary Rule

from violating people’s fourth amendment rights Exclusionary Rule

No double jeopardy No self-incrimination th Amendment

Grand jury indictment in felony cases th Amendment

Speedy and public trial Right to counsel th Amendment

Impartial jury of state and district where crime occurred th Amendment

Notice of nature and cause of accusation th Amendment

Right to confront witnesses th Amendment

Compulsory process for obtaining favorable witnesses th Amendment

No excessive bail and fines No cruel and unusual punishment Amendment th inter

Standards of Proof Mere suspicion

Standards of Proof Reasonable suspicion

Standards of Proof Probable cause

Standards of Proof Preponderance of evidence

Standards of Proof Clear and convincing evidence

Standards of Proof Proof beyond a reasonable doubt

Standards of Proof Absolute certainty

Probable Cause For an arrest to occur need……

Probable Cause Tangible evidence that a crime has been committed

Probable Cause Belief that the person arrested committed the crime….

Probable Cause based on what a reasonable person would believe

United States Supreme Court test for determining...

….fourth amendment seizure (arrest)

“ A person has been seized within the meaning of the fourth amendment only if, in view of all the circumstances…..

…surrounding the incident, a reasonable person would have believed that he was not free to leave.” U.S. v. Mendenhall, 1980

Under Mendenhall Situations that might be construed as seizures:

Under Mendenhall Threatening presence of several officers

Under Mendenhall Display of a weapon by an officer

Under Mendenhall Some physical touching

Under Mendenhall Use of language that indicates that...

Under Mendenhall compliance with the officer’s requests is necessary

Probable cause for a legal search Specific objects are connected with criminal activity

Objects will be found in the place searched Probable cause for a

Objects will be found in the place searched Probable cause for a

Based on what a reasonable person would believe Probable cause for a

Fifth Amendment Protection against self- incrimination

Fifth Amendment Protection against self- incrimination

Fifth Amendment Right to a grand jury indictment in felony cases

Fifth Amendment Protection against double jeopardy

Miranda Warnings Required before questioning

Miranda Warnings Right to remain silent

Miranda Warnings Anything said can be used against the suspect in court

Miranda Warnings Right to the presence of an attorney

Miranda Warnings If suspect cannot afford an attorney, one will be provided

Sixth Amendment Right to a speedy and public trial

Right to an impartial jury Right to be informed about the accusation Sixth Amendment

Right to confront witnesses Sixth Amendment

Right to compulsory process for obtaining favorable witnesses

Sixth Amendment Right to legal counsel

Sixth Amendment’s right to counsel extended to “critical stages”

“Critical Stages” Arraignment Plea-bargaining process Initial appearances First appeal when applicable

“Critical Stages” Proceedings after Grand Jury indictment Post-indictment police lineups Sentencing

“Critical Stages” Juvenile court proceedings when institutional confinement is a possibility Preliminary hearings

“Critical Stages” Misdemeanor when jail may be a sentence Psychiatric examination showing dangerousness in a death penalty case

Eighth Amendment Protection against excessive bails

Eighth Amendment Protection against cruel and unusual punishment

Wrongful Convictions Eyewitness misidentification Police errors

Wrongful Convictions Prosecutor errors Guilty pleas by innocent defendants

Wrongful Convictions Community pressures False accusations

Wrongful Convictions Judicial errors, bias or neglect of duty Errors by medical examiners or forensic experts

Wrongful Convictions Errors in record keeping of criminals