Attitudinal Survey on the CJS Is the defendant always treated fairly in a court of law? Are you more likely to be proven innocent the more money you have? Is there more or less crime in the US as there was a decade ago? Should everyone be required to serve on a jury at least once in their life? Should people be able to appeal only one time if they disagree with the outcome of their trial? Should a criminal be able to plea bargain? Does the US have the best CJS in the world?

The Adult Criminal Justice Process What is the sequence of events in the criminal justice system? Entry into the system Prosecution and pretrial services Refusal to indict Grand jury Felonies Unsolved or not arrested Released without prosecution Released without prosecution Charges dropped or dismissed Charges dropped or dismissed Reported and observed crime Information Investi- gation Initial appear- ance Prelim- inary hearing Bail or detention hearing Charges filed Arrest Crime Information Misdemeanors Prosecu- tion as a juvenile Unsuccessful diversion Diversion by law enforcement, prosecutor, or court Police juvenile unit Waived to criminal court Intake hearing Formal juvenile court processing Juvenile offenders Informal processing diversion Nonpolice referrals Released or diverted Released or diverted

The Adult Criminal Justice Process Arraignment Adjudication Corrections Sentencing and sanctions Out of system Out of system (registration, notification) Revocation Released Probation Conviction Acquitted Guilty plea Charge dismissed Reduction of charge Trial Charge dismissed Convicted Disposition Probation or other nonresidential disposition Residential placement Aftercare Jail Alternatives to incarcera- tion Prison Parole Habeas corpus Pardon and clemency Capital punishment Appeal

An offense against society Must be reported Crime An offense against society Must be reported

Investigation Police gather and examine evidence to locate a suspect

Arrest Seizure of a person- Miranda rights read Booking- an official record of an arrest; fingerprints and photograph taken

Charges Filed First court appearance Habeas corpus- a right which prevents unlimited detention by the police; they have 24 hours to take the suspect before a judge

Preliminary Arraignment Initial court appearance Judge decides at first glance of the facts whether to release suspect on bond or hold them in prison until trial Standard of proof judge uses is called prima facie

Preliminary Hearing Must be 3-10 days after the first court appearance A bail hearing usually happens

Grand Jury/Information A group of 23 citizens who determine if a person will be held for trial If there is enough evidence they will issue an indictment, an official accusation of a crime Sometimes the district attorney gather the evidence and issues an indictment- called an “information”

Arraignment Entering a plea of guilty or not guilty as to an indictment

Trial If the jury/judge finds the accused not guilty, then there is an acquittal If the jury/judge finds the accused guilty, then they are convicted

Pre-Sentence Investigation To determine the best punishment given the limits of law and the record of the convicted Sentencing Punishment given

The Funnel Effect of the Standard of Proof Figure 3.5 C3-S6 The Funnel Effect of the Standard of Proof A. Decisions to be Made, and by Whom 1. Decision to approach a person: police. 2. Stop and frisk: police. 3. Arrest: police, magistrates. 4. First appearance: magistrate. 5. Preliminary hearing: judge. 6. Indictment: grand jury. 7. Conviction: court and/or jury, defendant’s guilty plea. 8. Sentence to prison: judge. B. Legal Standard of Proof Articulate facts that crime is afoot (New York). Reasonable suspicion. Probable cause. Judicial affirmation of probable cause. Reasonable grounds to believe guilty (jacked-up probable cause). Prima facie case. Guilt beyond a reasonable doubt. Judicial discretion within limits of statute. C. Est. Probability of Guilt NA 30% 50% 55% 74% 75% 90% D. Number of Persons Processed (latest available figures) 2,733,350 (1997) 2,924,800 (1994) 911,842 (1994) Est. 419,447 (1994)

Appeal Applying for a 2nd trial because of a mistake made in the 1st trial

Jail vs. Prison Prison has a greater: # of inmates length of the sentences degree of security number of rehabilitation programs Jail or prison?

Parole being released early from prison for good behavior -no parole under federal law -If out on parole, person is on probation

Probation an alternative to prison where a person has a restricted life style (house arrest, drug testing, etc)

____ Preliminary Arraignment ____ Preliminary Hearing ____ Booking Group A ____Indictment ____Appeal ____Sentencing ____Setting of Bail ____Parole Group B ____ Grand Jury ____ Probation ____ Preliminary Arraignment ____ Preliminary Hearing ____ Booking