© 2006 McGraw-Hill Higher Education. All rights reserved. Chapter 11 U.S. Criminal Justice Systems

© 2006 McGraw-Hill Companies. All rights reserved. Concepts of U.S. Criminal Justice The philosophy of the adversary system –Due process v. crime control –Equal protection The reality of the adversary system –Wrongfully accused & convicted Other special characteristics of U.S. criminal justice systems –The systems effect –Discretion

© 2006 McGraw-Hill Companies. All rights reserved. The Stages of the U.S. Criminal Justice Systems Arrest Booking Initial appearance Preliminary hearing Information Grand jury indictment Arraignment Reduction of the charge Trial Sentencing Appeals & remedies Incarceration Release from the system

© 2006 McGraw-Hill Companies. All rights reserved. Selected Constitutional Rights of Defendants The USA Patriot Act The right to be free from unreasonable searches and seizures –Vehicle stops and searches –Seizure & search of the person –Search of the home

© 2006 McGraw-Hill Companies. All rights reserved. Selected Rights continued The right not to testify against oneself –No forced confessions –Miranda The right to counsel –Effective v. ineffective counsel The right to trial by jury –Fair and impartial juries Clarence Earl Gideon

© 2006 McGraw-Hill Companies. All rights reserved. Victims’ Rights Historical role of victims in the criminal justice system Payne v. Tennessee Victim compensation programs Crime Victims’ Bill of Rights? –Problems with passing a federal provision –State provisions

© 2006 McGraw-Hill Companies. All rights reserved. Defendants’ Rights v. Victims’ Rights Controversies: –Coy v. Iowa –Maryland v. Craig –Kobe Bryant