1. CJA/204: Introduction to Criminal Justice
Week 1 Presentation

2. Governmental Structure

3. Branches of Government
Three Branches of Government (Federal, State, Local)
Judicial Branch (Federal Court, Superior Court, Municipal Court)
Legislative Branch (Federal/State House & Senate, City Council)
Executive (President, Governor, Mayor)

4. The Interplay Between the Branches
Of course (simplistic version):
Executive branch enforces laws
Legislative branch writes laws
Judicial branch interprets laws
This is true of all laws, whether they are criminal or not.
What other types of laws are there?
Criminal law: each branch plays a more specific role

5. Role of Branches: Criminal Law
Executive
Enforces the law through law enforcement agency and prosecutor. Could be federal (i.e. FBI/DEA etc. & United States Attorney’s Office) state (DPS & County Attorney’s Office) or local (city police department & city prosecutor)
Legislative
Responsible for writing the criminal laws. Essentially they say what is legal and what is not.
How has this changed over time? Recently?
Judicial
Determine constitutionality of laws, interpret laws, and hear all trials and criminal proceedings. They are the last stop for ensuring the rights of those charged.

6. Judicial Branch
The judicial branch plays unique role in determining what is, and is not, required by the constitution when it comes to crime. This plays out at the state level (where over 90% of all crimes are prosecuted) and at the federal level…United States Supreme Court, however, has the ability to essentially force the states to provide guarantees the find in the Bill of Rights. This is a recent phenomenon.

7. What the Court has not guaranteed to criminal defendants
What are some famous rights the Supreme Court has found are required by the bill of rights for criminal defendants?
Right to indictment by grand jury
Right to an attorney at bail hearing
Right to a jury “of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.”
Protection against excessive fines

8. What the Court has not guaranteed to criminal defendants
Right to avoid cruel & unusual punishment HAS been guaranteed, however…
Almost impossible to challenge a prison sentence as being cruel and unusual
Supreme Court has upheld:
life sentence for fraud crimes totaling $230.00, repetitive offender (Rummel v. Estelle)
life sentence without the possibility of parole for possession of 23.7 ounces of cocaine, first time offender (Harmelin v. Michigan)
50 years to life for shoplifting videotapes worth approximately $150, repetitive offender (Lockyer v. Andrade)
25 years to life for shoplifting $1197 worth of golf clubs, repetitive offender (Ewing v. California)

9. Death Penalty
In a series of decisions in the last 11 years the Supreme Court has limited the death penalty’s use. It is only allowed if:
The crime was first-degree murder or felony murder.
The person was over the age of 18 when the murder occurred.
The person is not mentally challenged.
Method: Although many methods have been ruled constitutional, all states and the federal government now use lethal injection
There is much discussion about the use of lethal injection recently. Why?
Regardless of method, the court has never said one is entitled to a pan-free execution
NOTE: Although death penalty is legal for treason, drug-trafficking, and espionage the Court has not ruled on their constitutionality because no one has received such a sentence for those crimes (recently)

10. Judicial Branch and its Unique Role
Assume that your sit on the Supreme Court. Based upon the crime-control model and the due process model, which of these penalties should be allowable?
Death penalty for juveniles
Life-Sentence without possibility of parole for juveniles who’ve committed murder. Crimes other than murder.
$500, fine for not reporting $10, of income to IRS.
What about death penalty for non-death crimes, theft, rape, or drug use.

11. The Criminal Justice Process

12. Step One: The Investigation and Arrest
This process is necessary regardless if the crime is complex, such as murder, or simple, such as misdemeanor disorderly conduct and every crime in between.
Sometimes a warrant is required to search and find clues.
An Arrest not a requirement for someone to be charged in a crime.
Why?

13. Requirements for a Warrant
Things to consider about warrants
When is a warrant required in the investigation?
Where in the Constitution does it state that a warrant is required?
What is required in the actual warrant? Process to obtain it?
Consider the concept of unreasonable versus reasonable. What factors should determine whether a search is reasonable? Why?

14. Step Two: Pretrial Process in Arizona
Every state is different. Supreme Court has held certain things are required such as bail determination, and others are not including a grand jury indictment.
The Supreme Court has ruled that defendants have no right to an attorney at bail hearing, although many states have their own requirement.
Arizona does not provide for free attorney at bail hearing.

15. Step Two: Pretrial Process in Arizona, Cont’d
The Steps Include:
Bail Determination if Arrested and Held in Custody
Filing of Direct Complaint or Indictment
You need to know the difference.
Initial Appearance (AKA Arraignment)
Preliminary Hearing to determine a trial is necessary.
Plea Negotiations and/or Trial.
If Guilty Plea or Guilty Verdict, Sentencing.

16. Plea Agreements
“Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas.” Missouri v. Frye, United States Supreme Court (2011) Why do you think this is the case? Do these numbers seem large?