2. Introduction The Rule of Law

3. English Roots of American Justice System

4. Key elements of the medieval tithing system

5. Grouping together of 10 families Definition: tithing

6. Requirements of Tithing Obey the law

7. Requirements of Tithing Keep peace in their area

8. Requirements of Tithing Bring law violators to justice

9. Ten tithings formed a Hundred

10. Several hundreds made a Shire (Size of a county)

11. Shire was directed by a “Shire Reeve” or Sheriff

12. History and Structure of American Law

13. American law enforcement agencies have limited authority

14. Authority and Jurisdiction are determined by law

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

16. Jurisdiction A politically defined geographic area

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

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

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

20. Federal Agencies

21. Immigration and Naturalization Service - INS

22. Drug Enforcement-DEA

23. U.S. Marshal’s Service

24. United States Secret Service

25. Internal Revenue Service

26. U.S. Customs Service

27. Bureau of Alcohol, Tobacco and Firearms

28. United States Postal Service

29. Top 4 Federal Agencies US Customs INS IRSFBI

31. Substantive vs. Procedural Law

32. Substantive Law Defines criminal offenses and their penalties JAIL

33. Substantive Law Defines criminal offenses and their penalties JAIL Burglary

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

35. The Administration of Justice

36. Dual Court System of the United States

37. United States Supreme Court Circuit Courts of Appeals District Courts

38. 7-2:The Federal Court Structure

39. 7-3:The Thirteen United States Circuits

40. State Court System State Systems vary by State

41. California State Court System Supreme Court of Appeal Superior

42. United States Supreme Court The Court of Last Resort

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

44. 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

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

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

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

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

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

50. Key Actors in the Court Process Judge Defense Attorney Prosecutor

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

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

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

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

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

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

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

58. Why Prosecutors don’t Charge

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

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

62. Victim may refuse to testify Humanitarian considerations for victim or offender

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

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

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

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

67. Judge

68. Determining Probable Cause Signing Warrants Responsibilities

69. Informing suspects of their rights Responsibilities

70. Setting and revoking bail Arraigning defendants Responsibilities

71. Accepting guilty pleas Managing courtroom and staff Responsibilities

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

73. Instructing jury on the law Imposing sentences Responsibilities

74. Problems of Innocent people ….

75. ….wrongly accused of crimes

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

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

78. Amendments that apply to Criminal Justice System

79. no unreasonable searches or seizures th Amendment

80. To deter the police... Exclusionary Rule

81. from violating people’s fourth amendment rights Exclusionary Rule

82. No double jeopardy No self-incrimination th Amendment

83. Grand jury indictment in felony cases th Amendment

84. Speedy and public trial Right to counsel th Amendment

85. Impartial jury of state and district where crime occurred th Amendment

86. Notice of nature and cause of accusation th Amendment

87. Right to confront witnesses th Amendment

88. Compulsory process for obtaining favorable witnesses th Amendment

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

90. Standards of Proof Mere suspicion

91. Standards of Proof Reasonable suspicion

92. Standards of Proof Probable cause

93. Standards of Proof Preponderance of evidence

94. Standards of Proof Clear and convincing evidence

95. Standards of Proof Proof beyond a reasonable doubt

96. Standards of Proof Absolute certainty

97. Probable Cause For an arrest to occur need……

98. Probable Cause Tangible evidence that a crime has been committed

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

100. Probable Cause based on what a reasonable person would believe

101. United States Supreme Court test for determining...

102. ….fourth amendment seizure (arrest)

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

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

105. Under Mendenhall Situations that might be construed as seizures:

106. Under Mendenhall Threatening presence of several officers

107. Under Mendenhall Display of a weapon by an officer

108. Under Mendenhall Some physical touching

109. Under Mendenhall Use of language that indicates that...

110. Under Mendenhall compliance with the officer’s requests is necessary

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

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

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

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

115. Fifth Amendment Protection against self- incrimination

116. Fifth Amendment Protection against self- incrimination

117. Fifth Amendment Right to a grand jury indictment in felony cases

118. Fifth Amendment Protection against double jeopardy

119. Miranda Warnings Required before questioning

120. Miranda Warnings Right to remain silent

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

122. Miranda Warnings Right to the presence of an attorney

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

124. Sixth Amendment Right to a speedy and public trial

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

126. Right to confront witnesses Sixth Amendment

127. Right to compulsory process for obtaining favorable witnesses

128. Sixth Amendment Right to legal counsel

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

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

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

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

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

134. Eighth Amendment Protection against excessive bails

135. Eighth Amendment Protection against cruel and unusual punishment

136. Wrongful Convictions Eyewitness misidentification Police errors

137. Wrongful Convictions Prosecutor errors Guilty pleas by innocent defendants

138. Wrongful Convictions Community pressures False accusations

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

140. Wrongful Convictions Errors in record keeping of criminals