Transcript CRIMINAL JUSTICE SYSTEM
CRIMINAL JUSTICE SYSTEM
Learning Domain 2
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CONSTITUTIONALLY PROTECTED RIGHTS
__________: First 10 Amendments to the Constitution ratified December 1791 L/E power: 1. “power to arrest” 2. “power to use ___________________” Comes from the will and consent of the people L/E bound to protect rights & freedoms of
all
individuals 2
AMENDMENTS
FIRST AMENDMENT
Freedom of Religion Freedom of _________ Freedom of the Press Freedom of Assembly Right to petition government for a redress of grievances 3
AMENDMENTS
FOURTH AMENDMENT
Freedom from ___________ searches and seizures However, does
not
give absolute right to privacy nor prohibit all searches 4
AMENDMENTS
FIFTH AMENDMENT
Right to be told of charges at the time of arrest Freedom from being tried twice for the same crime ( against 2 nd conviction) double jeopardy -protection prosecution after acquittal or Freedom from self-incrimination _____________________________ 5
AMENDMENTS
SIXTH AMENDMENT
Right to a speedy & public trial Right to be informed of accusations against them Right to a public trial by an impartial jury Right to confront accusers/witnesses ___________________ Right to subpoena witnesses for your defense 6
AMENDMENTS
EIGHTH AMENDMENT
Freedom from excessive bail & fines Freedom from cruel & ____________ ____________ 7
AMENDMENTS
Fourteenth Amendment-1868
Right to due process before being deprived of life, liberty or __________ Can not deny __________ to any person Right to equal protection of the law 8
COMPONENTS OF THE JUSTICE SYSTEM
LAW ENFORCEMENT
JUDICIAL/COURTS
CORRECTIONS
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COMPONENTS & PRIMARY GOALS
Guarantee Due Process Prevent Crime Protection of Life and Property Apprehend Offenders Enforce The Law Dispense Equal Justice Assure _______________
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LAW ENFORCEMENT COMPONENT
OBJECTIVES Protect Life and Property _________________ Maintain order Enforce the law Arrest violators of the law Assure Victim’s rights
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LOCAL L/E POSITIONS
Municipal police Sheriff’s Depts. (coroner/marshal) School Districts Airport police Port Authority Housing police DA investigators, _______________
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STATE AGENCIES
Dept of Justice
• • •
Office of the Attorney General-Maintains law and order Division of Law Enforcement-________ ________________ POST-Establishes minimum selection and training standards for peace officers
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STATE AGENCIES
California Highway Patrol Provides for the safety of motorists on California highways
Department of Motor Vehicles Registers motor vehicles _____________________ Enforces financial responsibility laws
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FEDERAL AGENCIES
FEDERAL BUREAU of INVESTIGATIONS (FBI) Investigates crimes involving Federal Law
DRUG ENFORCEMENT ADMINSTRATION (DEA) Enforces Federal Laws & Investigates crimes involving illegal drugs & narcotics
U.S. MARSHALL SERVICE Protects the ____________ & ensures the effective operation of the Federal Judicial System
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FEDERAL AGENCIES
IMMIGRATION & NATURALIZATION SERVICE (INS)
Enforces immigration and naturalization laws
ALCOHOL, TOBACCO & FIREARMS DIVISION (ATF)
Investigates crimes involving Federal alcohol, tobacco and firearms laws.
________________
Provides protective services Investigates crimes involving counterfeiting money and checks.
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FEDERAL AGENCIES
U.S. Postal Service
Handles all aspects of mail delivery Maintains the postal inspection service
__________________
Investigates and enforces the law for specific branches of the military service 17
JUDICIAL COMPONENT
OBJECTIVES
Provide due process Render fair judgments Dispense just punishments Assure victim’s rights
POSITIONS
___________ Prosecuting & defense attorneys 18
TRIAL COURT RESPONSIBILITIES
SUPERIOR COURTS- LOWER COURTS
Have original jurisdiction in all civil cases Hear cases involving infractions, misdemeanors & felonies Conduct arraignments and preliminary hearings in all cases Handle all ______________ 19
APPELLATE COURTS-Higher Courts
DISTRICT COURTS OF APPEAL
Handles all appeals from superior courts except those where a death sentence has been assessed
STATE SUPREME COURT
Has discretionary appellate jurisdiction to cases pending or decided by lower district courts or appellate courts Resolves conflicts between courts of appeal 20
ORGANIZATION & POSITIONS
Judges-including referees, commissioners & pro-tems
Prosecuting Attorneys
Defense Attorneys
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JUDICIAL PROCESS-CRIMINAL CASES
ARREST ARRAIGNMENT RIGHT TO BAIL PRELIMINARY HEARING INDICTMENT TRIAL SENTENCING _______________ 22
CORRECTIONS
OBJECTIVES
Confine/supervise inmates at correctional facilities Rehabilitate prisoners Supervise individuals on probation and parole Assure victim’s rights
RESPONSIBILITIES
YACA-Youth & Adult Correctional Agency CDCR-BOPT (Board of Prison Terms) = 21 & older CYC-YOPB (Youthful Offender Parole Board) = ______________ Local agencies 23