Transcript The Criminal Justice System

 Types of Law
 Criminal Law
 Refers to legal measures passed by a legislative body to protect the
welfare of society and to provide punishments for those who fail to
comply.
 The gov’t prosecutes these cases
 To be convicted, you must be found guilty beyond a reasonable
doubt
 In court, it’s the “gov’t” v. “defendant”
 Civil Law
 Refers to legal matters between private parties, or private parties
and the gov’t
 For example—property issues, family law, liability issues, contracts.
 To be found guilty, the plaintiff must prove only that there is a
preponderance of evidence—more like than not that the other part
is at fault and should be held liable.
 In court, it’s “plaintiff (the one bringing the suit) v. “defendant” (the
one being sued).
 Elements of a Crime
 Crime—intentional commission of an act that violates
the law
 Two basic elements—wrongful, and carried out with
intent
 Act must have been prohibited by law before the act was
committed—remember ex post facto laws
 Remember, ignorance of the law is no defense
 Types of Crimes
 Misdemeanor
 generally less serious, punishable by fine or short jail sentence,
usually less than a year.
 Felony
 more serious crime, conviction can result in extended prison time
and even a death sentence
 Remember that circumstances help determine
misdemeanor v. felony
 E.g., shoplifting can be a misdemeanor if the dollar value is less
than a certain amount. Same for drug possession.
 Examples
 Violent crimes
 murder, assault and battery, kidnapping
 Property Crimes
 theft, burglary, shoplifting, robber, arson
 Crimes against public order
 Threats to public safety, environmental pollution
 Crimes against the gov’t
 treason, jury tampering, perjury, tax fraud, bribery of public official
 Drug Crimes
 possession, manufacture, distribution of drugs
 White-collar crimes
 counterfeiting, blackmail, fraud
 Victimless crimes
 prostitution, gambling
 Privacy crimes
 wiretapping, cyber-stalking
 Remember, circumstances help determine whether it is felony
v. misdemeanor
 Due Process Rights
 Any person suspected of committing a crime has “due process” rights—
what does that mean?
 the gov’t cannot act unfairly or unreasonably in its treatment of suspects.
 On a simple level this has always involved knowing what you’re charged with
and having your day in court
 Two types of due process
 Procedural due process
 Refers to the “how” of law enforcement: the state must have a fair and
reasonable process established if it’s going to deprive you of life, liberty, and
property.
 E.g.,—suspected drug dealer—cops break in—catch him, but he swallows
the pills—cops pump his stomach. USSC throws out case based on PDP.
 Substantive Due Process
 Relates to the substance of the law—the laws themselves passed by the gov’t
must be fair, and under an established procedure.
 E.g.,—CA passes a low requiring all kids to attend public schools—Catholics sue—
law struck down as violating SDP—unfair law.
 Due process rights are found in two places in the US Constitution: 5th
and 14th Amendments
 5th says citizens can’t be deprived of life, liberty, and property without due
process of law
 14th prohibits state and local gov’ts from taking away due process rights.
 Gathering Evidence
 The first step in an investigation is gathering evidence
that will hopefully lead to an arrest.
 Law enforcement agents collect this evidence, and then
present it to a prosecuting attorney, who decides if
there’s enough to go on.
 Two types of evidence gathered:
 Direct evidence—evidence from witnesses who saw the crime
or video/audio tape
 Circumstantial evidence—information that can be inferred
from facts.
 4th Amendment
 Of course part of evidence collection involves police searches.
 Remember that the USC protects citizens against search without a
warrant, unless there’s probable cause.
 To get a warrant police must present their reasons in front of a judge
who then issues the warrant.
 In some cases, the court has allowed blanket searches to occur
without a warrant:
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Sobriety Checkpoints
Airport searches
Student searches
Consent searches
 In other cases the court has allowed individual searches to occur
without a warrant
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During lawful arrest
When evidence in plain view
When in hot pursuit
Automobile searches
 Illegally Gathered Evidence
 If evidence is obtained illegally, it’s subject to the exclusionary
rule, which makes it inadmissible in court
 The Arrest Itself
 If the police catch a suspect at the scene of a crime, they can make a
warrantless arrest
 However, if not, police must obtain an arrest warrant from a judge
based on probable cause.
 Due Process during Arrest
 Since 1966, arrested suspects have been afforded due process rights.
 The foundation of these rights stem from the Miranda v. Arizona
case.
 Miranda rights
 Remain silent, knowing that anything you say can and will be held against
you in court
 An Attorney—if you cannot afford one, one will be provided for you
before questioning begins.
 Processing the Accused
 Once arrested, suspects are processed:
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Basic info obtained
Suspects informed of the crime they’re being charged with
Fingerprinted, photographed, and searched
Maybe stand in police line up
Personal property confiscated
Suspects entitled to a phone call
 Initial Appearance
 Within 48 hours, a suspect must have the opportunity to
appear in court—6th Amendment.
 At this hearing, suspects are reminded of their rights and the
charges against them.
 The main thing to determine is whether or not to release the
suspect from jail.
 Judges determine whether or not to set bail
 money the defendant hands over to the court as a guarantee
that he or she will return for trial.
 Some judges decide not to set bail because the defendant is a
“flight risk” or too dangerous.
 Preliminary Hearing v. Grand Jury Trial
 The next phase involves trying to determine whether or not to
have a trial
 Lesser felonies go to a preliminary hearing
 At this hearing, the prosecutor must prove probable cause and
present evidence
 Witnesses might be called to give preliminary testimony
 No jury yet.
 For more serious crimes, a grand jury might be called
 Made up of 16 to 23 jurors
 Similar to preliminary hearing in that only the prosecutor is
presenting evidence in an effort to prove there’s enough probably
cause to move on to a jury trial.
 If the GJ thinks yes, they issue an “indictment”—formal
accusation—against the suspect.
 Entering a Plea
 Assuming there’s enough evidence, the next phase
involves the arraignment—the court appearance in
which the suspect must enter a plea—guilty or not
guilty.
 Before the arraignment sometimes you’ll see plea
bargaining happening, in which the defendant agrees to
plead guilty in order to get a lesser sentence.
 If the suspect pleads guilty, then that’s it—no jury trial
necessary and we move to the sentencing phase.
 If the plea is not guilty—then it’s trial time.
 1. Jury Chosen
 2. Opening Statement
 3. Prosecution Witnesses and Cross-Examination by Defense
 Evidence Presented
 4. Defense Witnesses and Cross-Examination by Prosecution
 Evidence Presented
 5. Closing Statements
 6. Jury Deliberations
 Steps a jury will go through
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1. Chose foreman
2. Discuss all aspects of the case
3. Can request additional information from a judge if they’re uncertain
4. Work towards a unanimous verdict
5. Verdict choices
 a. Acquittal—not guilty.
 1. Once acquitted, the person is free, and can’t be tried for the same crime again—5th
Amendment protection against “double jeopardy”
 b. Guilty
 c. Hung Jury—jury couldn’t decide—judge dismisses the jurors and the prosecution
decides whether or not to try the case again.
 7. Verdict
 8. Sentencing
 1. Speedy and Public Trial
 The 6th Amendment guarantees criminal suspects the
right to a speedy and public trial.
 What’s speedy?
 The USSC has set a limit on 100 days—after this time the case
against the defendant can be dismissed
 Defendant’s can waive this 100 day limit to allow their lawyers
more time to prepare.
 Why public? Couldn’t this be embarrassing?
 To make sure the gov’t isn’t trying people unfairly, the public
must be able to witness the trials
 Another reason to keep the trial public is to benefit society—see
justice being served and the guilty punished,
 2. Judged by Jury of Peers
 Again, the 6th Amendment guarantees a jury trial—a
jury that’s fair, unbiased, and composed of peers.
 Usually 12 jurors hear a case, and much reach a
unanimous decision to convict
 Choosing the jury has become a uniquely American
process called “voir dire”
 During this process lawyers can question jurors to determine
if they have any bias and disqualify them if they do.
 3. Right to Adequate Defense
 The last of the 6th Amendment rights is the right to an
“adequate defense”—defendants must have access to
legal counsel.
 If one cannot be provided, the state will provide one for
you.
 The lawyer must provide “reasonably effective
assistance” as well—the lawyer must be competent and
try to defend you.
 4. Rules of Evidence
 Remember that the burden of proof lies with the
prosecution—they must present evidence which proves,
beyond a reasonable doubt, that the defendant is guilty.
 As part of procedural due process, rules exist for
evidence
 Evidence must be relevant to the case at hand
 Evidence must be reliable
 The judge in the case has final say in evidence
 5. Self-Incrimination
 The 5th Amendment guarantees that a defendant does
not have to testify in court against himself.
 This is a reflection of the burden of proof being on the
prosecution
 But remember, jurors often wonder why a defendant
wouldn’t tell their side of the story—looks bad!
 Sentencing Options
 After the guilty verdict, you go back to jail and await
sentencing—this is the moment the judge announces your
punishment.
 In some cases the jury will make a recommendation to the
judge about sentencing, in other cases the judge will sentence
directly.
 Either way, the American method of sentencing involves
making the punishment fit the crime.
 Three goals
 Deterrence
 Assign a harsh enough penalty to discourage others from committing
the same crime
 Rehabilitation
 Help criminals change so they can live productive lives and be less
likely to resort to crime upon release
 Incapacitation
 Remove the criminal from society—no longer a threat
 Imprisonment
 Indeterminate sentencing
 With this, the judge sentences the criminals to a variable
prison term, from minimum to maximum
 A review board will look at the case every few years to see if
you’re eligible for parole, or early release.
 Determinate sentencing
 This is a specific, set amount of time that the criminal must
serve—rules out the possibility of parole
 Under this category you’d find the death penalty too
 The SCOTUS has said that the death penalty is “cruel and
unusual” in three types of cases: insane, retarded, and
juvenile.
 Alternatives to Prison
 Suspended sentence
 Don’t have to go to jail immediately, but may have to serve
time later if you violate your parole or a are rearrested
 Probation
 No jail, but must report to probation officer and meet
conditions set down by judge
 Home confinement
 No prison, but you serve time at home and acan only leave for
preapproved reasons, such as work or school.
 A fine
 Pay a certain sum to the gov’t
 Restitution
 Pay a certain sum to the victim of the crime
 Work release
 Imprisoned, but is allowed to work in the community during
workdays.
 Appeals Process
 Conditions for Appeals
 To appeal, you must prove that the judge in the case
committed an “error of law” or that your rights were
somehow violated
 Examples for appeals include
 Jury selection flawed
 Lawyer ineffective
 Law not interpreted correctly by judge
 Judge biased
 Due process rights violated
 Brady v. MD case—cops withheld evidence.
 Only a few cases are actually reviewed in appeals courts (1 in 8),
and even fewer are overturned
1.
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3.
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6.
7.
8.
legal measures passed by a legislative body to
protect the welfare of society and to provide
punishments for those who fail to comply C.
A.
legal matters between private parties, or private
B.
parties and the gov’t B.
generally less serious, punishable by fine or
C.
short jail sentence, usually less than a year H.
D.
more serious crime, conviction can result in
G.
extended prison time and even a death sentence
E.
the gov’t cannot act unfairly or unreasonably in
its treatment of suspects D.
the state must have a fair and reasonable
F.
process established if it’s going to deprive you of
life, liberty, and property E.
the laws themselves passed by the gov’t must be G.
fair, and under an established procedure F.
H.
evidence from witnesses who saw the crime or
video/audio tape A.
REVIEW
Direct evidence
Civil Law
Criminal law
Due process
Procedural due
process
Substantive due
process
Felony
Misdemeanor
1.
2.
3.
4.
5.
6.
7.
8.
information that can be inferred from facts G.
REVIEW
Remain silent, knowing that anything you E. A. Hung Jury
say can and will be held against you in court
B. Grand Jury
money the defendant hands over to the
court as a guarantee that he or she will
C. Indeterminate
return for trial H.
sentencing
Made up of 16 to 23 jurors B.
D. Determinate
jury can’t decide A.
sentencing
Assign a harsh enough penalty to discourage
E.
others from committing the same crime F.
the judge sentences the criminals to a
F.
variable prison term C.
This is a specific, set amount of time that the G.
criminal must serve—rules out the
possibility of parole D.
Miranda v.
Arizona
Deterrence
Circumstantial
evidence
H. Bail