Standard SSCG22 - PowerPoint PPT Presentation
1 / 18
Title: Standard SSCG22
1
Standard SSCG22
- SSCG22 The student will demonstrate knowledge of
the criminal justice process. - Analyze the steps in the criminal justice
process. - Explain an individuals due process rights.
- Describe the steps in a criminal trial or civil
suit. - Examine the different types of sentences a
convicted person can receive.
2
Criminal Justice System
- Types of Crimes
- Petty Offenses minor crimes usually punished
with a ticket and fine (parking illegally,
littering, disturbing the peace, minor
trespassing, speeding) - Misdemeanors more serious crimes that may be
punishable by fine or imprisonment - usually up
to 1 year and up to 1000 fine (vandalism, simple
assault, writing bad checks, being drunk or
disorderly) - Felonies serious crimes punishable by lengthy
prison sentences or capital punishment - the
death penalty (burglary, kidnapping, arson, rape,
fraud, forgery, manslaughter, murder)
3
Rights of the Accused
- 5th Amendment
- Cant be forced to incriminate themselves
- Right to a grand jury (decides there is enough
evidence for trial) - Cant be tried for the same offense of law twice
(double jeopardy) - Right to due process (fair treatment)
- 6th Amendment
- must be told what crimes they have been charged
with - have the right to a speedy and public trial
- have the right to a lawyer
- have the right to question witnesses
4
Criminal Justice System
- Criminal Cases
- Investigation and arrest warrant
- Arrested and booked (charges are recorded)
- Brought before judge to be formally charged
- Grand Jury decides if enough evidence to hold a
trial - Plea Bargaining takes place in about 90 of cases
- Arraignment is held to read the formal charges
and hear the plea of the accused (guilty, not
guilty, not guilty by reason of mental defect) - Trial Begins Opening statements, witnesses and
evidence presented, jury deliberates and decision
is given to judge - Not Guilty released
- Guilty Sentencing is determined by the judge or
a sentencing trial is scheduled (eligibility for
parole can be decided in sentencing phase)
5
Sentencing
- Fines
- Probation
- A suspended sentence, which takes effect if
conditions such as probation are violated - Payment of restitution to the crime victim
- Community service
- Drug and alcohol rehab
- Incarceration in jail
- Incarceration in prison (longer-term)
- Death Penalty
- Under the Violent Crime Control and Law
Enforcement Act of 1994, the "Three Strikes"
statute (18 U.S.C. 3559(c)) provides for
mandatory life imprisonment if a convicted felon - been convicted in federal court of a "serious
violent felony" and - has two or more previous convictions in federal
or state courts, at least one of which is a
"serious violent felony." The other offense may
be a serious drug offense. - The statute goes on to define a serious violent
felony as including murder, manslaughter, sex
offenses, kidnapping, robbery, and any offense
punishable by 10 years or more which includes an
element of the use of force or involves a
significant risk of force.
6
House arrest and electronic monitoring.
- An offender sentenced to house arrest must spend
all or most of the day at home. Compliance is
enforced in some states by requiring the offender
to wear a small transmitter on the wrist or
ankle, which sends electronic signals to
monitoring units. House arrest can stand alone as
a sanction or be used with electronic monitoring.
It can also be coupled with fines, community
service, and other sanctions. Some electronic
monitoring devices can analyze an offender's
breath to see if the offender has drunk any
alcohol in violation of conditions of the
house-arrest sentence.
7
Incarceration
- Jails are short-term lock-up centers normally run
by counties and operated by county sheriffs.
Inmates housed in jails include un-convicted
defendants awaiting trial who are unable to make
bail, convicted misdemeanants, and felons serving
jail time as a result of probation violations.
Prisons are long-term penal facilities operated
by state and federal governments. Most prison
inmates are convicted felons serving sentences of
more than one year.
8
Probation
- Probation, the most frequently used criminal
sanction, is a sentence that an offender serves
in the community in lieu of incarceration.
Probationers are required to adhere to conditions
of probation, such as obeying all laws, paying
fines or restitution, reporting to a probation
officer, abstaining from drug usage, refraining
from travel out of the area where the offender
lives, and avoiding certain people (for example,
other criminals or victims) and places. If a
probationer violates any condition of probation
or commits a new crime, the judge can revoke
(take away) probation and incarcerate the
offender. Probation officers monitor offenders
and hook them up with various services in the
community. Probation officers handle such large
caseloads (on average, 118 per officer in 1994)
that they are left with limited time to track or
supervise offenders. Probation is the preferred
sentence when the crime is nonviolent, the
offender isn't dangerous, the convicted criminal
isn't a repeat offender, and/or the criminal is
willing to make restitution. Due to prison
overcrowding, judges have been forced to place
more felons on probation. A Rand Corporation
study found that 60 percent of the felons on
probation were rearrested for a new crime.
9
ISP
- Intensive supervision probation is used for
offenders needing more supervision. It allows
offenders to live in the community but under
severe restrictions. ISP offenders can be
required to meet with their probation officers as
often as five times a week, to submit to random
drug urinalysis tests, to work, to attend drug
treatment, and to be under tight surveillance.
10
Boot Camps
- Offenders sentenced to boot camps live in
military-style barracks and undergo rigorous
physical and behavioral training for three to six
months. Boot camps are generally reserved for
first-time offenders in their late teens or early
twenties. These highly regimented programs are
designed to instill discipline and hold youths
accountable for their actions. Offenders who
successfully complete the program are resentenced
to probation, avoiding confinement in prison.
Research has failed to confirm that boot camps
lower recidivism rates.
11
House Arrest/Electronic Monitoring
- An offender sentenced to house arrest must spend
all or most of the day at home. Compliance is
enforced in some states by requiring the offender
to wear a small transmitter on the wrist or
ankle, which sends electronic signals to
monitoring units. House arrest can stand alone as
a sanction or be used with electronic monitoring.
It can also be coupled with fines, community
service, and other sanctions. Some electronic
monitoring devices can analyze an offender's
breath to see if the offender has drunk any
alcohol in violation of conditions of the
house-arrest sentence.
12
Community Service
- Paying the community back for harm done, through
doing work that benefits the public, is the
essence of community service. Offenders can be
required, for example, to pick up trash in parks,
plant trees, and wash away graffiti.
13
Scarlet Letter
- "Scarlet-letter" punishments or Punishing by
shaming provides a cheap and morally satisfying
alternative to punishment. Courts have ordered
people convicted of assault or child molestation
to put signs in their yards, announcing their
crimes. Still other judges have ordered chronic
drunk drivers to put bright orange bumper
stickers on their cars, announcing their problem
and urging other drivers to report erratic
driving to the police. Critics say this form of
punishment is unlikely to succeed in changing the
behavior of repeat offenders because those people
are used to breaking society's rules anyway
14
Asset forfeiture
- Asset forfeiture consists of the government's
seizing of personal assets obtained from or used
in a criminal enterprise. For example, an
airplane may be seized if it was used in
smuggling drugs into the country. Law enforcement
usually keeps the assets.
15
Restitution
- Restitution requires an offender to pay money to
a victim, whereas a fine requires an offender to
pay money to the government. The idea behind
restitution is to make the offender pay the
victim back for economic losses caused by the
crime. The offender may, for example, be required
to pay the victim's medical bills or pay a sum of
money equal to the value of property stolen. The
biggest problem with restitution is collecting
the money. To enforce restitution orders, a judge
can attach, or garnish, an offender's assets or
wages. Another way to enforce restitution is
possible in cases in which restitution is a
condition of probation. If the offender fails to
pay restitution, a judge can revoke the probation
and incarcerate the offender.
16
Fines
- Fines are common for first-time offenders
convicted of crimes such as shoplifting, minor
drug possession, and traffic violations. In more
serious cases, judges combine fines with
incarceration or other punishments. If fines
aren't paid, offenders go to jail. Fines
discriminate against the poor. Day fines are a
creative response to this problem. They require
offenders to pay a percentage of their weekly or
monthly earnings, thus attempting to equalize the
financial impact of the sentence on the offender.
17
Civil Cases
- Civil Cases are called lawsuits
- Usually seeks damages an award of money
- Plaintiff the person who brings the complaint
- Defendant the person being sued
18
- Hire a lawyer
- File a complaint
- The plaintiff files this legal document
- Defendant receives a summons official notice of
lawsuit - Defendant files an answer a formal response to
the charges or complaint - Pretrial Discovery
- Both sides check facts, gather evidence
- Resolution without Trial (90 of civil cases)
- Settlement
- Pretrial conference aimed at a settlement
- Mediation each side explains their position
arbitrator decides - Trial
- Can be heard by judge or jury (6-12 people)
- Each side presents their case
- Judge or jury gives a verdict
Recommended
CrystalGraphics Presentations
