O.P.O.T.A. BASIC ACADEMY

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Officer Richard Neil (retired)
THE CRIMINAL JUSTICE SYSTEM STRUCTURE OF THE
AMERICAN COURTS
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THE CRIMINAL JUSTICE SYSTEM DEFINED

• THE FORMAL SYSTEM ESTABLISHED BY THE U.S. FOR
  MAINTAINING SOCIAL CONTROL AND HANDLING CRIMINAL
  CONDUCT

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FUNCTIONAL PURPOSES OF THE CRIMINAL JUSTICE SYSTEM

• PROTECT CITIZENS AND PROPERTY
• PRESERVE PEACE AND MAINTAIN PUBLIC ORDER
• DETECT AND RESPOND TO CRIMINAL BEHAVIOR
• INVESTIGATE CRIME
• APPREHEND, PROSECUTE, DEFEND, CONVICT, PUNISH,
  AND REHABILITATE CRIMINALS
• PROTECT CONSTITUTIONAL RIGHTS

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WHETHER A DEFENDANT IS PROCESSED THROUGH
FED/STATE SYSTEMS IS DETERMINED BY

• WHETHER THE CRIME WAS A FEDERAL, STATE OR LOCAL
  OFFENSE
• WHETHER IT WAS COMMITTED BY AN ADULT OR JUVENILE
• WHETHER IT WAS A
  SERIOUS OFFENSE

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FOUR COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM

1. LAW ENFORCEMENT
2. PROSECUTION/DEFENSE
3. JUDICIARY
4. CORRECTIONS

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THE TITLES OF COURTS IN OHIO

• SUPREME COURT OF OHIO
• COURT OF APPEALS
• COMMON PLEAS
• COUNTY COURT
• MUNICIPAL
• COURT OF CLAIMS
• MAYORS COURT

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OHIO SUPREME COURT

• One chief justice
• Six justices
• All elected for 6 year terms
• Majority constitutes a quorum

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The Ohio Appellate Courts

• Each has 3 or more judges
• Appeals of judgment from lower courts, except
  where the death penalty has been imposed
• Cases involving constitutional issues
• Review of matters related
  to final orders or actions
  of administrative officers or
  agencies as provided by law

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FIVE MATTERS OVER WHICH THE OHIO SUPREME COURT
HAS ORIGINAL JURISDICTION

1. QUO WARRANTO
2. MANDAMUS
3. HABEAS CORPUS
4. PROHIBITION
5. PROCEDENDO

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QUO WARRANTO

• A hearing to determine by what authority someone
  has an office or franchise or liberty.
• A writ or order issuable by the State, through
  which it demands an individual to show by what
  right he or she exercises an authority that can
  only be exercised through grant or franchise
  emanating from the State.

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MANDAMUS

• A writ issued by a superior court directed to an
  inferior court, a corporation, an officer, etc.,
  commanding the performance of a specified act
  within the scope of its/his duty, or directing
  the restoration of the complainant to rights or
  privileges of which he has been illegally
  deprived.

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HABEAS CORPUS

• That you have the body
• A writ to bring a person before a court or a
  judge, most frequently used to ensure that a
  person's imprisonment, detention, or commitment
  is legal.

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PROHIBITION

• Writ issued by the Supreme Court to a judge
  presiding over a suit in an inferior court. The
  writ of prohibition mandates the inferior court
  to cease any action over the case because it may
  not fall within that inferior court's
  jurisdiction. The document is also issued at
  times when it is deemed that an inferior court is
  acting outside the normal rules and procedures in
  the examination of a case.

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PROCEDENDO

• A writ issued which directs a lower court to
  proceed in deciding a matter before it.

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Case Law
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State v. Jones, 121 Ohio St.3d 103, 2009-Ohio-316.

• Extraterritorial traffic stop A law-enforcement
  officer who personally observes a traffic
  violation while outside the officers statutory
  territorial jurisdiction has probable cause to
  make a traffic stop the stop is not unreasonable
  under the Fourth Amendment to the United States
  Constitution.

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OFFENSES ARE DIVIDED INTO 2 BROAD CLASSES

• FELONY
• MISDEMEANOR

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The Court of Common Pleas

• One court of common pleas established in each
  county of the state
• Has original jurisdiction over all justiciable
  matters
• Referred to as general jurisdiction
• This means that at local level, the court can
  initially address any matter, either civil or
  criminal
• Also referred to as the general trial court for
  those charged with any felony

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FELONIES

• A FELONY IS AN OFFENSE DEFINED BY LAW AS A FELONY

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Felonies range from F5 to F1, with a felony 5
being the least serious and a felony 1, the most
serious.Carrying from one year in prison up to
the death penalty.
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Municipal/County Court

• Rule on criminal misdemeanors
• Hold preliminary hearings for felonies
• The court has jurisdiction over civil actions up
  to 15,000
• Traffic and parking offenses
• Violations of municipal ordinances
• Trial de novo (new trial) for cases on appeal
  from a court not of record

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MISDEMEANORS

• MISDEMEANORS IS AN OFFENSE DEINED BY LAW AS A
  MISDEMEANOR

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Misdemeanors ranged from a minor misdemeanor to
an M1, with MM being the least serious and an M1,
the most serious.MM only carries a monetary
punishment. M1 can carry
up to 6 months in county jail.
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TWO PURPOSES OF FELONY SENTENCING

• TO PROTECT THE PUBLIC FROM FURTURE CRIME BY THE
  OFFENDER AND OTHERS
• PUNISH THE OFFENDER

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Mayors courts

• The mayor or an appointed mayors court
  magistrate may hear and determine cases
  involving
• a. The violation of municipal ordinances (minor
  criminal matters)
• b. Traffic laws
• c. Parking regulations
• The court is considered
  one of limited jurisdiction
  and a court not of record

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FOUR NEEDS A COURT IS REQUIRED TO CONSIDER WHEN
IMPOSING A FELONY SENTENCE

1. THE NEED FOR INCAPACITATING THE OFFENDER
2. THE NEED FOR DETERRING THE OFFENDER AND OTHERS
   FROM FUTURE CRIMES
3. THE NEED TO REHABILITATE THE
   OFFENDER
4. THE NEED FOR MAKING RESTITUTION TO
   THE VICTIM, PUBLIC OR
   PRIVATE

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A FELONY SENTENCE IMPOSED BY THE COURT MUST
SATISFY 3 REQUIREMENTS

1. IT MUST BE REASONABLY CALCULATED TO ACHIEVE THE
   CONSIDERATIONS OF THE COURT
2. IT MUST BE COMMENSURATE WITH AND NOT
   DEMEANING TO THE SERIOUSNESS OF THE OFFENDERS
   CONDUCT AND ITS IMPACT ON THE
   VICTIM

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A FELONY SENTENCE IMPOSED BY THE COURT MUST
SATISFY 3 REQUIREMENTS

1. IT MUST BE CONSISTENT WITH SENTENCES IMPOSED FOR
   SIMILAR CRIMES COMMITTED BY OTHER OFFENDERS WITH
   SIMILAR CHARACTERISTICS

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ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN
ADULT FELON THROUGH THE OHIO CRIMINAL JUSTICE
SYSTEM

1. INVESTIGATION
2. ARREST
3. BOOKING
4. INITIAL APPERANCE
5. PRELIMINARY HEARING
6. GRAND JURY

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ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN
ADULT FELON THROUGH THE OHIO CRIMINAL JUSTICE
SYSTEM

1. ARRAINGMENT
2. PRE-TRIAL MOTIONS AND HEARINGS
3. TRIAL
4. SENTENCING
5. APPEAL

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THE STATE OF OHIO RECOGNIZES 4 PLEAS

1. NOT GUILTY
2. NOT GUILTY BE REASON OF INSANITY (NGRI)
3. GUILTY
4. NO CONTEST

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SEVEN SEQUENTIAL STEPS NECESSARY FOR PROCESSING
AN ADULT MISDEMEANOR OFFENDER THROUGH THE
CRIMINAL JUSTICE SYSTEM

• INVESTIGATION
• ARRST/SUMMONS/CITATION
• INITIAL APPEARANCE
• ARRAIGNMENT
• TRIAL
• SENTENCING
• APPEAL

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NINE STAGES OF THE JUVENILE PROCESS IN SEQUENCE
ARE

1. INVESTIGATION
2. TAKING INTO CUSTODY
3. INTAKE/DETENTION
4. FORMAL COMPLAINT
5. PRE-ADJUDICATON HEARING
6. PRELIMINARY CONFERENCE
7. ADJUDICATION HEARING
8. DISPOSITION
9. APPEAL

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Others involved in Ohios Justice System

• The coroner or medical examiners office
• Legal aid offices
• Victim/witness assistance
  and advocate centers
• Crisis intervention counselors
• Battered womens shelters and service
  organizations
• Domestic violence counselors
• Rehabilitation centers (narcotics and alcohol
  treatment centers)

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Others involved in Ohios Justice System

• County mental health agencies
• Human services agencies
• County children services
• Consumer protection agencies

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Officer Richard Neil (retired)
www.OfficerNeil.com
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Miranda v. Arizona384 U.S. 436, 86 S. Ct. 1602
(1966)
The defendant was arrested at his home for a
rape and taken to the police station. While
there, the victim identified him as the rapist.
The police took the defendant to an interrogation
room, where he was questioned by two
police officers. These officers later testified
at trial that the defendant was not advised that
he had a right to have an attorney present during
his questioning. The officers also testified that
the defendant was not told that he had a right to
be free from self incrimination. The defendant
signed a statement that contained a pre-prepared
clause stating that he had full knowledge of his
legal rights. At trial, the written confession
was admitted against the defendant and he was
convicted.
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Miranda v. Arizona
ISSUE Whether the written confession given by
the defendant was obtained in violation of the
defendants Fifth Amendment right to be free from
compulsion? HELD Yes. The written confession by
the defendant was obtained in violation of the
defendants Fifth Amendment privilege against
compulsory self incrimination.
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Miranda v. Arizona

• The Court defined a custodial interrogation as
  questioning initiated by law enforcement officers
  after a person has been taken into custody or
  otherwise deprived of his freedom of action in
  any significant way
• Custodial Interrogation.
• CopsCustodyQuestioningMiranda

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Miranda v. Arizona

• However, if the individual indicates in any
  manner that he wishes to remain silent, the
  interrogation must cease. Similarly, if the
  individual states that he wants an attorney, the
  interrogation must cease until an attorney is
  present.

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Terry v. Ohio392 U.S. 1, 88 S. Ct. 1868 (1968)
Police Detective McFadden had been a police
officer for 39 years. He served 35 years of those
years as a detective and 30 of those years
walking a beat in downtown Cleveland. At
approximately 230 p.m. on October 31, 1963,
Officer McFadden was patrolling in plain clothes.
Two men, Chilton and the defendant, standing on a
corner, attracted his attention. He had never
seen the men before, and he was unable to say
precisely what first drew his eye to them.
His interest aroused, Officer McFadden watched
the two men. He saw one man leave the other and
walk past several stores.
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Terry v. Ohio
The suspect paused and looked in a store window,
then walked a short distance, turned around and
walked back toward the corner, pausing again to
look in the same store window. Then the second
suspect did the same. This was repeated
approximately a dozen times. At one point, a
third man approached the suspects, engaged them
in a brief conversation, and left. Chilton and
the defendant resumed their routine for another
10-12 minutes before leaving to meet with the
third man. Officer McFadden testified that he
suspected the men were casing a job, a stick-up,?
and that he feared they may have a gun. Officer
McFadden approached the three men, identified
himself and asked for their names. The suspects
mumbled something in response.
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Terry v. Ohio
Officer McFadden grabbed the defendant, spun him
around and patted down the outside of his
clothing. Officer McFadden felt a pistol in the
defendants left breast pocket of his overcoat,
which he retrieved. Officer McFadden then patted
down Chilton. He felt and retrieved another
handgun from his overcoat. Officer McFadden
patted down the third man, Katz, but found no
weapon. The government charged Chilton and the
defendant with carrying concealed weapons.
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Terry v. Ohio
ISSUES 1. Whether the detectives actions
amounted to a seizure? 2. Whether the detectives
actions amounted a search? HELD 1. Yes.
Detective McFadden seized the defendant when he
grabbed him. 2. Yes. Detective McFadden searched
the defendant when he put his hands on
the defendants person.
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Terry v. Ohio
The Court permitted Detective McFadden to conduct
the limited intrusions of stopping the suspects
based on articulable (reasonable) suspicion that
criminal activity was afoot. The Court also found
that Detective McFadden demonstrated reasonable
suspicion that the men were armed and
dangerous. Therefore, the Court allowed his
limited intrusion onto their persons in search of
weapons. While both standards are less than
probable cause, the Court acknowledged that
limited intrusions, based on articulated,
reasonable suspicion can be reasonable.
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Basic definitions

• Original jurisdiction - means the authority to
  hear and decide an issue first, where the issue
  can be initiated.
• Appellate jurisdiction - means the authority to
  review a decision of a lower court.
• Court of limited jurisdiction - means that the
  courts authority is restricted to specified
  issues or questions.
• Court of record - those in which a final record
  of the proceedings is made.

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• Court not of record - those in which in no
  record is made, though a docket and notes may be
  kept.
• General jurisdiction - means the court has
  authority to hear and decide all issues that come
  before it unless specifically limited by law to
  another court.
• Presiding judge - in courts having more than
  one judge, one of them may be elected to carry
  out the administrative duties and powers for the
  functioning of the court.

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