Understanding the Criminal Justice System

1
Understanding the Criminal Justice System

• CJUS 101
• Chapter 4 Criminal Justice and Procedures An
  Overview

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Procedures

• Constitution / Bill of Rights
• - fundamental to criminal procedures
• - amendments aimed at specific rights
• a. Major significance
• - restricts activities of government
• (1) Constitution
• - written in 1787
• - ratified by states in 1788
• - put into effect in 1789

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Procedures

• (2) Rationale
• - preamble / 7 articles
• - Article I congress
• - Article II executive branch
• - Article III judicial branch
• (a) Separation of powers doctrine
• (b) No one branch could usurp
• power for itself
• - 3 separate entities

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Procedures

• (3) Doctrines impact on criminal
• justice
• - laws / police / courts
• - protected from arbitrary
• abuse
• (4) Controls operations of CJS
• - Bill of Rights
• (a) Adopted to protect individual
  liberties

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Procedures

• (b) From abuse by national
• government
• b. Bill of Rights (1791)
• (1) First Amendment
• - freedom of speech (oral / written
• / symbolic)
• - freedom of the press
• - freedom of religion - freedom of
  assembly / petition

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Procedures

• (2) Second Amendment
• - well regulated militia
• - to keep and to bear arms
• (3) Third Amendment
• - quartering of soldiers
• (4) Fourth Amendment
• - right of people to be secure in
• persons / houses / papers

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Procedures

• - no warrants issued without
• probable cause
• (5) Fifth Amendment
• - no person held to answer
• - presentment / indictment of a
• grand jury
• - without due process
• (6) Sixth Amendment
• - speedy / public trial

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Procedures

• - confront witnesses
• - right to counsel
• (7) Seventh Amendment
• - civil lawsuits
• (8) Eighth Amendment
• - excessive bail / fines
• - cruel / unusual punishment
• (9) Ninth Amendment

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Procedures

• - Bill of Rights does not deny other
  rights
• (10) Tenth Amendment
• - powers reserved for the states
• (11) Fourteenth Amendment
• - nationalized Bill of Rights
• (a) Continue to add amendments
• - ratified by states (33)

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Procedures

• The process of justice
• - No person shall be . . . deprived of
• life, liberty, or property without due
• process of law.
• a. Adversarial system
• - prosecution / defense
• - innocent until proven guilty
• (1) Early history
• - trial by ordeal

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Procedures

• - inquisitorial system
• - inquiry system
• b. Constitution
• - interpreted by US Supreme Court
• - cornerstone of CJS due process
• - Bill of Rights
• (1) 1833 federal only
• - US Supreme Court

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Procedures

• (2) 1868 Nationalized
• - 14th Amendment
• (3) 1884 Hurtado vs. California
• - no indictment by grand jury
• (4) 1925 Gitlow vs. New York
• - speech not absolute right
• (5) 1927 Fisk vs. Kansas
• - freedom of speech

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Procedures

• (6) 1931 Near vs. Minnesota
• - freedom of the press
• (7) 1931 Powell vs. Alabama
• - capital offense
• - right to defense counsel
• (8) 1937 Palko vs. Connecticut
• - can be tried twice
• (9) 1937 Johnson vs. Zerbst

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Procedures

• - defense counsel
• - all federal felonies
• (10) 1947 separation of church / state
• (11) 1948 public trials for adults
• (12) 1961 Mapp vs. Ohio
• - unreasonable search / seizure
• - exclusionary rule

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Procedures

• (13) 1962 cruel/unusual punishment
• - 8th Amendment
• (14) 1963 Gideon vs. Wainwright
• - any felony right to counsel
• (15) 1964 right of self-incrimination
• - not testify against yourself
• (16) 1965 confront witnesses
• - must testify in open court

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Procedures

• (17) 1967 speedy trial
• - 60 days in custody
• - 90 days out of custody
• - 100 days at federal level
• (18) 1968 trial by jury in serious
• offenses
• (19) 1969 Benton vs. Maryland
• - double jeopardy

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Procedures

• (21) 1973 Roe vs. Wade
• - abortion rights
• (22) 1986 Bowers vs. Hardwick
• - privacy for homosexuals
• (a) State supreme courts
• - establish precedent also
• (b) Impacts that state only
• - establishes state policy

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Procedures

• c. Due process
• - substantive / procedural
• (1) Substantive due process
• - content or subject matter
• - the law must be understood
• (a) Void for vagueness rule
• (b) Adequate defense counsel

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Procedures

• (2) Procedural due process
• - notice / hearings / procedures
• (a) Followed by police
• - advice to rights / etc.
• (b) Followed by prosecutor
• - arraignment w/in 24 hours
• (c) Followed by court
• - jury selection

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Procedures

• Criminal justice process
• - from crime to punishment
• a. Crime committed
• - reported / observed
• (1) Police investigation
• - patrol / detectives
• - develop suspect
• - reasonable suspicion
• - detain / pat-down / question

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Procedures

• (2) Arrest
• - case pending
• (a) Probable cause
• - take into custody
• - search / seize
• (b) Warrant
• - issued by court
• - probable cause
• - reasonable belief

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Procedures

• (c) Citation
• - minor offenses
• (d) Felony
• - committed in presence
• - reasonable cause
• (e) Gross misdemeanor
• - committed in presence
• - reasonable cause
• - DUI / theft / marijuana /etc.

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Procedures

• (f) Misdemeanor
• - committed in presence
• - report to prosecutor
• (4) Booking
• - information / mug shot / prints
• - PR release / bail / held for court
• b. Court process
• - next court day
• - review by judge within 24 hours

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Procedures

• (1) Initial appearance
• - not guilty plea
• - attorney assigned
• (a) Appear with attorney
• - enters plea
• - set trial date
• (b) Court sets bail
• - if still in custody
• - hold without bail

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Procedures

• (2) Preliminary hearing
• - lower court
• - prosecution presents evidence
• - crime probable committed
• - bound over for trial
• (a) Washington state
• - prosecutor passes prelim
• - files directly in superior ct.
• (b) Files the information

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Procedures

• (3) Pre-trial motions (3.9 hearing)
• - motions made by attorneys
• - suppress evidence / discovery /
• change of venue / etc.
• (a) Ruled on at this time
• - cannot be brought up
• (b) Decisions by judge can be
• appealed
• - state appellate court

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Procedures

• (4) Trial
• - before judge (bench trial)
• - before jury (jury trial)
• (a) Jury selection
• - peremptory challenge
• - challenge for cause
• (b) Opening statements
• - prosecution
• - defense

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Procedures

• (c) Case presentation
• - prosecution
• - defense
• (d) Closing arguments
• - prosecution
• - defense
• - prosecution
• (e) Deliberation

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Procedures

• - jury instructions
• - verdict
• (f) Sentencing
• - prosecution
• - defense
• - community corrections
• (g) Appeals
• - to higher court
• - may be released during

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Procedures

• c. Corrections
• - state prison
• - city / county jail
• (1) Reception center
• - testing
• - assignment
• (2) Permanent facility
• - maximum / medium / minor
• - release on parole

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Procedures

• Defendants constitutional rights
• - Sixth Amendment
• - In all prosecutions, the accused shall
• enjoy the right to a speedy and public
• trial, by an impartial jury of the state
• and district wherein the crime shall
• have been committed, which district
• shall have been previously ascertained
• by law, and to be informed of the
• nature and cause of the accusation to
• be confronted with the witnesses

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Procedures

• against him to have compulsory
• process for obtaining witnesses in his
• favor, and to have the Assistance of
• Counsel for his defence.
• a. Speedy / public trial
• - continuance
• - defendant / prosecutor request
• b. Impartial jury
• - change of venue

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Procedures

• - 12 person jury not required
• - minimum size is 6
• c. Assistance of counsel
• - right to represent self (in propria
• persona)
• Special trials
• a. Competency to stand trial
• - two criteria

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Procedures

• (1) Understand nature of proceedings
• - court procedures
• - punishment
• (2) Able to assist with defense
• - communicate with attorney
• - no understanding of the law
• (a) Procedure to determine competency
• - criminal trial stops

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Procedures

• - civil proceedings
• (b) Mental health hearing held
• - competent trial resumes
• - incompetent mental hospital
• (c) Double jeopardy
• - does not apply
• (d) Proof required

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Procedures

• - preponderance of evidence
• b. Sanity trial
• - not guilty by reason of insanity
• - defendant makes decision
• (1) Legal standard
• - MNaghten Rule
• (a) Did not know nature/quality
• of the act

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Procedures

• (b) Did not know it was wrong
• (2) Guilty but mentally ill
• - mental hospital
• - prison after recovery
• c. Death penalty trial
• - special circumstances
• (1) Aggravated 1st Degree Murder
• - Washington state

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Procedures

• - multiple murders / for hire /
• killing police officer / etc.
• (2) Required to consider
• - aggravating circumstances
• - mitigating circumstances
• (a) Exceptional circumstances
• - Washington state
• (b) Verdicts

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Procedures

• - death
• - life without parole
• d. Juvenile court
• - 1960s due process / 6th Amendment
• (1) Eligibility
• - chronological age
• - date crime committed
• (2) Maximum age

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Procedures

• - state law
• - 18 years Washington state
• - 16 serious crimes
• (3) Functions
• - criminal acts
• - status offenses
• - dependent children
• - family matters
• (4) Transfer to adult court

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Procedures

• - prosecutor files
• - fitness hearing
• - held in juvenile court
• (a) Reasons for transfer
• - age
• - current offense
• - criminal history
• - family status
• - mental capacity
• - educational level

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Procedures

• (b) Arguments
• - mitigating circumstances
• (defense)
• - aggravating circumstances
• (prosecution)
• (4) Once transferred
• - all rights afforded adults
• - incarcerate in youth facility
• - transfer when reaching 18 years

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Procedures

• (5) Dependency court
• - civil proceedings
• - dependent children
• - Child Protective Services files
• Sentencing laws
• a. Indeterminate sentencing
• - maximum and minimum
• - release performance in custody

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Procedures

• b. Determinate sentence
• - specific sentence
• - shorter due to good time
• c. Definite sentence
• - fixed period
• - no parole
• d. Mandatory sentence
• - specific sentence
• - specific crime

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Procedures

• Sentencing options
• - used by the court
• a. Probation
• - no state time
• b. Work furlough
• - released to go to work
• - other time spent in jail
• c. Intermittent sentence

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Procedures

• d. Fine
• - set by law
• e. Restitution
• - pays victim
• f. Community service order
• - volunteer work in community
• g. Court costs
• - pay court fees

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Procedures

• Sentencing process
• - concurrent vs. consecutive
• a. Concurrent
• - two or more sentences served at
• same time
• - one year served counts as one year
• for all crimes convicted of
• b. Consecutive
• - serve sentence for one crime

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Procedures

• - before starting sentence for others
• c. Probation / sentencing report
• - Community Corrections
• - Washington state
• (1) File report prior to sentencing
• - judge / prosecutor / defense
• (2) Report includes
• - social history

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Procedures

• - criminal history
• - prior probation history
• - current crime
• Pleas in court
• - different pleas can be made
• a. Not guilty
• - most common plea
• - allows plea bargaining
• - reduced sentence recommendation

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Procedures

• b. Guilty
• - admits guilt
• - accepts responsibility
• c. Nolo contendere
• - guilty
• - cannot be used in civil trial
• d. Standing mute
• - will not enter plea
• - court enters not guilty

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Procedures

• e. Insanity
• - not guilty by reason of . . . .
• - mental hearing
• f. Statutory limitations
• - statute of limitations expired
• - set period of time for each crime
• g. Alford Plea (Washington state)
• - saying not guilty
• - evidence will show otherwise

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Procedures

• Presenting evidence at trial
• - foundation must be established
• a. Testimony
• - to show evidence is part of case
• - witness will testify
• - prosecution requests admittance
• b. Three criteria
• - relevant / material / competent
• - judge decides

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Procedures

• (1) Relevant
• - it is applicable to the issue in
• question
• - applies to the case
• (2) Material
• - it has a legitimate bearing on
• the case
• (3) Competent
• - legally fit for presentation in court

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Procedures

• d. Rules of evidence
• (1) Real evidence
• - physical objects
• (2) Testimonial evidence
• - sworn statements in court
• (3) Direct evidence
• - eyewitness / DNA / fingerprints

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Procedures

• (4) Circumstantial evidence
• - fact reasonably inferred
• (5) Hearsay evidence
• - that which is told to another