11

CRIMINAL JUSTICE CRIMINAL JUSTICE SYSTEMSYSTEM

Learning Domain 2Learning Domain 2

22

CONSTITUTIONALLY CONSTITUTIONALLY PROTECTED RIGHTSPROTECTED RIGHTS

__________: First 10 Amendments to the __________: First 10 Amendments to the Constitution ratified December 1791Constitution ratified December 1791

L/E power: L/E power: 1. “power to arrest” 1. “power to arrest” 2. “power to use ___________________”2. “power to use ___________________”

Comes from the will and consent of the Comes from the will and consent of the peoplepeople

L/E bound to protect rights & freedoms L/E bound to protect rights & freedoms ofof all all individualsindividuals

33

AMENDMENTSAMENDMENTS

FIRST AMENDMENTFIRST AMENDMENT Freedom of ReligionFreedom of Religion Freedom of _________Freedom of _________ Freedom of the PressFreedom of the Press Freedom of AssemblyFreedom of Assembly Right to petition government for a Right to petition government for a

redress of grievancesredress of grievances

44

AMENDMENTSAMENDMENTS

FOURTH AMENDMENTFOURTH AMENDMENT Freedom from ___________ searches Freedom from ___________ searches

and seizuresand seizures However, does However, does notnot give absolute give absolute

right to privacy nor prohibit all right to privacy nor prohibit all searchessearches

55

AMENDMENTSAMENDMENTS FIFTH AMENDMENTFIFTH AMENDMENT Right to be told of charges at the Right to be told of charges at the

time of arresttime of arrest Freedom from being tried twice for Freedom from being tried twice for

the same crime (the same crime (double jeopardydouble jeopardy--protection against 2protection against 2ndnd prosecution prosecution after acquittal or conviction)after acquittal or conviction)

Freedom from self-incriminationFreedom from self-incrimination __________________________________________________________

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AMENDMENTSAMENDMENTS

SIXTH AMENDMENTSIXTH AMENDMENT Right to a speedy & public trialRight to a speedy & public trial Right to be informed of accusations against Right to be informed of accusations against

themthem Right to a public trial by an impartial juryRight to a public trial by an impartial jury Right to confront accusers/witnessesRight to confront accusers/witnesses ___________________ ___________________ Right to subpoena witnesses for your Right to subpoena witnesses for your

defensedefense

77

AMENDMENTSAMENDMENTS

EIGHTH AMENDMENTEIGHTH AMENDMENT Freedom from excessive bail & finesFreedom from excessive bail & fines Freedom from cruel & ____________ Freedom from cruel & ____________

________________________

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AMENDMENTSAMENDMENTS

Fourteenth Amendment-1868Fourteenth Amendment-1868

Right to due process before being Right to due process before being deprived of life, liberty or __________deprived of life, liberty or __________

Can not deny Can not deny ____________________ to any to any personperson

Right to equal protection of the lawRight to equal protection of the law

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COMPONENTS OF THE COMPONENTS OF THE JUSTICE SYSTEMJUSTICE SYSTEM

LAW ENFORCEMENTLAW ENFORCEMENT

JUDICIAL/COURTSJUDICIAL/COURTS

CORRECTIONS CORRECTIONS

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COMPONENTS & PRIMARY COMPONENTS & PRIMARY GOALSGOALS

Guarantee Due ProcessGuarantee Due Process Prevent CrimePrevent Crime Protection of Life and PropertyProtection of Life and Property Apprehend OffendersApprehend Offenders Enforce The LawEnforce The Law Dispense Equal JusticeDispense Equal Justice Assure _______________Assure _______________

1111

LAW ENFORCEMENT LAW ENFORCEMENT COMPONENTCOMPONENT

OBJECTIVESOBJECTIVES Protect Life and PropertyProtect Life and Property __________________________________ Maintain orderMaintain order Enforce the lawEnforce the law Arrest violators of the lawArrest violators of the law Assure Victim’s rightsAssure Victim’s rights

1212

LOCAL L/E POSITIONSLOCAL L/E POSITIONS

Municipal policeMunicipal police Sheriff’s Depts. (coroner/marshal)Sheriff’s Depts. (coroner/marshal) School DistrictsSchool Districts Airport policeAirport police Port AuthorityPort Authority Housing police Housing police DA investigators, _______________DA investigators, _______________

1313

STATE AGENCIESSTATE AGENCIES

Dept of JusticeDept of Justice• Office of the Attorney General-Office of the Attorney General-

Maintains law and orderMaintains law and order• Division of Law Enforcement-________ Division of Law Enforcement-________

________________________________• POST-Establishes minimum POST-Establishes minimum

selection and training standards for selection and training standards for peace officerspeace officers

1414

STATE AGENCIESSTATE AGENCIES

California Highway PatrolCalifornia Highway Patrol Provides for the safety of motorists Provides for the safety of motorists

on California highwayson California highways

Department of Motor VehiclesDepartment of Motor Vehicles Registers motor vehiclesRegisters motor vehicles __________________________________________ Enforces financial responsibility lawsEnforces financial responsibility laws

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FEDERAL AGENCIESFEDERAL AGENCIES FEDERAL BUREAU of INVESTIGATIONS (FBI)FEDERAL BUREAU of INVESTIGATIONS (FBI) Investigates crimes involving Federal LawInvestigates crimes involving Federal Law

DRUG ENFORCEMENT ADMINSTRATION (DEA)DRUG ENFORCEMENT ADMINSTRATION (DEA) Enforces Federal Laws & Investigates crimes Enforces Federal Laws & Investigates crimes

involving illegal drugs & narcoticsinvolving illegal drugs & narcotics

U.S. MARSHALL SERVICEU.S. MARSHALL SERVICE Protects the ____________ & ensures the Protects the ____________ & ensures the

effective operation of the Federal Judicial effective operation of the Federal Judicial SystemSystem

1616

FEDERAL AGENCIESFEDERAL AGENCIES

IMMIGRATION & NATURALIZATION IMMIGRATION & NATURALIZATION SERVICE (INS)SERVICE (INS)

Enforces immigration and naturalization lawsEnforces immigration and naturalization laws ALCOHOL, TOBACCO & FIREARMS ALCOHOL, TOBACCO & FIREARMS

DIVISION (ATF)DIVISION (ATF) Investigates crimes involving Federal alcohol, Investigates crimes involving Federal alcohol,

tobacco and firearms laws.tobacco and firearms laws. ________________________________ Provides protective servicesProvides protective services Investigates crimes involving counterfeiting Investigates crimes involving counterfeiting

money and checks.money and checks.

1717

FEDERAL AGENCIESFEDERAL AGENCIES

U.S. Postal ServiceU.S. Postal Service Handles all aspects of mail deliveryHandles all aspects of mail delivery Maintains the postal inspection serviceMaintains the postal inspection service

____________________________________ Investigates and enforces the law for Investigates and enforces the law for

specific branches of the military servicespecific branches of the military service

1818

JUDICIAL COMPONENTJUDICIAL COMPONENT

OBJECTIVESOBJECTIVES Provide due processProvide due process Render fair judgmentsRender fair judgments Dispense just punishmentsDispense just punishments Assure victim’s rightsAssure victim’s rights POSITIONSPOSITIONS ______________________ Prosecuting & defense attorneysProsecuting & defense attorneys

1919

TRIAL COURT TRIAL COURT RESPONSIBILITIESRESPONSIBILITIES

SUPERIOR COURTS- LOWER COURTSSUPERIOR COURTS- LOWER COURTS Have original jurisdiction in all civil casesHave original jurisdiction in all civil cases Hear cases involving infractions, Hear cases involving infractions,

misdemeanors & feloniesmisdemeanors & felonies Conduct arraignments and preliminary Conduct arraignments and preliminary

hearings in all caseshearings in all cases Handle all ______________Handle all ______________

2020

APPELLATE COURTS-APPELLATE COURTS-Higher CourtsHigher Courts

DISTRICT COURTS OF APPEALDISTRICT COURTS OF APPEAL Handles all appeals from superior courts Handles all appeals from superior courts

except those where a death sentence has except those where a death sentence has been assessedbeen assessed

STATE SUPREME COURTSTATE SUPREME COURT Has discretionary appellate jurisdiction to Has discretionary appellate jurisdiction to

cases pending or decided by lower district cases pending or decided by lower district courts or appellate courtscourts or appellate courts

Resolves conflicts between courts of appealResolves conflicts between courts of appeal

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ORGANIZATION & ORGANIZATION & POSITIONSPOSITIONS

JudgesJudges-including referees, -including referees, commissioners & pro-temscommissioners & pro-tems

Prosecuting AttorneysProsecuting Attorneys

Defense AttorneysDefense Attorneys

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JUDICIAL PROCESS-JUDICIAL PROCESS-CRIMINAL CASESCRIMINAL CASES

ARRESTARREST ARRAIGNMENTARRAIGNMENT RIGHT TO BAILRIGHT TO BAIL PRELIMINARY HEARINGPRELIMINARY HEARING INDICTMENTINDICTMENT TRIALTRIAL SENTENCINGSENTENCING ______________________________

2323

CORRECTIONSCORRECTIONS OBJECTIVESOBJECTIVES Confine/supervise inmates at correctional Confine/supervise inmates at correctional

facilitiesfacilities Rehabilitate prisonersRehabilitate prisoners Supervise individuals on probation and paroleSupervise individuals on probation and parole Assure victim’s rightsAssure victim’s rights RESPONSIBILITIESRESPONSIBILITIES YACA-Youth & Adult Correctional AgencyYACA-Youth & Adult Correctional Agency CDCR-BOPT (Board of Prison Terms) = 21 & olderCDCR-BOPT (Board of Prison Terms) = 21 & older CYC-YOPB (Youthful Offender Parole Board) = CYC-YOPB (Youthful Offender Parole Board) =

____________________________ Local agenciesLocal agencies