Chapter 13Chapter 13

Law Enforcement and the Law Enforcement and the Criminal Justice SystemCriminal Justice System

Law enforcement is one of the three major Law enforcement is one of the three major components of our country’s criminal components of our country’s criminal justice system.justice system.

Courts and Corrections are the other Courts and Corrections are the other components in the CJ system.components in the CJ system.

Police are the “gate keepers” of the CJ Police are the “gate keepers” of the CJ system. They aid the system by making system. They aid the system by making arrests, obtaining information & evidence, arrests, obtaining information & evidence, writing reports, identifying suspects and writing reports, identifying suspects and witnesses and providing testimony in witnesses and providing testimony in court.court.

Errors in any of these roles may seriously Errors in any of these roles may seriously damage a case or even prevent a damage a case or even prevent a conviction. conviction.

COURT SYSTEM:COURT SYSTEM: Jurisdiction refers not only to a geographic Jurisdiction refers not only to a geographic

area but also to a court’s authority to try a area but also to a court’s authority to try a case or to hear an appeal.case or to hear an appeal.

Original jurisdiction has the authority to try Original jurisdiction has the authority to try a case, whereas a court with appellate a case, whereas a court with appellate jurisdiction has the authority to hear an jurisdiction has the authority to hear an appeal to set aside a conviction.appeal to set aside a conviction.

The state courtThe state court The hierarchy at the state level often goes The hierarchy at the state level often goes

up from courts of special or limited up from courts of special or limited jurisdiction called justice of the peace jurisdiction called justice of the peace courts, to trial courts or original and courts, to trial courts or original and general jurisdiction courts (including general jurisdiction courts (including probate court, municipal court, county probate court, municipal court, county court, circuit court, district court and court, circuit court, district court and superior court) to intermediate appellate superior court) to intermediate appellate courts to the state supreme court.courts to the state supreme court.

Federal Court SystemFederal Court System The federal court system is three tiered: The federal court system is three tiered:

district courts, appellate courts and US district courts, appellate courts and US SupremeSupreme CourtCourt

The Supreme Court is presided over by 9 The Supreme Court is presided over by 9 justices appointed by the president of the justices appointed by the president of the US, subject to Senate confirmation. US, subject to Senate confirmation.

The President also appoints the chief justice, The President also appoints the chief justice, who assigns the cases to the other justices.who assigns the cases to the other justices.

The first African American was Thurgood The first African American was Thurgood Marshall, appointed in 1967.Marshall, appointed in 1967.

Sandra D. O’Connor was the first woman Sandra D. O’Connor was the first woman Supreme Court justice, appointed in Supreme Court justice, appointed in 1981.1981.

The Constitution established tenure for The Constitution established tenure for “life on good behavior.” The only way to “life on good behavior.” The only way to remove a justice is through remove a justice is through impeachment.impeachment.

When the Court decides to hear a case, it When the Court decides to hear a case, it grant a writ of certiorari, which requests grant a writ of certiorari, which requests for a transcript of the proceeding of the for a transcript of the proceeding of the case for reviewcase for review

Specialized courtsSpecialized courts Community Courts: Community courts are Community Courts: Community courts are

neighborhood based and seek to solve local neighborhood based and seek to solve local problems.problems.

Tribal Courts: Hear cases pertaining to Native Tribal Courts: Hear cases pertaining to Native American law that affect both Native American law that affect both Native Americans and non Native Americans living Americans and non Native Americans living or operating a business within the or operating a business within the jurisdiction of a Native American jurisdiction of a Native American government. In the US, approximately 275 government. In the US, approximately 275 Indian nations and Alaska Native Villages Indian nations and Alaska Native Villages have established Tribal Courts.have established Tribal Courts.

Drug Courts: Community based courts are Drug Courts: Community based courts are designed to reflect community concerns and designed to reflect community concerns and priorities, access community resources and priorities, access community resources and seek community participation and supportseek community participation and support

Gun Courts: One judge hears all gun cases Gun Courts: One judge hears all gun cases from beginning to end. This judge makes all from beginning to end. This judge makes all legal rulings, carries out all hearing and legal rulings, carries out all hearing and trials, and passes sentence on convicted trials, and passes sentence on convicted offenders.offenders.

Domestic Violence Courts: tailoring services Domestic Violence Courts: tailoring services to victims, enlisting community involvement to victims, enlisting community involvement and holding perp accountable.and holding perp accountable.

Mental Health Courts:Mental Health Courts: Modeled after drug courts. Court systems Modeled after drug courts. Court systems

discuss their common goals for each discuss their common goals for each defendant.defendant.

Juvenile Courts: Historically they have been Juvenile Courts: Historically they have been informal, private, non adversary systems that informal, private, non adversary systems that stress rehabilitation rather than punishment. stress rehabilitation rather than punishment. A petition is a document alleging a juvenile is A petition is a document alleging a juvenile is delinquent, a status offender, or dependent.delinquent, a status offender, or dependent.

Juvenile courts vary from state to stateJuvenile courts vary from state to state

The Adversary SystemThe Adversary SystemOur CJ system is based on an adversary Our CJ system is based on an adversary system- the accuser vs. the accusedsystem- the accuser vs. the accused

Our adversary system requires the accuser Our adversary system requires the accuser to prove beyond a reasonable doubt to a to prove beyond a reasonable doubt to a judge or jury that the accused is guilty of a judge or jury that the accused is guilty of a specified crimespecified crime

Presumption of innocence means that the Presumption of innocence means that the accused is assumed innocent until proof of accused is assumed innocent until proof of the contrary is clearly established.the contrary is clearly established.

Reasonable doubt: the state of mind of Reasonable doubt: the state of mind of jurors when they do not feel a moral jurors when they do not feel a moral certainty about the charges and when the certainty about the charges and when the evidence doesn’t exclude every other evidence doesn’t exclude every other reasonable hypothesis except that the reasonable hypothesis except that the defendant is guilty as chargeddefendant is guilty as charged

Preponderance of the Evidence: required Preponderance of the Evidence: required in civil court, means it is more likely than in civil court, means it is more likely than not, based on the bulk of evidence, that not, based on the bulk of evidence, that the plaintiff’s version of the case hold up.the plaintiff’s version of the case hold up.

Key players in the judicial process are the Key players in the judicial process are the defendant, prosecutor, defense attorney, defendant, prosecutor, defense attorney, judge and jury.judge and jury.

Defendant: person suspected of Defendant: person suspected of committing a crime.committing a crime.

Defendants have certain rights. The Fifth Defendants have certain rights. The Fifth Amendment guarantees due process. The Amendment guarantees due process. The Sixth Amendment establishes the Sixth Amendment establishes the requirements for criminal trials. The Eighth requirements for criminal trials. The Eighth Amendment forbids excessive bail.Amendment forbids excessive bail.

The prosecutor is an elected official who The prosecutor is an elected official who represents the government and the people represents the government and the people in the CJ system.in the CJ system.

Prosecutors provide leadership in the CJ Prosecutors provide leadership in the CJ system.system.

Prosecutors are also the legal advisors for Prosecutors are also the legal advisors for the police; they decide what cases should the police; they decide what cases should be prosecuted and how.be prosecuted and how.

They are responsible for protecting the They are responsible for protecting the rights of all involved, including the suspect.rights of all involved, including the suspect.

The defense attorney:The defense attorney: Represents the accused in court. Represents the accused in court. Judges:Judges: Hear motions, sentence, determine to Hear motions, sentence, determine to

grant or deny bailgrant or deny bail The criminal justice system process The criminal justice system process

consists of several critical stages: the consists of several critical stages: the complaints or charge, the warrant, arrest, complaints or charge, the warrant, arrest, booking, plea bargaining, preliminary booking, plea bargaining, preliminary hearing, grand jury hearing, the hearing, grand jury hearing, the arraignment, the trial and sentnecing.arraignment, the trial and sentnecing.

Bail and Writ of Habeas CorpusBail and Writ of Habeas Corpus Usually one right of the accused is the right Usually one right of the accused is the right

to be released from custody. After formal to be released from custody. After formal booking is completed, the suspect is usually booking is completed, the suspect is usually entitled to be release on bail or on his or her entitled to be release on bail or on his or her personal recognizance if the crime is a personal recognizance if the crime is a misdemeanor or on a writ of Habeas Corpus misdemeanor or on a writ of Habeas Corpus or bond if the crime is a felony. Also, Writ of or bond if the crime is a felony. Also, Writ of Habeas Corpus is used to order a person in Habeas Corpus is used to order a person in jail to be released to appear in courtjail to be released to appear in court

Plea Bargaining: a legal negotiation between Plea Bargaining: a legal negotiation between the prosecutor and the defense lawyer or the the prosecutor and the defense lawyer or the client to reach an agreement that avoids a client to reach an agreement that avoids a court trial.court trial.

It is generally accepted that up to 90% of felony It is generally accepted that up to 90% of felony defendants plead guilty with plea bargainingdefendants plead guilty with plea bargaining

The Preliminary hearing:The Preliminary hearing: The judge determines whether probable exists The judge determines whether probable exists

for believing that an offense has been for believing that an offense has been committed and that the accused committed it.committed and that the accused committed it.

The Preliminary hearing seeks to establish The Preliminary hearing seeks to establish probable cause to prevent persons from being probable cause to prevent persons from being indiscriminately brought to trial.indiscriminately brought to trial.

The discovery process requires that all The discovery process requires that all pertinent facts on both sides be made pertinent facts on both sides be made available before the trail.available before the trail.

The grand jury:The grand jury: Meets in secret sessions and hears from Meets in secret sessions and hears from

witnesses to and victims of a crime. witnesses to and victims of a crime. After the grand jury receives all After the grand jury receives all

testimony and evidence, it deliberates.testimony and evidence, it deliberates.

Corners jury: investigate violent deaths Corners jury: investigate violent deaths where suspicion of foul plan exists. where suspicion of foul plan exists. Usually consists of 6 members.Usually consists of 6 members.

Arraignment: When a defendant is Arraignment: When a defendant is charged with a felony, they must charged with a felony, they must personally appear at the arraignment. personally appear at the arraignment.

They enter their plea which could be They enter their plea which could be not guilty, guilty, nolo contendere (no not guilty, guilty, nolo contendere (no contest) or stand mute.contest) or stand mute.

Diversion is a discretionary decision that Diversion is a discretionary decision that can occur at many points as the case can occur at many points as the case progresses through the criminal justice progresses through the criminal justice process.process.

Trial:Trial: Climax in the criminal justice procedure. Climax in the criminal justice procedure.

Before a jury can be assembled, the Before a jury can be assembled, the geographic location of the trial, called the geographic location of the trial, called the venue. A trial’s venue is usually the same venue. A trial’s venue is usually the same area in which the offense occurred. area in which the offense occurred.

Change of venue is possible when it is Change of venue is possible when it is impossible to pick an impartial jury.impossible to pick an impartial jury.

The defense may try to confuse or The defense may try to confuse or discredit a police officer by (1) rapid discredit a police officer by (1) rapid fire questioning (2) establishing that fire questioning (2) establishing that the officer wants to see the the officer wants to see the defendant found guilty, (3) accusing defendant found guilty, (3) accusing the officer of making assumptions or the officer of making assumptions or (4) implying that the officer does not (4) implying that the officer does not want anyone else to know what is in want anyone else to know what is in his or her notes.his or her notes.

The jury can return one of the three The jury can return one of the three findings: guilty, not guilty, or no findings: guilty, not guilty, or no verdict. No verdict simply means that verdict. No verdict simply means that no agreement can be reached; this is no agreement can be reached; this is also known as a hung jury.also known as a hung jury.

Corrections:Corrections:The primary purpose of corrections is The primary purpose of corrections is

retribution, deterrence, retribution, deterrence, incapacitation and rehabilitation.incapacitation and rehabilitation.

Retribution is also referred to as Retribution is also referred to as revenge, “just deserts” or “eye for and revenge, “just deserts” or “eye for and eye”eye”

Deterrence is to prevent future Deterrence is to prevent future criminal actions. Deterrence aimed at criminal actions. Deterrence aimed at offenders is called specific deterrence. offenders is called specific deterrence. Deterrence aimed at society is called Deterrence aimed at society is called general deterrence.general deterrence.

Incapacitation: making it impossible Incapacitation: making it impossible for offenders to commit further crimes.for offenders to commit further crimes.

Rehabilitation attempts to correct Rehabilitation attempts to correct behavior.behavior.

Correctional alternatives include Correctional alternatives include probation, intermediate sanctions, probation, intermediate sanctions, incarceration and in some states, the incarceration and in some states, the death penalty. These same options death penalty. These same options exist for juvenile offenders, although exist for juvenile offenders, although probation is by far the most frequent probation is by far the most frequent disposition in juvenile delinquency disposition in juvenile delinquency cases.cases.

Probation: alternative to prison and allows Probation: alternative to prison and allows offenders to remain in community. The offenders to remain in community. The general purpose of probation is to help general purpose of probation is to help offenders maintain law-abiding behavioroffenders maintain law-abiding behavior

A universal condition of probation is to A universal condition of probation is to obey the law.obey the law.

Day fines, restitution, community service, Day fines, restitution, community service, ISP, EMP. These are know as intermediate ISP, EMP. These are know as intermediate sanctions and in involve more supervision sanctions and in involve more supervision and greater restrictions.and greater restrictions.

Boot Camps or shock incarceration.Boot Camps or shock incarceration. IncarcerationIncarceration

Prisons may be punitive or treatment Prisons may be punitive or treatment oriented. Punitive-oriented prisons are oriented. Punitive-oriented prisons are more formal and rigid, with an emphasis more formal and rigid, with an emphasis on obedience. Obedience is sought on obedience. Obedience is sought through negative incentives. Treatment-through negative incentives. Treatment-oriented prisons are more informal and oriented prisons are more informal and flexible, with positive incentives for good flexible, with positive incentives for good behavior.behavior.

The primary goal of correctional The primary goal of correctional institutions is protect societyinstitutions is protect society

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Parole is the conditional release from Parole is the conditional release from prison before the expiration of the prison before the expiration of the sentence and the period of supervision in sentence and the period of supervision in the community following the release.the community following the release.

Parole differs from probation in that a Parole differs from probation in that a person who is paroled has spent some person who is paroled has spent some time serving a prison sentence. In is time serving a prison sentence. In is similar to probation in that both require similar to probation in that both require supervision of the offender and set up supervision of the offender and set up certain conditions the offender must meet certain conditions the offender must meet

Community based reintegration Community based reintegration programs:programs:

Halfway houseHalfway house Restitution center Restitution center Recidivism:Recidivism: According to Glaze, of those parolees According to Glaze, of those parolees

discharged in 2002, 41 percent had discharged in 2002, 41 percent had been returned to incarceration either been returned to incarceration either because of a rule violation or a new because of a rule violation or a new offense. Another 9% absconded.offense. Another 9% absconded.

Death penalty V. life without ParoleDeath penalty V. life without Parole 13 states executed 71 prisoners during 13 states executed 71 prisoners during

2002.2002. Today lethal injection is predominate Today lethal injection is predominate

method of execution in the US and is used method of execution in the US and is used in 37 states, 9 states authorize in 37 states, 9 states authorize electrocution; 4 states lethal gas; three electrocution; 4 states lethal gas; three states hanging; and three states the firing states hanging; and three states the firing squad. The execution methods of squad. The execution methods of electrocution, asphyxiation and lethal electrocution, asphyxiation and lethal injection are not used anywhere else in the injection are not used anywhere else in the world except in the USworld except in the US

Supports of capital punishment see it Supports of capital punishment see it as both a deterrent and a form of as both a deterrent and a form of retribution.retribution.

Restorative Justice seeks to balanced Restorative Justice seeks to balanced approach involving offenders, approach involving offenders, victims, local communities and victims, local communities and government to alleviate crime and government to alleviate crime and violence and obtain peaceful violence and obtain peaceful communities.communities.