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Criminal Justice Presentation
The criminal justice system is made up of thousands of local, state and federal agencies that work to control crime and punish law violations. It involves law enforcement agencies that make over 11 million arrests each year, prosecutorial agencies that hear over 96 million cases, and correctional institutions that supervise over 7 million people. The formal criminal justice process follows specific steps - from initial contact and investigation by police, to prosecution, adjudication by courts, and corrections including incarceration, release and post-release supervision. Reforms aim to reduce incarceration and focus more on rehabilitation through treatment programs.
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Criminal Justice Presentation
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- 2. Only the criminaljustice system maintains the power to control crime and punish those who violate the law.
- 3. Local, state, and countyagencies 18,000 Agencies employees 1.1M Law enforcement officers 800,000 Federal officers 120,000EMPLOYEES Courts 17,000- Prosecutorial agencies 8,000 Correctional institutions 6,000 Probation and parole dept. 3,500+ AGENCIES Arrested each year 11M Cases heard each year 96M Cases involve a criminal matter 20M Cases involve juvenile offenders 2M COURTS Under correctional supervision 7M Incarcerated 2M+ Supervised in the community 4.75M CORRECTION S
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- 5. THE SYSTEM: AGENCIESOF CRIME CONTROL POLICE 1. Contact 2. Investigation 3. Arrest 4. Custody PROSECUTION AND DEFENSE 5. Complaint/charging 6. Grand jury/preliminary hearing 7. Arraignment 8. Bail/detention 9. Plea negotiations COURT 10. Adjudication 11. Disposition 12. Appeal/postconviction remedies CORRECTIONS 13. Correction 14. Release 15. Postrelease Figure 1.1 from the book, page 14
- 6. 1. Contact • Whenan officer, person or suspect confesses to a crime or is confronted about a possible crime.
- 7. 2. Investigation • Sufficientevidence is needed to support a legal arrest.
- 8. 3. Arrest • Evidencehas been physically seen or documented. • Officer witnesses the crime. • Officer believes there’s sufficient evidence to make an arrest.
- 9. 4. Custody • Suspectis in custody, the officer may search for further evidence. • While in custody, the suspect is protected from abuse, illegal searches and intimidation.
- 10. 5. Charging • Whensufficient evidence exists to charge a person with a crime, the case will be turned over to the prosecutors office. • Prosecutors will decide what action to take. • If no action is taken, it’s called a nolle prosequi.
- 11. 6. Preliminary Hearing/GrandJury • Our constitution mandates probable cause. • 50% of states this determination is made by a grand jury. – Remaining states, prosecution will file a charging document. (an information) • Another name for a preliminary hearing is a probable cause hearing.
- 12. 7. Arraignment • Beforethe trail, defendant will be brought before the court to hear the case.
- 13. 8. Bail/detention • Moneybond levied to ensure a return of a criminal to trail. • Allows defendant to remain in the community before their trial.
- 14. 9. Plea Bargaining •Defense will discuss a possible guilty plea in exchange for the prosecution reducing or dropping some charges. • Request for a more lenient sentence. • 90% of all cases end in plea bargain.
- 15. 10. Trail/adjudication • Whenan agreement or settlement cannot be reached, the trail will be held before a judge.
- 16. 11. Sentencing/Disposition • Aftera criminal trail, if accused is found guilty they will return to court for sentencing.
- 17. 12. Appeal/postconviction Remedies •Defense can ask trial judge to set aside jury’s verdict. – Jury has made a mistake of law – Misinterpreting judges instructions – Convicting a charge not supported by evidence • Appeal maybe filed after conviction if defendant believes constitutional rights were violated.
- 18. Criminal Justice Funnel Figure 1.2 from thebook page 13 For every 1,000 federal crimes, about 20 people are sent to prison
- 19. 13. Correctional Treatment •Offenders placed within the jurisdiction of the state or federal corrections authorities. – May serve probationary term – Place in community correctional facility – Serve term in jail – Housed in a prison • Offender maybe asked to take rehabilitation program.
- 21. 14. Release • Aftercompletion of sentence and period of correction, offender will be freed to return to society. • Most inmates do not serve the full term of sentence. – Early release for good time or behavior.
- 22. 15. Postrelease • Aftertermination of correctional treatment, offenders maybe asked to spend time in a community correction center. – Halfway house – Work release programs
- 23. THE SYSTEM: AGENCIESOF CRIME CONTROL POLICE 1. Contact 2. Investigation 3. Arrest 4. Custody PROSECUTION AND DEFENSE 5. Complaint/charging 6. Grand jury/preliminary hearing 7. Arraignment 8. Bail/detention 9. Plea negotiations COURT 10. Adjudication 11. Disposition 12. Appeal/postconviction remedies CORRECTIONS 13. Correction 14. Release 15. Postrelease Figure 1.1 from the book, page 14
- 24. Utah Criminal JusticeReform Reducing first-time and second-time drug possession convictions from felonies to misdemeanors, expanding mental health and substance abuse treatment services for offenders, providing opportunities for inmates to earn sentence reductions by completing specified programs meant to keep them out of prison in the future, and offering greater assistance to people transitioning out of prison.
- 25. HBO | VICE| Ep16 | Special Report: Fixing the System
- 26. The criminal justicesystem is society’s instrument of social control.
- 27.
Editor's Notes
- #3 The agencies of justice are tasked with preventing or deterring outlawed behavior by apprehending, adjudicating, and sanctioning lawbreakers. (Excerpt from the book. Page 8.) Our criminal justice system is massive because it must process, treat, and care for millions of people everyday. Let’s look at the numbers…
- #4 These expenses are high because they there are now almost 18,000 local, state, and county law enforcement agencies | employing more than 1.1 million people. Of these, almost 800,000 are full-time sworn law enforcement officers, and the remainder are part-time officers and civilian employees. The federal government employs an additional 120,000 sworn law enforcement personnel. The criminal justice system consists of nearly 17,000 courts, more than 8,000 prosecutorial agencies, about 6,000 correctional institutions, and more than 3,500 probation and parole departments. The system is massive because it must process, treat, and care for millions of people. Although the crime rate has declined substantially, more than 11 million people are still being arrested each year or about 3,700 per 100,000 people. While there has also been a recent decline in the number of cases brought to state courts, about 96 million cases are now being heard each year, including about 20 million that involve criminal matters and 2 million juvenile offenders. Considering the massive proportions of this system, it is not surprising that almost 7 million people are under some form of correctional supervision, including more than 2 million men and women in the nation's jails and prisons and an additional 4.75 million adult men and women being supervised in the community while on probation or parole. The size of this massive correctional system is reflected in its cost. States now spend about $50 billion per year on corrections. The mean state corrections expenditure per inmate is now more than $28,000 per year; one-quarter of states spend $40,000 or more.
- #5 Just consider, Utah has 2.9 million citizens and there are 2 million men and women in the nation's jails and prisons. Do you recall the numbers we shared in the previous slide about the number of people who are arrested each year? That number was 11 million. So how does the system handle all those people? The criminal justice system is divided into four components.
- #6 Each component is divided into several processes.
- #7 Initial contact. In most instances, an offender's initial contact with the criminal justice system takes place as a result of a police action: Patrol officers observe a person acting suspiciously, conclude the suspect is under the influence of drugs, and take her into custody. Police officers are contacted by a victim who reports a robbery; they respond by going to the scene of the crime and apprehending a suspect. An informer tells police about some ongoing criminal activity in order to receive favorable treatment. Responding to a request by the mayor or other political figure, the local department may initiate an investigation into an ongoing criminal enterprise such as gambling, prostitution, or drug trafficking. A person walks into the police station and confesses to committing a crime-for example, killing his wife after an altercation.
- #8 Investigation. The purpose of the criminal investigation is to gather sufficient evidence to identify a suspect and support a legal arrest. An investigation can take only a few minutes, as in the case where a police officer sees a crime in progress and can apprehend the suspect quickly. Or it can take many years and involve hundreds of law enforcement agents. Dennis Rader, the notorious BTK ("Bind, Torture, Kill") serial killer, began his murderous streak in 197 4 and was finally apprehended in 2005 after an investigation that lasted more than 30 years.
- #9 Decision point Arrest. A arrest is considered legal when all of the following conditions exist: the police officer believes there is sufficient evidence, referred to probable cause, t at a crime 1s being-or has been committed, and the suspect is the person who committed it; the officer deprives the individual of freedom; and the suspect believes that he is now in the custody of the police and has lost his liberty. The police officer is not required to use the word "arrest" or any similar term to initiate an arrest, nor does the officer have to bring the suspect to the police station. To make an arrest in a misdemeanor, the officer must have witnessed the crime personally, a provision known as the in-presence requirement. Some jurisdictions have passed laws allowing misdemeanor arrests base on victim complaints in cases involving child abuse or domestic abuse. Arrests can also be made when a magistrate, presented with sufficient evidence by police and prosecutors, issues a warrant authorizing the arrest of the suspect. in-presence requirement: With a few exceptions, in order to make an arrest in a misdemeanor, a police officer must have witnesses the crime personally.
- #10 Custody. After an arrest and while the suspect is being detained, the police may want to search for evidence, conduct an interrogation, or even encourage a confession. Witnesses may be brought to view the suspect in a lineup or in a one-on-one confrontation. Because these procedures are so crucial and can have a great impact at trial, the US Supreme Court has granted suspects in police custody protection from the unconstitutional abuse of police power, such as illegal searches and intimidating interrogations.
- #11 Charging. If the arresting officers or their superiors believe that sufficient evidence exists-to charge a person with a crime, the case will be turned over to the prosecutor’s office. The prosecutor's decision to charge the suspect with a specific criminal act involves many factors, including evidence sufficiency, crime seriousness, case pressure, and political issues, as well as personal factors such as a prosecutor's own specific interests and biases. After conducting a preliminary investigation of its legal merits, prosecutors may decide to take no further action in a case; this is referred to as a nolle prosequi. nolle prosequi: The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi included evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.
- #12 Preliminary hearing/grand jury. The US Constitution mandates that before a trial can take place, the government must first prove probable cause that the accused committed the crime for which he is being charged. In about half the states and in the federal system, this determination is made by a grand jury in a closed hearing. If the prosecution presents sufficient evidence, the grand jury will issue a true bill of indictment, which specifies the exact charges on which the accused must stand trial In the remaining states, the prosecution will file a charging document (usually-called an information) before a lower trial court, which then conducts an open hearing on the merits of the case. During this procedure, sometimes referred to as a probable cause hearing, the defendant and the defendant's attorney may appear and dispute the prosecutor's charges. The suspect will be called to stand trial if the presiding magistrate or judge accepts the prosecutor's evidence as factual and sufficient. grand jury: A type of jury responsible for investigating alleged crimes, examining evidence, and issuing indictments. true bill of indictment: A written statement charging a defendant with a commission of a crime, drawn up by a persecuting attorney and considered by a grand jury. If the grand jury finds sufficient evidence to support the indictment, it will issue a true bill of indictment. Information: Charging document filed by the prosecution that forms the basis of the preliminary hearing. probable cause hearing: Term used in some jurisdiction for a preliminary hearing to show cause to trial.
- #13 Arraignment. Before the trial begins, the defendant will be arraigned, or brought before the court that will hear the case. At this time, formal charges are read, the defendant is informed of his constitutional rights ( e.g., the right to be represented by legal counsel), an initial plea (not guilty or guilty) is entered, a trial date set, and bail issues are considered.
- #14 Bail/detention. Bail is a money bond levied to ensure t e return of a criminal defendant for trial, allowing the defendant to remain in the community prior to trial. Defendants who do not show up for trial forfeit their bail. Those people who cannot afford to put up bail or who cannot borrow sufficient funds for it will remain in state custody prior to trial. In most instances, this means an extended stay in a county jail or house of correction. If they are stable members of the community and have committed nonviolent crimes, defendants may be released on their own recognizance (promise to the court), without bail.
- #15 Plea bargaining. After an arraignment, or even before, the defense and prosecution will discuss a possible guilty plea in exchange for the prosecution reducing or dropping some of the charges or agreeing to a request for a more lenient sentence. Almost 90 percent of all cases end in a plea bargain, rather than a criminal trial.
- #16 Trial/adjudication. If an agreement cannot be reached or if the prosecution does not want to arrange a negotiated settlement of the case, a criminal trial will be held before a judge (bench trial) or jury, who will decide whether the prosecution's evidence against the defendant is sufficient beyond a reasonable doubt to prove guilt. If a jury cannot reach a decision-that is, if it is deadlocked-the case is left unresolved, leaving the prosecution to decide whether it should be retried at a later date.
- #17 Sentencing/disposition. After a criminal trial, if the accused has been found guilty as charged, he will be returned to court for sentencing. Possible sentencing dispositions include a fine, probation, some form of community-based corrections, a period of incarceration in a penal institution, or, in rare instances, the death penalty.
- #18 Appeal postconviction remedies. After conviction, the defense can ask-1he trial judge to set aside the jury's verdict because the jury has made a mistake of law-for example, by misinterpreting the judge’s instructions or convicting on a charge that was not supported by the evidence. Failing that, an appeal may be filed if, after conviction, the defendant believes that his constitutional rights were violated by errors in the trial process. Appellate courts review such issues as whether evidence was used properly, the judge conducted the trial in an approved fashion, jury selection was properly done, and the attorneys in the case acted appropriately. If the court rules that the appeal has merit, it can hold that the defendant be given a new trial or, in some instances, order his or her outright release.
- #19 This is a graphic from page 13 of your book. The graphic shows the number of felony convictions. For every 1,000 federal crimes committed, about 20 people are sent to prison.
- #20 Find video Correctional treatment. After sentencing, the offender is placed-within the jurisdiction of state or federal correctional authorities. The offender may serve a probationary term, e placed in a community correctional facility, serve a term in a county jail, or be housed in a prison. During this stage of the criminal justice process, the offender may be asked to participate in rehabilitation programs designed to help him make a successful readjustment to society.
- #22 Release. Upon completion of the sentence and period of correction, t e offender will be free to return to society. Most inmates do not serve the full term of their sentence but are freed through an early-release mechanism, such as parole or pardon or by earning time off for good behavior. Offenders sentenced to community supervision simply finish their term and resume their lives in the community.
- #23 Postrelease. After termination of their correctional treatment, offenders may be asked to spend some time in a community correctional center, which acts as a bridge between a secure treatment facility and absolute freedom. Offenders may find that their conviction has cost them some personal privileges, such as the right to hold certain kinds of employment. These privileges may be restored by court order after the offenders prove their trustworthiness and willingness to adjust to society's rules.
- #24 Recap.
- #26 Recommend others watch a documentary on HBO
- #27 A criminal justice system is necessary to prevent criminal behavior to keep our communities safe.
- #28 Questions?