Understanding the Criminal Understanding the Criminal Justice SystemJustice System

CJUS 101CJUS 101

Chapter 4: Criminal Justice and Chapter 4: Criminal Justice and Procedures – An OverviewProcedures – An Overview

ProceduresProcedures1.1. Constitution / Bill of RightsConstitution / Bill of Rights

- fundamental to criminal procedures- fundamental to criminal procedures- amendments aimed at specific rights- amendments aimed at specific rights

a. a. Major significanceMajor significance - restricts activities of government- restricts activities of government

(1) (1) ConstitutionConstitution - written in 1787- written in 1787 - ratified by states in 1788- ratified by states in 1788 - put into effect in 1789- put into effect in 1789

ProceduresProcedures(2) (2) RationaleRationale

- preamble / 7 articles- preamble / 7 articles- Article I: congress- Article I: congress- Article II: executive branch- Article II: executive branch- Article III: judicial branch- Article III: judicial branch

(a) Separation of powers (a) Separation of powers doctrinedoctrine

(b) No one branch could usurp(b) No one branch could usurppower for itselfpower for itself- 3 separate entities- 3 separate entities

ProceduresProcedures(3) (3) Doctrine’s impact on criminalDoctrine’s impact on criminal

justicejustice

- laws / police / courts- laws / police / courts

- protected from arbitrary- protected from arbitrary

abuseabuse

(4) (4) Controls operations of CJSControls operations of CJS

- Bill of Rights- Bill of Rights

(a) Adopted to protect (a) Adopted to protect individual libertiesindividual liberties

ProceduresProcedures(b) From abuse by national(b) From abuse by national

governmentgovernment

b. b. Bill of RightsBill of Rights (1791) (1791)

(1) (1) First AmendmentFirst Amendment- freedom of speech (oral / - freedom of speech (oral /

writtenwritten/ symbolic) / symbolic)

- freedom of the press - freedom of the press - freedom of religion - freedom of religion - freedom of assembly / petition- freedom of assembly / petition

ProceduresProcedures(2) (2) Second AmendmentSecond Amendment

- well regulated militia- well regulated militia

- to keep and to bear arms- to keep and to bear arms

(3) (3) Third AmendmentThird Amendment

- quartering of soldiers- quartering of soldiers

(4) (4) Fourth AmendmentFourth Amendment

- right of people to be secure in- right of people to be secure in

persons / houses / paperspersons / houses / papers

ProceduresProcedures- no warrants issued without- no warrants issued without

probable causeprobable cause

(5) (5) Fifth AmendmentFifth Amendment- no person held to answer- no person held to answer- presentment / indictment of a- presentment / indictment of a

grand jurygrand jury- without due process- without due process

(6) (6) Sixth AmendmentSixth Amendment- speedy / public trial- speedy / public trial

ProceduresProcedures- confront witnesses- confront witnesses- right to counsel- right to counsel

(7) (7) Seventh AmendmentSeventh Amendment- civil lawsuits- civil lawsuits

(8) (8) Eighth AmendmentEighth Amendment- excessive bail / fines- excessive bail / fines- cruel / unusual punishment- cruel / unusual punishment

(9) (9) Ninth AmendmentNinth Amendment

ProceduresProcedures- Bill of Rights does not deny - Bill of Rights does not deny

other rightsother rights

(10) (10) Tenth AmendmentTenth Amendment

- powers reserved for the states- powers reserved for the states

(11) (11) Fourteenth AmendmentFourteenth Amendment

- nationalized Bill of Rights- nationalized Bill of Rights

(a) Continue to add amendments(a) Continue to add amendments

- ratified by states (33)- ratified by states (33)

ProceduresProcedures2.2. The process of justiceThe process of justice

- - “No person shall be . . . deprived of “No person shall be . . . deprived of life, liberty, or property without duelife, liberty, or property without dueprocess of law.”process of law.”

a. a. Adversarial systemAdversarial system - prosecution / defense- prosecution / defense - innocent until proven guilty- innocent until proven guilty

(1) (1) Early historyEarly history- trial by ordeal- trial by ordeal

ProceduresProcedures- inquisitorial system- inquisitorial system

- inquiry system- inquiry system

b. b. ConstitutionConstitution

- interpreted by US Supreme Court- interpreted by US Supreme Court

- cornerstone of CJS – “- cornerstone of CJS – “due processdue process””

- Bill of Rights- Bill of Rights

(1) (1) 1833: federal only1833: federal only

- US Supreme Court - US Supreme Court

ProceduresProcedures(2) (2) 1868: Nationalized1868: Nationalized

- 14- 14thth Amendment Amendment

(3) (3) 1884: Hurtado vs. California1884: Hurtado vs. California- no indictment by grand jury- no indictment by grand jury

(4) (4) 1925: Gitlow vs. New York1925: Gitlow vs. New York- speech not absolute right- speech not absolute right

(5) (5) 1927: Fisk vs. Kansas1927: Fisk vs. Kansas- freedom of speech- freedom of speech

ProceduresProcedures(6) (6) 1931: Near vs. Minnesota1931: Near vs. Minnesota

- freedom of the press- freedom of the press

(7) (7) 1931: Powell vs. Alabama1931: Powell vs. Alabama- capital offense- capital offense- right to defense counsel- right to defense counsel

(8) (8) 1937: Palko vs. Connecticut1937: Palko vs. Connecticut- can be tried twice- can be tried twice

(9) (9) 1937: Johnson vs. Zerbst1937: Johnson vs. Zerbst

ProceduresProcedures- defense counsel- defense counsel

- all federal felonies- all federal felonies

(10)(10) 1947: separation of church / 1947: separation of church / statestate

(11) (11) 1948: public trials for adults1948: public trials for adults

(12) (12) 1961: Mapp vs. Ohio1961: Mapp vs. Ohio

- unreasonable search / seizure- unreasonable search / seizure

- “- “exclusionary ruleexclusionary rule””

ProceduresProcedures(13) (13) 1962: cruel/unusual punishment1962: cruel/unusual punishment

- 8- 8thth Amendment Amendment

(14) (14) 1963: Gideon vs. Wainwright1963: Gideon vs. Wainwright- any felony right to counsel- any felony right to counsel

(15) (15) 1964: right of self-incrimination1964: right of self-incrimination- not testify against yourself- not testify against yourself

(16) (16) 1965: confront witnesses1965: confront witnesses- must testify in open court- must testify in open court

ProceduresProcedures(17) (17) 1967: speedy trial1967: speedy trial

- 60 days in custody- 60 days in custody

- 90 days out of custody- 90 days out of custody

- 100 days at federal level- 100 days at federal level

(18) (18) 1968: trial by jury in serious1968: trial by jury in serious

offensesoffenses

(19) (19) 1969: Benton vs. Maryland1969: Benton vs. Maryland

- double jeopardy- double jeopardy

ProceduresProcedures(21) (21) 1973: Roe vs. Wade1973: Roe vs. Wade

- abortion rights- abortion rights

(22) (22) 1986: Bowers vs. Hardwick1986: Bowers vs. Hardwick- privacy for homosexuals- privacy for homosexuals

(a) State supreme courts(a) State supreme courts- establish precedent also- establish precedent also

(b) Impacts that state only(b) Impacts that state only- establishes state policy- establishes state policy

ProceduresProceduresc. c. Due processDue process

- substantive / procedural - substantive / procedural

(1) (1) Substantive due processSubstantive due process

- content or subject matter- content or subject matter

- the law must be understood- the law must be understood

(a) “(a) “Void for vaguenessVoid for vagueness” rule” rule

(b) Adequate defense counsel(b) Adequate defense counsel

ProceduresProcedures(2) (2) Procedural due processProcedural due process

- notice / hearings / procedures- notice / hearings / procedures

(a) Followed by police(a) Followed by police- advice to rights / etc.- advice to rights / etc.

(b) Followed by prosecutor(b) Followed by prosecutor- arraignment w/in 24 hours- arraignment w/in 24 hours

(c) Followed by court(c) Followed by court- jury selection- jury selection

ProceduresProcedures3.3. Criminal justice processCriminal justice process

- from crime to punishment- from crime to punishment

a. a. Crime committedCrime committed - reported / observed- reported / observed

(1) (1) Police investigationPolice investigation - patrol / detectives- patrol / detectives - develop suspect- develop suspect - reasonable suspicion- reasonable suspicion - detain / pat-down / question- detain / pat-down / question

ProceduresProcedures (2) (2) ArrestArrest

- case pending- case pending

(a) Probable cause(a) Probable cause- take into custody- take into custody- search / seize- search / seize

(b) Warrant(b) Warrant- issued by court- issued by court- probable cause- probable cause- reasonable belief - reasonable belief

ProceduresProcedures(c) Citation(c) Citation

- minor offenses- minor offenses

(d) Felony(d) Felony- committed in presence- committed in presence- reasonable cause- reasonable cause

(e) Gross misdemeanor(e) Gross misdemeanor- committed in presence- committed in presence- reasonable cause- reasonable cause- DUI / theft / marijuana /etc.- DUI / theft / marijuana /etc.

ProceduresProcedures(f) Misdemeanor(f) Misdemeanor

- committed in presence- committed in presence- report to prosecutor- report to prosecutor

(4) (4) BookingBooking- information / mug shot / prints- information / mug shot / prints- PR release / bail / held for court- PR release / bail / held for court

b. b. Court processCourt process- next court day- next court day- review by judge within 24 hours- review by judge within 24 hours

ProceduresProcedures(1) (1) Initial appearanceInitial appearance

- not guilty plea- not guilty plea- attorney assigned- attorney assigned

(a) Appear with attorney(a) Appear with attorney- enters plea- enters plea- set trial date- set trial date

(b) Court sets bail(b) Court sets bail- if still in custody- if still in custody- hold without bail- hold without bail

ProceduresProcedures(2) (2) Preliminary hearingPreliminary hearing

- lower court- lower court- prosecution presents evidence- prosecution presents evidence- crime probable committed- crime probable committed- bound over for trial- bound over for trial

(a) Washington state(a) Washington state- prosecutor passes prelim- prosecutor passes prelim- files directly in superior ct.- files directly in superior ct.

(b) Files the information(b) Files the information

ProceduresProcedures(3) (3) Pre-trial motionsPre-trial motions (3.9 hearing) (3.9 hearing)

- motions made by attorneys- motions made by attorneys- suppress evidence / discovery /- suppress evidence / discovery / change of venue / etc.change of venue / etc.

(a) Ruled on at this time(a) Ruled on at this time- cannot be brought up- cannot be brought up

(b) Decisions by judge can be(b) Decisions by judge can beappealedappealed- state appellate court- state appellate court

ProceduresProcedures(4) (4) TrialTrial

- before judge (bench trial)- before judge (bench trial)- before jury (jury trial)- before jury (jury trial)

(a) Jury selection(a) Jury selection- peremptory challenge- peremptory challenge- challenge for cause- challenge for cause

(b) Opening statements(b) Opening statements- prosecution- prosecution- defense- defense

ProceduresProcedures(c) Case presentation(c) Case presentation

- prosecution- prosecution

- defense- defense

(d) Closing arguments(d) Closing arguments

- prosecution- prosecution

- defense- defense

- prosecution- prosecution

(e) Deliberation(e) Deliberation

ProceduresProcedures- jury instructions- jury instructions- verdict- verdict

(f) Sentencing(f) Sentencing- prosecution- prosecution- defense- defense- community corrections- community corrections

(g) Appeals(g) Appeals- to higher court- to higher court- may be released during- may be released during

ProceduresProceduresc. c. CorrectionsCorrections

- state prison- state prison- city / county jail- city / county jail

(1) (1) Reception centerReception center- testing- testing- assignment- assignment

(2) (2) Permanent facilityPermanent facility- maximum / medium / minor- maximum / medium / minor- release on parole - release on parole

ProceduresProcedures4.4. Defendant’s constitutional rightsDefendant’s constitutional rights

- Sixth Amendment- Sixth Amendment- - “In all prosecutions, the accused shall“In all prosecutions, the accused shall

enjoy the right to a speedy and publicenjoy the right to a speedy and publictrial, by an impartial jury of the statetrial, by an impartial jury of the stateand district wherein the crime shalland district wherein the crime shallhave been committed, which districthave been committed, which districtshall have been previously ascertainedshall have been previously ascertainedby law, and to be informed of theby law, and to be informed of thenature and cause of the accusation; tonature and cause of the accusation; tobe confronted with the witnessesbe confronted with the witnesses

ProceduresProceduresagainst him; to have compulsoryagainst him; to have compulsoryprocess for obtaining witnesses in hisprocess for obtaining witnesses in hisfavor, and to have the Assistance offavor, and to have the Assistance ofCounsel for his defence.”Counsel for his defence.”

a. a. Speedy / public trialSpeedy / public trial- continuance- continuance- defendant / prosecutor request- defendant / prosecutor request

b. b. Impartial juryImpartial jury- change of venue- change of venue

ProceduresProcedures- 12 person jury not required- 12 person jury not required- minimum size is 6- minimum size is 6

c. c. Assistance of counselAssistance of counsel- right to represent self (- right to represent self (in propriain propria

personapersona))

5.5. Special trialsSpecial trials

a. a. Competency to stand trialCompetency to stand trial - two criteria- two criteria

ProceduresProcedures(1) (1) Understand nature of proceedingsUnderstand nature of proceedings

- court procedures- court procedures- punishment- punishment

(2) (2) Able to assist with defenseAble to assist with defense- communicate with attorney- communicate with attorney- no understanding of the law- no understanding of the law

(a) Procedure to determine (a) Procedure to determine competency competency

- criminal trial stops- criminal trial stops

ProceduresProcedures- civil proceedings- civil proceedings

(b) Mental health hearing held(b) Mental health hearing held- competent: trial resumes- competent: trial resumes- incompetent: mental - incompetent: mental hospital hospital

(c) Double jeopardy(c) Double jeopardy- does not apply- does not apply

(d) Proof required(d) Proof required

ProceduresProcedures- preponderance of evidence- preponderance of evidence

b. b. Sanity trialSanity trial- not guilty by reason of insanity- not guilty by reason of insanity- defendant makes decision- defendant makes decision

(1) (1) Legal standardLegal standard- M’Naghten Rule- M’Naghten Rule

(a) Did not know nature/quality(a) Did not know nature/qualityof the act of the act

ProceduresProcedures(b) Did not know it was wrong(b) Did not know it was wrong

(2) (2) Guilty but mentally illGuilty but mentally ill- mental hospital- mental hospital- prison after recovery- prison after recovery

c. c. Death penalty trialDeath penalty trial- “- “special circumstancesspecial circumstances””

(1) (1) Aggravated 1Aggravated 1stst Degree Murder Degree Murder- Washington state- Washington state

ProceduresProcedures- multiple murders / for hire /- multiple murders / for hire / killing police officer / etc.killing police officer / etc.

(2) (2) Required to considerRequired to consider::- aggravating circumstances- aggravating circumstances- mitigating circumstances- mitigating circumstances

(a) Exceptional circumstances(a) Exceptional circumstances- Washington state- Washington state

(b) Verdicts(b) Verdicts

ProceduresProcedures- death- death- life without parole- life without parole

d. d. Juvenile courtJuvenile court- 1960s: due process / 6- 1960s: due process / 6thth Amendment Amendment

(1) (1) EligibilityEligibility- chronological age- chronological age- date crime committed- date crime committed

(2) (2) Maximum ageMaximum age

ProceduresProcedures- state law- state law- 18 years: Washington state- 18 years: Washington state- 16: serious crimes- 16: serious crimes

(3) (3) FunctionsFunctions- criminal acts- criminal acts- status offenses- status offenses- dependent children- dependent children- family matters- family matters

(4) (4) Transfer to adult courtTransfer to adult court

ProceduresProcedures- prosecutor files- prosecutor files- fitness hearing- fitness hearing- held in juvenile court- held in juvenile court

(a) Reasons for transfer(a) Reasons for transfer- age- age- current offense- current offense- criminal history- criminal history- family status- family status- mental capacity- mental capacity- educational level- educational level

ProceduresProcedures(b) Arguments(b) Arguments

- mitigating circumstances- mitigating circumstances

(defense)(defense)

- aggravating circumstances- aggravating circumstances

(prosecution)(prosecution)

(4) (4) Once transferredOnce transferred::

- all rights afforded adults- all rights afforded adults

- incarcerate in youth facility- incarcerate in youth facility

- transfer when reaching 18 - transfer when reaching 18 years years

ProceduresProcedures(5) (5) Dependency courtDependency court

- civil proceedings- civil proceedings

- dependent children- dependent children

- Child Protective Services files- Child Protective Services files

6.6. Sentencing lawsSentencing laws

a. a. Indeterminate sentencingIndeterminate sentencing

- maximum and minimum- maximum and minimum

- release: performance in custody - release: performance in custody

ProceduresProceduresb. b. Determinate sentenceDeterminate sentence

- specific sentence- specific sentence- shorter due to “- shorter due to “good timegood time””

c. c. Definite sentenceDefinite sentence- fixed period- fixed period- no parole- no parole

d. d. Mandatory sentenceMandatory sentence- specific sentence - specific sentence - specific crime- specific crime

ProceduresProcedures7.7. Sentencing optionsSentencing options

- used by the court- used by the court

a. a. ProbationProbation - no state time- no state time

b. b. Work furloughWork furlough - released to go to work- released to go to work - other time spent in jail- other time spent in jail

c. c. Intermittent sentenceIntermittent sentence

ProceduresProceduresd. d. FineFine

- set by law- set by law

e. e. RestitutionRestitution- pays victim- pays victim

f. f. Community service orderCommunity service order- volunteer work in community- volunteer work in community

g. g. Court costsCourt costs- pay court fees- pay court fees

ProceduresProcedures8.8. Sentencing processSentencing process

- concurrent vs. consecutive- concurrent vs. consecutive

a. a. ConcurrentConcurrent - two or more sentences served at- two or more sentences served at same timesame time - one year served counts as one - one year served counts as one

yearyear for all crimes convicted offor all crimes convicted of

b. b. ConsecutiveConsecutive - serve sentence for one crime- serve sentence for one crime

ProceduresProcedures- before starting sentence for others- before starting sentence for others

c. c. Probation / sentencing reportProbation / sentencing report- Community Corrections- Community Corrections- Washington state- Washington state

(1) (1) File report prior to sentencingFile report prior to sentencing- judge / prosecutor / defense- judge / prosecutor / defense

(2) (2) Report includesReport includes- social history- social history

ProceduresProcedures- criminal history- criminal history- prior probation history- prior probation history- current crime- current crime

9.9. Pleas in courtPleas in court- different pleas can be made- different pleas can be made

a. a. Not guiltyNot guilty - most common plea- most common plea - allows plea bargaining- allows plea bargaining - reduced sentence - reduced sentence

recommendationrecommendation

ProceduresProceduresb. b. GuiltyGuilty

- admits guilt- admits guilt- accepts responsibility- accepts responsibility

c. c. Nolo contendereNolo contendere- guilty- guilty- cannot be used in civil trial- cannot be used in civil trial

d. d. Standing muteStanding mute- will not enter plea- will not enter plea- court enters “- court enters “not guiltynot guilty””

ProceduresProcedurese. e. InsanityInsanity

- “- “not guilty by reason ofnot guilty by reason of . . . .” . . . .”- mental hearing- mental hearing

f. f. Statutory limitationsStatutory limitations- statute of limitations expired- statute of limitations expired- set period of time for each crime- set period of time for each crime

g. g. Alford PleaAlford Plea ( (Washington stateWashington state))- saying not guilty- saying not guilty- evidence will show otherwise - evidence will show otherwise

ProceduresProcedures10.10.Presenting evidence at trialPresenting evidence at trial

- foundation must be established- foundation must be established

a. a. TestimonyTestimony- to show evidence is part of case- to show evidence is part of case- witness will testify - witness will testify - prosecution requests admittance- prosecution requests admittance

b. b. Three criteriaThree criteria- relevant / material / competent- relevant / material / competent- judge decides- judge decides

ProceduresProcedures(1) (1) RelevantRelevant

- it is applicable to the issue in - it is applicable to the issue in questionquestion- applies to the case- applies to the case

(2) (2) MaterialMaterial- it has a legitimate bearing on - it has a legitimate bearing on the casethe case

(3) (3) CompetentCompetent- legally fit for presentation in - legally fit for presentation in court court

ProceduresProceduresd. d. Rules of evidenceRules of evidence

(1) (1) Real evidenceReal evidence

- physical objects- physical objects

(2) (2) Testimonial evidenceTestimonial evidence

- sworn statements in court- sworn statements in court

(3) (3) Direct evidenceDirect evidence

- eyewitness / DNA / fingerprints- eyewitness / DNA / fingerprints

ProceduresProcedures(4) (4) Circumstantial evidenceCircumstantial evidence

- fact reasonably inferred- fact reasonably inferred

(5) (5) Hearsay evidenceHearsay evidence

- that which is told to another- that which is told to another