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Criminal Justice Case Study

By tlay1113 Nov 29, 2009 2729 Words
Crime= conduct that violates criminal law for which there is no legally accepted justification or excuse. The criminal law has to written in order to be violated
1850-1880 crime epidemic and social upheaval caused by immigration Prohibition yrs:
Widespread organized crime
War protests
Civil rights era increased concern for rights of women and ethnic racial minorities 70-80s
FBI data indicate a considerable increase in murders, rapes, and assults Americans demanded law and order
In contemporary American society there is a need to:
Create balance between individual rights and public order
Individual rights and public order
ACLU practice for individual rights
Individual rights advocates seek to protect personal freedoms and civil rights Public order
Society has a valid interest in preventing future crime in public safety Justice=principle of fairness, the idea of moral equity
Social justice embraces all aspects of civilized life and is linked to fundamental notions of fair and cultural beliefs of right and wrong Components of social justice
Civil justice
Deals with fairness in relationships between citizen’s government agencies and business in private matters Criminal justice
Concern for violations of the criminal law
3 components of criminal justice
Law enforcement
3000 BC and before
No written history or rules
Only pictures and oral
Were tribes “civilization and villages?
Breaking rules
Would be punished upon breaking rules by: death banishment Retribution/eye for an eye
Monetary or physical
One of the 1st to develop an empire that had a king (Hammurabi) Code of law/1st system of justice and crime that was written Death being the primary punishment
1000 BC
Had written codes of justice
Developed democracy
Had officials that were involved with development
But were still very brutal in their punishment
Had prisons/dungeons
Dark ages
Renaissance 1500-1600’s
Reformation 1600-1700 Protestantism came about and spread
Trial by ordeal (ex: put in a certain situation and if survived or not affected then would not be punished for crime and assumed innocent) Inquisition/ to inquire if the person was indeed guilty of charges being brought up on (tortured to get an admission of crime from the person) Death used less

Torture (OUTLAWED)
1700-1800 (age of reason) human rights
1800 -present (modern)
Prison mostly used for punishment
Decline of Catholic Church influence (people became Protestants) Death only on serious offenses (people were hung)
How the justice system interacts:
Consensus model assumes cooperation among all components of the system toward a common goal The systems model
Conflict model assumes all components are self serving and complete for limited resources The non system model
Police investigation and arrest
Police become aware of a law violation of law through either: Proactive law enforcement (advanced planning)
Reactive law enforcement (usually until the crime happens) No one is above the law not even the police
The U.S. constitution was designed to protect against abuses of police power Restraints on police behavior:
Help to ensure individual freedoms
Must be balanced against the need for police to effectively do their jobs The us constitution especially the bill of rights is designed to protect citizens from abuse in police power Due process is required by 4th 5th 6th and 14th amendments (Every steps to and must be followed that are needed to convict a criminal) Courts provide an area for dispute resolution between individuals and between citizens and government agencies Courts also deal with issues involving rights violations which have become the basis for dismissal of charges acquittal of defendants or release of convicted offenders upon appeal Police and due process

Most due process requirements relevant to the police involve: Evidence and interrogation (search and seizure)
Landmark cases (decided by the fed supreme court) clarify “the rules of the game” the procedural guidelines by which the police and the rest of the justice system must abide The court addresses only real cases and does so on a writ of certiorari. Search and seizure the 4th amendment

This amendment is to protect one’s privacy from unreasonable search and seizures Must have a legal search warrant to search persons home and papers The officers that are doing the search must have the address, name, and the officers name must appear on the search warrant items seized must be mentioned on the warrant if necessary The exclusionary rule

Illegally seized evidence by police cannot be used in trial (admissible) This rule acts as a control over police behavior
The 14th amendment due process applies to local police not just federal officers When law enforcement officers have acted in good faith the evidence they collect should be admissible even if they later it is found that the warrant they used was invalid (Ex: if informant gave the wrong address to search)

Plain view doctrine
Objects falling in plain view of an officer who has the right to be in the position to have the view are subject to seizure and may be introduced as evidence The plain view doctrine applies only to sightings by the police under legal circumstances Emergency searches of prop

3 threats provide justification for emergency warrant searches: Clear Danger of life
Clear danger of escape
Clear dangers of removal or destruction of evidence (already in pursuit and criminal is trying to discard evidence) 11/02/09
The 4th amendment
The right of the people to be secure in their person’s houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized Protects ones privacy from unreasonable searches

Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure Arrest
An arrest occurs when a law enforcement officer restricts a person’s freedom to leave it is: The act of taking an adult or juvenile into custody by authority of law for the purpose of charging the person with a criminal offense a delinquent act or a status offense terminating with the recording of a specific offense The “terry” stops

Reasonablesuspicion is needed to “stop and frisk”. The facts must lead officers to suspect that crimes may be occurring and that suspects may be armed Justification:
“We cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest” Officers may not stop and question an unwilling citizen whom they have no reason to suspect of a crime FBI guidelines for conducting emergency warrantless searches of persons All of the following conditions must apply.

At the time of the search there was a probable cause to believe that evidence was concealed on the person searched At the time of the search there was a probable cause to believe an emergence threat of destruction of evidence existed The action was no greater that necessary to eliminate the threat of destruction of evidence Fleeting targets: vehicle searches

Investigatory stops of vehicles required reasonable suspicion Mobility of vehicle would allow them to quickly flee
Warrants are necessary if time and circumstances permit them If probable cause exists or by permission warrantless vehicle searches can extend to any area of the vehicle including The trunk
Glove box
Sealed containers within the vehicle
Roadblocks and checkpoints
The 4th amendment prohibits even a brief seizure of a motorist under a program whose primary purpose is ultimately indistinguishable from the general interests Info seeking or preventing a crime

Police gather info from many sources including informants and interrogation Totality of circumstance means that the judge will look at all the info from the search and see if everything was legal and done correctly Interrogation refers to the info gathering activity of police that involves the direct questioning of suspects During an interrogation there must be no

Physical abuse
Inherent coercion
Phych manipulation
A defendant is entitled to counsel at police interrogations and counsel should be provided when the defendant so requests The right to a lawyer at interrogation
“The entire aura and atmosphere of police interrogation without notification of rights and an officer of assistance of counsel tends to subjugate the individual to the will of this examiner” Prior to custodial interrogation a person must be informed of his or her rights (Miranda triggers) Waiver of Miranda rights

A waiver of Miranda rights can be done if such a waiver is voluntary knowing and intelligent Silence alone is not a waiver
Non testimonial evidence
Nontestiomonal evidence generally refers to physical evidence including personal items that may be within or part of a person’s body such as: Ingested drugs
Foreign objects
Medical implants
Concerns over-non testimonial evidence involve
Right to privacy issues
Body cavity searches
Electronic eavesdropping
Electronic evidence
The USA patriot act of 2001
The patriot act of 2001 made it easier for police investigators to intercept many forms of electronic communication The USA patriot act 2
The provisions of the patriot act Contained sunset clauses set to expire in 2005 the 2006 USA patriot act reauthorization 11/9/09
Laws are found in statutory provisions and constitutional enactments as well as hundreds of yrs of ruling by courts at all levels Statutory law = written or codified law on the books as enacted by government body or agency having the power to make laws the written form of criminal law is the penal code Casew law law that results from judicial decisions

Judicial precedent
Built on legal reasoning and past interpretations of stat law Guides decision making especially in the courts
Common law the tradional body of un-written precedents
Criminal law/penal law
Civil law
Administrative law
Case law
Procedural law
Compensatory damage
Punitive damage
Administrative law= body of regulations that govern business and individuals Procedural law= stat law that regulates the processing of an offender by the criminal justice system General rules

Search and seizure
Procedures to be followed during and after
Treason and espionage are federal crimes
Murder 1= intentionally (planned murder)
Chapter 7
Dual court system
The US has courts on both the fed and state levels
This dual system reflects the states need to retain judicial autonomy separate from the fed government US courts of appeals there are 12
94 district courts including 3 territoral courts(basic fed trial courts) The jurisdiction of a court refers to those cases in which it may exercise lawful authority Determined by statue or constitution

The development of state courts
By 17776 each american colony had its own court system through trained lawyers were lacking After the american revo these courts provided the basis for a system of states courts Original jurisdiction= the lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts State trial courts

Enters pleas
Conduct trials
2 types of trial courts
Courts of limited or special jurisdiction(lower courts)
Courts of general jurisdiction
Lower courts
Rarelt hold jury trials
Do not maintain detailed records of proceedings just charge plea finding and sentence Less formal than higher courts
State trial courts of jurisdiction
Also called high courts circuit courts or superior courts
Formal courts that make full use of juries witnesses prosecutors defense attorneys and other actors Trial courts of general jurisdiction operate under the adversarial process( opposing) Most state appelate systems consist of intermediate and high level appellate courts All states have supreme courts

39 states have courts of appeal
Appeal= request by defendant to a higher court asking it to review the actions of a lower court Some cases involving death or life are automatically appealed (The prosecution can appeal as well)

Results of appeals
Most convictions are confirmed
Some decisions are reversed and cases remanded(sent back ex: can release prisoner or enter in more evidence and re tri the case) Resource may be to a state supreme court
Generally the state supreme court is the “court of last resort” State court admin manage the operational functions of the court Federal court system
Federal courts are to have jurisdiction over arising under the constitution federal law and treaties Fed courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state Structure of the fed court system:

Us supreme court(supreme law of the land)
Us courts of appeals
Us district courts
The us supreme court consist of nine justices
8 associate justices
One chief justice
Justices r nominated by the president confirmed by the senate and serve for life Judicial review
The powere of a court to review actions and decisions made by other agencies of government It’s the greates power of the supreme court
The formal court’s power of judicial review was not built into the constuion in 1803 by case Marbury vs. madison Pretrial activities:
1st apperance
Pretrial release and bail
Grand jury
Preliminary hearing
Arraingment and plea
First apperance
Defendets r brougth before a judge and:
Formally notified of charges
Advised of rigths
Opportunity given to retain council
May get a bail
Most defendents r given the opp for pretrial release
Pretrial release decisions consider risk of flight or non apperance in court and risk to public safety (seriousness of pending charges,prior record,info on the defendant,available sipervisory options if relesed) Most defendant are granted pre trial release

Grand juries
Used by the fed gov and about half of the states and grand juries Made of private citizens(23)
Preliminary hearing
States that do not use grand juries rely on preliminary hearings They give the defendant an opp to challenge the legal basis of his detention Arraingment the first apperance before the court with authority to try the case 2 purposes (inform suspect of specific charges,allow defendents to enter a plea) Pleas:

Not guilty
Nolo contendere(no admitance of guilty or not guilty)
Plea bargaining
Getting to a deal when confessing to the crime with the prosecutor and the court Plea bargining circumvents the trial process and dramatically reduces the time reqiured Waiver of jury trial
Sentencing-the imposition of a penalty on a convicted criminal following an impartial judicial process or proceding Most sentencing dedcisions are ade by a judge through some cases such as death penalty cases juries are required Traditional sentencing options

A goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment Overall goal is crime prevention
Deterrence types/ specific,general
Speciffic/seeks to prevent recidivism-repeat,offending by convicted offender General deterrence/tries to influence the behavior those who have not yet commited a crime yet may be tempted Rehab

The attempt to reduce the # of crimes by charging the behavior offence 2 types of sentencing:
Indeterminate=allows judge to have wide range,sentence often give a range ex:10-20yrs,probation and parole are options Degrees of guilt can be taken into account
determinate(fixed)= a model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or good time earned (under model for example all offenders convicted of the same degree of burglary would be sentenced to the same length of time) Aggravating and mitigating

Aggravating/circumstances relating to the commission of a crime that makes it more grave then the average(tougher sentence) Mitigating/circumstances relating to the commission of a crime that may be considered to reduce the blame wittiness of the defendant and call for lesser sentence Fed sentence guide

Est. 1984 took effect in 87
Limits federal judges discrection
Reduce disparity
Promo consistency and uniformity
Increase fairness and equity
Melendez vs us 1996
Some states have the 3 strike law which require a mandatory sentence Death penalty was banned in 1976 lasted for 3-4 yrs and was reinstated by the supreme court was an option upon states of which states would convert back.

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