Criminal Justice system

1. Criminal Justice system Government 122

2. Standard SSCG21 • SSCG21 The student will describe the causes and effects of criminal activity. • Examine the nature and causes of crimes. • Explain the effects criminal acts have on their intended victims. • Categorize different types of crimes. • Explain the different types of defenses used by perpetrators of crime.

3. Standard SSCG21 • WHY DO PEOPLE COMMIT CRIMES? • Environment • Poverty • Discrimination • Stress • Learned behaviors • Response to Social Condition • Breakdown in law enforcement • HOW DOES CRIME IMPACT A VICTIM? • Fear • Injury • Loss • Search for Justice

4. Crime Categories • Crimes against Persons • Crimes against Property • Victimless Crimes • White Collar Crimes • Organized Crime

5. Types of Defense • The Insanity Defense implies that the individual was not of sane mind when committing the alleged crime and unable to comprehend the consequences of his/her actions; therefore, he/she should not be held criminally liable for the crimes committed during this time. • The Intoxication Defense argues that since the individual was intoxicated on a toxic substance, he/she should not be fully responsible for the actions committed while under the spell of the substance. • Self-Defense involves the act of protecting one’s self or family from harm. Self-defense is only a valid defense when the consequence of the alleged violation is proportionate to the defensive force or act.

6. Standard SSCG22 • SSCG22 The student will demonstrate knowledge of the criminal justice process. • Analyze the steps in the criminal justice process. • Explain an individual’s due process rights. • Describe the steps in a criminal trial or civil suit. • Examine the different types of sentences a convicted person can receive.

7. Criminal Justice System Types of Crimes • Petty Offenses – minor crimes usually punished with a ticket and fine (parking illegally, littering, disturbing the peace, minor trespassing, speeding) • Misdemeanors – more serious crimes that may be punishable by fine or imprisonment - usually up to 1 year and up to $1000 fine (vandalism, simple assault, writing bad checks, being drunk or disorderly) • Felonies – serious crimes punishable by lengthy prison sentences or capital punishment - the death penalty (burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, murder)

8. Rights of the Accused • 5th Amendment • Can’t be forced to incriminate themselves • Right to a grand jury (decides there is enough evidence for trial) • Can’t be tried for the same offense of law twice (double jeopardy) • Right to due process (fair treatment)  • 6th Amendment • must be told what crimes they have been charged with • have the right to a speedy and public trial • have the right to a lawyer • have the right to question witnesses

9. Criminal Justice System • Criminal Cases • Investigation and arrest warrant • Arrested and “booked” (charges are recorded) • Brought before judge to be formally charged • Grand Jury decides if enough evidence to hold a trial • Plea Bargaining takes place in about 90% of cases • Arraignment is held to read the formal charges and hear the plea of the accused (guilty, not guilty, not guilty by reason of mental defect) • Trial Begins Opening statements, witnesses and evidence presented, jury deliberates and decision is given to judge • Not Guilty – released • Guilty – Sentencing is determined by the judge or a sentencing trial is scheduled (eligibility for parole can be decided in sentencing phase)

10. Sentencing • Fines • Probation • A suspended sentence, which takes effect if conditions such as probation are violated • Payment of restitution to the crime victim • Community service • Drug and alcohol rehab • Incarceration in jail • Incarceration in prison (longer-term) • Death Penalty • Under the Violent Crime Control and Law Enforcement Act of 1994, the "Three Strikes" statute (18 U.S.C. § 3559(c)) provides for mandatory life imprisonment if a convicted felon: • been convicted in federal court of a "serious violent felony" and • has two or more previous convictions in federal or state courts, at least one of which is a "serious violent felony." The other offense may be a serious drug offense. • The statute goes on to define a serious violent felony as including murder, manslaughter, sex offenses, kidnapping, robbery, and any offense punishable by 10 years or more which includes an element of the use of force or involves a significant risk of force.

11. Civil Cases • Civil Cases are called lawsuits • Usually seeks damages – an award of money • Plaintiff – the person who brings the complaint • Defendant – the person being sued

12. Civil Cases • Hire a lawyer • File a complaint – • The plaintiff files this legal document • Defendant receives a summons – official notice of lawsuit • Defendant files an answer – a formal response to the charges or complaint • Pretrial Discovery • Both sides check facts, gather evidence • Resolution without Trial (90% of civil cases) • Settlement • Pretrial conference aimed at a settlement • Mediation – each side explains their position – arbitrator decides • Trial • Can be heard by judge or jury (6-12 people) • Each side presents their case • Judge or jury gives a verdict