Dynamics of the Criminal Justice System

1. Dynamics of the Criminal Justice System MN Victim Assistance Academy Presenter: Kelly Nicholson

2. Learning Objectives • Debunk the “Law and Order” CJS we’ve all come to know • Understand how a case gets processed through the system • Identify how the system and its players impact victims

3. What is it? • Our society’s method of addressing crime and promoting public safety. • Prevent and respond to crime • Identify, apprehend, and prosecute persons who commit crimes • Incarcerate and supervise convicted offenders with efforts to rehabilitate and hold them accountable

4. There is no single set of criminal justice procedures uniformly throughout the United States. • The criminal laws of a state are limited to those offenses which occur in their entirety or in part within that state. The federal criminal law has a territorial reach that extends through the U.S. and its territories.

5. Seven key phases • Law Enforcement • Prosecution • Judiciary and courts • Probation • Institutional corrections • Parole • Appellate courts

6. Law Enforcement • Different levels: federal, state, local • First responders • Gatekeepers • Three primary functions: • Protect life and property • Prevent crime • Apprehend offenders • Refer cases to prosecutors

7. Investigations • Once a report is made to police, they must: • Investigate • Interviews: suspect, victim, witnesses • 911 calls • Photographs • Forensic evidence • Determine Probable Cause (PC) • Whether a crime was actually committed • If so, is there sufficient information identifying who committed the crime

8. Arrest • Taking a person into custody for the purpose of charging them with a crime. • Must have P.C. • If not arrested immediately, can later with an arrest warrant • What happens when an arrest is made? • 48 hr rule • Miranda warning • Credit • Booking

9. Prosecutors • Different levels: • Attorney General (federal and state) • County • City • Primary role is successful prosecution of a case, representing the interests of the state • Not the victim’s attorney

10. Charging Process • Jurisdiction • Nature of crime and severity level determine where the case is sent • Misdemeanors/gross misdemeanors=city • Some gross misdemeanors/felonies/child victims/juvenile offenders=county • Attorney is the only one with authority to make decision

11. Charging cont. • Attorneys are ethically bound to ONLY charge cases where there is a strong likelihood of a conviction at trial, which means they have to prove a case Beyond a Reasonable Doubt • Charging philosophy

12. Crime • “Crime” means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. • “Felony” means a crime for which a sentence of imprisonment for more than one year may be imposed.

13. “Gross Misdemeanor” means any crime which is not a felony or misdemeanor. The sentence is not more than one year imprisonment and a maximum fine of $3,000. • “Misdemeanor” means a crime for which a sentence is not more than 90 days in jail or a fine if not more than $1,000, or both • “Petty misdemeanor” means an offense prohibited by statute, but does not constitute a crime. Punishment is not over $300

14. Criminal Complaint • Warrant, summons, order of detention • Identifies defendant, address, DOB • Lists crime(s) charged and MN Statutes • Provides maximum penalty • Contains Probable Cause • Public document

15. Grand Jury • Does not determine guilt or innocence, but whether or not there is PC to indict. • Panel consists of 16-23 people • Decision to indict or “no bill” does not have to be unanimous, but 12 people must agree. • Confidential proceedings • Jurors can ask questions • Prosecutor presents information

16. You Decide • Charging activity • Based upon the facts you are given, you need to decide • if you are going to charge the offender • if so, with what charge(s)?

17. Criminal Vehicular Operation • §609.21 • Subdivision 1. Criminal Vehicular Homicide or operation; crime described: • A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:

18. CVO cont. • (1) in a grossly negligent manner; • (2) in a negligent manner while under the influence of: • (i) alcohol; • (ii) a controlled substance; or • (iii) any combination of those elements; • (3) while having an alcohol concentration of 0.08 or more; • (4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

19. CVO cont. • (5) in a negligent manner while knowingly under the influence of a hazardous substance; • (6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person’s body; • (7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

20. CVO cont. • (8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance.

21. Great Bodily Harm §609.02, subd. 8 Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. • Substantial Bodily Harm §609.02, subd. 7a Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member • Bodily Harm §609.02, subd. 7 Means physical pain or injury, illness, or any impairment of physical condition.

22. Reckless Driving • §169.13 • Subd.1 – Reckless Driving (a) any person who drives any vehicle in such a manner as to indicate either a willful or a wonton disregard for the safety of persons or property is guilty of reckless driving and such reckless driving is a misdemeanor. (b) A person shall not race any vehicle upon any street or highway of this state. Any person who willfully compares or contests relative speeds by operating one or more vehicles is guilty of racing, which constitutes reckless driving…

23. Careless Driving • §169.13 • Subd. 2 – Careless Driving: Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle.

24. Gross Negligence • Failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others

25. Judges • Fair and unbiased decisions • Oversees criminal process • Ex parte communications not allowed • Makes decisions based upon their interpretation of law, rules of evidence, rules of procedure • Decides bail, to appoint public defender, motions, admissibility of evidence, sentence, timing of case

26. Defense Counsel • 6th Amendment to U.S. Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense.” • It is their duty to defend their client’s constitutional and other legal rights in the most competent manner possible.

27. First Appearance/Rule 5 • Judge verifies name & identity of defendant • Formally advised of charges • Advised of constitutional rights • Allowed to apply for a public defender • Bail or other conditions of release set by the court • Given a date for their next court appearance

28. Bail • ROR/RPR • Bail evaluation • A feasible amount necessary to assure reappearance at the next hearing. • Not punishment • Judges must also consider conditions of release instead of bail • Non-monetary conditions and restrictions on liberty. • No use, testing, no contact, take meds,

29. Bail cont. • MN Rules of Criminal Procedure Rule 6.02 the judge shall use available information regarding: • Nature & circumstances of the offense • Weight of the evidence against the accused • Accused’s family ties • Employment, financial resources, residence • Character and mental condition • Criminal history, prior warrants/ct. appearances • Safety of a person or the community

30. Omnibus (Evidentiary) Hearing • Discovery: investigation materials and any other information or evidence relating to the charged offense • To defendant’s opportunity to contest any of the evidence brought against him and/or PC • Defendant must enter an official plea

31. Plea Negotiations • Settlement Conference • Why? • Advantages • disadvantages • Dismissing charges, some lesser includeds

32. Alford Plea • Defendant does not admit to committing the crime (guilt), but acknowledges that sufficient evidence exists for a judge or jury to find the defendant guilty if the case were to go to trial.

33. Norgaard Plea • Defendant does not admit to committing the crime (guilt), but acknowledges that it’s possible. They are not able to remember their actions due to being extremely intoxicated or under the influence of chemicals.

34. Trial • Fact finding process aimed at determining if the defendant is guilty of the charged offense. • Jury or Judge (Court) • Good cases don’t go to trial

35. Trial Process • Jury selection • Jury swearing in/preliminary instructions • Opening Statements • Prosecution • Defense • Closing arguments • Jury instructions • Jury deliberations • Verdict

36. Trial cont. • Trial prep • Cross examination • Sequestration • Defense investigators • Spreigl witnesses • Defendant’s right to remain silent • Witness criminal history • Difficult/uncooperative victims/witnesses • Primary goal and only rule - TRUTH

37. Proof Beyond A Reasonable Doubt • Presumption of innocence • Not “fanciful or capricious” doubt. Not beyond all possible doubt. • Proof of such a convincing character that it gives you a high level of certainty that you would be willing to rely and act upon it in making decisions in the most important personal affairs.

38. Verdicts • NOT GUILTY • Charges are dismissed • Double jeopardy • GUILTY • Pre-sentence investigation • Bail • Sentencing

39. Pre-Sentence Investigation (PSI) • Corrections dept. • 6-8 weeks • Psych/CD eval/Psycho/sexual eval • Background information • Family, education, employment, chemical use, criminal, mental health • Def’s version of crime • VIS • Correction’s recommendation

40. Sentencing • MN Sentencing Guidelines • Aggravating Factors • Dispositional and/or Durational departures • Blakely v. Washington (2004) • Except for certain crimes (kidnapping), multiple victims, typically can only be sentenced for one crime incident.

41. Restitution • Actual out-of-pocket expenses • Affidavit or written request • Judge orders • Corrections or other dept. may be responsible for determining amount after sentencing. • Defendant can contest amount • May require a restitution hearing • Determine your county’s payment process

42. Victim Impact Statements • Judges vary on what is acceptable • Who can speak • Format • Length • Method • Preparation is key

43. Post-sentencing • Appeal • Court of Appeals • MN Supreme Court • US Supreme Court • Probation violations • Post-conviction issues