Chapter 2

1. Chapter 2 The Organization of the Criminal Justice System

2. The Courts • Trial Courts – judicial tribunals usually presided over by one judge who conducts proceedings and trials in civil and criminal cases with or without a jury. • Appellate Courts – judicial tribunals that review decisions from lower tribunals. There are 13 Federal Judicial Circuits.

3. The Courts • Courts of General Jurisdiction – courts that conduct trials in felony and major misdemeanor cases. Also refers to courts that have jurisdiction to hear civil as well as criminal cases. • Courts of Limited Jurisdiction – courts that handle pretrial matters and conduct trials in minor misdemeanor cases.

4. Court Rules • Rules of Procedure – rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings. • Appellate Rules of Procedure – Rules which govern the methodology and procedure of appeals.

5. Federal Courts • United States Supreme Court • highest court in the U.S. • nine justices review the decisions of lower federal courts and many decisions of the highest courts of each state. • Writ of Certiorari – writ issued by appellate court to grant discretionary review of a case decided by lower court.

6. Federal Courts • US Courts of Appeal • Reviews cases appealed from the federal district courts • Federal Trial Courts • The court of original jurisdiction

7. State Court • Supreme court • District court • Magistrate or small claims court • Administrative Law Court

8. Police Encounters • Voluntary – No reason. • Terry Stop - Reasonable Suspicion – police officer’s belief based on all relevant circumstances that criminal activity is afoot. • Arrest - Probable Cause – reasonable ground for belief in certain alleged facts.

9. Initial Stage of the Criminal Process • Arrest • Police action to take someone into custody. • Trial Information • document filed by prosecutor under oath charging one or more people with commission of a crime. • Indictment • a Formal document handed down by a grand jury accusing one or more people of the commission of a crime.

10. Miranda Warnings • A warning given by police to people who have been taken into custody before interrogation.

11. Court Encounters • Grand Jury • group of citizens convened either to conduct an investigation or to determine if there is sufficient evidence to warrant prosecution of an accused. • They can issue an indictment or refuse to do so.

12. Stages of the Criminal Process • Initial Appearance – first appearance after arrest of the accused before a judge. • the defendant is • informed of the charges • right to counsel • and a determination is made as to bail. • Pretrial Release – obligation to appear in court of law at a given time.

13. Stages of the Criminal Process • Preliminary Hearing – hearing held to determine whether there is sufficient evidence to hold an accused for trial. • Arraignment – appearance before a court of law for the purpose of pleading to a criminal charge. • Defendant has four options: • Plead guilty • Plead not guilty • Plead nolo contendere – no contest • Remain silent – court enters a plea of not guilty

14. Stages of the Criminal Process • Plea Bargain – agreement between a defendant and prosecutor where the defendant agrees to plead guilty in exchange for some concession (reduction in number of charges).

15. Pretrial Motions • Pretrial Motions – request for a ruling or order before the commencement of trial. • Dismiss charges • Suppression of evidence • Change of venue • Continuance • Inspect minutes of grand jury proceedings • Request psychiatric evaluation of accused • Request closure of pretrial proceedings • Inspect evidence in hands of prosecution

16. Stages of the Criminal Process • Trial Jury – fixed number of citizens, 6 – 12, selected according to law and sworn to hear the evidence presented at a trial and to render a verdict based on the law and the evidence.

17. Stages of the Criminal Process • Jury Selection – (Venire) process of selecting prospective jurors at random from lists of people representative of the community. • Voir dire - to speak the truth. Prospective jurors are questioned by counsel before being selected to serve on jury. • Peremptory Challenges – objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection. • Challenges for Cause – objection to a prospective juror on some specified ground.

18. Conduct of trial • Exigent Circumstances – situations that demand unusual or immediate action. • Exclusionary Rule – judicial doctrine forbidding the use of evidence in a criminal trial where the evidence was obtained in violation of defendant’s constitutional rights.

19. Trial Procedures and Adjudication Terms • Reasonable doubt – doubt that a reasonable person might entertain in regard to the veracity of a proposition after hearing the evidence. • Cross-examination – process of interrogating a witness who has testified on direct examination by asking questions concerning testimony given. Designed to bring out bias or inconsistencies in the witness’ testimony.

20. Sentencing • Pre-sentence investigation – An investigation held before sentencing a criminal to aid the court in determining the appropriate punishment. • Indeterminate sentencing – A prison sentence for indeterminate periods until officials determine that rehabilitation has been accomplished. • Determinate sentencing – A judge sets a fixed term of years within statutory parameters and offender must serve that term without early release.

21. Stages of the Criminal Process Appeal and Discretionary Review • Right to appeal – statutory right to appeal decisions of lower courts in certain circumstances. • Harmless errors – errors that occur that do not materially affect the court’s decision. Postconviction Relief • Writ of habeas corpus – requires party be brought before the court. Primary function is to release a person from unlawful confinement.