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Criminal Justice. What is it and how does it impact me?. Criminal Justice in New York City. http://www.5min.com/Video/The-Criminal-Justice-System-in-New-York-303377541 Criminal Justice in America http://www.youtube.com/watch?v=tm2tS84Qvf0. Law Enforcement Careers.
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Criminal Justice What is it and how does it impact me?
Criminal Justice in New York City • http://www.5min.com/Video/The-Criminal-Justice-System-in-New-York-303377541 • Criminal Justice in America • http://www.youtube.com/watch?v=tm2tS84Qvf0
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What is Criminal Justice? • Criminal justice is the application or study of laws regarding criminal behavior. • Those who study criminal justice include the police, those working in a judiciary capacity, and lawyers who either defend or prosecute those accused of a crime. • It is important that the criminal justice system includes the word justice, since laws applied to those accused of a crime should be fair.
Justice also refers not only to the fair trial we are supposed to receive, but also justice for victims of a crime • All involved in the arrest, prosecution, defense or judgment of a suspect aim to be fair. • However, this goal is not always met
Criminal justice system • The criminal justice system consists of three main parts: • (1) law enforcement (police); • (2) adjudication (courts); • (3) corrections (jails, prisons, probation and parole). • In a criminal justice system, these agencies operate together both under the rule of law and as the principal means of maintaining the rule of law within society.
Policing • The first contact an offender has is usually with the police • Police are primarily concerned with keeping the peace and enforcing the law • When necessary police officers are empowered to use force and other forms of legal coercion to maintain public and social order
Courts • Who are the key people in a Court Room? • The courts serve as the place (venue) where disputes are settled and justice is administered. • There are a number of important people in any court setting. • These include the judge, prosecutor, and the defense attorney. • The judge is a whose function is to objectively administer the legal proceedings, make sure the rights of the accused are protected, decide on evidence to be presented, control the actions of the lawyers, and charge the Jury
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporation. • It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. • A defense attorney advises the accused on the legal process, explains the likely outcomes for the accused, and suggests strategies for his defense.
The accused, not the lawyer, has the right to make final decisions regarding whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases. • In the U.S. a jury can never find a defendant "innocent" only "not guilty“
Those who cannot afford a private attorney will be provided one by the state. • Some cases can be disposed of without the need for a trial. In fact, the vast majority are. • Why do people look to Plea Bargain? • If the accused confesses his or her guilt, a shorter process will be used and a judgment will be delivered more quickly.
Some nations, such as America, allow plea bargaining, and as a result is given a reduced punishment, especially if the prosecution's case is weak or if they testify against other people. • Many nations do not permit the use of plea bargaining, believing that it forces innocent people to plead guilty in an attempt to avoid a harsher punishment.
The Court Process • When a suspect is arrested the Prosecutor must file a complaint (a document stating that an offense has been committed by the person) • In about half of the states in this country An Information is then used. • A document that outlines the formal charges, the laws that were broken, and the evidence to support the charges.
In the other half of the states a Grand Jury is used to indict a suspect. • Grand Juries hear the evidence and decide if there is enough evidence to go to trial. Usually 23 people vote, and majority rules.
The Pretrial Process • After the charge (s) have been filed the suspect (now called a defendant) is brought before a lower court judge to hear the charges filed and to be informed of their constitutional rights. • In a felony case, they also determine if Bail should be set. • The suspect then is scheduled for an arraignment to enter a plea.
About 90% of defendants plead guilty in the arraignment and enter a Plea Bargaining arrangement. • A reduced punishment is given in exchange for sparing the State the expense of a trial. • If a defendant pleads not guilty or not guilty by reason of insanity a trial date is set.
If the defendant is found guilty as charged the Judge will then sentence the defendant. • If found not guilty the defendant is released and is a free person. • A defendant can never be charged with that crime again, even if they admit later they were guilty.
Corrections • A judge can not impose any sentence they want. They must take into consideration Common Law (past sentences in similar cases, their own personal characteristics, and the history of the defendant. • There are 5 types of punishments in the United States: • 1. Fines • 2. Probation
3. Intermediate Punishments (harsher than probation but not imprisonment) Ankle monitors, curfews, counseling, anger management. • 4. Imprisonment • 5. Death Penalty
Defendants found guilty can appeal their conviction based on either; • A. Legal grounds (defects in jury selection, improper admission of evidence at trial, or mistaken interpretation of the law) • B. Constitutional grounds (illegal search and seizure, improper questioning of the defendant by the police, a defective police lineup to identify the defendant, or incompetent counsel)
In this case an Appellate Court hears the appeal and can; • Let the verdict stand, modify the verdict, reverse the verdict, or reverse the decision and Remand (return) the case to the original jurisdiction for a retrial or resentencing. • A defendant sent to prison may be eligible for Parole.
What are the different Types of Criminal Offenses • there are three basic classifications of criminal offenses – • felonies, misdemeanors and infractions. • They are separated from each other by: • the seriousness of the offense and, • the amount of punishment for which someone convicted of the crime can receive.
Felonies are the most serious classification of crimes, • punishable by incarceration of more than a year in prison and in some cases life in prison without parole and even execution. • Both property crimes and person crimes can be felonies. • Murder, rape and kidnapping are felony crimes, but armed robbery and grand theft also can be felonies
Anyone who aided or abetted the felon before or during the crime can also be charged with a crime • Just as anyone who became accessories of the crime after it was committed, for example anyone who helped the felon avoid capture. • Misdemeanors are lesser crimes for which the maximum sentence is 12 months or less in jail.
The difference between misdemeanors and felonies has to do with the seriousness of the crime. • Aggravated assault (beating someone with a baseball bat, for example) is a felony, while simple battery (slapping someone in the face) is a misdemeanor. • an arrest for driving under the influence is usually a misdemeanor, but if anyone was hurt or killed or if it is not the driver's first DUI offense, it can become a felony.
Infractions are crimes for which jail time is usually not a possible sentence. • Sometimes known as petty crimes, infractions are usually punishable by fines, which can be paid without even going to court. • Most infractions are local laws or ordinances passed to deter dangerous or nuisance behavior, such as setting speed limits in school zones, no parking zones, traffic laws or anti-noise ordinances.
The Cost of Criminal Justice • http://topics.myfoxboston.com/m/37153410/prison-costs-more-than-college-in-fla.htm