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CRIMINAL JUSTICE SYSTEM. Learning Domain 2. CONSTITUTIONALLY PROTECTED RIGHTS. __________: First 10 Amendments to the Constitution ratified December 1791 L/E power: 1. “power to arrest” 2. “power to use ___________________” Comes from the will and consent of the people
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CRIMINAL JUSTICE SYSTEM Learning Domain 2
CONSTITUTIONALLY PROTECTED RIGHTS • __________: First 10 Amendments to the Constitution ratified December 1791 • L/E power: • 1. “power to arrest” • 2. “power to use ___________________” • Comes from the will and consent of the people • L/E bound to protect rights & freedoms ofall individuals
AMENDMENTS • FIRST AMENDMENT • Freedom of Religion • Freedom of _________ • Freedom of the Press • Freedom of Assembly • Right to petition government for a redress of grievances
AMENDMENTS • FOURTH AMENDMENT • Freedom from ___________ searches and seizures • However, does not give absolute right to privacy nor prohibit all searches
AMENDMENTS • FIFTH AMENDMENT • Right to be told of charges at the time of arrest • Freedom from being tried twice for the same crime (double jeopardy-protection against 2nd prosecution after acquittal or conviction) • Freedom from self-incrimination • _____________________________
AMENDMENTS • SIXTH AMENDMENT • Right to a speedy & public trial • Right to be informed of accusations against them • Right to a public trial by an impartial jury • Right to confront accusers/witnesses • ___________________ • Right to subpoena witnesses for your defense
AMENDMENTS • EIGHTH AMENDMENT • Freedom from excessive bail & fines • Freedom from cruel & ____________ ____________
AMENDMENTS • Fourteenth Amendment-1868 • Right to due process before being deprived of life, liberty or __________ • Can not deny __________ to any person • Right to equal protection of the law
COMPONENTS OF THE JUSTICE SYSTEM • LAW ENFORCEMENT • JUDICIAL/COURTS • CORRECTIONS
COMPONENTS & PRIMARY GOALS • Guarantee Due Process • Prevent Crime • Protection of Life and Property • Apprehend Offenders • Enforce The Law • Dispense Equal Justice • Assure _______________
LAW ENFORCEMENT COMPONENT • OBJECTIVES • Protect Life and Property • _________________ • Maintain order • Enforce the law • Arrest violators of the law • Assure Victim’s rights
LOCAL L/E POSITIONS • Municipal police • Sheriff’s Depts. (coroner/marshal) • School Districts • Airport police • Port Authority • Housing police • DA investigators, _______________
STATE AGENCIES • Dept of Justice • Office of the Attorney General-Maintains law and order • Division of Law Enforcement-________ ________________ • POST-Establishes minimum selection and training standards for peace officers
STATE AGENCIES • California Highway Patrol • Provides for the safety of motorists on California highways • Department of Motor Vehicles • Registers motor vehicles • _____________________ • Enforces financial responsibility laws
FEDERAL AGENCIES • FEDERAL BUREAU of INVESTIGATIONS (FBI) • Investigates crimes involving Federal Law • DRUG ENFORCEMENT ADMINSTRATION (DEA) • Enforces Federal Laws & Investigates crimes involving illegal drugs & narcotics • U.S. MARSHALL SERVICE • Protects the ____________ & ensures the effective operation of the Federal Judicial System
FEDERAL AGENCIES • IMMIGRATION & NATURALIZATION SERVICE (INS) • Enforces immigration and naturalization laws • ALCOHOL, TOBACCO & FIREARMS DIVISION (ATF) • Investigates crimes involving Federal alcohol, tobacco and firearms laws. • ________________ • Provides protective services • Investigates crimes involving counterfeiting money and checks.
FEDERAL AGENCIES • U.S. Postal Service • Handles all aspects of mail delivery • Maintains the postal inspection service • __________________ • Investigates and enforces the law for specific branches of the military service
JUDICIAL COMPONENT • OBJECTIVES • Provide due process • Render fair judgments • Dispense just punishments • Assure victim’s rights • POSITIONS • ___________ • Prosecuting & defense attorneys
TRIAL COURT RESPONSIBILITIES • SUPERIOR COURTS- LOWER COURTS • Have original jurisdiction in all civil cases • Hear cases involving infractions, misdemeanors & felonies • Conduct arraignments and preliminary hearings in all cases • Handle all ______________
APPELLATE COURTS-Higher Courts • DISTRICT COURTS OF APPEAL • Handles all appeals from superior courts except those where a death sentence has been assessed • STATE SUPREME COURT • Has discretionary appellate jurisdiction to cases pending or decided by lower district courts or appellate courts • Resolves conflicts between courts of appeal
ORGANIZATION & POSITIONS • Judges-including referees, commissioners & pro-tems • Prosecuting Attorneys • Defense Attorneys
JUDICIAL PROCESS-CRIMINAL CASES • ARREST • ARRAIGNMENT • RIGHT TO BAIL • PRELIMINARY HEARING • INDICTMENT • TRIAL • SENTENCING • _______________
CORRECTIONS • OBJECTIVES • Confine/supervise inmates at correctional facilities • Rehabilitate prisoners • Supervise individuals on probation and parole • Assure victim’s rights • RESPONSIBILITIES • YACA-Youth & Adult Correctional Agency • CDCR-BOPT (Board of Prison Terms) = 21 & older • CYC-YOPB (Youthful Offender Parole Board) = ______________ • Local agencies