Scheb and Scheb Criminal Law and Procedure 8 th edition

1. Chapter 2: Organization of the Criminal Justice System Scheb and Scheb Criminal Law and Procedure8th edition

2. Importance of federalism • Division of authority between states and the federal government • National government enforces federal laws • States can make their own laws • Cannot conflict with federal laws • Federal and state governments have legislatures, law enforcement agencies, prosecutors, defense attorneys, courts of law, and corrections. • Federal and state governments are limited by the U.S. Constitution.

3. Legislatures • Primary responsibility is to enact laws • There are 51 legislatures • Federal government • 50 states • Statutes – generally applicable laws • Federal laws prevail if there is a conflict • Enumerated Powers • Specifically mentioned in the U.S. Constitution • Implied Powers • Powers deemed to be necessary and proper

4. Table 2.1 Criminal Justice Agencies and Their Functions

5. State Legislatures • Legislature must be democratically elected • Most fundamental element of a “republican form of government” • Resemble U.S. Congress • Representatives are chosen by citizens • Bicameral (i.e. two-house) institutions • Exception: Nebraska is unicameral • Session Laws • Statutes are published in session laws • States codified common law by enacting statutes

6. Statutory interpretation • Rules developed by courts to determine the meaning of legislative acts • Plain meaning rule • Court must apply rule as written (no interpretation) • Canons of construction • Rules governing judicial interpretation • Legislative intent • Purpose of the law • Void for vagueness • Implied exception

7. Law Enforcement agencies • Charged with enforcing the law • Power to investigate, arrest, and detain arrested persons • Historical development • Based on English policing system • Local constables and county sheriffs • Peel Model - Profssionalization • Industrial revolution – technological advances • 1930’s motorcycles and patrol cars

8. Policing in Modern America • Nearly 20,000 federal, state, and local agencies with nearly 800,000 sworn officers • National level • Federal Bureau of Investigation • Department of Justice • U.S. Marshals Service • Special Agents • FBI • Cybersecurity • Protect computers and computer networks

9. Example: Cooperation between agencies • The FBI and the U.S. Marshal’s serve different purposes and work on different tasks. • The FBI investigates federal crimes, counter-terrorism, etc. • The U.S. Marshals Service is responsible for fugitive cases, court security, transportation of prisoners, and is the enforcement arm of the courts. • They also work cooperatively. Research at least one instance in which the combined efforts of the FBI and U.S. Marshal’s successfully solved a crime problem. Share with your classmates and discuss how the cooperation improved the chances of bringing charges against the offenders.

10. State and local policing • Law enforcement agencies that patrol the highways, investigate crimes, and furnish skilled technical support to local agencies • Sheriff • Usually elected and funded by local government • Police Departments Tasks • Law enforcement • Support for prosecutors • Order maintenance

11. Prosecutorial Agencies • Prosecutor • Empowered to initiate criminal charges and conduct prosecutions • Determines whether to bring charges • Determines what charges to file • Set the tone for plea bargaining

12. Federal and State • Federal Prosecutors • Attorney General • Prosecute crimes within a particular federal district • Appointed by the president with the consent of the Senate • State and Local Prosecutors • State attorney • Prosecute crimes at the local level • Typically elected

13. The Prosecutors Broad Discretion • Prosecutors at the state and local level are typically elected and therefore sensitive to community norms and expectations of their electorate • Example: Demand to be tough on crime • Discretion in who to charge with a crime • Discretion to not proceed with a case (nolle prosequi) • Discretion in what charges to file

14. Example: Kern County Child abuse cases • The problems with wide prosecutorial discretion are apparent on a daily basis, but some cases are especially noteworthy. • During the 1980’s the prosecutor Ed Jagels of Kern county prosecuted and convicted more than 36 people for child molestation charges. They all lived in the same community. Using his unbridled discretion he charged the defendants with numerous counts of child molestation and they spent many years in prison. • Eventually 34 convictions were overturned on appeal and some of the innocent persons received compensation for wrongful conviction. Two defendants died before the appeals hearings started. Ed Jagels remained in office until 2009. • How can the unbridled discretion of the prosecutor lead to the conviction of innocent people?

15. Counsel for the defense • Sixth Amendment guarantees the right to an attorney • High profile lawyers v. public defenders • Representation of indigent defendants • Gideon v. Wainwright (1963) • Arsinger v. Hamlin (1972) • Counsel • Some states appoint lawyers from the private bar • Most states have a public defenders officers

16. Gideon v. Wainwright (1963) • The U.S. Supreme Court reversed the conviction of Clearance Gideon because he did not have an attorney to represent him. • Hugo Black wrote the majority opinion: “the right of one charged with a crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is on ours.” • Established the right to counsel regardless of the ability to pay Jurisprudence

17. The role of defense attorneys • Is charged with zealously representing his or her client • Must ensure that the clients constitutional rights are protected • Must evaluate courses of action (e.g. plea bargain v. going to trial) • Gauge the strength of the prosecutors case • Advise client on the feasibility of a plea • Seek a fair sentence • File motions if applicable

18. Juries • Group of citizens convened for the purpose of deciding factual questions relevant to a civil or criminal case • Stems from the English common law • Juries hear evidence • Decide over guilt and innocence • Decide over punishment • Criminal (e.g. death penalty or life sentence) • Civil (e.g. monetary compensation)

19. Grant Jury versus trial jury • Grant Jury • Determine whether there is sufficient evidence to warrant prosecution • 16-23 jurors for federal grand juries • True bill – indictment • No bill – no indictment • Prosecutor can only move forward if they receive a true bill • Most states require a majority vote • Trial Jury (petit jury) • Determine guilt and innocence as well as punishment • 6 – 12 jurors • Impartiality requirement • Right to trial by jury does not pertain to juvenile delinquents

20. The Courts • Courts are the centerpieces of the federal and state criminal justice systems • Determine factual basis and legal sufficiency of criminal charges • Ensure due process of law • Trial courts • Original jurisdiction for trials • Pretrial and posttrial proceedings • Appellate courts • Hear appeals from the decisions of the trial courts

21. The federal court system • United States District Courts • Principle trial courts in the federal judicial system • Judge is appointed for life • Most cases are civil cases • The United States Courts of Appeals • The twelve appellate courts sit in specific geographic regions • Panel of judges, appointed for life, hear appeals • United States Supreme Court • Highest authority • Nine justices appointed for life • Heard 83 cases in 2011

22. Figure 2.1 The Federal Judicial Circuits Source: Federal Reporter, 2nd series (West Publishing Company).

23. Military tribunals • Responsible for adjudication of crimes committed by persons in military service • Court-martial • Military tribunal convened by a commander of a military unit • Uniform Code of Military Justice (UCMJ) • Gives court-martial jurisdiction to try all offenses under the code committed by military personnel • Callahan v. Parker (1969) • Greatly narrowed military jurisdiction to service-connected offenses • Overruled in Solorio v. United States (1987)

24. Solorio v. United States (1987) • The U.S. Supreme Court held that courts-martial may try all offenses committed by service members. • Solorio was convicted of sexually abusing children in his private residence. • Because the charges were not “service-connected” the trial judge dismissed the charges. • Decision was overturned: offenses do not have to service-connected. Jurisprudence

25. Court Martial • Three classes: • Summary • One military officer with jurisdiction to impose minor punishments • Special • Three or more members with or without a military judge • Or military judge alone (if requested by the accused) • General • Tries the most serious cases • Five or more members and a military judge • Appeals are heard by the United States Court of Appeals for the Armed Forces

26. Hamdan v. Ramsfeld (2006) • The U.S. Supreme Court held that detainees held at Guantanamo Bay could not be tried before a military commission because it violates international law. • Handan was held at Guantanamo Bay for conspiracy to commit terrorism. • The Court suggested that it was up to the legislature to make laws that would allow for a trial before a military commission. Jurisprudence

27. Military Courts Civilian Courts • For military personnel only • Public access to documents and evidence is restricted • Prosecutors may only speak to the press if they have permission from the judge • Lengths of waiting time to trial is shorter than for civilian trials • There are no mandatory sentences • Equivalent of the grand jury indictment is the Article 32 hearing • Defense can present evidence • All civilians • All documents and evidence are fully disclosed to the public • Prosecutors may speak to the press without permission of the judge • Sentences are often harsher due to mandatory sentencing • Grand jury issues indictment • Defense may not present evidence Example: Military versus Civilian courts

28. State Court Systems • Each state has its own independent judicial system • All states have one or more levels of trial courts and at least one appellate courts • Types of courts • Courts of general jurisdiction • Courts of limited jurisdiction • State supreme court • Juvenile courts

29. Figure 2.2 The North Carolina court system. Source: U.S. Department of Justice/National Center for State Courts

30. Trial Courts Appellate Courts • Usually sits in a county courthouse • Surrounded by considerable daily activity with juries, testimony, and attorneys • High visibility • Daily interaction between court personnel and citizens of the community • Media presence • One judge • Usually sits in the state capitol building • “Invisible courts” • Public hearings are limited to hearing legal arguments by attorneys • Proceedings consist mainly of review records from the lower courts or administrative agencies • Panel of judges Contrasting Judicial Functions and Environments

31. Figure 2.3 The Texas Court System Source: U.S. Department of Justice/National Center for State Courts

32. The Juvenile Justice System • Specialized institutions: • Courts • Law enforcement agencies • Social service agencies • Corrections facilities • Jurisdiction over: • Juvenile delinquency • Status offenders • Children who are neglected or abused

33. Basic Procedural Steps • Indictment by a grand jury or information • Accusation of the commission of a crime • Arraignment • Defendant enters a plea (e.g. guilty or not guilty) • Criminal trial • Only if the defendant pleads not guilty • Trial is governed by rules of procedure and rules of evidence • Sieve Effect • Attrition of cases

34. Juvenile Justice is Different • Emphasizes rehabilitation as opposed to retribution, incapacitation, or deterrence. • Juveniles were often placed in reformatories for indeterminate periods. • Juvenile courts are more similar to civil courts. • Juvenile defendants do not have the right to a jury trial. • Juvenile courts are not subject to the constitutional “public trial” requirement. • Judges have great discretion.

35. In re Gault (1967) • The U.S. Supreme Court held that juvenile proceedings must follow the rudiments of due process of law. • Juveniles now have the right to counsel, to cross-examine witnesses, to confront his accuser, and to be informed of the charges. • Juveniles also have protection against self-incrimination. Jurisprudence

36. The corrections system • System of prisons, jails, and other correctional institutions • Objective is to provide punishment and rehabilitation. • Structure: • One federal and 50 state corrections systems • Developments: • From corporal punishment to incarceration • Punishment is limited by the Eighth Amendment and the Due Process Clauses of the Fifth and Fourteenth Amendment

37. Problems • Public continues for harsh punishments • Overcrowding • Cruel and unusual punishment and the death penalty • Conflict of correctional goals: Incapacitation and retribution versus rehabilitation