Criminal Justice & the Law

1. Criminal Justice & the Law SUPA Forensic science September 20, 2012

2. Source of Laws • Both the Federal Government and New Jersey establish criminal laws • The United State Code U.S.C.A. • Title 2C of the New Jersey Statutes N.J.S.A. • Other sources • The Common Law • COMPARE Administrative, Equity and Civil Statutes • Why do we have two sets? • PROBABLE CAUSE --Our Constitution does not ESTABLISH a criminal law but it DEFINES when someone may be arrested and searched

3. Our Courts • Supreme Court • United States Court of Appeals • United States District Court • United States Magistrates • New Jersey Supreme Court • Superior Court of NJ, Appellate Division • Superior Court of NJ, Criminal Part

4. CRIMES • FEDERAL • FELONY • MISDEMEANOR • STATE CRIMES –THE SUPERIOR COURT OF NJ, CRIMINAL PART • ALL VIOLATIONS ARE OFFENSES • CRIMES • The most serious. They are classified as Crimes of the 1st through 4th degree • 1st degree 30 years, with Murder its LIFE • 2nd degree 5 to 10 years • 3rd degree 3 to 5 years • 4th degree 0 to 18 months

5. Minor crimes • Our New Jersey Municipal Court System • DISORDERLY PERSONS OFFENSES • PETTY DISORDERLY PERSONS OFFENSES • Title 39 • Other quasi criminal sources • Title 19 • Title 4

6. Anatomy of a Case • The INVESTIGATION • The requirement of PROBABLE CAUSE • To search • To listen • To take • COMPARE WITH PROBABLE CAUSE TO ARREST or to INDICT • Who decides and WHEN? • "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probablytrue” Blacks Law Dictionary

7. The Arrest • BY POLICE • ANY CRIMINAL VIOLATION CAN BE FILED BY COMPLAINT or FOR MORE SERIOUS CASES, a WARRANT • Difference between a COMPLAINT and WARRANT • Must establish the identity of the accused, where and when the offense occurred and what specific statute was violated • Filed with the Court • CIVILIAN COMPLAINTS • For Civilian Complaints, Probable cause must be established by the Court

8. THE ARREST PROCESS • Once the arrestee is encountered, they are advised that they are under arrest and not free to leave, and of certain rights under MIRANDA V ARIZONA: • “Miranda Rights” • To remain silent • To be advised that what they say can and will be used against them • That they have the right to an attorney AND • That if they cannot afford and attorney, one will be appointed for them. • NOTE: Miranda applies when a suspect is “in custody” and is limited to “testimonial evidence” • Another example of our Constitution providing RIGHTS (as opposed to defining criminal conduct). Here we deal with the 5th Amendment right to due process and the 6th Amendment right to counsel.

9. After Arrest • Booking and Processing • Picture, fingerprints, buccal swab • Entry into NCIS • Bail • Not punishment • Guarantees that the defendant will appear • Real estate and the role of a surety • THE ARRAIGNMENT • First contact with the Judiciary

10. PRE TRIAL • “PIP” Court • The GRAND JURY • Meet every day • It decides whether the more serious charges can go forward • Witnesses and evidence • Reading of the law • Probable Cause returns • INDICTMENT OR “NO BILL”

11. POST INDICTMENT • Preliminary hearings • Suppression • Admissions • Evidence • Severance • Transfer venue • Admissibility of Evidence • Plea negotiations and the “plea cutoff” • Cooperation All pre trial proceedings are designed to remove any surprise and to provide for a FAIR TRIAL

12. Trial • Order of Proceeding • Jury voire dire • Opening • Direct • Cross • Closing • The role of the Judge • The role of the Defense Attorney • The role of the Prosecutor • The role of the Jury The Verdict Post Trial Motions and Appeal