Ch. 16

1. Ch. 16 Criminal Justice System

2. Due Process • Due Process-gov. cannot act unfairly, arbitrarily, or unreasonable in treatment of suspect • Must be told charges against them, opportunity to defend themselves in court • 2 types of due process: • Procedural- “how” of law enforcement • Substantive- content of law and how it affects due process rights

3. Crime • Crime-the intentional commission of an act that violate the law, must be wrongful and carried out with intent, defined through a law that make the act illegal • Misdemeanor-generally less serious, punishable by fines or short jail time • Felony-more serious, extended prison time or even death penalty (capital crimes) • Circumstance or effects of crime determine misdemeanor or felony (ex. shoplifting < a certain amount misdemeanor > felony)

4. Juvenile Rights • Tried in different courts, sent to reform schools instead of prisons • 1967 In re Gault, Gault made obscene phone calls, sentenced to six year in reform school, adult would have only served 60 day in jail • SC- juveniles should receive same due process as adults (know charges, right to attorney, confront witnesses, remain silent) • Juries are not mandatory in juvenile cases

5. Investigation • Fourth Amendment-right to be secure in person, houses, papers, and effect; unreasonable search and seizures • Police must have good reason to arrest a suspect or seize a suspects property • Must obtain search warrant • Police gather evidence to get clear picture of what happened before, during and after the crime • Direct evidence- info. provided by a witness or by a video or audio recording • Circumstantial evidence- info that can be inferred from other facts (ex. fingerprints)

6. Other searches and seizures • Can be done without warrants • Sobriety checkpoint-search for drunk drivers • Airport searches-search carry on luggage • Student searches-when on school grounds with probably cause • Consent searches- voluntary consent to search

7. Search Warrants • Probable cause-evidence to judge, describe place to be searched and what items or persons are to be seized • Other searches without warrant • During a lawful arrest-search suspect and area for weapons or evidence that could be destroyed • Evidence in plain view • When in hot pursuit-chasing suspect, follow into a building and seize evidence found there • Automobile search-vehicle might be moved before warrant issued

8. Illegal Evidence • 1914 Weeks v. United States- seizing of evidence illegally results in exclusion of the evidence during trial • 1961 Mapp v. Ohio-all levels of criminal justice system have to enforce rules against use of evidence that was illegally obtained

9. Arrest • Arrest warrant-issued by judge • Warrantless arrest-suspect found at scene of crime • Miranda v. Arizona- confessed in writing, not informed of 5th and 6th amendment rights, arrested before assumed to know rights, for a confession to be valid suspect must be informed of their rights • See list of rights on pg. 294 • Exceptions-can question suspect if they believe public safety is at risk • “Booked”-processed, informed of charges, fingerprinted, picture taken, phone call

10. Pretrial • Within 48 hours appear in court • Reminded of rights, given an opportunity to be released from jail • Bail- money paid to court as a guarantee that they will return for trial • No bail- suspect believed to be “flight risk” (might not return for trial) or possible danger to others if released • Pretrial hearing determines whether there is enough evidence to take a case to court

11. Grand Jury and Arraignment • Grand Jury- 16-23 jurors, set period of time, consider cases to determine if a trail is needed • Decide-”Did a crime take place” “Did the defendant commit it” • Indictment- formal accusation against the suspect • Arraignment- court appearance, enter a plea of guilty or not guilty • Guilty- date is set to announce punishment • Not guilty- date is set for a trial • Plea bargain- agreement by defendant to plea guilty in exchange for a lighter sentence

12. The Trial • Sixth amendment- right to fair, impartial “speedy” trial • 100 days after arrest in federal case • “Public” part of trial might actually hurt the defendant • Presence of news media could affect public opinion and influence the jury • Cameras are allowed but judges may ban them if they feel they will distort the justice process

13. Impartial Jury • Jury must be impartial (unbiased) and made up of members of the local community • Selected from a master list and represent a cross-section of the population in the community • Voir dire-lawyers & judge question potential jurors to determine if reason to disqualify • Peremptory challenge- exclude juror without giving a reason (limited number)

14. Adequate Defense • Right to an attorney- most important of defendant’s rights • Gideon v. Wainwright- cannot afford an attorney, free court appointed attorney • Escobedo v. Illinois- denied request to speak to lawyer, disallows evidence gained from confession made without an attorney present • Can claim ineffective counsel, must show errors made by attorney to prevent a fair trial

15. Evidence & Self Incrimination • Two main rules • Must be relevant • Must be competent • Biggest decision of defense attorney is to have the defendant testify • Fifth amendment- guards against self-incrimination • Defendant must submit evidence, ie. fingerprints, handwriting samples, DNA (physical evidence)

16. Jury Deliberation • Chose foreman, discuss all aspects of case, request additional information • May have option to convict on lesser offense (ex. manslaughter instead of murder) • Guilty- defendant taken into custody to await punishment • Not guilty- “acquittal” leave courtroom a free person, case is over • Fifth amendment protects again double jeopardy, tried twice for same crime • No verdict- hung jury, prosecutor decided if case will be retried

17. Other sentencing options • Suspended sentence- not in prison immediately, may serve later if rearrested or violates parole • Probation-report to probation officer, must follow certain conditions • Home confinement- serve time at home, only leave for preapproved reasons • Fine-pay a certain sum of money to government • Restitution- pay back or make up for whatever losses the victim has suffered • Work release- imprisoned but allowed to work in community

18. Sentencing • Sentencing- judge announces punishment • Punishment must fit the crime, tougher penalties for more serious crimes or repeat offenders • Indeterminate sentencing- variable term in prison, eligible for parole (early release from prison) • Determinate sentencing-specific amount of time to serve, might rule out possibility of parole • Convicted of multiple crimes: • Concurrent sentence-serve each sentence at the same time • Consecutive sentence- serve back to back sentences

19. Sentencing Goals • Deterrence- harsh enough to discourage recommitting crimes • Rehabilitation- helping criminals change, live productive lives, less likely to resort to crime in future • Incapacitation- locked up so they can no longer pose a threat to society • Most extreme form of punishment-death penalty • Death penalty is deemed “cruel and unusual punishment”: • Diagnosed as insane • Mentally handicapped • Minor

20. Appeals • Reasons: • Jury selection was flawed • Lawyer was ineffective • Law was not interpreted correctly • Due process was denied • Brady v. Maryland- withholding evidence violates due process if evidence is significant either to guilt or to punishment • Win appeal one in eight times • Half of cases, defendant is found guilty a second time

21. Corrections System • Incarceration- jail time • White collar or petty criminals usually end up in minimum-security prisons, lenient • Violent criminals end up in maximum-security prison, harsh • Prisoner are guaranteed certain fundamental rights (basic standard of living, mail, medical care) • Most inmates are eligible for release, served full sentence or granted parole • Parole board hears testimony, examines evidence to determine if parole should be granted • Return to society is not smooth, have a criminal record (hard to find job) • Can apply for a pardon-restores all rights , granted by president or governor