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Oberlin Municipal Court Roles in the Criminal Justice System and Consequences of Underage Drinking . Presented by Thomas A. Januzzi – Judge of the Oberlin Municipal Court. Roles in Criminal Justice System. There are many roles in the justice system Each is important
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Oberlin Municipal Court Roles in the Criminal Justice SystemandConsequences of Underage Drinking Presented by Thomas A. Januzzi – Judge of the Oberlin Municipal Court
Roles in Criminal Justice System • There are many roles in the justice system • Each is important • If everyone does their job the system functions very well
Roles of the Government • The three branches of government all play a part in the Justice System: • Legislative • Executive • Judicial
Role of the Legislative Branch • To make the laws
State of Ohio Laws are passed by the State Legislature and signed by the Governor The laws are then codified in the Ohio Revised Code Cities and Villages Laws are passed by the City or Village Council Criminal laws prohibiting the same conduct cannot be more strict than State Law Legislative Branch
Role of Executive Branch • Enforce the laws
State of Ohio Governor Attorney General State Highway Patrol Local Governments Sheriff Police County Prosecutor Local (City) Prosecutors Executive Branch
Executive Branch of Government Police Prosecutor Role of Law Enforcement in Court
Police • The police officers main involvement in court is as a fact witness in a case • He or she may be called to testify against an accused
Preparation for Trial • The police officer must be prepared to testify about the facts of the case • Preparation begins the moment the officer becomes involved in a case
-continued- • Attention to detail is extremely important • The officer must document as much of the detail as possible in her/his written report • The police must work very closely with the prosecutor
The Prosecutor • The prosecutor represents the interests of the public • He/she determines whether a person should be charged with a crime and whether the charges should continue against a person after he/she has been charged
-continued- • It is NOT the prosecutors duty to convict a person accused of a crime in every case where a person has been charged with a crime
-continued- • It is the prosecutors duty to seek justice
Why does the prosecutor have a special duty? • Prosecutor represents the government – governmental powers should be used with restraint • Decisions affecting the public should be fair to all – including those accused of a crime
DUKE LACROSSE CASE • Durham County District Attorney Mike Nifong has been disbarred after being found guilty of a battery of ethics violations for his handling of the Duke Lacrosse investigation, a North Carolina Bar disciplinary committee announced Saturday evening.
Right to be Represented by an Attorney Every person accused of a crime that has the potential of a jail sentence has a Constitutional Right to have an attorney represent them
Role of the Defense Attorney • The duty of the defense attorney is to represent her/his client zealously within the bounds of the law • The attorney’s job is not to win at all costs • The attorney must balance the duty to his/her client with his/her obligation to obey the rules
There is a fundamental tension in the profession. It is zealously protecting your client while acknowledging your duty to the judicial system. The ability to tolerate and balance this tension differentiates the average lawyer from the exceptional lawyer. An exceptional lawyer has the fortitude and self confidence to convince a client not to misuse the system. -William Raleigh
Court Trial Jury Trial Right to a Trial
Right to Subpoena Witnesses • Court can order a person to appear and testify
Right of Confrontation • The right to confront the accuser • The right to cross-examine witnesses
Right to have the prosecution prove the charge beyond a reasonable doubt • Reasonable doubt is not mere possible doubt because everything relating to human affairs is open to some possible or imaginary doubt
-continued- • Proof beyond a reasonable doubt is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his/her own affairs
William Blackstone • Better that ten guilty persons escape than that one innocent suffer • Sir William Blackstone (1723-1780) Knight, King's Counsel, Solicitor to the Queen, Member of Parliament, and a Justice of the Court of Common Pleas and the King's Bench. His Commentaries on the Laws of England grew out of his lectures as a professor at Oxford, and were published in four volumes from 1765-1769.
Right to remain silent at the trial • The right against self-incrimination
Role of Judicial Branch • Apply law to the facts of the case • Interpret laws
State of Ohio Supreme Court of Ohio Court of Appeals (12 Districts) 9th District – Lorain; Medina; Summit and Wayne counties Trial Courts County: Common Pleas Courts – Felony offenses; Domestic Relations and Juvenile Divisions Municipal Courts – Misdemeanor offenses Mayors Courts Court of Claims Judicial Branch
Judge • Requirements to Become a Judge in the State of Ohio
Licensed Attorney • Must be a licensed attorney for 6 years
Residency Requirement • Must be a resident of the jurisdiction of the court
Cities and Villages Amherst Oberlin Wellington South Amherst Kipton Rochester Townships Amherst Brighton Camden Henrietta Huntington New Russia Penfield Pittsfield Rochester Wellington Oberlin Municipal Court Jurisdiction
Election • Must be elected • Primary election is partisan • General election is non-partisan
Oath of Office • Must take an oath • Promise to uphold the Constitutions of the United States and State of Ohio and faithfully and impartially perform duties of office
Term is 6 years • Term of office is 6 years • No term limits • Cannot run for office if 70 years of age or more • Can serve as a substitute judge by assignment if over 70 until the age of 80
Licensed Attorney • Requirements to become a licensed attorney in State of Ohio
Education Requirements • 4 year undergraduate degree
Licensure Requirements • Must take and pass the bar exam – three day test • Must take an oath • Must continue education by taking 24 seminar hours bi-annually including ethics and substance abuse
Role of Probation Officer • Enforce the orders of the court when a person is placed on probation
Probation • Persons convicted of a crime are often not sent to jail • One alternative to jail is to place a person on probation
-continued- • There are three main types of probation • 1. Intensive Supervised Probation • 2. Basic Reporting Supervision • 3. Monitored Time (good behavior)
SOME THOUGHTS • Because: • We care about you • We want you to be safe • We want you to be successful
Driving Tips • Drive the Speed Limit • Wear your seat belt • Turn your radio down • Make your friends wear their seatbelts – if you care about them
Alcohol and Drugs • Don’t drink alcohol until you are 21 • After you are 21 drink responsibly • Don’t ever drink and drive • Don’t use illegal drugs
Friends • Choose your friends carefully • You are known by the company you keep • You have free will –use it wisely • A true friend respects your wishes and will not force you to change for him/her
Why are we telling you these things? • We care about you • We want you to be safe • We want you to be successful
Underage Drinking • Each year, approximately 5,000 young people under the age of 21 die as a result of underage drinking; this includes about 1,900 deaths from motor vehicle crashes, 1,600 as a result of homicides, 300 from suicide, as well as hundreds from other injuries such as falls, burns, and drownings