Oberlin Municipal Court Roles in the Criminal Justice System and Consequences of Underage Drinking

1. Oberlin Municipal Court Roles in the Criminal Justice SystemandConsequences of Underage Drinking Presented by Thomas A. Januzzi – Judge of the Oberlin Municipal Court

3. 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

4. Roles of the Government • The three branches of government all play a part in the Justice System: • Legislative • Executive • Judicial

5. Role of the Legislative Branch • To make the laws

6. 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

7. Role of Executive Branch • Enforce the laws

8. State of Ohio Governor Attorney General State Highway Patrol Local Governments Sheriff Police County Prosecutor Local (City) Prosecutors Executive Branch

9. Executive Branch of Government Police Prosecutor Role of Law Enforcement in Court

10. 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

11. 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

12. -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

13. 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

14. -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

15. -continued- • It is the prosecutors duty to seek justice

16. 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

17. 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.

18. Rights of the Accused

19. 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

20. 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

21. 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

22. Court Trial Jury Trial Right to a Trial

23. Right to Subpoena Witnesses • Court can order a person to appear and testify

24. Right of Confrontation • The right to confront the accuser • The right to cross-examine witnesses

25. 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

26. -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

27. 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.

28. Right to remain silent at the trial • The right against self-incrimination

29. Role of Judicial Branch • Apply law to the facts of the case • Interpret laws

30. 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

31. Judge • Requirements to Become a Judge in the State of Ohio

32. Licensed Attorney • Must be a licensed attorney for 6 years

33. Residency Requirement • Must be a resident of the jurisdiction of the court

34. 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

35. Election • Must be elected • Primary election is partisan • General election is non-partisan

36. 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

37. 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

38. Licensed Attorney • Requirements to become a licensed attorney in State of Ohio

39. Education Requirements • 4 year undergraduate degree

40. 3 years minimum of law school

41. 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

42. Role of Probation Officer • Enforce the orders of the court when a person is placed on probation

43. Probation • Persons convicted of a crime are often not sent to jail • One alternative to jail is to place a person on probation

44. -continued- • There are three main types of probation • 1. Intensive Supervised Probation • 2. Basic Reporting Supervision • 3. Monitored Time (good behavior)

45. SOME THOUGHTS • Because: • We care about you • We want you to be safe • We want you to be successful

46. 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

47. 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

48. 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

49. Why are we telling you these things? • We care about you • We want you to be safe • We want you to be successful

50. 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