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The Judicial Branch

The Judicial Branch. The Criminal Justice Process. 9 Steps in the Criminal Justice Process. Step 1 A crime is committed Can be anything from shoplifting to murder Step 2 Investigation process to gather crucial evidence Example: DNA or fingerprints Step 3

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The Judicial Branch

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  1. The Judicial Branch The Criminal Justice Process

  2. 9 Steps in the Criminal Justice Process Step 1 • A crime is committed • Can be anything from shoplifting to murder Step 2 • Investigation process to gather crucial evidence • Example: DNA or fingerprints Step 3 • The arrest- authorities take suspect(s) into custody • Miranda Rights are given

  3. 9 Steps in the Criminal Justice Process Step 4 • Booking into prison • Putting subjects into database in case they commit another crime Step 5 • Initial appearance in court • Some facts are explained • No guarantee of bail Step 6 • Preliminary hearing • Determines if there is enough probable cause against the suspect to prosecute

  4. 9 Steps in the Criminal Justice Process Step 7 • Grand Jury Indictment • 12-23 people convene to listen to and evaluate accusations against the person charged with the crime • Determine if there is enough evidence to indict and bring to trial Step 8 • Arraignment • First appearance of an accused person before a judge • Charges are read Step 9 • Trial • Prosecutor argues against the defense attorney • Can be before a jury or only a judge

  5. Protecting Individual Rights • Bill of Rights and other amendments to the Constitution guarantee civil rights and liberties

  6. Civil Rights vs. Civil Liberties • Civil Rights • Positive acts of the government • Prohibits discrimination on the basis of race, sex, religious beliefs, or national origin • Civil Liberties • Protections against the government • Protects people from the government taking control of you and your property

  7. Due Process of Law • Assured by the 5th and 14th amendments • Government cannot deprive a person of life, liberty, or property without due process (14th Amendment – Due Process clause) • Selective incorporation (the government sometimes chooses to ignore due process) • States’ reserved powers • Police power to protect • Promote public health, safety, morals, general welfare • Constitution guarantees due process to create privacy, includes abortion

  8. Freedom and Security of the Person • 13th Amendment (1865) • Abolished slavery and involuntary servitude • 2nd Amendment • Preserves right for states to have a militia • 4th Amendment • Prohibits unreasonable searches and seizures without a warrant • Gave rise to Exclusionary Rule • Evidence collected in violation of the accused’s rights may not be admissible as evidence in court

  9. Rights of the Accused • Writ of Habeas Corpus • Ban on bills of attainders (act declaring a person guilty of a crime without a trial) and ex post facto laws (retroactive changing of a law to make an act illegal or legal despite previous status) • 5th Amendment • Protects against double jeopardy or self incrimination • provides for due process • 6th Amendment • Rights to counsel, a speedy and public trial, and trial by jury

  10. Punishment • A person accused of a crime is innocent until proven guilty • 8th Amendment • Protects against cruel and inhuman punishment • Prohibits excessive bail or fines • US Supreme Court found that the death penalty (capital punishment) is constitutional if administered fairly by a court of law • Treason – the only crime specifically defined in the Constitution

  11. Criminal Justice Terminology • Felony – serious crime punishable by over a year in prison or death • Misdemeanor – minor crime punishable by less than a year in prison • Prosecutor – attorney who conducts proceedings on behalf of the government • Defendant – person who committed a crime • Subpoena – order for a person to appear in court and/or to produce documents • Due Process – principle that government must act fairly • Bail – money paid to the court to make sure a person shows up on their court date; forfeited if they do not show

  12. Criminal Justice Terminology • Criminal law – laws that deal with acts the government declares as crimes • Civil law – areas of law except those dealing with crime • Crime – an act that harms others • Appeal – requesting a higher court to review the decision of a lower court • Arraignment – a criminal case where the judge does it all • Writ of Habeas Corpus – court order that prevents unjust arrests • Warrant – a document signed by a judge to allow searches • Preliminary hearing – before a criminal trial to see if there is enough evidence to go to trial

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