Police and the Courts: Investigation, Arrest, and Adjudication

Police and the Courts: Investigation, Arrest, and Adjudication Chapter 17

Objectives • Be familiar with the role of police in society • Recognize that there are law enforcement agencies on the federal, state and local level • Comment on efforts to improve patrol and investigation effectiveness • Discuss the changing role of police • Comment on how the courts have set limits on the extent of police interrogations and search and seizure of evidence • Be familiar with the state and federal court structure • Discuss the duties of a judge, defense counsel, and prosecutor • Discuss the various pretrial procedures • Discuss the plea bargaining process • Be familiar with the process of the jury trial • Review legal rights during trial

The Police and Society • The police and other law enforcement are the gatekeepers of the criminal justice process • They initiate contact with law violators and decide whether to formally arrest them, settle the issue in an informal manner, or take no action at all

Law Enforcement Agencies Today • Federal Law Enforcement • County Law Enforcement • State Police • Metropolitan Police

Federal Law Enforcement • Federal Bureau of Investigations • 1930’s agency was reorganized • An investigative agency • Limits jurisdiction to federal laws, including federal statutes • Other federal law enforcement agencies: • Drug Enforcement Administration (DEA) • U.S Marshals • Bureau of Alcohol, Tobacco, Firearms (ATF) • Internal Revenue Service (IRS)

Top Priorities of the FBI • Protect the United States from terrorist attack. • Protect the United States against foreign intelligence operations and espionage. • Protect the United States against cyber-based attacks and high-technology crimes. • Combat public corruption at all levels. • Protect civil rights. • Combat transnational and national criminal organizations and enterprises. • Combat major white-collar crime. • Combat significant violent crime. • Support federal, state, county, municipal, and international partners. • Upgrade technology to successfully perform the FBI’S mission.

The Core Functions of Police • Law Enforcement Functions • Order of Maintenance Functions • Service Functions The police role is multilevel. Police officers fight crime, keep the peace, and provide community services.

Preventing and Deterring Crime • Proactive Patrol • Targeting Crimes • Making Arrests • Adding Patrol Officers • Using Technology

Changing the Police Role • Survey’s most important findings: • 44 million people had a face to face contact with a police officer • Contact more common among males, whites, and younger residents • Overall, 9 out of 10 persons who had contact with police, felt the police acted properly • An estimated 1.6 % of people stopped by police had force used or threatened force against them • Blacks and Hispanics experienced police use of force at higher rates than whites

Community-Oriented Policing • Police maintain a presence in the community, walk the beat and get to know the citizens • They inspire feelings of public safety • Police officers are stationed where they can promote public confidence and elicit citizen cooperation

The Adjudication Process • The police arrest a criminal suspect, the focus of the criminal justice system then turns to the court system • The adjudication process is complex • Parties are guaranteed that they will have a hearing conducted under rules of procedure in an atmosphere of fair play and objectivity • Ideally, the judicatory process operates with absolute fairness and equality

Court Structure • Municipal, County, • State Courts, and • Federal Courts Lower courts try misdemeanors and conduct the preliminary processing of felony offenses Superior trial courts try felony cases Appellate courts review the criminal procedures of trial courts to determine fairness Superior appellate courts or state courts review lower appellate court decisions

Federal Courts • U.S. District Courts • Trial courts of the system, jurisdictions over cases involving violations of federal law • Federal Courts of Appeal • Appeals from the district court are heard in one of the intermediate federal courts • U.S. Supreme Court • Highest federal appeals court, the court of last resort for all cases tried in the various federal and state courts

Actors in the Judicatory Process There are three main actors in the judicatory process: • The Prosecutor • The Defense attorney • The Judge

The Prosecutor • Brings charges against the offender and then represents the state in all criminal matters that come before the courts. • Prosecutorial discretion: maintains broad discretion, major decision involves the choice of acting on the information brought by police or deciding to drop the case without further action.

The Defense Attorney • Represents the accused in the criminal process • Principal forms of indigent defense: • Public defender • Assigned counsel • Contract

The Judge • Duties are quite varied and are far more extensive than the average citizen might expect • Judge rules on the appropriateness of conduct, settles questions of evidence and procedure, and guides the questions of witnesses • Judge decides on the sentence, if a defendant is found guilty

Pretrial Procedures • Bail • Plea Bargaining

Bail • Is a money bond the defendant puts up to secure freedom before trial. • It is controversial because those who cannot make bail must spend their time in detention • Critics charge that bail discriminates against the poor • Consequently, reform programs have been employed, such as release on recognizance

Plea Bargaining • Involves the prosecutor allowing defendants to plead guilty as charged in return for some consideration—for example, a reduced sentence or dropped charges • Plea bargaining has been criticized because it represents the unchecked use of discretion by prosecutors • Some concerns regarding coercion into plea bargaining by prosecutor for fear of harsher punishment if defendant goes to trial

Jury selection Opening statements The prosecution’s case Cross examination Defense’s case Rebuttal Closing arguments Instructions to the jury Verdict Sentence Appeal The Criminal Trial

Important Constitutional Rights • Right to a speedy trial – Sixth Amendment • Right to a Jury Trial – Fourteenth Amendment • Right to be Free from Double Jeopardy – Fifth Amendment and Fourteenth Amendment • Right to Legal Counsel – Sixth Amendment

Police and the Courts: Investigation, Arrest, and Adjudication