AJ 50 – Introduction to Administration of Justice

1. AJ 50 – Introduction to Administration of Justice Chapter 1 - What Is Criminal Justice?

2. Individual Rights vs. Public Order • Freedom or Safety? • Which is more important? Why? • How does the Criminal Justice System balance these two concepts? • What are the effects of this balance on the role Law Enforcement plays as one component of the CJS?

3. Definition of Crime • Crime • Conduct or behavior in violation of the laws of the federal government, a state, or a local jurisdiction for which there is no legally acceptable justification or excuse • CA Penal Code § 15 • …for which you can be punished

4. Individual Rights • Guaranteed to all members of American society by US Constitution • Bill of Rights – first 10 Amendments • Especially important to criminal defendants facing formal processing • Examples?

5. USA Patriot Act (2001) • Enacted in response to terrorist attacks on the World Trade Center and the Pentagon (9-11-01) • Broadens investigative authority of Law Enforcement Agencies • Applicable to many other crimes besides just terrorism

6. Need for Balance • Individual Rights • Defendants • Victims • Victims’ families • Public Order • Safety & protection from crime/criminals • Peaceful existence for all

7. Advocates • Individual-Rights Advocate • One who seeks to protect personal rights and freedoms within the criminal justice process • Public-Order Advocate • One who suggests that under certain circumstances of criminal threat, societal interests overshadow individual rights

8. What is Justice? • Justice • The principle of fairness and the ideal of moral equity • Social Justice • An ideal embracing all aspects of civilized life • Cultural beliefs regarding Right vs. Wrong, Fairness, etc.

9. Civil vs. Criminal Justice • Civil Justice • Private rights and remedies sought by civil action • Closely tied to Social Justice and basic beliefs of right and wrong • Criminal Justice • Enforcement of penal (punitive) law • Closely tied to Social Justice and basic beliefs of Right and Wrong

10. Administration of Justice • Performance of any of the following activities for an accused or convicted person… • Investigation & Apprehension • Detention • Pre-Trial Release • Post-Trial Release • Prosecution • Adjudication • Correctional Supervision • Rehabilitation

11. Criminal Justice System • Three operational components • Law Enforcement • Courts • Corrections • CJS = The combination of all operating, administrative, and technical support agencies that perform criminal justice functions • Refer to chart, page 14

12. Criminal Justice Perspectives • Consensus Model • Assumes all components of CJS work harmoniously to achieve Justice as social goal • Conflict Model • Assumes CJS components work independently to serve own self-interest • Justice seen as result of conflict between agencies rather than cooperative effort • What do you think?

13. Criminal Justice ProcessInvestigation and Arrest • Warrant • A writ issued by a court directing a law enforcement officer to perform a specific task such as search or arrest • Protects officer from damages resulting from serving of the warrant • Other types of Arrest • On-view • Private-Person/Citizen • Booking • Official recording which identifies the arresting authority, person, place, time, and reason for arrest

14. Criminal Justice Process • Probable Cause • A set of facts and circumstances that would cause a reasonably intelligent, prudent person to believe that a particular person has committed a specific crime • Must exist in order for law enforcement to make an arrest or conduct a full search

15. Pretrial Activities • Bail • Money or property pledged to or actually deposited with the court to effect the release of a person from legal custody • Release on Own Recognizance (O.R.) • Being released upon one’s promise to appear in court at a future date

16. Arraignment • Arraignment - A hearing before the court of jurisdiction in a criminal case • Establish identity of defendant • Defendant is informed of charges and rights • Defendant required to enter plea • Guilty • Not Guilty • No Contest • Must take place within 48 hours

17. Criminal Justice Process • Preliminary Hearing • A proceeding before a judicial officer to determine… • Whether or not a crime was committed • Whether the crime occurred within the court’s jurisdiction • Whether there are reasonable grounds to believe the defendant committed the crime

18. Information vs. Indictment • Information • Formal written accusation submitted by a Prosecutor alleging that a specified person has committed a specified offense • Indictment • Formal written accusation submitted by a Grand Jury alleging that a specified person has committed a specified offense (usually a felony)

19. Grand Jury • Who are they and what do they do? • A group of jurors selected according to law • Sworn to hear evidence and determine if it is sufficient to bring the accused to trial • Generally investigate criminal activity • May investigate conduct of public agencies or officials

20. Prosecution & Adjudication • Prosecution • Efforts by the District Attorney to prove guilt beyond a reasonable doubt • Adjudication • Trial process = examination of issues of fact and law in a court trial proceeding • Purpose is to reach a decision for conviction or acquittal of accused

21. Sentencing • Consecutive Sentences • Two or more sentences for more than one offense to be served in sequence • May be a new sentence added on for someone already incarcerated which increases their time in confinement • Concurrent Sentences • Two or more sentences imposed upon conviction for more than one offense to be served at the same time

22. Probation and Parole • Probation • Suspended Sentence • Mandatory supervision during probationary term • Violation may result in original sentence • Parole • After release from prison while readjusting to return to society • Violation may result in return to prison

23. Due Process and Individual Rights • Due Process = Protections of individual rights guaranteed by the Constitution… • 4th Amendment • Search and seizure • 5th Amendment • Self-incrimination, double jeopardy • 6th Amendment • Legal counsel, informed of charges, speedy trial, impartial jury, confront/obtain witnesses • 8th Amendment • No excessive bail/fines • 14th Amendment • All states must apply due process and equal protection of the laws

24. Crime ControlThrough Due Process • Crime-Control Model • Emphasizes the efficient arrest and conviction of criminal offenders • Due-Process Model • Emphasizes the rights of the individual at all stages of processing throughout justice system • Social Control • Use of sanctions and rewards to modify behavior • Contributes to formation of criminal and civil statutes

25. Criminal Justice Research • Criminology • Scientific study of causes and prevention of crime, punishment and rehabilition of offenders • How does this differ from Criminal Justice?

26. Multiculturalism and Diversity • Multiculturalism • Existence within society of diverse groups that maintain unique cultural identities, customs, norms, values, and behaviors • What potential impact does this have on Law Enforcement and the Criminal Justice System as a whole?