Officer Richard Neil (retired)

1. Officer Richard Neil (retired) THE CRIMINAL JUSTICE SYSTEM & STRUCTURE OF THE AMERICAN COURTS

4. THE CRIMINAL JUSTICE SYSTEM DEFINED: THE FORMAL SYSTEM ESTABLISHED BY THE U.S. FOR MAINTAINING SOCIAL CONTROL AND HANDLING CRIMINAL CONDUCT

6. FUNCTIONAL PURPOSES OF THE CRIMINAL JUSTICE SYSTEM • PROTECT CITIZENS AND PROPERTY • PRESERVE PEACE AND MAINTAIN PUBLIC ORDER • DETECT AND RESPOND TO CRIMINAL BEHAVIOR • INVESTIGATE CRIME • APPREHEND, PROSECUTE, DEFEND, CONVICT, PUNISH, AND REHABILITATE CRIMINALS • PROTECT CONSTITUTIONAL RIGHTS

7. WHETHER A DEFENDANT IS PROCESSED THROUGH FED/STATE SYSTEMS IS DETERMINED BY: • WHETHER THE CRIME WAS A FEDERAL, STATE OR LOCAL OFFENSE • WHETHER IT WAS COMMITTED BY AN ADULT OR JUVENILE • WHETHER IT WAS A SERIOUS OFFENSE

8. FOUR COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM • LAW ENFORCEMENT • PROSECUTION/DEFENSE • JUDICIARY • CORRECTIONS

10. THE TITLES OF COURTS IN OHIO • SUPREME COURT OF OHIO • COURT OF APPEALS • COMMON PLEAS • COUNTY COURT • MUNICIPAL • COURT OF CLAIMS • MAYOR’S COURT

14. OHIO SUPREME COURT • One chief justice • Six justices • All elected for 6 year terms • Majority constitutes a quorum

16. The Ohio Appellate Courts • Each has 3 or more judges • Appeals of judgment from lower courts, except where the death penalty has been imposed • Cases involving constitutional issues • Review of matters related to final orders or actions of administrative officers or agencies as provided by law

20. FIVE MATTERS OVER WHICH THE OHIO SUPREME COURT HAS ORIGINAL JURISDICTION • QUO WARRANTO • MANDAMUS • HABEAS CORPUS • PROHIBITION • PROCEDENDO

22. QUO WARRANTO • A hearing to determine by what authority someone has an office or franchise or liberty. • A writ or order issuable by the State, through which it demands an individual to show by what right he or she exercises an authority that can only be exercised through grant or franchise emanating from the State.

23. MANDAMUS • A writ issued by a superior court directed to an inferior court, a corporation, an officer, etc., commanding the performance of a specified act within the scope of its/his duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived.

24. HABEAS CORPUS • “That you have the body” • A writ to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal.

25. PROHIBITION • Writ issued by the Supreme Court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case.

26. PROCEDENDO • A writ issued which directs a lower court to proceed in deciding a matter before it.

27. Case Law

28. State v. Jones, 121 Ohio St.3d 103, 2009-Ohio-316. Extraterritorial traffic stop — A law-enforcement officer who personally observes a traffic violation while outside the officer’s statutory territorial jurisdiction has probable cause to make a traffic stop; the stop is not unreasonable under the Fourth Amendment to the United States Constitution.

29. OFFENSES ARE DIVIDED INTO 2 BROAD CLASSES • FELONY • MISDEMEANOR

30. The Court of Common Pleas • One court of common pleas established in each county of the state • Has original jurisdiction over all justiciable matters • Referred to as general jurisdiction • This means that at local level, the court can initially address any matter, either civil or criminal • Also referred to as the general trial court for those charged with any felony

31. FELONIES A FELONY IS AN OFFENSE DEFINED BY LAW AS A FELONY

32. Felonies range from F5 to F1, with a felony 5 being the least serious and a felony 1, the most serious.Carrying from one year in prison up to the death penalty.

33. Municipal/County Court • Rule on criminal misdemeanors • Hold preliminary hearings for felonies • The court has jurisdiction over civil actions up to $15,000 • Traffic and parking offenses • Violations of municipal ordinances • Trial de novo (new trial) for cases on appeal from a court not of record

34. MISDEMEANORS MISDEMEANORS IS AN OFFENSE DEINED BY LAW AS A MISDEMEANOR

35. Misdemeanors ranged from a minor misdemeanor to an M1, with MM being the least serious and an M1, the most serious.MM only carries a monetary punishment. M1 can carry up to 6 months in county jail.

36. TWO PURPOSES OF FELONY SENTENCING • TO PROTECT THE PUBLIC FROM FURTURE CRIME BY THE OFFENDER AND OTHERS • PUNISH THE OFFENDER

37. Mayor’s courts • The mayor or an appointed mayor’s court magistrate may hear and determine cases involving: • a. The violation of municipal ordinances (minor criminal matters) • b. Traffic laws • c. Parking regulations • The court is considered one of limited jurisdiction and a court not of record

38. FOUR NEEDS A COURT IS REQUIRED TO CONSIDER WHEN IMPOSING A FELONY SENTENCE • THE NEED FOR INCAPACITATING THE OFFENDER • THE NEED FOR DETERRING THE OFFENDER AND OTHERS FROM FUTURE CRIMES • THE NEED TO REHABILITATE THE OFFENDER • THE NEED FOR MAKING RESTITUTION TO THE VICTIM, PUBLIC OR PRIVATE

40. A FELONY SENTENCE IMPOSED BY THE COURT MUST SATISFY 3 REQUIREMENTS: • IT MUST BE REASONABLY CALCULATED TO ACHIEVE THE CONSIDERATIONS OF THE COURT • IT MUST BE COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS OF THE OFFENDER’S CONDUCT AND IT’S IMPACT ON THE VICTIM

41. A FELONY SENTENCE IMPOSED BY THE COURT MUST SATISFY 3 REQUIREMENTS: • IT MUST BE CONSISTENT WITH SENTENCES IMPOSED FOR SIMILAR CRIMES COMMITTED BY OTHER OFFENDERS WITH SIMILAR CHARACTERISTICS

43. ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN ADULT FELON THROUGH THE OHIO CRIMINAL JUSTICE SYSTEM • INVESTIGATION • ARREST • BOOKING • INITIAL APPERANCE • PRELIMINARY HEARING • GRAND JURY

44. ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN ADULT FELON THROUGH THE OHIO CRIMINAL JUSTICE SYSTEM • ARRAINGMENT • PRE-TRIAL MOTIONS AND HEARINGS • TRIAL • SENTENCING • APPEAL

46. THE STATE OF OHIO RECOGNIZES 4 PLEAS • NOT GUILTY • NOT GUILTY BE REASON OF INSANITY (NGRI) • GUILTY • NO CONTEST

47. SEVEN SEQUENTIAL STEPS NECESSARY FOR PROCESSING AN ADULT MISDEMEANOR OFFENDER THROUGH THE CRIMINAL JUSTICE SYSTEM • INVESTIGATION • ARRST/SUMMONS/CITATION • INITIAL APPEARANCE • ARRAIGNMENT • TRIAL • SENTENCING • APPEAL

49. NINE STAGES OF THE JUVENILE PROCESS IN SEQUENCE ARE: • INVESTIGATION • TAKING INTO CUSTODY • INTAKE/DETENTION • FORMAL COMPLAINT • PRE-ADJUDICATON HEARING • PRELIMINARY CONFERENCE • ADJUDICATION HEARING • DISPOSITION • APPEAL

50. Others involved in Ohio’s Justice System • The coroner or medical examiner’s office • Legal aid offices • Victim/witness assistance and advocate centers • Crisis intervention counselors • Battered women’s shelters and service organizations • Domestic violence counselors • Rehabilitation centers (narcotics and alcohol treatment centers)