Criminal Justice system

Government 122

Standard SSCG21

• SSCG21 The student will describe the causes and effects of criminal activity.– Examine the nature and causes of crimes.– Explain the effects criminal acts have on their

intended victims.– Categorize different types of crimes.– Explain the different types of defenses used by

perpetrators of crime.

Standard SSCG21

WHY DO PEOPLE COMMIT CRIMES? Environment Poverty Discrimination Stress Learned behaviors Response to Social Condition Breakdown in law

enforcement

• HOW DOES CRIME IMPACT A VICTIM?– Fear

– Injury

– Loss

– Search for Justice

Crime Categories• Crimes against Persons

• Crimes against Property

• Victimless Crimes

• White Collar Crimes

• Organized Crime

Types of Defense• The Insanity Defense implies that the individual was not of sane

mind when committing the alleged crime and unable to comprehend the consequences of his/her actions; therefore, he/she should not be held criminally liable for the crimes committed during this time.

• The Intoxication Defense argues that since the individual was intoxicated on a toxic substance, he/she should not be fully responsible for the actions committed while under the spell of the substance.

• Self-Defense involves the act of protecting one’s self or family from harm. Self-defense is only a valid defense when the consequence of the alleged violation is proportionate to the defensive force or act.

Standard SSCG22

• SSCG22 The student will demonstrate knowledge of the criminal justice process.

• Analyze the steps in the criminal justice process.

• Explain an individual’s due process rights.• Describe the steps in a criminal trial or civil

suit.• Examine the different types of sentences a

convicted person can receive.

Types of Crimes– Petty Offenses – minor crimes usually

punished with a ticket and fine (parking illegally, littering, disturbing the peace, minor trespassing, speeding)

– Misdemeanors – more serious crimes that may be punishable by fine or imprisonment - usually up to 1 year and up to $1000 fine (vandalism, simple assault, writing bad checks, being drunk or disorderly)

– Felonies – serious crimes punishable by lengthy prison sentences or capital punishment - the death penalty (burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, murder)

Criminal Justice System

Rights of the Accused

5th Amendment Can’t be forced to incriminate themselvesRight to a grand jury (decides there is enough evidence for trial)Can’t be tried for the same offense of law twice (double jeopardy)Right to due process (fair treatment) 

6th Amendment must be told what crimes they have been charged with have the right to a speedy and public trial have the right to a lawyer have the right to question witnesses

Criminal Justice System

Criminal CasesInvestigation and arrest warrantArrested and “booked” (charges are recorded)Brought before judge to be formally chargedGrand Jury decides if enough evidence to hold a trialPlea Bargaining takes place in about 90% of casesArraignment is held to read the formal charges and hear the plea of the accused (guilty, not guilty, not guilty by reason of mental defect)Trial Begins Opening statements, witnesses and evidence presented, jury deliberates and decision is given to judgeNot Guilty – released Guilty – Sentencing is determined by the judge or a sentencing trial is scheduled (eligibility for parole can be decided in sentencing phase)

• Fines• Probation • A suspended sentence,

which takes effect if conditions such as probation are violated

• Payment of restitution to the crime victim

• Community service• Drug and alcohol rehab• Incarceration in jail• Incarceration in prison

(longer-term)• Death Penalty

Sentencing

• Under the Violent Crime Control and Law Enforcement Act of 1994, the "Three Strikes" statute (18 U.S.C. § 3559(c)) provides for mandatory life imprisonment if a convicted felon:

– been convicted in federal court of a "serious violent felony" and

– has two or more previous convictions in federal or state courts, at least one of which is a "serious violent felony." The other offense may be a serious drug offense.

• The statute goes on to define a serious violent felony as including murder, manslaughter, sex offenses, kidnapping, robbery, and any offense punishable by 10 years or more which includes an element of the use of force or involves a significant risk of force.

House arrest and electronic monitoring.

• An offender sentenced to house arrest must spend all or most of the day at home. Compliance is enforced in some states by requiring the offender to wear a small transmitter on the wrist or ankle, which sends electronic signals to monitoring units. House arrest can stand alone as a sanction or be used with electronic monitoring. It can also be coupled with fines, community service, and other sanctions. Some electronic monitoring devices can analyze an offender's breath to see if the offender has drunk any alcohol in violation of conditions of the house-arrest sentence.

Incarceration

• Jails are short-term lock-up centers normally run by counties and operated by county sheriffs. Inmates housed in jails include un-convicted defendants awaiting trial who are unable to make bail, convicted misdemeanants, and felons serving jail time as a result of probation violations. Prisons are long-term penal facilities operated by state and federal governments. Most prison inmates are convicted felons serving sentences of more than one year.

Probation

• Probation, the most frequently used criminal sanction, is a sentence that an offender serves in the community in lieu of incarceration. Probationers are required to adhere to conditions of probation, such as obeying all laws, paying fines or restitution, reporting to a probation officer, abstaining from drug usage, refraining from travel out of the area where the offender lives, and avoiding certain people (for example, other criminals or victims) and places. If a probationer violates any condition of probation or commits a new crime, the judge can revoke (take away) probation and incarcerate the offender. Probation officers monitor offenders and hook them up with various services in the community. Probation officers handle such large caseloads (on average, 118 per officer in 1994) that they are left with limited time to track or supervise offenders. Probation is the preferred sentence when the crime is nonviolent, the offender isn't dangerous, the convicted criminal isn't a repeat offender, and/or the criminal is willing to make restitution. Due to prison overcrowding, judges have been forced to place more felons on probation. A Rand Corporation study found that 60 percent of the felons on probation were rearrested for a new crime.

ISP

• Intensive supervision probation is used for offenders needing more supervision. It allows offenders to live in the community but under severe restrictions. ISP offenders can be required to meet with their probation officers as often as five times a week, to submit to random drug urinalysis tests, to work, to attend drug treatment, and to be under tight surveillance.

Boot Camps

• Offenders sentenced to boot camps live in military-style barracks and undergo rigorous physical and behavioral training for three to six months. Boot camps are generally reserved for first-time offenders in their late teens or early twenties. These highly regimented programs are designed to instill discipline and hold youths accountable for their actions. Offenders who successfully complete the program are resentenced to probation, avoiding confinement in prison. Research has failed to confirm that boot camps lower recidivism rates.

House Arrest/Electronic Monitoring

• An offender sentenced to house arrest must spend all or most of the day at home. Compliance is enforced in some states by requiring the offender to wear a small transmitter on the wrist or ankle, which sends electronic signals to monitoring units. House arrest can stand alone as a sanction or be used with electronic monitoring. It can also be coupled with fines, community service, and other sanctions. Some electronic monitoring devices can analyze an offender's breath to see if the offender has drunk any alcohol in violation of conditions of the house-arrest sentence.

Community Service

• Paying the community back for harm done, through doing work that benefits the public, is the essence of community service. Offenders can be required, for example, to pick up trash in parks, plant trees, and wash away graffiti.

Scarlet Letter

• "Scarlet-letter" punishments or Punishing by shaming provides a cheap and morally satisfying alternative to punishment. Courts have ordered people convicted of assault or child molestation to put signs in their yards, announcing their crimes. Still other judges have ordered chronic drunk drivers to put bright orange bumper stickers on their cars, announcing their problem and urging other drivers to report erratic driving to the police. Critics say this form of punishment is unlikely to succeed in changing the behavior of repeat offenders because those people are used to breaking society's rules anyway

Asset forfeiture

• Asset forfeiture consists of the government's seizing of personal assets obtained from or used in a criminal enterprise. For example, an airplane may be seized if it was used in smuggling drugs into the country. Law enforcement usually keeps the assets.

Restitution

• Restitution requires an offender to pay money to a victim, whereas a fine requires an offender to pay money to the government. The idea behind restitution is to make the offender pay the victim back for economic losses caused by the crime. The offender may, for example, be required to pay the victim's medical bills or pay a sum of money equal to the value of property stolen. The biggest problem with restitution is collecting the money. To enforce restitution orders, a judge can attach, or garnish, an offender's assets or wages. Another way to enforce restitution is possible in cases in which restitution is a condition of probation. If the offender fails to pay restitution, a judge can revoke the probation and incarcerate the offender.

Fines

• Fines are common for first-time offenders convicted of crimes such as shoplifting, minor drug possession, and traffic violations. In more serious cases, judges combine fines with incarceration or other punishments. If fines aren't paid, offenders go to jail. Fines discriminate against the poor. Day fines are a creative response to this problem. They require offenders to pay a percentage of their weekly or monthly earnings, thus attempting to equalize the financial impact of the sentence on the offender.

• Civil Cases are called lawsuits

• Usually seeks damages – an award of money

• Plaintiff – the person who brings the complaint

• Defendant – the person being sued

Civil Cases

Hire a lawyerFile a complaint –

The plaintiff files this legal documentDefendant receives a summons – official notice of lawsuitDefendant files an answer – a formal response to the charges or complaint

Pretrial DiscoveryBoth sides check facts, gather evidence

Resolution without Trial (90% of civil cases)SettlementPretrial conference aimed at a settlementMediation – each side explains their position –

arbitrator decidesTrial

Can be heard by judge or jury (6-12 people)Each side presents their caseJudge or jury gives a verdict