THE CRIMINAL JUSTICE THE CRIMINAL JUSTICE SYSTEM DEFINED:SYSTEM DEFINED:

THE FORMAL SYSTEM THE FORMAL SYSTEM ESTABLISHED BY THE U.S. FOR ESTABLISHED BY THE U.S. FOR MAINTAINING SOCIAL CONTROL MAINTAINING SOCIAL CONTROL AND HANDLING CRIMINAL AND HANDLING CRIMINAL CONDUCTCONDUCT

FUNCTIONAL PURPOSES OF THE FUNCTIONAL PURPOSES OF THE CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEMPROTECT CITIZENS AND PROPERTYPROTECT CITIZENS AND PROPERTYPRESERVE PEACE AND MAINTAIN PUBLIC PRESERVE PEACE AND MAINTAIN PUBLIC ORDERORDERDETECT AND RESPOND TO CRIMINAL DETECT AND RESPOND TO CRIMINAL BEHAVIORBEHAVIORINVESTIGATE CRIMEINVESTIGATE CRIMEAPPREHEND, PROSECUTE, DEFEND, APPREHEND, PROSECUTE, DEFEND, CONVICT, PUNISH, AND REHABILITATE CONVICT, PUNISH, AND REHABILITATE CRIMINALSCRIMINALSPROTECT CONSTITUTIONAL RIGHTSPROTECT CONSTITUTIONAL RIGHTS

WHETHER A DEFENDANT IS WHETHER A DEFENDANT IS PROCESSED THROUGH FED/STATE PROCESSED THROUGH FED/STATE SYSTEMS IS DETERMINED BY:SYSTEMS IS DETERMINED BY:

WHETHER THE CRIME WAS A FEDERAL, WHETHER THE CRIME WAS A FEDERAL, STATE OR LOCAL OFFENSESTATE OR LOCAL OFFENSE

WHETHER IT WAS COMMITTED BY AN WHETHER IT WAS COMMITTED BY AN ADULT OR JUVENILEADULT OR JUVENILE

WHETHER IT WAS A WHETHER IT WAS A SERIOUS OFFENSESERIOUS OFFENSE

FOUR COMPONENTS OF THE FOUR COMPONENTS OF THE CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEM

1.1. LAW ENFORCEMENTLAW ENFORCEMENT

2.2. PROSECUTION/DEFENSEPROSECUTION/DEFENSE

3.3. JUDICIARYJUDICIARY

4.4. CORRECTIONSCORRECTIONS

THE TITLES OF COURTS IN THE TITLES OF COURTS IN

OHIO OHIO SUPREME COURT OF OHIOSUPREME COURT OF OHIO

COURT OF APPEALSCOURT OF APPEALS

COMMON PLEASCOMMON PLEAS

COUNTY COURTCOUNTY COURT

MUNICIPALMUNICIPAL

COURT OF CLAIMSCOURT OF CLAIMS

MAYOR’S COURTMAYOR’S COURT

OHIO SUPREME COURTOHIO SUPREME COURT

One chief justiceOne chief justice Six justicesSix justices All elected for 6 year termsAll elected for 6 year terms Majority constitutes a quorumMajority constitutes a quorum

The Ohio Appellate CourtsThe Ohio Appellate CourtsEach has 3 or more judgesEach has 3 or more judges

Appeals of judgment from lower courts, Appeals of judgment from lower courts, except where the death penalty has been except where the death penalty has been imposedimposed

Cases involving constitutional issuesCases involving constitutional issues

Review of matters related Review of matters related to final orders or actions to final orders or actions of administrative officers or of administrative officers or agencies as provided by lawagencies as provided by law

FIVE MATTERS OVER WHICH THE FIVE MATTERS OVER WHICH THE OHIO SUPREME COURT HAS OHIO SUPREME COURT HAS ORIGINAL JURISDICTIONORIGINAL JURISDICTION

1.1. QUO WARRANTOQUO WARRANTO

2.2. MANDAMUSMANDAMUS

3.3. HABEAS CORPUSHABEAS CORPUS

4.4. PROHIBITIONPROHIBITION

5.5. PROCEDENDOPROCEDENDO

QUO WARRANTOQUO WARRANTO

A hearing to determine by what authority A hearing to determine by what authority someone has an office or franchise or liberty.someone has an office or franchise or liberty.

A writ or order issuable by the State, through A writ or order issuable by the State, through which it demands an individual to show by which it demands an individual to show by what right he or she exercises an authority what right he or she exercises an authority that can only be exercised through grant or that can only be exercised through grant or franchise emanating from the State.franchise emanating from the State.

MANDAMUSMANDAMUS

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

HABEAS CORPUSHABEAS CORPUS

““That you have the body”That you have the body”

A writ to bring a person A writ to bring a person before a court or a judge, before a court or a judge, most frequently used to most frequently used to ensure that a person's ensure that a person's imprisonment, detention, imprisonment, detention, or commitment is legal.or commitment is legal.

PROHIBITIONPROHIBITION

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

PROCEDENDOPROCEDENDO A writ issued which directs a lower court A writ issued which directs a lower court

to proceed in deciding a matter before it.to proceed in deciding a matter before it.

Case LawCase Law

State v. Jones, 121 Ohio St.3d 103, State v. Jones, 121 Ohio St.3d 103, 2009-Ohio-316.2009-Ohio-316.Extraterritorial traffic stop — A law-Extraterritorial traffic stop — A law-

enforcement officer who personally enforcement officer who personally observes a traffic violation while outside observes a traffic violation while outside the officer’s statutory territorial the officer’s statutory territorial jurisdiction has probable cause to make a jurisdiction has probable cause to make a traffic stop; the stop is not unreasonable traffic stop; the stop is not unreasonable under the Fourth Amendment to the under the Fourth Amendment to the United States Constitution.United States Constitution.

OFFENSES ARE DIVIDED INTO 2 OFFENSES ARE DIVIDED INTO 2 BROAD CLASSES BROAD CLASSES

FELONYFELONY

MISDEMEANORMISDEMEANOR

The Court of Common PleasThe Court of Common PleasOne court of common pleas established in One court of common pleas established in each county of the stateeach county of the state

Has original jurisdiction over all justiciable Has original jurisdiction over all justiciable matters matters

Referred to as general jurisdictionReferred to as general jurisdiction

This means that at local level, the court can This means that at local level, the court can initially address any matter, either civil or initially address any matter, either civil or criminalcriminal

Also referred to as the general trial court for Also referred to as the general trial court for those charged with any felonythose charged with any felony

FELONIESFELONIES

A FELONY IS AN OFFENSE A FELONY IS AN OFFENSE DEFINED BY LAW AS A FELONYDEFINED BY LAW AS A FELONY

Felonies range from F5 to F1, with a Felonies range from F5 to F1, with a felony 5 being the least serious and a felony 5 being the least serious and a felony 1, the most serious.felony 1, the most serious.

Carrying from one year in prison up Carrying from one year in prison up to the death penalty.to the death penalty.

Municipal/County CourtMunicipal/County Court

Rule on criminal misdemeanorsRule on criminal misdemeanors

Hold preliminary hearings for feloniesHold preliminary hearings for felonies

The court has jurisdiction over civil actions The court has jurisdiction over civil actions up to $15,000up to $15,000

Traffic and parking offensesTraffic and parking offenses

Violations of municipal ordinancesViolations of municipal ordinances

Trial Trial de novo (new trial) for cases on appeal de novo (new trial) for cases on appeal from a from a court not of recordcourt not of record

MISDEMEANORSMISDEMEANORS

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

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.

TWO PURPOSES OF FELONY TWO PURPOSES OF FELONY SENTENCINGSENTENCING

TO PROTECT THE PUBLIC TO PROTECT THE PUBLIC FROM FURTURE CRIME BY THE FROM FURTURE CRIME BY THE OFFENDER AND OTHERSOFFENDER AND OTHERS

PUNISH THE OFFENDERPUNISH THE OFFENDER

MAYOR’S COURTSMAYOR’S COURTSThe mayor or an appointed mayor’s court The mayor or an appointed mayor’s court magistrate may hear and determine cases magistrate may hear and determine cases involving:involving:

a. The violation of municipal ordinances a. The violation of municipal ordinances (minor criminal matters)(minor criminal matters)

b. Traffic lawsb. Traffic laws

c. Parking regulationsc. Parking regulations

The court is considered The court is considered one of limited jurisdiction one of limited jurisdiction and a court not of record and a court not of record

FOUR NEEDS A COURT IS REQUIRED TO FOUR NEEDS A COURT IS REQUIRED TO CONSIDER WHEN IMPOSING A FELONY CONSIDER WHEN IMPOSING A FELONY SENTENCESENTENCE1.1. THE NEED FOR INCAPACITATING THE THE NEED FOR INCAPACITATING THE

OFFENDEROFFENDER

2.2. THE NEED FOR DETERRING THE THE NEED FOR DETERRING THE OFFENDER AND OTHERS FROM OFFENDER AND OTHERS FROM FUTURE CRIMESFUTURE CRIMES

3.3. THE NEED TO REHABILITATE THE NEED TO REHABILITATE THE OFFENDERTHE OFFENDER

4.4. THE NEED FOR MAKING THE NEED FOR MAKING RESTITUTION TO THE RESTITUTION TO THE VICTIM, PUBLIC OR PRIVATE VICTIM, PUBLIC OR PRIVATE

A FELONY SENTENCE IMPOSED A FELONY SENTENCE IMPOSED BY THE COURT MUST SATISFY 3 BY THE COURT MUST SATISFY 3 REQUIREMENTS:REQUIREMENTS:1.1. IT MUST BE REASONABLY IT MUST BE REASONABLY

CALCULATED TO ACHIEVE THE CALCULATED TO ACHIEVE THE CONSIDERATIONS OF THE COURTCONSIDERATIONS OF THE COURT

2.2. IT MUST BE COMMENSURATE IT MUST BE COMMENSURATE WITH AND NOT WITH AND NOT DEMEANING TO THE DEMEANING TO THE SERIOUSNESS OF THE SERIOUSNESS OF THE OFFENDER’S CONDUCT AND OFFENDER’S CONDUCT AND IT’S IMPACT ON THE IT’S IMPACT ON THE VICTIMVICTIM

3.3. IT MUST BE CONSISTENT WITH IT MUST BE CONSISTENT WITH SENTENCES IMPOSED FOR SIMILAR SENTENCES IMPOSED FOR SIMILAR CRIMES COMMITTED BY OTHER CRIMES COMMITTED BY OTHER OFFENDERS WITH SIMILAR OFFENDERS WITH SIMILAR CHARACTERISTICSCHARACTERISTICS

A FELONY SENTENCE IMPOSED A FELONY SENTENCE IMPOSED BY THE COURT MUST SATISFY 3 BY THE COURT MUST SATISFY 3 REQUIREMENTS:REQUIREMENTS:

ELEVEN SEQUENTIAL STEPS ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN ADULT NECESSARY TO PROCESS AN ADULT FELON THROUGH THE OHIO FELON THROUGH THE OHIO CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEM

1.1. INVESTIGATIONINVESTIGATION2.2. ARRESTARREST3.3. BOOKINGBOOKING4.4. INITIAL APPERANCEINITIAL APPERANCE5.5. PRELIMINARY HEARINGPRELIMINARY HEARING6.6. GRAND JURYGRAND JURY

7.7. ARRAINGMENTARRAINGMENT

8.8. PRE-TRIAL MOTIONS AND PRE-TRIAL MOTIONS AND HEARINGSHEARINGS

9.9. TRIALTRIAL

10.10. SENTENCINGSENTENCING

11.11. APPEALAPPEAL

ELEVEN SEQUENTIAL STEPS ELEVEN SEQUENTIAL STEPS NECESSARY TO PROCESS AN ADULT NECESSARY TO PROCESS AN ADULT FELON THROUGH THE OHIO FELON THROUGH THE OHIO CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEM

THE STATE OF OHIO THE STATE OF OHIO RECOGNIZES 4 PLEASRECOGNIZES 4 PLEAS

1.1. NOT GUILTYNOT GUILTY

2.2. NOT GUILTY BE REASON OF NOT GUILTY BE REASON OF INSANITY (NGRI)INSANITY (NGRI)

3.3. GUILTYGUILTY

4.4. NO CONTESTNO CONTEST

SEVEN SEQUENTIAL STEPS NECESSARY SEVEN SEQUENTIAL STEPS NECESSARY FOR PROCESSING AN ADULT FOR PROCESSING AN ADULT MISDEMEANOR OFFENDER THROUGH MISDEMEANOR OFFENDER THROUGH THE CRIMINAL JUSTICE SYSTEMTHE CRIMINAL JUSTICE SYSTEM

1.1. INVESTIGATIONINVESTIGATION2.2. ARRST/SUMMONS/CITATIONARRST/SUMMONS/CITATION3.3. INITIAL APPEARANCEINITIAL APPEARANCE4.4. ARRAIGNMENTARRAIGNMENT5.5. TRIAL TRIAL 6.6. SENTENCINGSENTENCING7.7. APPEALAPPEAL

NINE STAGES OF THE JUVENILE NINE STAGES OF THE JUVENILE PROCESS IN SEQUENCE ARE:PROCESS IN SEQUENCE ARE:

1.1. INVESTIGATIONINVESTIGATION2.2. TAKING INTO CUSTODYTAKING INTO CUSTODY3.3. INTAKE/DETENTIONINTAKE/DETENTION4.4. FORMAL COMPLAINTFORMAL COMPLAINT5.5. PRE-ADJUDICATON HEARINGPRE-ADJUDICATON HEARING6.6. PRELIMINARY CONFERENCEPRELIMINARY CONFERENCE7.7. ADJUDICATION HEARINGADJUDICATION HEARING8.8. DISPOSITIONDISPOSITION9.9. APPEALAPPEAL

Others involved in Ohio’s Justice SystemOthers involved in Ohio’s Justice System

The coroner or medical examiner’s officeThe coroner or medical examiner’s office

Legal aid officesLegal aid offices

Victim/witness assistance Victim/witness assistance and advocate centersand advocate centers

Crisis intervention counselorsCrisis intervention counselors

Battered women’s shelters and service Battered women’s shelters and service organizationsorganizations

Domestic violence counselorsDomestic violence counselors

Rehabilitation centers (narcotics and alcohol Rehabilitation centers (narcotics and alcohol treatment centers)treatment centers)

Others involved in Ohio’s Justice SystemOthers involved in Ohio’s Justice System

County mental health agenciesCounty mental health agencies

Human services agenciesHuman services agencies

County children servicesCounty children services

Consumer protection agenciesConsumer protection agencies

Miranda v. ArizonaMiranda v. Arizona384 U.S. 436, 86 S. Ct. 1602 (1966)384 U.S. 436, 86 S. Ct. 1602 (1966)The defendant was arrested at his home for a rapeThe defendant was arrested at his home for a rapeand taken to the police station. While there, the victimand taken to the police station. While there, the victimidentified him as the rapist. The police took the defendant to identified him as the rapist. The police took the defendant to an interrogation room, where he was questioned by two an interrogation room, where he was questioned by two policepoliceofficers. These officers later testified at trial that the officers. These officers later testified at trial that the defendant was not advised that he had a right to have an defendant was not advised that he had a right to have an attorney present during his questioning. The officers also attorney present during his questioning. The officers also testified that the defendant was not told that he had a right to testified that the defendant was not told that he had a right to be free from self incrimination.be free from self incrimination.The defendant signed a statement that contained a pre-The defendant signed a statement that contained a pre-prepared clause stating that he had full knowledge of his legal prepared clause stating that he had full knowledge of his legal rights. At trial, the written confession was admitted against rights. At trial, the written confession was admitted against the defendant and he was convicted.the defendant and he was convicted.

Miranda v. ArizonaMiranda v. ArizonaISSUE: Whether the written confession given ISSUE: Whether the written confession given by the defendant was obtained in violation of by the defendant was obtained in violation of the defendant‘s Fifth Amendment right to be the defendant‘s Fifth Amendment right to be free from compulsion?free from compulsion?

HELD: Yes. The written confession by the HELD: Yes. The written confession by the defendant was obtained in violation of the defendant was obtained in violation of the defendant‘s Fifth Amendment privilege defendant‘s Fifth Amendment privilege against compulsory self incriminationagainst compulsory self incrimination.

Miranda v. ArizonaMiranda v. ArizonaThe Court defined a custodial interrogation as The Court defined a custodial interrogation as

questioning initiated by law enforcement questioning initiated by law enforcement officers after a person has been taken into officers after a person has been taken into custody or otherwise deprived of his freedom of custody or otherwise deprived of his freedom of action in any significant way…action in any significant way…

Custodial Interrogation.Custodial Interrogation.

Cops+Custody+Questioning=MirandaCops+Custody+Questioning=Miranda

Miranda v. ArizonaMiranda v. Arizona

However, if the individual indicates in any However, if the individual indicates in any manner that he wishes to remain silent, manner that he wishes to remain silent, the interrogation must cease. Similarly, if the interrogation must cease. Similarly, if the individual states that he wants an the individual states that he wants an attorney, the interrogation must cease attorney, the interrogation must cease until an attorney is present.until an attorney is present.

Terry v. OhioTerry v. Ohio392 U.S. 1, 88 S. Ct. 1868 (1968)392 U.S. 1, 88 S. Ct. 1868 (1968)Police Detective McFadden had been a police officerPolice Detective McFadden had been a police officerfor 39 years. He served 35 years of those years as a detectivefor 39 years. He served 35 years of those years as a detectiveand 30 of those years walking a beat in downtown and 30 of those years walking a beat in downtown Cleveland.Cleveland.At approximately 2:30 p.m. on October 31, 1963, OfficerAt approximately 2:30 p.m. on October 31, 1963, OfficerMcFadden was patrolling in plain clothes. Two men, ChiltonMcFadden was patrolling in plain clothes. Two men, Chiltonand the defendant, standing on a corner, attracted hisand the defendant, standing on a corner, attracted hisattention. He had never seen the men before, and he wasattention. He had never seen the men before, and he wasunable to say precisely what first drew his eye to them. Hisunable to say precisely what first drew his eye to them. Hisinterest aroused, Officer McFadden watched the two men. interest aroused, Officer McFadden watched the two men. He saw one man leave the other and walk past several He saw one man leave the other and walk past several stores.stores.

Terry v. OhioTerry v. OhioThe suspect paused and looked in a store window, then The suspect paused and looked in a store window, then walked a short distance, turned around and walked back walked a short distance, turned around and walked back toward the corner, pausing again to look in the same store toward the corner, pausing again to look in the same store window. Then the second suspect did the same. This was window. Then the second suspect did the same. This was repeated approximately a dozen times. At one point, a third repeated approximately a dozen times. At one point, a third man approached the suspects, engaged them in a brief man approached the suspects, engaged them in a brief conversation, and left. Chilton and the defendant resumed conversation, and left. Chilton and the defendant resumed their routine for another 10-12 minutes before leaving to their routine for another 10-12 minutes before leaving to meet with the third man.meet with the third man.Officer McFadden testified that he suspected the men wereOfficer McFadden testified that he suspected the men werecasing a job, a stick-up,‖ and that he feared they may have a casing a job, a stick-up,‖ and that he feared they may have a gun. Officer McFadden approached the three men, gun. Officer McFadden approached the three men, identified himself and asked for their names. The suspects identified himself and asked for their names. The suspects mumbled something in response.mumbled something in response.

Terry v. OhioTerry v. OhioOfficer McFadden grabbed the defendant, spun him Officer McFadden grabbed the defendant, spun him around and patted down the outside of his clothing. Officer around and patted down the outside of his clothing. Officer McFadden felt a pistol in the defendant‘s leftMcFadden felt a pistol in the defendant‘s leftbreast pocket of his overcoat, which he retrieved. Officerbreast pocket of his overcoat, which he retrieved. OfficerMcFadden then patted down Chilton. He felt and retrievedMcFadden then patted down Chilton. He felt and retrievedanother handgun from his overcoat. Officer McFadden another handgun from his overcoat. Officer McFadden patted down the third man, Katz, but found no weapon. patted down the third man, Katz, but found no weapon. The government charged Chilton and the defendant with The government charged Chilton and the defendant with carrying concealed weapons.carrying concealed weapons.

Terry v. OhioTerry v. OhioISSUES: ISSUES: 1. Whether the detective‘s actions amounted to1. Whether the detective‘s actions amounted toa seizure?a seizure?2. Whether the detective‘s actions amounted a2. Whether the detective‘s actions amounted asearch?search?HELD: HELD: 1. Yes. Detective McFadden seized the1. Yes. Detective McFadden seized thedefendant when he grabbed him.defendant when he grabbed him.2. Yes. Detective McFadden searched the2. Yes. Detective McFadden searched thedefendant when he put his hands on thedefendant when he put his hands on thedefendant‘s person.defendant‘s person.

Terry v. OhioTerry v. OhioThe Court permitted Detective McFadden to conduct the The Court permitted Detective McFadden to conduct the limited intrusions of stopping the suspects based on limited intrusions of stopping the suspects based on articulable (reasonable) suspicion that criminal activity articulable (reasonable) suspicion that criminal activity was afoot. The Court also found that Detective was afoot. The Court also found that Detective McFadden demonstrated reasonable suspicion that the McFadden demonstrated reasonable suspicion that the men were armed and dangerous.men were armed and dangerous.

Therefore, the Court allowed his limited intrusion onto Therefore, the Court allowed his limited intrusion onto their persons in search of weapons. While both their persons in search of weapons. While both standards are less than probable cause, the Court standards are less than probable cause, the Court acknowledged that limited intrusions, based on acknowledged that limited intrusions, based on articulated, reasonable suspicion can bearticulated, reasonable suspicion can bereasonable.reasonable.

BASIC DEFINITIONSBASIC DEFINITIONS““Original jurisdiction” - means the authority to Original jurisdiction” - means the authority to hear and decide an issue first, where the issue hear and decide an issue first, where the issue can be initiated.can be initiated.

““Appellate jurisdiction” - means the authority to Appellate jurisdiction” - means the authority to review a decision of a lower court.review a decision of a lower court.

““Court of limited jurisdiction” - means that the Court of limited jurisdiction” - means that the court’s authority is restricted to specified issues court’s authority is restricted to specified issues or questions.or questions.

““Court of record” - those in which a final record Court of record” - those in which a final record of the proceedings is made.of the proceedings is made.

““Court not of record” - those in which in Court not of record” - those in which in no record is made, though a docket and no record is made, though a docket and notes may be kept.notes may be kept.

““General jurisdiction” - means the court General jurisdiction” - means the court has authority to hear and decide all issues has authority to hear and decide all issues that come before it unless specifically that come before it unless specifically limited by law to another court.limited by law to another court.

““Presiding judge” - in courts having more Presiding judge” - in courts having more than one judge, one of them may be than one judge, one of them may be elected to carry out the administrative elected to carry out the administrative duties and powers for the functioning of duties and powers for the functioning of the court.the court.