Chapter 2Chapter 2

The Organization of the The Organization of the Criminal Justice SystemCriminal Justice System

The CourtsThe Courts

Trial CourtsTrial Courts – judicial tribunals usually – judicial tribunals usually presided over by one judge who presided over by one judge who conducts proceedings and trials in civil conducts proceedings and trials in civil and criminal cases with or without a jury.and criminal cases with or without a jury.

Appellate CourtsAppellate Courts – judicial tribunals – judicial tribunals that review decisions from lower that review decisions from lower tribunals.tribunals.

There are 13 Federal Judicial Circuits.There are 13 Federal Judicial Circuits.

The CourtsThe Courts

Courts of General JurisdictionCourts of General Jurisdiction – – courts that conduct trials in felony courts that conduct trials in felony and major misdemeanor cases. Also and major misdemeanor cases. Also refers to courts that have jurisdiction refers to courts that have jurisdiction to hear civil as well as criminal cases.to hear civil as well as criminal cases.

Courts of Limited JurisdictionCourts of Limited Jurisdiction – – courts that handle pretrial matters courts that handle pretrial matters and conduct trials in minor and conduct trials in minor misdemeanor cases.misdemeanor cases.

Court RulesCourt Rules

Rules of ProcedureRules of Procedure – – rules rules promulgated by courts of law under promulgated by courts of law under constitutional or statutory authority constitutional or statutory authority governing procedures for trials and governing procedures for trials and other judicial proceedings.other judicial proceedings.

Appellate Rules of Procedure Appellate Rules of Procedure – – Rules which govern the Rules which govern the methodology and procedure of methodology and procedure of appeals.appeals.

Federal CourtsFederal Courts

United States Supreme CourtUnited States Supreme Court highest court in the U.S. highest court in the U.S. nine justices review the decisions of nine justices review the decisions of

lower federal courts and many decisions lower federal courts and many decisions of the highest courts of each state.of the highest courts of each state.

Writ of CertiorariWrit of Certiorari – – writ issued by writ issued by appellate court to grant discretionary appellate court to grant discretionary review of a case decided by lower review of a case decided by lower court.court.

Federal CourtsFederal Courts

US Courts of AppealUS Courts of Appeal Reviews cases appealed from the Reviews cases appealed from the

federal district courtsfederal district courts

Federal Trial CourtsFederal Trial Courts The court of original jurisdictionThe court of original jurisdiction

State CourtState Court

Supreme courtSupreme court District courtDistrict court Magistrate or small claims courtMagistrate or small claims court Administrative Law CourtAdministrative Law Court

Police EncountersPolice Encounters

VoluntaryVoluntary – No reason. – No reason. Terry StopTerry Stop - Reasonable Suspicion – - Reasonable Suspicion –

police officer’s belief based on all police officer’s belief based on all relevant circumstances that criminal relevant circumstances that criminal activity is afoot.activity is afoot.

ArrestArrest - Probable Cause – - Probable Cause – reasonable ground for belief in reasonable ground for belief in certain alleged facts.certain alleged facts.

Initial Stage of the Criminal Initial Stage of the Criminal ProcessProcess

ArrestArrest Police action to take someone into Police action to take someone into

custody.custody. Trial InformationTrial Information

document filed by prosecutor under document filed by prosecutor under oath charging one or more people with oath charging one or more people with commission of a crime.commission of a crime.

IndictmentIndictment a Formal document handed down by a a Formal document handed down by a

grand jury accusing one or more people grand jury accusing one or more people of the commission of a crime.of the commission of a crime.

Miranda WarningsMiranda Warnings

A warning given by police to people A warning given by police to people who have been taken into custody who have been taken into custody before interrogation.before interrogation.

Court EncountersCourt Encounters

Grand Jury Grand Jury group of citizens convened either to group of citizens convened either to

conduct an investigation or to determine conduct an investigation or to determine if there is sufficient evidence to warrant if there is sufficient evidence to warrant prosecution of an accused.prosecution of an accused.

They can issue an indictment or refuse They can issue an indictment or refuse to do so.to do so.

Stages of the Criminal ProcessStages of the Criminal Process

Initial AppearanceInitial Appearance – first – first appearance after arrest of the appearance after arrest of the accused before a judge.accused before a judge. the defendant is the defendant is

informed of the chargesinformed of the charges right to counselright to counsel and a determination is made as to bail.and a determination is made as to bail.

Pretrial ReleasePretrial Release – obligation to appear – obligation to appear in court of law at a given time.in court of law at a given time.

Stages of the Criminal ProcessStages of the Criminal Process

Preliminary HearingPreliminary Hearing – hearing held to – hearing held to determine whether there is sufficient determine whether there is sufficient evidence to hold an accused for trial.evidence to hold an accused for trial.

ArraignmentArraignment – appearance before a – appearance before a court of law for the purpose of pleading court of law for the purpose of pleading to a criminal charge.to a criminal charge. Defendant has four options:Defendant has four options:

Plead guiltyPlead guilty Plead not guiltyPlead not guilty Plead nolo contendere – no contestPlead nolo contendere – no contest Remain silent – court enters a plea of not guiltyRemain silent – court enters a plea of not guilty

Stages of the Criminal ProcessStages of the Criminal Process

Plea BargainPlea Bargain – agreement between – agreement between a defendant and prosecutor where a defendant and prosecutor where the defendant agrees to plead guilty the defendant agrees to plead guilty in exchange for some concession in exchange for some concession (reduction in number of charges).(reduction in number of charges).

Pretrial MotionsPretrial Motions

Pretrial MotionsPretrial Motions – request for a – request for a ruling or order before the ruling or order before the commencement of trial.commencement of trial.

Dismiss chargesDismiss charges Suppression of evidenceSuppression of evidence Change of venueChange of venue ContinuanceContinuance Inspect minutes of grand jury proceedingsInspect minutes of grand jury proceedings Request psychiatric evaluation of accusedRequest psychiatric evaluation of accused Request closure of pretrial proceedingsRequest closure of pretrial proceedings Inspect evidence in hands of prosecutionInspect evidence in hands of prosecution

Stages of the Criminal ProcessStages of the Criminal Process

Trial JuryTrial Jury – fixed number of citizens, 6 – – fixed number of citizens, 6 – 12, selected according to law and sworn 12, selected according to law and sworn to hear the evidence presented at a trial to hear the evidence presented at a trial and to render a verdict based on the law and to render a verdict based on the law and the evidence.and the evidence.

Stages of the Criminal ProcessStages of the Criminal Process Jury SelectionJury Selection – (Venire) process of – (Venire) process of

selecting prospective jurors at random selecting prospective jurors at random from lists of people representative of from lists of people representative of the community.the community.

Voir direVoir dire - to speak the truth. Prospective - to speak the truth. Prospective jurors are questioned by counsel before being jurors are questioned by counsel before being selected to serve on jury.selected to serve on jury.

Peremptory ChallengesPeremptory Challenges – objection to the – objection to the selection of a prospective juror in which the selection of a prospective juror in which the attorney making the challenge is not required attorney making the challenge is not required to state the reason for the objection.to state the reason for the objection.

Challenges for CauseChallenges for Cause – objection to a – objection to a prospective juror on some specified ground.prospective juror on some specified ground.

Conduct of trialConduct of trial

Exigent CircumstancesExigent Circumstances – situations – situations that demand unusual or immediate that demand unusual or immediate action.action.

Exclusionary RuleExclusionary Rule – judicial – judicial doctrine forbidding the use of doctrine forbidding the use of evidence in a criminal trial where the evidence in a criminal trial where the evidence was obtained in violation of evidence was obtained in violation of defendant’s constitutional rights.defendant’s constitutional rights.

Trial Procedures and Trial Procedures and AdjudicationAdjudication

TermsTerms Reasonable doubtReasonable doubt – doubt that a – doubt that a

reasonable person might entertain in reasonable person might entertain in regard to the veracity of a proposition regard to the veracity of a proposition after hearing the evidence.after hearing the evidence.

Cross-examinationCross-examination – process of – process of interrogating a witness who has testified interrogating a witness who has testified on direct examination by asking on direct examination by asking questions concerning testimony given. questions concerning testimony given. Designed to bring out bias or Designed to bring out bias or inconsistencies in the witness’ inconsistencies in the witness’ testimony.testimony.

SentencingSentencing Pre-sentence investigationPre-sentence investigation – An – An

investigation held before sentencing a investigation held before sentencing a criminal to aid the court in determining the criminal to aid the court in determining the appropriate punishment.appropriate punishment.

Indeterminate sentencingIndeterminate sentencing – A – A prison prison sentence for indeterminate periods until sentence for indeterminate periods until officials determine that rehabilitation has officials determine that rehabilitation has been accomplished.been accomplished.

Determinate sentencingDeterminate sentencing – A – A judge sets a judge sets a fixed term of years within statutory fixed term of years within statutory parameters and offender must serve that parameters and offender must serve that term without early release.term without early release.

Stages of the Criminal ProcessStages of the Criminal Process

Appeal and Discretionary ReviewAppeal and Discretionary Review Right to appealRight to appeal – statutory right to – statutory right to

appeal decisions of lower courts in appeal decisions of lower courts in certain circumstances.certain circumstances.

Harmless errorsHarmless errors – errors that occur that – errors that occur that do not materially affect the court’s do not materially affect the court’s decision.decision.

Postconviction ReliefPostconviction Relief Writ of habeas corpusWrit of habeas corpus – requires party – requires party

be brought before the court. Primary be brought before the court. Primary function is to release a person from function is to release a person from unlawful confinement.unlawful confinement.