Criminal Justice Process

Transcription

1 Criminal Justice Process

2 1. Describe the basic steps that are followed when a crime is investigated. (See the chart on page 135)

3 Search and Seizure Warrant file an affidavit (sworn statement of facts) that proves search is justified approved by a judge No search warrant needed: - during an arrest - stop and frisk - consent - plain view - vehicle - emergency situations - pursuit - border/airport control

4 Interrogations & Confessions Interrogation asking the accused questions involving the crime after the arrest Suspect has right to remain silent, right to attorney, and right not to self- incriminate himself Confessions can not pursued through force, torture, threats, or other techniques that could illegally lead to someone confessing to a crime

5 How should a police interrogation What are the rules and procedures that should be followed? Miranda vs. Arizona Supreme Court Case - Video - Court Case be conducted?

6 Apply and Discuss Local police were investigating a burglary in a large city. They believed that the burglary had been committed by Blaine, a person who had served a prison term but was now out on parole. A detective went to Blaine s s home and left him a note asking him to come down to the police station. Blaine read the note and went to the police station to speak to the detective. Upon entering the detective s s office, he was told that he was not under arrest. Then he was told that the police were investigating a burglary at a specific address and that his fingerprints had been found at this location. At this point, Blaine confessed to the crime. The detective never read him his Miranda warnings, and the detective knew that Blaine s s fingerprints had not been found at the scene. Before Blaine s trial on the burglary charge, he and his attorney asked the court to throw out the confession because he had not been given his Miranda warnings. The judge refused and, after a trial, Blaine was convicted. State the issue the appeals court will have to decide. What arguments can be made for Blaine? What arguments can be made for the state? How should this case be decided? Explain why.

7 The Criminal Justice System Step 2: Proceedings Before Trial Chapter 13

8 Booking and Initial Appearance Booking formal process of making police report - Identified - Fingerprinted - Photographed - Urine test, blood test, handwriting sample, etc. Misdemeanor plead guilt or not guilty Felony wait for arraignment Bail money to ensure that person returns to court Most people leave booking station after this step

9 Preliminary Hearing/Grand Jury Preliminary Hearing used in felony cases to if enough evidence exists for defendant to stand trial (used in over 30 states) Video Grand Jury group of people who decide if enough evidence exists for defendant to stand trial (used in under 20 states) In Grand Jury majority vote rules Finally, defendant pleads either guilty or not guilty Video

10 Over 95% of cases end in a guilty plea bargain Plea Bargaining granting concessions for the defendant in exchange of guilty vote Pros and Cons of Plea Bargaining? Plea Bargaining = Cheap Justice? Plea Bargaining

11 Criminal Justice Process: Sentencing and Corrections (Chapter 15)

12 Sentencing Options Probation released after agreeing to certain conditions (staying drug free) Probation Home Confinement serve term at home; often enforced with use of ankle bracelet Fine pay fee set by court Restitution required to pay back or make up for loss of victim Work Release allowed to work in community, but have to serve jail time at night and/or weekends Prison either set amount years or with minimum/maximum conditions Death Penalty enough said!!!

13 Purposes of Punishment Retribution eye for an eye philosophy Deterrence -keeping criminals from wanting to repeat criminal activity - keeping individuals from committing crime Rehabilitation trying to change criminals behavior, so they can return to society and be productive Incapacitation physically separating criminal from community, thus community is safer

14 Prison Statistics 1 out of every 100 Americans is in jail Largest group in prison is African Americans between meaning 1 out of every 9 African Americans between is in prision Approx 2.5 million in prison U.S. imprisons more citizens than any other nation on the planet (even China, which has 4 times the population of America)

15 Death Penalty in the World

16

17 Death Penalty Stats 3,581 prisoners sentenced to death ( ) - 1,969 Caucasians - 1,538 African Americans Hispanics - 33 Asians - 51 Women - 66% had prior felony convictions - 8% had prior homicide convictions - Average education = 11 th grade - Average age = 28 - Age range 19-86