Post on 09-Feb-2017
Criminal Justice ProcessThe
Formal
Only the criminal justice system maintains the power to control crime and punish those who
violate the law.
Local, state, and county agencies
18,000Agencies
employees
1.1M Law
enforcement officers
800,000 Federal
officers
120,000
EMPL
OYEE
S
Courts
17,000- Prosecutor
ial agencies
8,000 Correction
al institution
s
6,000Probation and parole
dept.
3,500+
AGEN
CIES
Arrested each year
11MCases heard
each year
96MCases involve
a criminal matter
20MCases involve
juvenile offenders
2M
COUR
TS
Under correctional supervision
7MIncarcerated
2M+Supervised in
the community
4.75M
CORR
ECTI
ONS
2.9M(2014)
2M+
Incarcerated
UTAH
THE SYSTEM: AGENCIES OF CRIME CONTROL POLICE 1. Contact
2. Investigation3. Arrest4. Custody
PROSECUTION AND DEFENSE
5. Complaint/charging6. Grand jury/preliminary hearing7. Arraignment8. Bail/detention9. Plea negotiations
COURT 10. Adjudication11. Disposition12. Appeal/postconviction remedies
CORRECTIONS
13. Correction14. Release15. PostreleaseFigure 1.1 from the book, page 14
1. Contact• When an officer, person or suspect
confesses to a crime or is confronted about a possible crime.
2. Investigation• Sufficient evidence is needed to
support a legal arrest.
3. Arrest• Evidence has been physically seen or
documented.• Officer witnesses the crime.• Officer believes there’s sufficient
evidence to make an arrest.
4. Custody• Suspect is in custody, the officer may
search for further evidence.• While in custody, the suspect is
protected from abuse, illegal searches and intimidation.
5. Charging• When sufficient evidence exists to
charge a person with a crime, the case will be turned over to the prosecutors office.
• Prosecutors will decide what action to take.
• If no action is taken, it’s called a nolle prosequi.
6. Preliminary Hearing/Grand Jury• Our constitution mandates probable
cause.• 50% of states this determination is
made by a grand jury.– Remaining states, prosecution will file a
charging document. (an information)• Another name for a preliminary
hearing is a probable cause hearing.
7. Arraignment• Before the trail, defendant will be
brought before the court to hear the case.
8. Bail/detention• Money bond levied to ensure a return
of a criminal to trail.• Allows defendant to remain in the
community before their trial.
9. Plea Bargaining• Defense will discuss a possible guilty
plea in exchange for the prosecution reducing or dropping some charges.
• Request for a more lenient sentence.• 90% of all cases end in plea bargain.
10. Trail/adjudication• When an agreement or settlement
cannot be reached, the trail will be held before a judge.
11. Sentencing/Disposition• After a criminal trail, if accused is
found guilty they will return to court for sentencing.
12. Appeal/postconviction Remedies
• Defense can ask trial judge to set aside jury’s verdict.– Jury has made a mistake of law–Misinterpreting judges instructions– Convicting a charge not supported by
evidence• Appeal maybe filed after conviction if
defendant believes constitutional rights were violated.
CriminalJusticeFunnel
Figure 1.2 from the book
page 13
For every 1,000
federal crimes,
about 20 people are
sent to prison
13. Correctional Treatment• Offenders placed within the
jurisdiction of the state or federal corrections authorities.–May serve probationary term– Place in community correctional facility– Serve term in jail– Housed in a prison
• Offender maybe asked to take rehabilitation program.
14. Release• After completion of sentence and
period of correction, offender will be freed to return to society.
• Most inmates do not serve the full term of sentence.– Early release for good time or behavior.
15. Postrelease• After termination of correctional
treatment, offenders maybe asked to spend time in a community correction center.– Halfway house–Work release programs
THE SYSTEM: AGENCIES OF CRIME CONTROL POLICE 1. Contact
2. Investigation3. Arrest4. Custody
PROSECUTION AND DEFENSE
5. Complaint/charging6. Grand jury/preliminary hearing7. Arraignment8. Bail/detention9. Plea negotiations
COURT 10. Adjudication11. Disposition12. Appeal/postconviction remedies
CORRECTIONS
13. Correction14. Release15. PostreleaseFigure 1.1 from the book, page 14
Utah Criminal Justice ReformReducing first-time and second-time drug possession convictions from felonies to
misdemeanors, expanding mental health and substance abuse treatment services for offenders, providing opportunities for inmates to earn sentence reductions by completing specified programs meant to
keep them out of prison in the future, and offering greater assistance to people
transitioning out of prison.
HBO | VICE | Ep16 | Special Report: Fixing the System
The criminal justice system is society’s instrument of social
control.
Criminal Justice ProcessThe
Formal