Introduction
The Rule of
Law
English Roots of
American Justice
System
Key
elements
of the medieval
tithing system
Definition: tithing
Grouping
together of
10
families
Requirements of Tithing
Obey
the
law
Requirements of Tithing
Keep
peace in
their
area
Requirements of Tithing
Bring law violators to
justice
Ten tithings formed a Hundred
Several hundreds made a Shire
(Size of a county)
Shire was directed by a
“Shire Reeve”
or Sheriff
History and Structure of
American Law
American law
enforcement
agencies have
limited
authority
Authority and
Jurisdiction are
determined by
law
Authority and
jurisdiction
are determined
at the federal,
state & local levels….
Jurisdiction
A politically defined geographic area
Jurisdiction
The right or authority of a
justice agency to act in regard to
a particular
subject
matter,
territory or
persons
Jurisdiction
The right or authority of a
justice agency to act in regard to
a particular subject matter,
territory or persons
Jurisdiction
Metro City
Defines laws an agency is
permitted to enforce
Defines duties it is allowed
to perform
Federal Agencies
Immigration and Naturalization Service –
INS (now known as ICE)
Drug Enforcement-DEA
U.S. Marshal’s
Service
United
States
Secret
Service
Internal Revenue Service
U.S. Customs Service
Bureau of
Alcohol,
Tobacco
Firearms
and
Explosives
United States Postal
Service
Top 4 Federal Agencies
IRS
FBI
US
Customs
INS
Substantive vs.
Procedural Law
Substantive Law
Defines criminal
offenses and
their penalties
Substantive Law
Defines criminal
offenses and
their penalties
Procedural Law
Explains how substantive
laws are to be
administered
(due
process)
The Administration
of Justice
Dual
Court
System of the
United States
 United States
Supreme Court
 Circuit Courts
of Appeals
 District Courts
7-2:The Federal Co
7-3:The Thirteen United States
Circuits
State Court System
State Systems vary by State
State Court System
California
 Supreme
 Court of Appeal
 Superior
United States Supreme
Court
The Court
of Last
Resort
United States Supreme
Court
 Rule of Four
 Writ of
Certiorari
 Writ of
Habeas Corpus
Dual Court System of the United States
Federal Court System
U.S Supreme
Court
U.S. Courts of
Appeal
State Court System
Courts of Last Resort
Intermediate Courts
of Appeal
Trial Courts of
General Jurisdiction
U.S. District
Courts
Ted Rubin’s 10
Purposes of Courts
1. To “Do Justice”
2. To “ Appear to
do Justice”
Ted Rubin’s 10
Purposes of Courts
3. To provide a forum
to resolve disputes
4. To censure
wrongdoing
Ted Rubin’s 10
Purposes of Courts
5. Incapacitate
convicted criminals
6. Punish criminal
offenders
Ted Rubin’s 10
Purposes of Courts
7. Rehabilitate criminal
offenders
8. General deterrence of
public by punishing
criminal offenders
Ted Rubin’s 10
Purposes of Courts
9. Determine legal status
10. Protect citizens
against arbitrary
government action
Key Actors in the Court
Process
Defense
Attorney
Judge
Prosecutor
Powers of the Prosecutor
 Conduct
final
screening of case
 Decide to
charge person
with crime
Powers of the Prosecutor
 Decide whether to
prosecute or not
 if decide to
prosecute, they
determine what the
charge will be
Powers of the Prosecutor
 No
prosecution
decision is nolle
prosequi, or
nol. pros.
Why prosecutors are
the most powerful
actors in the Criminal
Justice process
Prosecutors
 Conduct the final
screening of all
persons arrested
 Decide to
charge or not
Prosecutors
 Decide to
prosecute or not
 Decide what the
charges will be
Prosecutors
 Decide whether to
plea bargain or not
 Recommend the
amount of bail in
many jurisdictions
Why Prosecutors don’t
Charge
Why Prosecutors don’t
Charge
Nolle Prosequi
 Offense did not cause
sufficient harm
 Statutory punishment for
a crime is too harsh
for a particular
offender
Nolle Prosequi
 Criminal charge made
for the wrong reasons
 Law is regularly
violated with
impunity
Nolle Prosequi
 Victim may refuse to
testify
 Humanitarian
considerations for
victim or offender
Nolle Prosequi
Accused person
cooperates in the
apprehension
and/or conviction
of other
criminals
Nolle Prosequi
Accused is wanted for
prosecution of a more
serious crime
in another
jurisdiction
Nolle Prosequi
May be more cost
effective to simply have
the parole revoked and
return
offender
to prison
Defense Attorneys
Accused has
the right to
“the assistance
of counsel for
his defense”
Judge
Responsibilities
Determining
Probable Cause
Signing Warrants
Responsibilities
 Informing
suspects of their
rights
Responsibilities
 Setting and
revoking bail
 Arraigning
defendants
Responsibilities
 Accepting
guilty pleas
 Managing
courtroom and staff
Responsibilities
 Ensuring a
jury has a chance to
reach a verdict on
evidence presented
Responsibilities
 Instructing
jury on the law
 Imposing
sentences
Problems
of Innocent
people ….
….wrongly
accused of
crimes
Inability to establish an
alibi
Being
identified by
witness (wrongly)
Inadequate representation
Inability to establish an
alibi
Being
identified by
witness (wrongly)
Inadequate representation
Amendments that apply to Criminal Justice
System
th Amendment
no
unreasonable
searches or
seizures
Exclusionary Rule
To deter the
police...
Exclusionary Rule
from violating
people’s
fourth
amendment
rights
th Amendment
No double jeopardy
No self-incrimination
th Amendment
Grand jury
indictment in felony
cases
th Amendment
Speedy and
public trial
Right to counsel
th Amendment
Impartial jury
of state and district
where crime
occurred
th Amendment
Notice of
nature and cause of
accusation
th Amendment
Right to
confront witnesses
th Amendment
Compulsory
process for
obtaining favorable
witnesses
th Amendment
No excessive
bail and fines
No cruel and unusual
punishment
inter
Standards of Proof
Mere
suspicion
Standards of Proof
Reasonable
suspicion
Standards of Proof
Probable
cause
Standards of Proof
Preponderance
of evidence
Standards of Proof
Clear and
convincing
evidence
Standards of Proof
Proof beyond a
reasonable
doubt
Standards of Proof
Absolute
certainty
Probable Cause
For an
arrest to
occur
need……
Probable Cause
 Tangible evidence
that a crime has been
committed
Probable Cause
 Belief that the person
arrested committed the
crime….
Probable Cause
 based on what a
reasonable person
would believe
United States
Supreme Court
test for
determining...
….fourth
amendment
seizure
(arrest)
“ A person has
been seized within
the meaning of the
fourth amendment
only if, in view of all
the circumstances…..
…surrounding the
incident, a reasonable
person would have
believed that he was
not free to leave.”
U.S. v. Mendenhall, 1980
Under Mendenhall
Situations that
might be
construed as
seizures:
Under Mendenhall
Threatening
presence
of several
officers
Under Mendenhall
Display of
a weapon
by an
officer
Under Mendenhall
Some physical
touching
Under Mendenhall
Use of language that
indicates that...
Under Mendenhall
compliance
with the
officer’s
requests is
necessary
Probable cause for a
legal search
Specific objects are
connected
with
criminal activity
Probable cause for a
Objects
will be
found in
the place
searched
Probable cause for a
Objects
will be
found in
the place
searched
Probable cause for a
Based on
what a
reasonable
person
would believe
Fifth Amendment
 Protection
against selfincrimination
Fifth Amendment
 Protection
against selfincrimination
Fifth Amendment
 Right to a
grand jury
indictment in
felony cases
Fifth Amendment
Protection
against
double
jeopardy
Miranda Warnings
Required before
questioning
Miranda Warnings
Right to remain
silent
Miranda Warnings
 Anything said
can be used
against the
suspect in court
Miranda Warnings
 Right to the
presence of an
attorney
Miranda Warnings
 If suspect
cannot afford an
attorney, one will
be provided
Sixth Amendment
Right to a speedy
and public trial
Sixth Amendment
 Right to an impartial
jury
 Right to be informed
about the accusation
Sixth Amendment
 Right to confront
witnesses
Sixth Amendment
Right to compulsory
process for obtaining
favorable witnesses
Sixth Amendment
Right to
legal
counsel
Sixth Amendment’s
right to counsel
extended to “critical
stages”
“Critical Stages”
 Arraignment
 Plea-bargaining process
 Initial appearances
 First appeal when
applicable
“Critical Stages”
 Proceedings after
Grand Jury indictment
 Post-indictment police
lineups
 Sentencing
“Critical Stages”
 Juvenile court
proceedings when
institutional confinement
is a possibility
 Preliminary
hearings
“Critical Stages”
 Misdemeanor when jail
may be a sentence
 Psychiatric examination
showing dangerousness
in a death penalty
case
Eighth Amendment
Protection
against
excessive
bails
Eighth Amendment
Protection
against cruel and
unusual
punishment
Wrongful Convictions
 Eyewitness
misidentification
 Police errors
Wrongful Convictions
 Prosecutor errors
 Guilty pleas by
innocent defendants
Wrongful Convictions
 Community
pressures
 False accusations
Wrongful Convictions
 Judicial errors, bias
or neglect of duty
 Errors by medical
examiners or forensic
experts
Wrongful Convictions
Errors in
record
keeping of
criminals