Criminal Justice system
Government 122
Standard SSCG21
• SSCG21 The student will describe the
causes and effects of criminal activity.
– Examine the nature and causes of crimes.
– Explain the effects criminal acts have on their
intended victims.
– Categorize different types of crimes.
– Explain the different types of defenses used by
perpetrators of crime.
Standard SSCG21

WHY DO PEOPLE
COMMIT CRIMES?

Environment

Poverty

Discrimination

Stress

Learned behaviors

Response to Social Condition

Breakdown in law
enforcement
• HOW DOES
CRIME IMPACT
A VICTIM?
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–
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Fear
Injury
Loss
Search for Justice
Crime Categories
• Crimes against Persons
• Crimes against Property
• Victimless Crimes
• White Collar Crimes
• Organized Crime
Types of Defense
• The Insanity Defense implies that the individual was not of sane
mind when committing the alleged crime and unable to
comprehend the consequences of his/her actions; therefore, he/she
should not be held criminally liable for the crimes committed
during this time.
• The Intoxication Defense argues that since the individual was
intoxicated on a toxic substance, he/she should not be fully
responsible for the actions committed while under the spell of the
substance.
• Self-Defense involves the act of protecting one’s self or family
from harm. Self-defense is only a valid defense when the
consequence of the alleged violation is proportionate to the
defensive force or act.
Standard SSCG22
• SSCG22 The student will demonstrate
knowledge of the criminal justice process.
• Analyze the steps in the criminal justice
process.
• Explain an individual’s due process rights.
• Describe the steps in a criminal trial or civil
suit.
• Examine the different types of sentences a
convicted person can receive.
Criminal Justice System
Types of Crimes
– Petty Offenses – minor crimes usually
punished with a ticket and fine (parking
illegally, littering, disturbing the peace,
minor trespassing, speeding)
–
Misdemeanors – more serious crimes
that may be punishable by fine or
imprisonment - usually up to 1 year and
up to $1000 fine (vandalism, simple
assault, writing bad checks, being drunk
or disorderly)
–
Felonies – serious crimes punishable by
lengthy prison sentences or capital
punishment - the death penalty
(burglary, kidnapping, arson, rape,
fraud, forgery, manslaughter, murder)
Rights of the Accused
5th Amendment
Can’t be forced to incriminate themselves
Right to a grand jury (decides there is enough evidence for
trial)
Can’t be tried for the same offense of law twice (double
jeopardy)
Right to due process (fair treatment)
6th Amendment
must be told what crimes they have been charged with
have the right to a speedy and public trial
have the right to a lawyer
have the right to question witnesses
Criminal Justice System
Criminal Cases
Investigation and arrest warrant
Arrested and “booked” (charges are recorded)
Brought before judge to be formally charged
Grand Jury decides if enough evidence to hold
a trial
Plea Bargaining takes place in about 90% of
cases
Arraignment is held to read the formal charges
and hear the plea of the accused (guilty, not
guilty, not guilty by reason of mental defect)
Trial Begins Opening statements, witnesses and
evidence presented, jury deliberates and decision
is given to judge
Not Guilty – released
Guilty – Sentencing is determined by the judge
or a sentencing trial is scheduled (eligibility for
parole can be decided in sentencing phase)
Sentencing
• Fines
• Probation
• A suspended sentence,
which takes effect if
conditions such as probation
are violated
• Payment of restitution to the
crime victim
• Community service
• Drug and alcohol rehab
• Incarceration in jail
• Incarceration in prison
(longer-term)
• Death Penalty
•
Under the Violent Crime Control and
Law Enforcement Act of 1994, the
"Three Strikes" statute (18 U.S.C. §
3559(c)) provides for mandatory life
imprisonment if a convicted felon:
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–
•
been convicted in federal court of a
"serious violent felony" and
has two or more previous convictions in
federal or state courts, at least one of
which is a "serious violent felony." The
other offense may be a serious drug
offense.
The statute goes on to define a serious
violent felony as including murder,
manslaughter, sex offenses,
kidnapping, robbery, and any offense
punishable by 10 years or more which
includes an element of the use of
force or involves a significant risk of
force.
House arrest and electronic
monitoring.
• An offender sentenced to house arrest must spend all or
most of the day at home. Compliance is enforced in some
states by requiring the offender to wear a small transmitter
on the wrist or ankle, which sends electronic signals to
monitoring units. House arrest can stand alone as a
sanction or be used with electronic monitoring. It can also
be coupled with fines, community service, and other
sanctions. Some electronic monitoring devices can analyze
an offender's breath to see if the offender has drunk any
alcohol in violation of conditions of the house-arrest
sentence.
Incarceration
• Jails are short-term lock-up centers normally run
by counties and operated by county sheriffs.
Inmates housed in jails include un-convicted
defendants awaiting trial who are unable to make
bail, convicted misdemeanants, and felons serving
jail time as a result of probation violations. Prisons
are long-term penal facilities operated by state and
federal governments. Most prison inmates are
convicted felons serving sentences of more than
one year.
Probation
•
Probation, the most frequently used criminal sanction, is a sentence that an
offender serves in the community in lieu of incarceration. Probationers are
required to adhere to conditions of probation, such as obeying all laws, paying
fines or restitution, reporting to a probation officer, abstaining from drug
usage, refraining from travel out of the area where the offender lives, and
avoiding certain people (for example, other criminals or victims) and places. If
a probationer violates any condition of probation or commits a new crime, the
judge can revoke (take away) probation and incarcerate the offender. Probation
officers monitor offenders and hook them up with various services in the
community. Probation officers handle such large caseloads (on average, 118
per officer in 1994) that they are left with limited time to track or supervise
offenders. Probation is the preferred sentence when the crime is nonviolent,
the offender isn't dangerous, the convicted criminal isn't a repeat offender,
and/or the criminal is willing to make restitution. Due to prison overcrowding,
judges have been forced to place more felons on probation. A Rand
Corporation study found that 60 percent of the felons on probation were
rearrested for a new crime.
ISP
• Intensive supervision probation is used for
offenders needing more supervision. It allows
offenders to live in the community but under
severe restrictions. ISP offenders can be required
to meet with their probation officers as often as
five times a week, to submit to random drug
urinalysis tests, to work, to attend drug treatment,
and to be under tight surveillance.
Boot Camps
• Offenders sentenced to boot camps live in military-style
barracks and undergo rigorous physical and behavioral
training for three to six months. Boot camps are generally
reserved for first-time offenders in their late teens or early
twenties. These highly regimented programs are designed
to instill discipline and hold youths accountable for their
actions. Offenders who successfully complete the program
are resentenced to probation, avoiding confinement in
prison. Research has failed to confirm that boot camps
lower recidivism rates.
House Arrest/Electronic
Monitoring
• An offender sentenced to house arrest must spend all or
most of the day at home. Compliance is enforced in some
states by requiring the offender to wear a small transmitter
on the wrist or ankle, which sends electronic signals to
monitoring units. House arrest can stand alone as a
sanction or be used with electronic monitoring. It can also
be coupled with fines, community service, and other
sanctions. Some electronic monitoring devices can analyze
an offender's breath to see if the offender has drunk any
alcohol in violation of conditions of the house-arrest
sentence.
Community Service
• Paying the community back for harm done,
through doing work that benefits the public,
is the essence of community service.
Offenders can be required, for example, to
pick up trash in parks, plant trees, and wash
away graffiti.
Scarlet Letter
• "Scarlet-letter" punishments or Punishing by shaming
provides a cheap and morally satisfying alternative to
punishment. Courts have ordered people convicted of
assault or child molestation to put signs in their yards,
announcing their crimes. Still other judges have ordered
chronic drunk drivers to put bright orange bumper stickers
on their cars, announcing their problem and urging other
drivers to report erratic driving to the police. Critics say
this form of punishment is unlikely to succeed in changing
the behavior of repeat offenders because those people are
used to breaking society's rules anyway
Asset forfeiture
• Asset forfeiture consists of the government's
seizing of personal assets obtained from or
used in a criminal enterprise. For example,
an airplane may be seized if it was used in
smuggling drugs into the country. Law
enforcement usually keeps the assets.
Restitution
• Restitution requires an offender to pay money to a victim, whereas a
fine requires an offender to pay money to the government. The idea
behind restitution is to make the offender pay the victim back for
economic losses caused by the crime. The offender may, for example,
be required to pay the victim's medical bills or pay a sum of money
equal to the value of property stolen. The biggest problem with
restitution is collecting the money. To enforce restitution orders, a
judge can attach, or garnish, an offender's assets or wages. Another
way to enforce restitution is possible in cases in which restitution is a
condition of probation. If the offender fails to pay restitution, a judge
can revoke the probation and incarcerate the offender.
Fines
• Fines are common for first-time offenders convicted of
crimes such as shoplifting, minor drug possession, and
traffic violations. In more serious cases, judges combine
fines with incarceration or other punishments. If fines
aren't paid, offenders go to jail. Fines discriminate against
the poor. Day fines are a creative response to this problem.
They require offenders to pay a percentage of their weekly
or monthly earnings, thus attempting to equalize the
financial impact of the sentence on the offender.
Civil Cases
• Civil Cases are
called lawsuits
• Usually seeks
damages – an
award of money
• Plaintiff –
the person
who brings
the
complaint
• Defendant
– the person
being sued
Hire a lawyer
File a complaint –
The plaintiff files this legal document
Defendant receives a summons – official notice of
lawsuit
Defendant files an answer – a formal response to
the charges or complaint
Pretrial Discovery
Both sides check facts, gather evidence
Resolution without Trial (90% of civil cases)
Settlement
Pretrial conference aimed at a settlement
Mediation – each side explains their position –
arbitrator decides
Trial
Can be heard by judge or jury (6-12 people)
Each side presents their case
Judge or jury gives a verdict