INTRODUCTION TO CRIMINAL JUSTICE.
CHAPTER 1, CRIME AND JUSTICE IN THE UNITED STATES
PROJECTS FOR CHAPTER ONE
1.
WATCH LOCAL TELEVISION STATION’S BROADCAST OF THE EVENING OR MORNING NEWS FOR
ONE WEEK. PLEASE RECORD THE TYPES OF CRIMES THAT ARE REPORTED.
THE NEXT WEEK RECORD THE TYPES OF CRIMES THAT ARE REPORTED ON THE EVENING
NATIONAL NEWS. COMPARE THE SIMILARITIES AND DIFFERENCES OF THE CRIMES REPORTED.
2.
IN CONNECTION WITH THE COMPLETION OF THE FIRST ASSIGNMENT, STUDENTS SHALL WATCH
DIFFERENT CRIME SHOWS ON TELEVISION, SUCH AS MOVIES OR NET WORK SERIES AND
COMPARE THE TYPES OF CRIMES PRESENTED IN THESE SHOWS. COMPARE SIMILARITIES AND
DIFFERENCES OF THE CRIMES REPORTED.
3.
DISCUSS HOW DIFFERENT INSTITUTIONS OF SOCIAL CONTROL IN SOCIETY, SUCH AS THE FAMILY,
SCHOOLS, ORGANIZED RELIGION,THE LAW, AND CRIMINAL JUSTICE, PERSUADE PEOPLE TO
ABIDE BY THE DOMINANT VALUES OF SOCIETY.
4.
DEBATE: ONE GROUP WILL ARGUE THAT THERE IS TOO MUCH MONEY IS CURRENTLY BEING
SPENT ON CRIMINAL JUSTICE; THE OTHER GROUP SHOULD ARGUE THAT THERE IS NOT ENOUGH
MONEY BEING SPENT ON CRIMINAL JUSTICE. AT THE END STUDENTS NEED TO EXPLAIN WHICH
SIDE WAS MORE PERSUASIVE AND WHY.
5.
LOOK UP THE TOP TEN NEWS STORIES OF THIS YEAR SO FAR. IDENTIFY AND GIVE A DETAILED
DESCRIPTION OF EACH CRIME.
STUDENTS ARE RESPONSIBLE FOR ANSWERING THE CHAPTER OBJECTIVES WHEN ASSIGNED IN
CLASS.
STUDENTS ARE RESPONSIBLE FOR WRITING TERMS/VOCABULARY IN THEIR VOCABUALRY BOOKS.
LESSON 1
PDN- What do you think an Institution of social control is? (answer in five sentences)
VOCABULARY-
Institution of social control
Jurisdiction
Arrest
Booking
Prosecuting attorney-responsibility in court room-
Defense Attorney-responsibility in court room-
Judge-responsibility in court room-
The criminal justice system
The criminal justice system is the response when everything else in society fails. It is a failure or a breakdown of social control that is experienced in our society. Family is the first defense in teaching proper behaviors that are accepted by society. School and religion are the next two social institutions that help develop and form people’s behaviors. When they fail, and social rules are broken the people call the police to handle offenses.
The criminal justice system consists of police, courts and corrections.
Police
The first contact an offender has with the criminal justice system is usually with the police (or law enforcement ) who investigate a suspected wrong-doing and make an arrest . When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order.
Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction.
Formed in 1908 the Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and " law enforcement agency " in the United
States .
Police are generally involved in when they observe or a crime is reported to them. This initial contact begins the police action or an investigation into the situation which occurred.
Courts
The courts serve as the venue where disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non professional individuals. These include the judge , prosecutor , and the defense attorney . The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff or plaintiff's counsel. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.
A defense attorney counsels the accused on the legal process, likely outcomes for the accused and suggests strategies. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt. Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client.
At trial, the defense attorney may attempt to offer a rebuttal to the prosecutor's accusations. The bailiff is also in the court room. They provide safety in the court room and escort defendants back and forth to the court room. In some states and counties, sheriffs also perform this responsibility.
Corrections
Offenders are then turned over to the correctional authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons, exile and execution were the primary forms of punishment. Historically shame punishments and exile have also been used as forms of censure.
Charging documents
There are Three types of charging documents
1.
A criminal complaint
2.
An Information
3.
A grand jury indictment
Punishment (in the form of prison time) may serve a variety of purposes. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. Many societies also view prison terms as a form of revenge or retribution, and any harm or discomfort the prisoner suffers is "payback" for the harm they caused their victims. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or job training to prisoners as a chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners. If a prisoner is released before his time is served, he is released as a parole.
IN PARAGRAPH FORM, PLEASE WRITE THREE THINGS THAT YOU HAVE LEARNED
TODAY IN YOUR PDN BOOK.
LESSON 2
VOCABULARY IN PDN BOOK
Arraignment - A hearing in which the defendant is formally charged and hears the charges being brought against him or her. Bail is also set at this time. After an arraignment follows a preliminary hearing.
Bind over - At the time of the preliminary hearing, if the judge finds there is probable cause to believe that the defendant committed a crime, the defendant is ordered to stand trial.
Criminal Complaint - A formal charging document, filed by the District Attorney, setting forth the charge(s) and facts of an alleged crime.
Custodial interrogationQuestioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way, thus requiring that the person be advised of his or her applicable constitutional rights.
Defendant – The person charged with a criminal offense. This is the person alleged to have committed a particular crime.
Dismissal - The charge or charges against the defendant are dismissed. No conviction.
District Attorney - Under state law, the prosecuting attorney who represents the state in each county.
Assistant District Attorney - An attorney who acts on the District Attorney's behalf.
Felony - A crime that is punishable by confinement in a state prison for a term exceeding more then five years.
Information - A charging document that is filed with the Court after the preliminary hearing. This document formally charges the defendant.
Initial Appearance (arraignment) - A defendant's first appearance in court. The court advises the defendant of the charge(s), penalties, rights and sets bond. In felony cases, a date is often set for a preliminary hearing. In misdemeanor cases, the initial appearance is also the arraignment and, often times, in different states the defendant will enter a plea.
Misdemeanor - A crime that is punishable by confinement to a county jail for five years or less and/or a fine.
Nolle prosequi Latin legal phrase meaning "to be unwilling to pursue"
[2]
a Latin construction that amounts to "please do not prosecute". It is the term used in many common law criminal jurisdictions to describe a prosecutor 's application to discontinue criminal charges before trial , or up until, but before verdict
A person enters the system when:
There is an initial contact. This can occur when the police are summoned to a location for suspicious or criminal activity, or if the police observe an act and then approach that individual.
Once personal information is obtained it is placed in the police system if further investigation or an arrest is going to be made.
If a person is arrested, they are then taken to the magistrate for a preliminary hearing, or they are summoned to a preliminary arraignment.
At the preliminary arraignment a person is told the charges being brought against him or her. Their
rights, and bail is set. It is not the time to plead guilty or not guilty.
After the arraignment, a preliminary hearing set to determine if there is probable cause of the charges.
Both parties may agree to plea to some charges and drop others.
The case is then transferred to trial court. Normally there is a pretrial hearing to see if an agreement can be discussed and agreed upon.
QUIZ ONE
Students –
Refer to page in book that has a general overview of the criminal justice process. Make your own chart on the overview of the criminal justice process- with the proper corrections! Only do the entry into the system and the first part of the prosecution and pretrial services
Hand out – three actors of the court system. Read and mark up.
TOTD- PLEASE WRITE 2 PARAGRAGHS ON THE PURPOSES OF THE KEY ACTORS OF
THE COURT SYSTEM IN YOUR PDN BOOKS.
LESSON 3
VOCABULARY
Motions - Court hearings held to answer legal questions. May be held before, during, or after a trial.
Plea - A person accused admits or denies commission of a crime by pleading guilty (no contest) or not guilty. The accused can be convicted on his/her plea of guilty (no contest).
Preliminary hearing - A hearing to determine if there is probable cause to believe a crime was committed and if the defendant committed it. If probable cause is established, the case will proceed. If not, the case is dismissed.
Pretrial Conference - A conference between attorneys to see if the case can be settled without going to trial.
Probable Cause - A judicial determination that there is sufficient evidence for the case to proceed to trial.
Restitution - An amount of money ordered by the Court to be paid to the victim for property losses or injuries caused by the crime.
Sentencing - A hearing in which the punishment of a defendant is announced. This occurs after a guilty plea or a finding of guilty by a jury or the Court. Victims and witnesses may be present for and address court prior to sentencing.
Subpoena - A legal order which requires a person to appear in Court to testify as a witness. The subpoena lists the date, time, place and proceeding for which a witness must appear.
Trial - A hearing where the prosecution and defense present evidence to establish the defendant's guilt or innocence. The burden is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. If the Court finds the defendant guilty, the case proceeds to sentencing. If the defendant is found not guilty, the case is dismissed
Review handout on key actors of the court system.
Quiz 2
Work sheet on key actors.
Work Sheet Name __________________________ Date_____________________
Today there is a trial on the case of Urma Therma. She was accused of stealing a radio and music cd’s from the local store of “We are jammen”. The owner of the store saw THERMA take the items, and called the police. THERMA was taken into custody and was identified by the owner and surveillance video. All items were entered into evidence.
1.
The judge: Mr. John Miller. a.
What is the judges role in the presentation of evidence? b.
What is his role in pertaining to motions by the attorneys or other trial procedures? c.
What is his role concerning the jury? d.
What is the judges role in sentencing the defendant?
2.
The bailiff, Susan Calhon is in the court room. a.
What is Dupty Calhon’s function in side of the court room? b.
What is her role concerning the jury?
3.
The commonwealth attorney is Pocket Player. a.
What is Mr. Players’ role in trial? b.
What can Mr. Player say in his opening statement? Write a sample. c.
How will Mr. Player present the case? How should he?
Please use a separate piece of paper for your response. Place this paper in your notebooks for future use.
LESSON 4
VOCABULARY
ORDINANCE VIOLATION
COMPLAINT
INFORMATION
GRAND JURY INDICTMENT
ARREST WARRANT
INITIAL APPEARANCE
SUMMARY TRIAL
PROBABLE CAUSE
BAIL
GRAND JURY
Please use the above words In a word splash. Only one word can be used per sentence.
What is the purpose of plea bargaining?
Student will list advantages and disadvantages of plea bargaining.
Research Employment in Protective Service Occupations.
Prosecution Chart.
LESSON 5 GOVERNMENT IN THE UNITED STATES
VOCABULARY
BENCH TRIAL
PRESENTENCE INVESTIGATION REPORTS
PAROLE
SYSTEM
CONFLICT
OFFENDER
The Government of the United States
The legislative branch
1. The Legislative Branch writes the bills.
2. There are two groups of the Legislative Branch
3. There are 100 senators and 435 representatives, a total of 535.
4. When the bill is written they need a simple majority to make it a law
5. When the representatives and senators meet together they are called the congress.
6. A senator serves 6 years.
7. A representative serves 2 years.
8. The Constitution got started in 1787.
9. The first ten Amendments are called The Bill of Rights
10.A bill has to go through the Congress to get to the President
The Executive branch
The Judicial branch