Chapter 1
Criminal Justice Process
And Jurisdiction of felonies and
misdemeanors
Manuel Mendiola
Criminal Justice
Justice…What?...Why?...
• What is Justice?
– Fairness or moral equity.
• A $160 fine for no seat belt, child <14
– Is this just? Is it fair?
• Is this an attempt to obtain financial
support for the State or County?
• The justice systems attempts to be fair
with the punishment of the offenders.
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Caprock Criminal Justice
Fair punishment?
• Misdemeanors
– Class C: Fine only of max $500; Jurisdiction is
in the Municipal Court
• Some serve jail time for class c, but for failure to
pay the fine.
– Class B: Fine up to $2000 and/or 180 days
– Class A: Fine $4000 and/or 1 year jail.
– Jurisdiction: Both A and B will be tried in the
County Court
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Caprock Criminal Justice
Felonies: Jurisdiction in the District
Courts
• All felonies have and/or a $10,000 fine
except Capital Felony; no fine
• State Jail Felony: 180 days to 2 years
• 3rd degree: 2 to 10 years
• 2nd degree: 2 to 20 years
• 1st degree: 5 to 99 or life
• Capital Felony: death penalty.
Manuel Mendiola
Caprock Criminal Justice
11 Steps
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Criminal event
Investigation
Arrest
Booking
First appearance
Bail
Preliminary Hearing/Grand Jury in Texas
Indictment
Arraignment
Trial
Sentencing
Manuel Mendiola
Caprock Criminal Justice
Investigation and Arrest
• Criminal Event
• Arrest
– Committed in the
presence of a peace
officer or reported
• Investigation
– Witnesses
– Victims
– Video
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– Enough information for
the arrest. Judge signs
the warrant
– Miranda Warnings
• Booking
– Finger printing
– Picture
– Personal info taken
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Pretrial activities
• First appearance
• Preliminary Hearing
– Informed or charges
by any judge
– Miranda rights
– Attorney
– May be given a
• Bond/Bail
– Guarantees
appearance in court
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– All information taken
– When enough info…
• Indictment or
Complaint
– Complaint for a
Misdemeanor
– Indictment for a Felony
• Arraignment…
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Pretrial cont…
• Arraignment
– Happens in actual court with jurisdiction
(108th District Court of Potter County)
– Attorney present with the defendant
– Indictment is read the the defendant.
– Defendant gets a copy
– Defendant pleas guilty, not guilty, or no contest
• A No Contest is not the same as a guilty plea. It cannot be
used later as an admission of guilt
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Caprock Criminal Justice
Adjudication and Sentencing
• Sentencing
• Trial
– Guilty Plea goes to
sentencing
– Acquitted the def is
released
– Convicted goes to
Sentencing
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– A separate hearing
– Information obtain for
the “fair” sentence.
– Witnesses may
introduced by
prosecutor or defense
to support their case.
– Prison, fine, death,
probation
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Two types of corrections
• Imprisonment
• Probation
– Misdemeanors in
County or City jail
– Felonies in Prison
Parole
– May be given for good
conduct
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– If completed the def is
discharged
– If violated the
probation is revoked
and the def serves an
imprisonment term
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One thing about sentencing,
• Concurrent:
• Consecutive:
– Two or more
sentences served at
the same time. A
person serving two
four year sentences
will get out in four
years.
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– Two or more
sentences served one
after the other. A
person serving two
four year sentences
will get out in eight
years.
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Social Control
• The use of sanctions and rewards within a
group to influence and shape the behavior
of individuals. Encompasses both civil and
criminal law
• Do we have too many laws to control our
behavior?
• Exercise
• To protect the citizens
Manuel Mendiola
Caprock Criminal Justice
Why protect the rights?
• Individual rights advocate:
– Those who seek to protect personal freedoms
within the justice system
• Public order advocates:
– Those who suggest that the interests of
society should take precedence over
Individual Rights in criminal violations
• What are Individual Rights?…
Manuel Mendiola
Caprock Criminal Justice
Bill of Rights
• The first ten Amendments of the Const.
• Social Justice: Concerned with all aspects
of civilized life
• Criminal Justice: Concerned with same as
social justice and violations of the law.
• Civil Justice: The civil law, procedures and
activities dealing with private law.
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Caprock Criminal Justice
Compare: Public v. Private law
• Crime
• State v. Defendant
• Punishment include
fine, jail, prison,
death.
• Fines paid go to the
state
• State
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• Tort
• Plaintiff v. Defendant
• Punishment: Fine
only
• Fines paid go to the
plaintiff.
• Individual
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Amendments
• 4th Right: against
illegal searches and
seizure.
Warrants must have
probable cause.
Warrant must state the
name of the person
and the charges
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• 5th : Right against
self-incrimination or to
remain silent,
Right to due process of
the law
Right against double
jeopardy.
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Amendments, cont…
• 6th Right to an
attorney
Right speedy trial
Right to jury trial
Right to obtain
witnesses
Right to cross examine
witnesses
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• 8th Right against cruel
and unusual
punishment.
Right against excessive
bail
Right against excessive
fines
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Models in the Justice System
• Consensus Model: assumes that the
system’s subcomponents work together
harmoniously to achieve justice.
• Conflict Model: assumes that the
subcomponents function to serve their
own interests. Justice is a result of this not
because of cooperation.
• Both models work in our system.
Manuel Mendiola
Caprock Criminal Justice
Understanding the Grand Jury
• Grand Jury: a selected group of people who get
together as scheduled to decide on the
information in a crime. They decide to file the
indictment or drop the charges against the
accused.
• Grand jurors must qualify to vote and must be
residents of the county. (18 years of age)
• Sessions are held in secret: attorneys, bailiffs
and witnesses are the only present in hearing
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Caprock Criminal Justice
Grand Jury…cont.
• Prosecuting attorney presents the
information
• Defense is not allowed to cross examine
at this time and may not be present
• Grand jury may obtain the advice of the
prosecuting attorney or from the judge on
matters regarding the law.
• The indictment is then filed when at least 9
of the 12 vote yes, Foreman signs it.
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Caprock Criminal Justice
Differences
• Jury Trial is public and grand jury session
is secret.
• It takes 9 grand jurors to indict and it takes
all 12 trial jurors to convict a felon.
• Grand jury decides on indictment and the
Trial Jury decides on verdict.
• When grand jury cannot file indictment it is
called a No Bill, when trial jury cannot
decide on verdict it is called a “hung jury”.
Manuel Mendiola
Caprock Criminal Justice
• The right to an attorney:
– 6th
• The right against self incrimination:
– 5th
• The right against cruel/unusual punishmnt
– 8th
• Warrants must have probable cause:
– 4th
• The right against illegal searches/seizure:
– 4th
• The right to due process of the law:
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–
5th
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• The right against excessive fines/bail:
– 8th
• The right to cross examine witnesses:
– 6th
• Warrants must have Probable Cause:
– 4th
• The right to a public and speedy trial:
– 6th
• The right against Double Jeopardy:
– 5th
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McKinney North Criminal Justice