First Appearance Preliminary Hearing Information or Indictment

Monday, August 2oth
Objective: To discuss class thoughts on crime
and social order.
Wednesday, August 22
Objective: To have a better understanding of the
history of crime in our country as well as the
balance of individual rights and public order.
Wednesday, August 22nd
Objective: To have a better understanding of
the history of crime in our nation.
American History of Crime
1850 – 1880
Early 20th century
1945 – 1960
1960 – 1970
1970 – 1980
Mid 80’s
Early 90’s
Mid 90’s
•Wave of organized crime -Prohibition
•Crime rates remained relatively stable
•Activities of enforcement agencies began
to be scrutinized (Rodney King, Waco, TX)
•“Traditional Crimes” – murder rape, and
assault increased astronomically
•Individual Accountability
•Crime up due to social upheaval of large –
scale immigration
•Concern for rights of individuals = civil
rights movement. Dramatic increase in
reported criminal activity
•Large increase in drugs and gangs
• 2001 – USA Patriot ACT
• Bernard MADOFF
• 2011 – FBI most – wanted terrorist
• Schmalleger Twitter
• Tru TV - Justice in News
Criminal Justice
policy makers
Book Resources
• Conduct in violation of the
criminal laws of a state, the
federal government, or a local jurisdiction
• no legally acceptable justification or excuse.
USA Patriot Act of 2001
Tool that broadens
investigative authority of
law enforcement
Applicable to many crimes other
than terrorism
Enacted in response to terrorist
attacks on Sept. 11th, 2001
Loudly proclaim that the rights of
the victimized and call for an
increased emphasis on social
responsibility and criminal
punishment for convicted criminals
Interests of society should
take precedence over
individual rights
One who seeks to protect
personal freedoms within the
process of criminal justice.
Carry banner of civil and
criminal rights for the
accused and convicted
Thursday, August 23rd
Have a better understanding explaining Criminal vs.
Criminal Justice.
“We will bring
our enemies to
justice: or we
will bring
justice to our
•Truth in action
•Principle of moral
to truth
•Administration of Justice
•Justice is the ultimate goal here
•Concerns violations of criminal law
• Relationships between
citizens, government
agencies, and businesses
in private matters
What are the three components of
the criminal justice system?
Justice is more a product of conflicts
among agencies within the system than
it is the result of cooperation among Clearance
component agencies.
Rates – pg. 19
• Lab day to work on Process Project
• Objective: Utilize class time to work on a better
understanding of your step in the justice system
Friday, August 24
Investigation and Arrest
•Provides legal basis
for an apprehension
by police
Process officially recording an entry
into detention after arrest and
identifying the person, the place,
time, reason for arrest, and arresting
In 1963, Ernesto Miranda was accused of kidnapping and raping
an 18-year-old, mildly retarded woman. He was brought in for
questioning, and confessed to the crime. He was not told that he
did not have to speak or that he could have a lawyer present. At
trial, Miranda's lawyer tried to get the confession thrown out, but
the motion was denied. In 1966, the case came in front of the
Supreme Court. The Court ruled that the statements made to the
police could not be used as evidence, since Miranda had not
been advised of his rights.
Performed during
arrest and prior to
• You have the right to remain silent. Anything you say
can and will be used against you in a court of law. You
have the right to speak to an attorney, and to have an
attorney present during any questioning. If you cannot
afford a lawyer, one will be provided for you at
government expense.
Miranda v
• #1 – Investigation
• #2 – Arrest (limits “arrestee’s” freedom)
• Serious Step
• Roughly ½ of all people arrested are eventually convicted
• Of those, only ¼ are sentenced to a year or more in prison
• #3 – Booking
• Happens during arrest process
The Process - Beginning
• Within hours of arrest
• Brought before Magistrate (judicial
• Advised of charges against them
• Advise of rights AGAIN
• Opportunity for Bail if an option
• Lawyer appointed if needed
#4 - First
• Establish efficient evidence
• Is there probable cause to believe that…
• A crime has been committed
• The defendant committed the crime
• Judicial Decision
• Discovery function for the Defense
• ? Based on prosecuting strength is there a plea bargain?
#5 – Preliminary Hearing
• Formal written accusation
• Prosecutor may seek to continue case
against defendant by filing this with
the court
• Filed on basis of the outcome of
preliminary hearing
• Similar to information
• Returned by a grand jury before prosecution can
• Alleges that a specified person has committed a specified
offense, usually a felony
• First appearance of the
defendant before the court
that has the authority to
conduct a trial
• Accused stands before a
judge – hears information or
indictment against him or her
as it is read
Accused enters a plea
Not guilty, Guilty, or no contest
First Appearance
before a judge
Bail & Bond
Preliminary Hearing
Sufficient Evidence
Probable Cause
Information or Indictment
Formal Written Accusation
Grand Jury formal
indicting authority
Accused stand before a judge – Enters a plea
Deadlocked – jury can’t decide = judge declares mistrial
Process by which a court
arrives at a decision
regarding a case
Bench Trial = before a judge rather than jury
Supervised Probation
Prison Term
Combination of Above
Sentences served at
the same time
Sentences served in
Submit to supervision by
probation officer and
meet other conditions set
by court
Offenders who have
served a portion of their
prison sentences may be
freed on parole!
5th and 14th Amendment =
Protection of individual rights
pg. 24
• Found the Court embracing the 6th
Amendment guarantee of a
right to a lawyer for
all criminal defendants and
mandating that states provide
lawyers for defendants who are
unable to pay for them.
Gideon vs.
Society that is home to a variety
of different cultures that maintain
unique cultural identities