Attitudinal Survey on the CJS

Is the defendant always treated fairly in a court of
law?

Are you more likely to be proven innocent the
more money you have?

Is there more or less crime in the US as there was
a decade ago?

Should everyone be required to serve on a jury at
least once in their life?

Should people be able to appeal only one time if
they disagree with the outcome of their trial?

Should a criminal be able to plea bargain?

Does the US have the best CJS in the world?
The Adult Criminal Justice
Process
What is the sequence of events in the criminal justice system?
Prosecution and pretrial services
Entry into the system
Refusal to indict
Grand jury
Unsolved Released
Released Charges Charges Felonies
or not
without
without
dropped or dropped or
arrested prosecution prosecution dismissed dismissed
Reported
and
observed
crime
Investigation
Information
Arrest
Charges
filed
Initial
appearance
Preliminary
hearing
Bail or
detention
hearing
Crime
Information
Misdemeanors
Prosecution as a
juvenile
Juvenile
offenders
Police
juvenile
unit
Unsuccessful
diversion
Diversion by law enforcement, prosecutor, or court
Waived to
Intake
Formal juvenile
criminal
hearing court
court processing
Informal processing
diversion
Nonpolice referrals
Released or Released or
diverted
diverted
The Adult Criminal Justice
Process
Sentencing
and sanctions
Adjudication
Charge dismissed Acquitted
Arraignment
Trial
Appeal
Corrections
Pardon
Habeas and
Capital
corpus clemency punishment
Probation
Revocation
Convicted Sentencing
Prison
Guilty plea
Parole
Alternatives
to incarceration
Reduction
of charge
Charge
dismissed
Arraignment
Jail
Acquitted
Trial
Revocation
Conviction Sentencing
Guilty plea
Revocation
Out of
system
(registration,
notification)
Out of
system
Out of
system
Probation
Out of system
Probation or other
nonresidential disposition
Disposition
Adjudication
Released
Revocation
Residential
placement
Out of
system
Aftercare
Revocation
Crime
•An
offense against society
•Must
be reported
Investigation
 Police
gather and examine
evidence to locate a suspect
Arrest
 Seizure
of a person- Miranda
rights read
 Booking-
an official record of
an arrest; fingerprints and
photograph taken
Charges Filed
 First
court appearance
 Habeas
corpus- a right which
prevents unlimited detention
by the police; they have 24
hours to take the suspect
before a judge
Preliminary Arraignment
 Initial
court appearance
 Judge
decides at first glance of
the facts whether to release
suspect on bond or hold them
in prison until trial
 Standard
of proof judge uses is
called prima facie
Preliminary Hearing
 Must
be 3-10 days after the
first court appearance
A
bail hearing usually happens
Grand Jury/Information
A
group of 23 citizens who
determine if a person will be
held for trial
 If
there is enough evidence
they will issue an indictment,
an official accusation of a
crime
 Sometimes
the district attorney
gather the evidence and issues
an indictment- called an
“information”
Arraignment
 Entering
a plea of guilty or not
guilty as to an indictment
Trial
 If
the jury/judge finds the
accused not guilty, then there
is an acquittal
 If
the jury/judge finds the
accused guilty, then they are
convicted
Pre-Sentence Investigation
 To
determine the best
punishment given the limits of
law and the record of the
convicted
Sentencing
 Punishment
given
C3-S6
Figure 3.5
The Funnel Effect of the
Standard of Proof
A.Decisions to be Made,
and by Whom
1. Decision to
approach a
person: police.
2. Stop and frisk:
police.
B.Legal Standard C.Est.
of Proof
Probability
of Guilt
Articulate facts
that crime is afoot
(New York).
NA
Reasonable suspicion.
30%
Probable cause.
50%
Judicial affirmation of
probable cause.
55%
Reasonable grounds to believe
guilty (jacked-up probable cause).
74%
Prima facie case.
75%
Guilt beyond a reasonable doubt.
90%
3. Arrest: police, magistrates.
4. First appearance: magistrate.
5. Preliminary hearing: judge.
D. Number of
Persons
Processed
(latest
available
figures)
2,733,350 (1997)
2,924,800 (1994)
6. Indictment: grand jury.
7. Conviction: court and/or jury,
defendant’s guilty plea.
8. Sentence to prison: judge.
Judicial discretion within limits of statute.
911,842 (1994)
Est. 419,447 (1994)
Appeal
 Applying
for a 2nd trial because
of a mistake made in the 1st
trial
Jail vs. Prison
Prison has a greater:

# of inmates

length of the sentences

degree of security

number of rehabilitation programs
Jail or
prison?
Parole
 being
released early from
prison for good behavior
-no parole under federal law
-If out on parole, person is on
probation
Probation
 an
alternative to prison where
a person has a restricted life
style (house arrest, drug
testing, etc)
Group A
Group B
____Indictment
____Appeal
____ Grand Jury
____Sentencing
____ Probation
____Setting of
Bail
____ Preliminary
Arraignment
____Parole
____ Preliminary Hearing
____ Booking