Manuel MendiolaCriminal Justice Chapter 1 Criminal Justice Process And Jurisdiction of felonies and...

Manuel Mendiola Criminal Justice

Chapter 1

Criminal Justice Process

And Jurisdiction of felonies and misdemeanors

Manuel Mendiola Caprock 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.


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


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.


11 Steps

• Criminal event• Investigation• Arrest• Booking• First appearance• Bail• Preliminary Hearing/Grand Jury in Texas• Indictment• Arraignment• Trial• Sentencing


Investigation and Arrest

• Criminal Event– Committed in the

presence of a peace officer or reported

• Investigation– Witnesses– Victims– Video

• Arrest– Enough information for

the arrest. Judge signs the warrant

– Miranda Warnings

• Booking– Finger printing– Picture– Personal info taken


Pretrial activities

• First appearance– Informed or charges

by any judge– Miranda rights– Attorney– May be given a

• Bond/Bail– Guarantees

appearance in court

• Preliminary Hearing– All information taken– When enough info…

• Indictment or Complaint– Complaint for a

Misdemeanor– Indictment for a Felony

• Arraignment…


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


Adjudication and Sentencing

• Trial– Guilty Plea goes to

sentencing– Acquitted the def is

released– Convicted goes to

Sentencing

• Sentencing– A separate hearing– Information obtain for

the “fair” sentence.– Witnesses may

introduced by prosecutor or defense to support their case.

– Prison, fine, death, probation


Two types of corrections

• Imprisonment– Misdemeanors in

County or City jail– Felonies in Prison

Parole – May be given for good

conduct

• Probation– If completed the def is

discharged– If violated the

probation is revoked and the def serves an imprisonment term


One thing about sentencing,

• Concurrent:– Two or more

sentences served at the same time. A person serving two four year sentences will get out in four years.

• Consecutive:– Two or more

sentences served one after the other. A person serving two four year sentences will get out in eight years.


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


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?…


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.


Compare: Public v. Private law

• Crime• State v. Defendant• Punishment include

fine, jail, prison, death.

• Fines paid go to the state

• State

• Tort• Plaintiff v. Defendant• Punishment: Fine

only• Fines paid go to the

plaintiff.• Individual


Amendments

• 4th Right: against illegal searches and seizure.

Warrants must have probable cause.

Warrant must state the name of the person and the charges

• 5th : Right against self-incrimination or to remain silent,

Right to due process of the law

Right against double jeopardy.


Amendments, cont…

• 6th Right to an attorney

Right speedy trial

Right to jury trial

Right to obtain witnesses

Right to cross examine witnesses

• 8th Right against cruel and unusual punishment.

Right against excessive bail

Right against excessive fines


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.


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


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.


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”.

• 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:– 5th

Manuel Mendiola McKinney North Criminal Justice

• 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

Manuel Mendiola McKinney North Criminal Justice

Manuel MendiolaCriminal Justice Chapter 1 Criminal Justice Process And Jurisdiction of felonies and...

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