Oberlin Municipal CourtOberlin Municipal Court Roles in the Criminal Justice System Roles in the Criminal Justice System

andandConsequences of Underage Drinking Consequences of Underage Drinking

Presented by Thomas A. Presented by Thomas A. Januzzi – Judge of the Oberlin Januzzi – Judge of the Oberlin

Municipal CourtMunicipal Court

Roles in Criminal Justice SystemRoles in Criminal Justice System

There are many There are many roles in the justice roles in the justice systemsystem

Each is importantEach is important If everyone does If everyone does

their job the their job the system functions system functions very wellvery well

Roles of the GovernmentRoles of the Government

The three branches The three branches of government all of government all play a part in the play a part in the Justice System: Justice System:

LegislativeLegislative Executive Executive JudicialJudicial

Role of the Legislative Branch Role of the Legislative Branch

To make To make the lawsthe laws

Legislative BranchLegislative Branch

State of OhioState of Ohio Laws are passed by Laws are passed by

the State the State Legislature and Legislature and signed by the signed by the GovernorGovernor

The laws are then The laws are then codified in the Ohio codified in the Ohio Revised CodeRevised Code

Cities and VillagesCities and Villages Laws are passed by Laws are passed by

the City or Village the City or Village CouncilCouncil

Criminal laws Criminal laws prohibiting the prohibiting the same conduct same conduct cannot be more cannot be more strict than State strict than State LawLaw

Role of Executive BranchRole of Executive Branch

Enforce Enforce the lawsthe laws

Executive BranchExecutive Branch

State of OhioState of Ohio GovernorGovernor Attorney GeneralAttorney General State Highway State Highway

PatrolPatrol

Local GovernmentsLocal Governments SheriffSheriff Police Police County ProsecutorCounty Prosecutor Local (City) Local (City)

ProsecutorsProsecutors

Role of Law Enforcement in CourtRole of Law Enforcement in Court

Executive Branch Executive Branch of Governmentof Government

PolicePolice ProsecutorProsecutor

PolicePolice

The police officers The police officers main involvement main involvement in court is as a fact in court is as a fact witness in a casewitness in a case

He or she may be He or she may be called to testify called to testify against an accusedagainst an accused

Preparation for TrialPreparation for Trial

The police officer The police officer must be prepared must be prepared to testify about the to testify about the facts of the casefacts of the case

Preparation begins Preparation begins the moment the the moment the officer becomes officer becomes involved in a caseinvolved in a case

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Attention to detail Attention to detail is extremely is extremely important important

The officer must The officer must document as much document as much of the detail as of the detail as possible in her/his possible in her/his written reportwritten report

The police must The police must work very closely work very closely with the prosecutorwith the prosecutor

The ProsecutorThe Prosecutor The prosecutor The prosecutor

represents the represents the interests of the interests of the public public

He/she determines He/she determines whether a person whether a person should be charged should be charged with a crime and with a crime and whether the whether the charges should charges should continue against a continue against a person after he/she person after he/she has been chargedhas been charged

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It is NOT the It is NOT the prosecutors duty to prosecutors duty to convict a person convict a person accused of a crime accused of a crime in every case in every case where a person has where a person has been charged with been charged with a crimea crime

-continued--continued-

It is the It is the prosecutors duty to prosecutors duty to seek justiceseek justice

Why does the prosecutor have a Why does the prosecutor have a special duty?special duty?

Prosecutor represents the Prosecutor represents the government – governmental powers government – governmental powers should be used with restraintshould be used with restraint

Decisions affecting the public should Decisions affecting the public should be fair to all – including those be fair to all – including those accused of a crimeaccused of a crime

DUKE LACROSSE CASEDUKE LACROSSE CASE

Durham County District Durham County District Attorney Mike Nifong Attorney Mike Nifong has been disbarred has been disbarred after being found guilty after being found guilty of a battery of ethics of a battery of ethics violations for his violations for his handling of the Duke handling of the Duke Lacrosse investigation, Lacrosse investigation, a North Carolina Bar a North Carolina Bar disciplinary committee disciplinary committee announced Saturday announced Saturday evening. evening.

Rights of the Rights of the AccusedAccused

Right to be Represented by an Right to be Represented by an AttorneyAttorney

Every person Every person accused of a crime accused of a crime that has the that has the potential of a jail potential of a jail sentence has a sentence has a Constitutional Constitutional Right to have an Right to have an attorney represent attorney represent themthem

Role of the Defense AttorneyRole of the Defense Attorney

The duty of the defense attorney is The duty of the defense attorney is to represent her/his client zealously to represent her/his client zealously within the bounds of the lawwithin the bounds of the law

The attorney’s job is not to win at all The attorney’s job is not to win at all costscosts

The attorney must balance the duty The attorney must balance the duty to his/her client with his/her to his/her client with his/her obligation to obey the rulesobligation to obey the rules

There is a fundamental tension in the There is a fundamental tension in the profession. It is zealously protecting your profession. It is zealously protecting your client while acknowledging your duty to client while acknowledging your duty to

the judicial system. The ability to tolerate the judicial system. The ability to tolerate and balance this tension differentiates and balance this tension differentiates

the average lawyer from the exceptional the average lawyer from the exceptional lawyer. An exceptional lawyer has the lawyer. An exceptional lawyer has the

fortitude and self confidence to convince fortitude and self confidence to convince a client not to misuse the system. a client not to misuse the system.

-William Raleigh-William Raleigh

Right to a TrialRight to a Trial

Court TrialCourt Trial Jury TrialJury Trial

Right to Subpoena WitnessesRight to Subpoena Witnesses

Court can order a Court can order a person to appear person to appear and testifyand testify

Right of ConfrontationRight of Confrontation

The right to The right to confront the confront the accuseraccuser

The right to cross-The right to cross-examine witnessesexamine witnesses

Right to have the prosecution prove Right to have the prosecution prove the charge beyond a reasonable the charge beyond a reasonable

doubtdoubt Reasonable doubt Reasonable doubt

is not mere is not mere possible doubt possible doubt because everything because everything relating to human relating to human affairs is open to affairs is open to some possible or some possible or imaginary doubtimaginary doubt

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Proof beyond a Proof beyond a reasonable doubt is reasonable doubt is proof of such proof of such character that an character that an ordinary person ordinary person would be willing to would be willing to rely and act upon it rely and act upon it in the most in the most important of important of his/her own affairshis/her own affairs

William BlackstoneWilliam Blackstone

Better that ten Better that ten guilty persons guilty persons escape than that escape than that one innocent one innocent suffer suffer

Sir William Blackstone (1723-Sir William Blackstone (1723-1780) Knight, King's Counsel, 1780) Knight, King's Counsel, Solicitor to the Queen, Member of Solicitor to the Queen, Member of Parliament, and a Justice of the Parliament, and a Justice of the Court of Common Pleas and the Court of Common Pleas and the King's Bench. His Commentaries King's Bench. His Commentaries on the Laws of England grew out on the Laws of England grew out of his lectures as a professor at of his lectures as a professor at Oxford, and were published in Oxford, and were published in four volumes from 1765-1769.four volumes from 1765-1769.

Right to remain silent Right to remain silent at the trialat the trial

The right The right against against self-self-incriminatiincriminationon

Role of Judicial BranchRole of Judicial Branch

Apply law to the Apply law to the facts of the casefacts of the case

Interpret lawsInterpret laws

Judicial BranchJudicial Branch

State of Ohio State of Ohio Supreme Court of OhioSupreme Court of Ohio Court of Appeals (12 Court of Appeals (12

Districts) 9Districts) 9thth District – District – Lorain; Medina; Lorain; Medina; Summit and Wayne Summit and Wayne countiescounties

Trial CourtsTrial Courts County: Common County: Common

Pleas Courts – Felony Pleas Courts – Felony offenses; Domestic offenses; Domestic Relations and Juvenile Relations and Juvenile DivisionsDivisions

Municipal Courts – Municipal Courts – Misdemeanor offensesMisdemeanor offenses

Mayors CourtsMayors Courts Court of ClaimsCourt of Claims

JudgeJudge

Requirements to Requirements to Become a Judge in Become a Judge in the State of Ohiothe State of Ohio

Licensed AttorneyLicensed Attorney

Must be a licensed Must be a licensed attorney for 6 attorney for 6 yearsyears

Residency RequirementResidency Requirement

Must be a resident of the jurisdiction Must be a resident of the jurisdiction of the courtof the court

Oberlin Municipal Court JurisdictionOberlin Municipal Court Jurisdiction Cities and VillagesCities and Villages AmherstAmherst OberlinOberlin WellingtonWellington South AmherstSouth Amherst KiptonKipton RochesterRochester

TownshipsTownships AmherstAmherst BrightonBrighton Camden Camden HenriettaHenrietta HuntingtonHuntington New RussiaNew Russia PenfieldPenfield PittsfieldPittsfield RochesterRochester WellingtonWellington

ElectionElection

Must be elected Must be elected Primary election is Primary election is

partisanpartisan General election is General election is

non-partisannon-partisan

Oath of OfficeOath of Office

Must take an oathMust take an oath Promise to uphold Promise to uphold

the Constitutions of the Constitutions of the United States the United States and State of Ohio and State of Ohio and faithfully and and faithfully and impartially perform impartially perform duties of officeduties of office

Term is 6 yearsTerm is 6 years

Term of office is 6 Term of office is 6 yearsyears

No term limitsNo term limits Cannot run for Cannot run for

office if 70 years of office if 70 years of age or moreage or more

Can serve as a Can serve as a substitute judge by substitute judge by assignment if over assignment if over 70 until the age of 70 until the age of 8080

Licensed AttorneyLicensed Attorney

Requirements to Requirements to become a licensed become a licensed attorney in State of attorney in State of OhioOhio

Education RequirementsEducation Requirements

4 year 4 year undergraduate undergraduate degreedegree

3 years minimum 3 years minimum of law schoolof law school

Licensure RequirementsLicensure Requirements

Must take and pass Must take and pass the bar exam – the bar exam – three day testthree day test

Must take an oath Must take an oath Must continue Must continue

education by education by taking 24 seminar taking 24 seminar hours bi-annually hours bi-annually including ethics including ethics and substance and substance abuseabuse

Role of Probation OfficerRole of Probation Officer

Enforce the orders of the court when Enforce the orders of the court when a person is placed on probationa person is placed on probation

Probation Probation

Persons convicted Persons convicted of a crime are of a crime are often not sent to often not sent to jailjail

One alternative to One alternative to jail is to place a jail is to place a person on person on probationprobation

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There are three main types of There are three main types of probationprobation

1. Intensive Supervised Probation1. Intensive Supervised Probation 2. Basic Reporting Supervision2. Basic Reporting Supervision 3. Monitored Time (good behavior)3. Monitored Time (good behavior)

SOME THOUGHTSSOME THOUGHTS

Because:Because: We care about youWe care about you We want you to be We want you to be

safesafe We want you to be We want you to be

successfulsuccessful

Driving TipsDriving Tips

Drive the Speed Drive the Speed LimitLimit

Wear your seat beltWear your seat belt Turn your radio Turn your radio

downdown Make your friends Make your friends

wear their wear their seatbelts – if you seatbelts – if you care about themcare about them

Alcohol and DrugsAlcohol and Drugs

Don’t drink alcohol Don’t drink alcohol until you are 21until you are 21

After you are 21 After you are 21 drink responsiblydrink responsibly

Don’t ever drink Don’t ever drink and drive and drive

Don’t use illegal Don’t use illegal drugsdrugs

Friends Friends

Choose your friends Choose your friends carefullycarefully

You are known by You are known by the company you the company you keepkeep

You have free will –You have free will –use it wiselyuse it wisely

A true friend A true friend respects your wishes respects your wishes and will not force and will not force you to change for you to change for him/herhim/her

Why are we telling you these Why are we telling you these things?things?

We care about youWe care about you We want you to be safeWe want you to be safe We want you to be successfulWe want you to be successful

Underage DrinkingUnderage Drinking Each year, Each year,

approximately 5,000 approximately 5,000 young people under the young people under the age of 21 die as a age of 21 die as a result of underage result of underage drinking; this includes drinking; this includes about 1,900 deaths about 1,900 deaths from motor vehicle from motor vehicle crashes, 1,600 as a crashes, 1,600 as a result of homicides, 300 result of homicides, 300 from suicide, as well as from suicide, as well as hundreds from other hundreds from other injuries such as falls, injuries such as falls, burns, and drowningsburns, and drownings

Alcohol PoisoningAlcohol Poisoning

How does alcohol How does alcohol poisoning occur?poisoning occur?The drug alcohol is The drug alcohol is a central nervous a central nervous system depressant system depressant that produces that produces numerous numerous behavioral, behavioral, emotional, and emotional, and physical effects as it physical effects as it acts upon specific acts upon specific parts of the brain. parts of the brain.

CerebrumCerebrum First to be affected is First to be affected is

the the cerebrumcerebrum, the , the part of your brain that part of your brain that controls advanced controls advanced functions like functions like recognition, vision, recognition, vision, reasoning, and reasoning, and emotion. At low intake emotion. At low intake levels, alcohol reduces levels, alcohol reduces inhibitions and affects inhibitions and affects judgmentjudgment

Vision, movement, Vision, movement, and speech are and speech are impaired as alcohol impaired as alcohol levels rise.levels rise.

CerebellumCerebellum

When the next When the next brain area—the brain area—the

cerebellumcerebellum—is —is depressed by depressed by alcohol, problems alcohol, problems with with coordination, coordination, reflexes, and reflexes, and balance result.balance result.

Medulla –Brain StemMedulla –Brain Stem

The The medullamedulla controls controls basic survival functions basic survival functions such as breathing and such as breathing and heartbeat and is the last heartbeat and is the last portion of your brain to be portion of your brain to be affected. affected.

When you've consumed so When you've consumed so much alcohol that the much alcohol that the medulla is affected, your medulla is affected, your brain's ability to control brain's ability to control respiration and heart rate is respiration and heart rate is severely diminished. severely diminished. Your Your heart rate can drop and heart rate can drop and breathing ceases, resulting breathing ceases, resulting in a coma and then death.in a coma and then death.

Highest Levels of Intoxication Highest Levels of Intoxication Occur After Drinking is StoppedOccur After Drinking is Stopped

It's important to know that your body It's important to know that your body oxidizes about one ounce oxidizes about one ounce (approximately one drink) an hour. (approximately one drink) an hour. Depending upon how much you drink, Depending upon how much you drink, how quickly you drink, and what else is how quickly you drink, and what else is in your stomach, in your stomach, it may take from it may take from about 30-90 minutes after you stop about 30-90 minutes after you stop drinking before you reach your highest drinking before you reach your highest level of intoxicationlevel of intoxication. This occurs . This occurs whether the individual is conscious or whether the individual is conscious or passed out.passed out.

Symptoms of alcohol poisoningSymptoms of alcohol poisoning

VomitingVomiting Passed out Passed out Difficult to awakenDifficult to awaken Slow, shallow breathingSlow, shallow breathing

When you drink – When you drink – you don’t thinkyou don’t think

This doesn’t happen to Cool KidsThis doesn’t happen to Cool Kids

These things only These things only happen to other happen to other people - don’t they?people - don’t they?

Samantha SpadySamantha Spady

She grew up in a small town 35 miles She grew up in a small town 35 miles west of Lincoln, Nebraskawest of Lincoln, Nebraska

Her father owned a car dealership Her father owned a car dealership and everyone knew herand everyone knew her

She was the president of her senior She was the president of her senior class, head cheerleader, honor class, head cheerleader, honor student and homecoming queen – student and homecoming queen – almost perfectalmost perfect

Samantha SpadySamantha Spady

Samantha SpadySamantha Spady

On September 5, 2004 Samantha On September 5, 2004 Samantha Spady died – of alcohol poisoning.Spady died – of alcohol poisoning.

She attended several private off She attended several private off campus parties campus parties

At her final destination she became At her final destination she became so intoxicated she could not stand upso intoxicated she could not stand up

Two friends helped Samantha to a Two friends helped Samantha to a spare room. One of her friends tried spare room. One of her friends tried to persuade her to walk back to her to persuade her to walk back to her dorm room but she was not able to dorm room but she was not able to do sodo so

She was last seen lying on the couch She was last seen lying on the couch in the spare room on her stomach in the spare room on her stomach using her hands as a pillow at 5:00 using her hands as a pillow at 5:00 A.M.A.M.

At 6:22 P.M. that evening she was At 6:22 P.M. that evening she was found dead on the couch by an found dead on the couch by an occupant of the house occupant of the house

These things don’t happen around These things don’t happen around here - do they?here - do they?

They doThey do They happen in They happen in

people’s homespeople’s homes They happen when They happen when

parents are homeparents are home They happen to They happen to

good peoplegood people They can happen They can happen

to you or your to you or your friendsfriends

What You Need To What You Need To Know about the LawKnow about the Law

Criminal OffensesCriminal Offenses

In the State of Ohio there In the State of Ohio there are two main categories of are two main categories of crimescrimes

FeloniesFelonies

These are the most These are the most serious crimes that serious crimes that carry prison carry prison sentences from sentences from one year to 20 one year to 20 years to lifeyears to life

MisdemeanorsMisdemeanors

There are five There are five categories of categories of misdemeanorsmisdemeanors

Minor $150 fineMinor $150 fine 44thth Degree $250 fine Degree $250 fine

and 30 days jailand 30 days jail 33rdrd Degree $500 fine Degree $500 fine

and 60 days jailand 60 days jail 22ndnd Degree $750 Degree $750

fine and 90 days jailfine and 90 days jail 11stst Degree $1,000 Degree $1,000

fine and 180 days fine and 180 days jailjail

Underage ConsumptionUnderage Consumption

The law states that no The law states that no underage underage personperson shall knowingly order, pay for, shall knowingly order, pay for, share the cost of, attempt to share the cost of, attempt to purchase, possess, or consume any purchase, possess, or consume any beer or intoxicating liquor in any beer or intoxicating liquor in any public or private placepublic or private place..

Underage PersonUnderage Person

An An Underage PersonUnderage Person means a person means a person under the age of twenty-one yearsunder the age of twenty-one years

The degree of crimeThe degree of crime

Underage Consumption is a Underage Consumption is a 11stst Degree MisdemeanorDegree Misdemeanor

The PenaltyThe Penalty

The possible The possible penalty is penalty is $1,000.00 fine and $1,000.00 fine and 180 days jail180 days jail

Other Consequences of ConvictionOther Consequences of Conviction

In addition to the possible penalties In addition to the possible penalties of jail and a fine there are other of jail and a fine there are other consequences of having a criminal consequences of having a criminal record of a record of a 11stst degree misdemeanor degree misdemeanor

Employment OpportunitiesEmployment Opportunities

Most employment Most employment applications request applications request you to disclose if you you to disclose if you have ever been have ever been convicted of a convicted of a serious misdemeanorserious misdemeanor

Some employers will Some employers will not hire you if you not hire you if you have been convicted have been convicted of a serious of a serious misdemeanormisdemeanor

Education Opportunities Education Opportunities

You may be You may be ineligible for ineligible for certain types of certain types of student loans or student loans or scholarships if you scholarships if you have been have been convicted of a convicted of a serious serious misdemeanormisdemeanor

Other consequences - continuedOther consequences - continued

You may be disqualified from holding You may be disqualified from holding a license for certain professions if a license for certain professions if you have a convictionyou have a conviction

Professions where driving a vehicle is Professions where driving a vehicle is required required

The legal professionThe legal profession The medical professionThe medical profession

The Four Most Dangerous Words The Four Most Dangerous Words an Adult can say to Youan Adult can say to You

JUST DON’T JUST DON’T GET CAUGHTGET CAUGHT

Just Don’t Get CaughtJust Don’t Get Caught

What do these What do these words really mean?words really mean?

Don’t Get CaughtDon’t Get Caught

When an adult says When an adult says Just Don’t Get Just Don’t Get Caught do they Caught do they mean:mean:

It’s OK to drinkIt’s OK to drink It’s OK to commit a It’s OK to commit a

11stst Degree Degree MisdemeanorMisdemeanor

I have enough I have enough problems problems

It’s your future not It’s your future not minemine

Do the Adults in your Life Break the Do the Adults in your Life Break the Law after they have had too much Law after they have had too much

to Drinkto Drink

Do they drive after Do they drive after they have had too they have had too much to drink?much to drink?

Do they verbally Do they verbally and/or physically and/or physically abuse their family abuse their family after they have after they have had too much to had too much to drink?drink?

I can go to war – Why can’t I drink?I can go to war – Why can’t I drink?

`̀ US Troops US Troops patrol an Iraq patrol an Iraq waterwaywaterway

What are they fighting for?What are they fighting for?

Are they fighting Are they fighting for your right to for your right to drink alcohol under drink alcohol under age 21?age 21?

9:30 A.M. in Baghdad9:30 A.M. in Baghdad 1:30 A.M. in USA1:30 A.M. in USA

What are they fighting for? What What are they fighting for? What are they dying for?are they dying for?

They are fighting for FreedomThey are fighting for Freedom They are fighting so that we can live They are fighting so that we can live

in a democracyin a democracy

DemocracyDemocracy

Elect representatives who make the Elect representatives who make the lawlaw

Our responsibility is to obey the laws Our responsibility is to obey the laws that have been enacted by our that have been enacted by our representativesrepresentatives

Honoring and respecting members Honoring and respecting members of the militaryof the military

Respect them by obeying the law whether Respect them by obeying the law whether we agree or disagreewe agree or disagree

Underage consumption is against the lawUnderage consumption is against the law You disrespect the soldiers who have died You disrespect the soldiers who have died

for us by disobeying the lawfor us by disobeying the law If you do not agree with the law then in a If you do not agree with the law then in a

democracy we change the law by democracy we change the law by contacting our elected representatives – contacting our elected representatives – not violating the law because we disagree not violating the law because we disagree with itwith it

Use your own brain – not someone Use your own brain – not someone else’s brainelse’s brain

Make good decisions Make good decisions Help your friends make good Help your friends make good

decisionsdecisions If you want to make bad decisions – If you want to make bad decisions –

DON’T MAKE YOUR FRIENDS MAKE DON’T MAKE YOUR FRIENDS MAKE THE SAME BAD DECISIONS – THE SAME BAD DECISIONS – RESPECT THEIR RIGHT TO MAKE RESPECT THEIR RIGHT TO MAKE GOOD DECISIONS!GOOD DECISIONS!

Why are we telling you these Why are we telling you these things?things?

We care about youWe care about you We want you to be safeWe want you to be safe We want you to be successfulWe want you to be successful

Thank youThank you