Chapter 16 Section 2. The Role of the Police Criminal Justice System: the three part system...

Chapter 16 Section 2

The Role of the Police

Criminal Justice System: the three part system consisting of the police, courts, and corrections that is used to keep the peace and bring criminals to justice.

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The Police

Police Duties: Protecting life and property Preventing crime Arresting people who violate the law Protect the rights of individuals Maintaining peace and order Controlling traffic

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Police Arrests

Must have probable cause to arrest someone The officer must have witnessed the crime or must

have gathered enough evidence to make an arrest.

If no one saw the suspect commit the crime, and arrest warrant may be necessary. An authorization by the court to make the

arrest. According to the Bill of Rights, all arrested

suspects are entitled to due process.

Police Arrests

Police must inform suspects of their Miranda rights before questioning them.

If a suspect is not given this information any statement he/she makes cannot be used as evidence in court.

After arrest suspect taken to the police station for booking. http://www.lakelandgov.net/library/

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The Courts: From Arrest to Sentencing Preliminary Hearing

Held soon after the accuser's arrest Judge decides if there is enough

evidence to send the case to trial. If not judge dismisses, or drops the

charges If charges are not dropped then judge

decides whether to set bail Money post as a guarantee that he/she

will return for trial.

Defendant: person the charges are against

Bail related to the seriousness of the crime

If the defendant poses a threat to run then the judge can deny bail and hold them in custudy

Grand Jury and Indictment If a grand jury finds probable cause

then the defendant is formally charged.

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Arraignment

After the Defendant is charged, they go before a judge for arraignment When the defendant enters a plea of

guilty or not guilty to the charge If the defendant pleads guilty no trial

is necessary

Trial

If the defendant pleads not guilty to the charge, the case goes to trial.

Defense represents the defendant Prosecution represents government’s side of

the case. The defense and the prosecution lawyers

choose the jurors for the trial from a large group of people.

Each can question prospective jurors. Each can reject people they believe might be

prejudice against his/her side of the case

Trial

The court may issue subpoenas A written command from the court to a person

to appear.

It is used to compel the testimony of witnesses in a trial or other proceedings

Each side presents its case by calling witnesses and offering evidence. 5th amendment: no criminal defendant can

be forced to testify against himself/herself.

Trial

After both sides present evidence, each lawyer makes a closing statement that summarizes his/her argument

Judge then tells the jurors what they can and cannot consider under the law in reaching their verdict.

Jury leaves the courtroom to deliberate, or discuss the case.

Trial

Defendants are always presumed to be innocent until a verdict is delivered.

It is the prosecution’s job to prove that the defendant is guilty beyond a reasonable doubt.

If there is reasonable doubt, the jury must acquit, the jury must find him or her not guilty of the crime.

If the jury cannot agree on a verdict, the case may be tried again before another jury.

Sentencing

If a defendant is found guilty, the judge decides on the punishment, or sentence.

Plea Bargaining

Most cases in the U.S. never go to trial.

They are taken care of quickly by plea bargaining. The defendant may plead guilty to a lesser

offense than the original charge.

Under a plea bargain agreement, the penalty is usually lighter than if a trial jury found the defendant guilty.

Punishing Lawbreakers

Imprisonment: Most serious crimes are typically

punished with imprisonment. Parole:

Early release from prison Capital Punishment:

Harshest punishment for crimes committed in the U.S.