Dynamics of the Dynamics of the Criminal Justice SystemCriminal Justice System

MN Victim Assistance MN Victim Assistance AcademyAcademy

Presenter: Kelly NicholsonPresenter: Kelly Nicholson

Learning ObjectivesLearning Objectives

Debunk the “Law and Order” CJS Debunk the “Law and Order” CJS we’ve all come to knowwe’ve all come to know

Understand how a case gets Understand how a case gets processed through the systemprocessed through the system

Identify how the system and its Identify how the system and its players impact victimsplayers impact victims

What is it?What is it?

Our society’s method of addressing Our society’s method of addressing crime and promoting public safety.crime and promoting public safety. Prevent and respond to crimePrevent and respond to crime Identify, apprehend, and prosecute Identify, apprehend, and prosecute

persons who commit crimespersons who commit crimes Incarcerate and supervise convicted Incarcerate and supervise convicted

offenders with efforts to rehabilitate and offenders with efforts to rehabilitate and hold them accountablehold them accountable

There is no single set of criminal There is no single set of criminal justice procedures uniformly justice procedures uniformly throughout the United States.throughout the United States.

The criminal laws of a state are The criminal laws of a state are limited to those offenses which occur limited to those offenses which occur in their entirety or in part within that in their entirety or in part within that state. The federal criminal law has a state. The federal criminal law has a territorial reach that extends through territorial reach that extends through the U.S. and its territories.the U.S. and its territories.

Seven key phasesSeven key phases

Law EnforcementLaw Enforcement ProsecutionProsecution Judiciary and courtsJudiciary and courts ProbationProbation Institutional correctionsInstitutional corrections ParoleParole Appellate courtsAppellate courts

Law EnforcementLaw Enforcement

Different levels: federal, state, localDifferent levels: federal, state, local First respondersFirst responders GatekeepersGatekeepers Three primary functions:Three primary functions:

Protect life and propertyProtect life and property Prevent crimePrevent crime Apprehend offendersApprehend offenders

Refer cases to prosecutorsRefer cases to prosecutors

InvestigationsInvestigations Once a report is made to police, they Once a report is made to police, they

must:must: InvestigateInvestigate

Interviews: suspect, victim, witnessesInterviews: suspect, victim, witnesses 911 calls911 calls PhotographsPhotographs Forensic evidenceForensic evidence

Determine Probable Cause (PC)Determine Probable Cause (PC) Whether a crime was actually committedWhether a crime was actually committed If so, is there sufficient information If so, is there sufficient information

identifying who committed the crimeidentifying who committed the crime

ArrestArrest Taking a person into custody for the Taking a person into custody for the

purpose of charging them with a crime.purpose of charging them with a crime. Must have P.C.Must have P.C. If not arrested immediately, can later If not arrested immediately, can later

with an arrest warrantwith an arrest warrant What happens when an arrest is made?What happens when an arrest is made?

48 hr rule48 hr rule Miranda warningMiranda warning Credit Credit

BookingBooking

ProsecutorsProsecutors

Different levels: Different levels: Attorney General (federal and state) Attorney General (federal and state) CountyCounty CityCity

Primary role is successful prosecution Primary role is successful prosecution of a case, representing the interests of a case, representing the interests of the stateof the state

Not the victim’s attorneyNot the victim’s attorney

Charging ProcessCharging Process

JurisdictionJurisdiction

Nature of crime and severity level Nature of crime and severity level determine where the case is sentdetermine where the case is sent Misdemeanors/gross misdemeanors=cityMisdemeanors/gross misdemeanors=city Some gross misdemeanors/felonies/child Some gross misdemeanors/felonies/child

victims/juvenile offenders=countyvictims/juvenile offenders=county

Attorney is the only one with authority Attorney is the only one with authority to make decisionto make decision

Charging cont.Charging cont.

Attorneys are ethically bound to Attorneys are ethically bound to ONLY charge cases where there is a ONLY charge cases where there is a strong likelihood of a conviction at strong likelihood of a conviction at trial, which means they have to trial, which means they have to prove a case Beyond a Reasonable prove a case Beyond a Reasonable DoubtDoubt

Charging philosophyCharging philosophy

CrimeCrime ““Crime” means conduct which is Crime” means conduct which is

prohibited by statute and for which prohibited by statute and for which the actor may be sentenced to the actor may be sentenced to imprisonment, with or without a fine.imprisonment, with or without a fine.

““Felony” means a crime for which a Felony” means a crime for which a sentence of imprisonment for more sentence of imprisonment for more than one year may be imposed.than one year may be imposed.

““Gross Misdemeanor” means any Gross Misdemeanor” means any crime which is not a felony or crime which is not a felony or misdemeanor. The sentence is not misdemeanor. The sentence is not more than one year imprisonment and more than one year imprisonment and a maximum fine of $3,000.a maximum fine of $3,000.

““Misdemeanor” means a crime for Misdemeanor” means a crime for which a sentence is not more than 90 which a sentence is not more than 90 days in jail or a fine if not more than days in jail or a fine if not more than $1,000, or both$1,000, or both

““Petty misdemeanor” means an Petty misdemeanor” means an offense prohibited by statute, but does offense prohibited by statute, but does not constitute a crime. Punishment is not constitute a crime. Punishment is not over $300not over $300

Criminal ComplaintCriminal Complaint

Warrant, summons, order of Warrant, summons, order of detentiondetention

Identifies defendant, address, DOBIdentifies defendant, address, DOB Lists crime(s) charged and MN Lists crime(s) charged and MN

StatutesStatutes Provides maximum penaltyProvides maximum penalty Contains Probable CauseContains Probable Cause Public documentPublic document

Grand JuryGrand Jury

Does not determine guilt or Does not determine guilt or innocence, but whether or not there innocence, but whether or not there is PC to indict.is PC to indict.

Panel consists of 16-23 peoplePanel consists of 16-23 people Decision to indict or “no bill” does Decision to indict or “no bill” does

not have to be unanimous, but 12 not have to be unanimous, but 12 people must agree.people must agree.

Confidential proceedingsConfidential proceedings Jurors can ask questionsJurors can ask questions Prosecutor presents informationProsecutor presents information

You DecideYou Decide

Charging activityCharging activity

Based upon the facts you are given, Based upon the facts you are given, you need to decideyou need to decide if you are going to charge the offenderif you are going to charge the offender if so, with what charge(s)?if so, with what charge(s)?

Criminal Vehicular OperationCriminal Vehicular Operation §609.21§609.21

Subdivision 1. Criminal Vehicular Subdivision 1. Criminal Vehicular Homicide or operation; crime Homicide or operation; crime described: described:

A person is guilty of criminal vehicular A person is guilty of criminal vehicular homicide or operation and may be homicide or operation and may be sentenced as provided in subdivision sentenced as provided in subdivision 1a, if the person causes injury to or 1a, if the person causes injury to or the death of another as a result of the death of another as a result of operating a motor vehicle:operating a motor vehicle:

CVO cont.CVO cont. (1) in a (1) in a grossly negligent mannergrossly negligent manner;;

(2) in a negligent manner while (2) in a negligent manner while under the under the influenceinfluence of: of: (i) alcohol;(i) alcohol; (ii) a controlled substance; or(ii) a controlled substance; or (iii) any combination of those elements;(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 (3) while having an alcohol concentration of 0.08 or more;or more;

(4) while having an alcohol concentration of 0.08 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the or more, as measured within two hours of the time of driving;time of driving;

CVO cont.CVO cont. (5) in a negligent manner while knowingly (5) in a negligent manner while knowingly

under the influence of a hazardous under the influence of a hazardous substance;substance;

(6) in a negligent manner while any amount (6) in a negligent manner while any amount of a controlled substance listed in schedule I of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the or tetrahydrocannabinols, is present in the person’s body;person’s body;

(7) where the driver who causes the accident (7) where the driver who causes the accident leaves the sceneleaves the scene of the accident in violation of the accident in violation of section 169.09, subdivision 1 or 6; orof section 169.09, subdivision 1 or 6; or

CVO cont.CVO cont.

(8) where the driver had actual (8) where the driver had actual knowledge that a peace officer had knowledge that a peace officer had previously issued a citation or warning previously issued a citation or warning that the motor vehicle was defectively that the motor vehicle was defectively maintained, the driver had actual maintained, the driver had actual knowledge that remedial action was knowledge that remedial action was not taken, the driver had reason to not taken, the driver had reason to know that the defect created a present know that the defect created a present danger to others, and the injury or danger to others, and the injury or death was caused by the death was caused by the defective defective maintenancemaintenance..

Great Bodily Harm §609.02, subd. 8Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

Substantial Bodily Harm §609.02, subd. 7aBodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member

Bodily Harm §609.02, subd. 7Means physical pain or injury, illness, or any impairment of physical condition.

Reckless DrivingReckless Driving

§169.13§169.13 Subd.1 – Reckless Driving (a) any person Subd.1 – Reckless Driving (a) any person

who drives any vehicle in such a manner who drives any vehicle in such a manner as to indicate either a willful or a wonton as to indicate either a willful or a wonton disregard for the safety of persons or disregard for the safety of persons or property is guilty of reckless driving and property is guilty of reckless driving and such reckless driving is a misdemeanor. such reckless driving is a misdemeanor. (b) A person shall not race any vehicle (b) A person shall not race any vehicle upon any street or highway of this state. upon any street or highway of this state. Any person who willfully compares or Any person who willfully compares or contests relative speeds by operating contests relative speeds by operating one or more vehicles is guilty of racing, one or more vehicles is guilty of racing, which constitutes reckless driving…which constitutes reckless driving…

Careless DrivingCareless Driving

§169.13§169.13 Subd. 2 – Careless Driving: Any person Subd. 2 – Careless Driving: Any person

who operates or halts any vehicle upon who operates or halts any vehicle upon any street or highway carelessly or any street or highway carelessly or heedlessly in disregard of the rights of heedlessly in disregard of the rights of others, or in a manner that endangers or others, or in a manner that endangers or is likely to endanger any property or any is likely to endanger any property or any person, including the driver or person, including the driver or passengers of the vehicle.passengers of the vehicle.

Gross NegligenceGross Negligence

Failure to use even the slightest Failure to use even the slightest amount of care in a way that shows amount of care in a way that shows recklessness or willful disregard for recklessness or willful disregard for the safety of othersthe safety of others

JudgesJudges

Fair and unbiased decisionsFair and unbiased decisions Oversees criminal processOversees criminal process Ex parte communications not allowedEx parte communications not allowed Makes decisions based upon their Makes decisions based upon their

interpretation of law, rules of interpretation of law, rules of evidence, rules of procedure evidence, rules of procedure

Decides bail, to appoint public Decides bail, to appoint public defender, motions, admissibility of defender, motions, admissibility of evidence, sentence, timing of caseevidence, sentence, timing of case

Defense CounselDefense Counsel

66thth Amendment to U.S. Constitution Amendment to U.S. Constitution provides that “in all criminal provides that “in all criminal prosecutions, the accused shall enjoy prosecutions, the accused shall enjoy the right to have the assistance of the right to have the assistance of counsel for his defense.”counsel for his defense.”

It is their duty to defend their client’s It is their duty to defend their client’s constitutional and other legal rights in constitutional and other legal rights in the most competent manner possible.the most competent manner possible.

First Appearance/Rule 5First Appearance/Rule 5

Judge verifies name & identity of Judge verifies name & identity of defendantdefendant

Formally advised of chargesFormally advised of charges Advised of constitutional rightsAdvised of constitutional rights Allowed to apply for a public Allowed to apply for a public

defenderdefender Bail or other conditions of release set Bail or other conditions of release set

by the courtby the court Given a date for their next court Given a date for their next court

appearanceappearance

BailBail ROR/RPRROR/RPR Bail evaluationBail evaluation A feasible amount necessary to assure A feasible amount necessary to assure

reappearance at the next hearing.reappearance at the next hearing. Not punishmentNot punishment Judges must also consider Judges must also consider conditions conditions

of releaseof release instead of bail instead of bail Non-monetary conditions and restrictions Non-monetary conditions and restrictions

on liberty.on liberty. No use, testing, no contact, take meds,No use, testing, no contact, take meds,

Bail cont.Bail cont.

MN Rules of Criminal Procedure Rule 6.02MN Rules of Criminal Procedure Rule 6.02

the judge shall use available information the judge shall use available information regarding: regarding: Nature & circumstances of the offenseNature & circumstances of the offense Weight of the evidence against the accusedWeight of the evidence against the accused Accused’s family tiesAccused’s family ties Employment, financial resources, residenceEmployment, financial resources, residence Character and mental conditionCharacter and mental condition Criminal history, prior warrants/ct. Criminal history, prior warrants/ct.

appearancesappearances Safety of a person or the communitySafety of a person or the community

Omnibus (Evidentiary) HearingOmnibus (Evidentiary) Hearing

Discovery: investigation materials and Discovery: investigation materials and any other information or evidence any other information or evidence relating to the charged offenserelating to the charged offense

To defendant’s opportunity to contest To defendant’s opportunity to contest any of the evidence brought against any of the evidence brought against him and/or PChim and/or PC

Defendant must enter an official pleaDefendant must enter an official plea

Plea NegotiationsPlea Negotiations

Settlement ConferenceSettlement Conference

Why?Why? AdvantagesAdvantages disadvantagesdisadvantages

Dismissing charges, some lesser Dismissing charges, some lesser includedsincludeds

Alford PleaAlford Plea

Defendant does not admit to Defendant does not admit to committing the crime (guilt), but committing the crime (guilt), but acknowledges that sufficient acknowledges that sufficient evidence exists for a judge or jury to evidence exists for a judge or jury to find the defendant guilty if the case find the defendant guilty if the case were to go to trial.were to go to trial.

Norgaard PleaNorgaard Plea

Defendant does not admit to Defendant does not admit to committing the crime (guilt), but committing the crime (guilt), but acknowledges that it’s possible. acknowledges that it’s possible. They are not able to remember their They are not able to remember their actions due to being extremely actions due to being extremely intoxicated or under the influence of intoxicated or under the influence of chemicals.chemicals.

TrialTrial

Fact finding process aimed at Fact finding process aimed at determining if the defendant is guilty determining if the defendant is guilty of the charged offense.of the charged offense.

Jury or Judge (Court)Jury or Judge (Court)

Good cases don’t go to trialGood cases don’t go to trial

Trial ProcessTrial Process Jury selectionJury selection Jury swearing in/preliminary Jury swearing in/preliminary

instructionsinstructions Opening StatementsOpening Statements ProsecutionProsecution DefenseDefense Closing argumentsClosing arguments Jury instructionsJury instructions Jury deliberationsJury deliberations VerdictVerdict

Trial cont.Trial cont. Trial prepTrial prep Cross examinationCross examination SequestrationSequestration Defense investigatorsDefense investigators Spreigl witnessesSpreigl witnesses Defendant’s right to remain silentDefendant’s right to remain silent Witness criminal historyWitness criminal history Difficult/uncooperative Difficult/uncooperative

victims/witnessesvictims/witnesses Primary goal and only rule - TRUTHPrimary goal and only rule - TRUTH

Proof Beyond A Reasonable DoubtProof Beyond A Reasonable Doubt

Presumption of innocencePresumption of innocence

Not “fanciful or capricious” doubt. Not Not “fanciful or capricious” doubt. Not beyond all possible doubt. beyond all possible doubt.

Proof of such a convincing character Proof of such a convincing character that it gives you a high level of that it gives you a high level of certainty that you would be willing to certainty that you would be willing to rely and act upon it in making decisions rely and act upon it in making decisions in the most important personal affairs.in the most important personal affairs.

VerdictsVerdicts

NOT GUILTYNOT GUILTY Charges are dismissedCharges are dismissed Double jeopardyDouble jeopardy

GUILTYGUILTY Pre-sentence investigationPre-sentence investigation BailBail SentencingSentencing

Pre-Sentence Investigation (PSI)Pre-Sentence Investigation (PSI)

Corrections dept.Corrections dept. 6-8 weeks6-8 weeks Psych/CD eval/Psycho/sexual evalPsych/CD eval/Psycho/sexual eval Background informationBackground information

Family, education, employment, Family, education, employment, chemical use, criminal, mental healthchemical use, criminal, mental health

Def’s version of crime Def’s version of crime VISVIS Correction’s recommendationCorrection’s recommendation

SentencingSentencing

MN Sentencing GuidelinesMN Sentencing Guidelines Aggravating FactorsAggravating Factors Dispositional and/or Durational Dispositional and/or Durational

departuresdepartures Blakely v. Washington (2004)Blakely v. Washington (2004) Except for certain crimes (kidnapping), Except for certain crimes (kidnapping),

multiple victims, typically can only be multiple victims, typically can only be sentenced for one crime incident.sentenced for one crime incident.

RestitutionRestitution Actual out-of-pocket expensesActual out-of-pocket expenses Affidavit or written requestAffidavit or written request Judge ordersJudge orders Corrections or other dept. may be Corrections or other dept. may be

responsible for determining amount responsible for determining amount after sentencing.after sentencing.

Defendant can contest amountDefendant can contest amount May require a restitution hearingMay require a restitution hearing Determine your county’s payment Determine your county’s payment

processprocess

Victim Impact StatementsVictim Impact Statements

Judges vary on what is acceptableJudges vary on what is acceptable Who can speakWho can speak FormatFormat LengthLength Method Method

Preparation is keyPreparation is key

Post-sentencingPost-sentencing

AppealAppeal Court of AppealsCourt of Appeals MN Supreme CourtMN Supreme Court US Supreme CourtUS Supreme Court

Probation violations Probation violations Post-conviction issuesPost-conviction issues