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BASIC ACADEMY

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BASIC ACADEMY Powered By Docstoc
					THE CRIMINAL JUSTICE
SYSTEM DEFINED:
THE FORMAL SYSTEM
ESTABLISHED BY THE U.S. FOR
MAINTAINING SOCIAL CONTROL
AND HANDLING CRIMINAL
CONDUCT
FUNCTIONAL PURPOSES OF THE
CRIMINAL JUSTICE SYSTEM
PROTECT CITIZENS AND PROPERTY
PRESERVE PEACE AND MAINTAIN PUBLIC
ORDER
DETECT AND RESPOND TO CRIMINAL
BEHAVIOR
INVESTIGATE CRIME
APPREHEND, PROSECUTE, DEFEND,
CONVICT, PUNISH, AND REHABILITATE
CRIMINALS
PROTECT CONSTITUTIONAL RIGHTS
WHETHER A DEFENDANT IS
PROCESSED THROUGH FED/STATE
SYSTEMS IS DETERMINED BY:
 WHETHER THE CRIME WAS A FEDERAL,
 STATE OR LOCAL OFFENSE
 WHETHER IT WAS COMMITTED BY AN
 ADULT OR JUVENILE
 WHETHER IT WAS A
 SERIOUS OFFENSE
FOUR COMPONENTS OF THE
CRIMINAL JUSTICE SYSTEM
1. LAW ENFORCEMENT
2. PROSECUTION/DEFENSE
3. JUDICIARY
4. CORRECTIONS
THE TITLES OF COURTS IN
OHIO
SUPREME COURT OF OHIO
COURT OF APPEALS
COMMON PLEAS
COUNTY COURT
MUNICIPAL
COURT OF CLAIMS
MAYOR’S COURT
OHIO SUPREME COURT
 One chief justice
 Six justices
 All elected for 6 year terms
 Majority constitutes a quorum
The Ohio Appellate Courts
Each has 3 or more judges
Appeals of judgment from lower courts,
except where the death penalty has been
imposed
    Cases involving constitutional issues
Review of matters related
to final orders or actions
of administrative officers or
agencies as provided by law
FIVE MATTERS OVER WHICH THE
OHIO SUPREME COURT HAS
ORIGINAL JURISDICTION
1. QUO WARRANTO
2. MANDAMUS
3. HABEAS CORPUS
4. PROHIBITION
5. PROCEDENDO
QUO WARRANTO
A hearing to determine by what authority
someone has an office or franchise or
liberty.
A writ or order issuable by the State,
through which it demands an individual to
show by what right he or she exercises an
authority that can only be exercised
through grant or franchise emanating from
the State.
MANDAMUS
A writ issued by a superior court directed
to an inferior court, a corporation, an
officer, etc., commanding the performance
of a specified act within the scope of its/his
duty, or directing the restoration of the
complainant to rights or privileges of
which he has been illegally deprived.
HABEAS CORPUS
“That you have the
body”
A writ to bring a person
before a court or a
judge, most frequently
used to ensure that a
person's imprisonment,
detention, or
commitment is legal.
PROHIBITION
Writ issued by the Supreme Court to a
judge presiding over a suit in an inferior
court. The writ of prohibition mandates the
inferior court to cease any action over the
case because it may not fall within that
inferior court's jurisdiction. The document
is also issued at times when it is deemed
that an inferior court is acting outside the
normal rules and procedures in the
examination of a case.
 PROCEDENDO
 A writ issued which directs a lower court
 to proceed in deciding a matter before it.
Case Law
State v. Jones, 121 Ohio St.3d 103,
2009-Ohio-316.
Extraterritorial traffic stop — A law-
enforcement officer who personally
observes a traffic violation while outside
the officer’s statutory territorial
jurisdiction has probable cause to make a
traffic stop; the stop is not unreasonable
under the Fourth Amendment to the
United States Constitution.
OFFENSES ARE DIVIDED INTO 2
BROAD CLASSES

  FELONY
  MISDEMEANOR
The Court of Common Pleas
One court of common pleas established in
each county of the state
Has original jurisdiction over all justiciable
matters
  Referred to as general jurisdiction
  This means that at local level, the court
  can initially address any matter, either
  civil or criminal
Also referred to as the general trial court for
those charged with any felony
FELONIES
A FELONY IS AN OFFENSE
DEFINED BY LAW AS A FELONY
Felonies range from F5 to F1, with a
felony 5 being the least serious and a
felony 1, the most serious.

Carrying from one year in prison up
to the death penalty.
Municipal/County Court
Rule on criminal misdemeanors
Hold preliminary hearings for felonies
The court has jurisdiction over civil actions
up to $15,000
Traffic and parking offenses
Violations of municipal ordinances
Trial de novo (new trial) for cases on appeal
from a court not of record
MISDEMEANORS
MISDEMEANORS IS AN OFFENSE
DEINED BY LAW AS A
MISDEMEANOR
Misdemeanors ranged from a
minor misdemeanor to an M1,
with MM being the least serious
and an M1, the most serious.

MM only carries a monetary
punishment. M1 can
carry up to 6 months in
county jail.
TWO PURPOSES OF FELONY
SENTENCING
 TO PROTECT THE PUBLIC
 FROM FURTURE CRIME BY THE
 OFFENDER AND OTHERS
 PUNISH THE OFFENDER
MAYOR’S COURTS
The mayor or an appointed mayor’s court
magistrate may hear and determine cases
involving:
  a. The violation of municipal ordinances
  (minor criminal matters)
  b. Traffic laws
  c. Parking regulations
The court is considered
one of limited jurisdiction
and a court not of record
FOUR NEEDS A COURT IS REQUIRED TO
CONSIDER WHEN IMPOSING A FELONY
SENTENCE
1. THE NEED FOR INCAPACITATING THE
   OFFENDER
2. THE NEED FOR DETERRING THE
   OFFENDER AND OTHERS FROM
   FUTURE CRIMES
3. THE NEED TO REHABILITATE
   THE OFFENDER
4. THE NEED FOR MAKING
   RESTITUTION TO THE
   VICTIM, PUBLIC OR PRIVATE
A FELONY SENTENCE IMPOSED
BY THE COURT MUST SATISFY 3
REQUIREMENTS:
1. IT MUST BE REASONABLY
   CALCULATED TO ACHIEVE THE
   CONSIDERATIONS OF THE COURT
2. IT MUST BE COMMENSURATE
   WITH AND NOT
   DEMEANING TO THE
   SERIOUSNESS OF THE
   OFFENDER’S CONDUCT     AND
   IT’S IMPACT ON THE
   VICTIM
A FELONY SENTENCE IMPOSED
BY THE COURT MUST SATISFY 3
REQUIREMENTS:
3. IT MUST BE CONSISTENT WITH
  SENTENCES IMPOSED FOR SIMILAR
  CRIMES COMMITTED BY OTHER
  OFFENDERS WITH SIMILAR
  CHARACTERISTICS
ELEVEN SEQUENTIAL STEPS
NECESSARY TO PROCESS AN
ADULT FELON THROUGH THE
OHIO CRIMINAL JUSTICE SYSTEM
1.   INVESTIGATION
2.   ARREST
3.   BOOKING
4.   INITIAL APPERANCE
5.   PRELIMINARY HEARING
6.   GRAND JURY
ELEVEN SEQUENTIAL STEPS
NECESSARY TO PROCESS AN
ADULT FELON THROUGH THE
OHIO CRIMINAL JUSTICE SYSTEM
7. ARRAINGMENT
8. PRE-TRIAL MOTIONS AND
    HEARINGS
9. TRIAL
10. SENTENCING
11. APPEAL
THE STATE OF OHIO
RECOGNIZES 4 PLEAS
1. NOT GUILTY
2. NOT GUILTY BE REASON OF
   INSANITY (NGRI)
3. GUILTY
4. NO CONTEST
SEVEN SEQUENTIAL STEPS NECESSARY
FOR PROCESSING AN ADULT
MISDEMEANOR OFFENDER THROUGH
THE CRIMINAL JUSTICE SYSTEM

1.   INVESTIGATION
2.   ARRST/SUMMONS/CITATION
3.   INITIAL APPEARANCE
4.   ARRAIGNMENT
5.   TRIAL
6.   SENTENCING
7.   APPEAL
NINE STAGES OF THE JUVENILE
PROCESS IN SEQUENCE ARE:
1.   INVESTIGATION
2.   TAKING INTO CUSTODY
3.   INTAKE/DETENTION
4.   FORMAL COMPLAINT
5.   PRE-ADJUDICATON HEARING
6.   PRELIMINARY CONFERENCE
7.   ADJUDICATION HEARING
8.   DISPOSITION
9.   APPEAL
Others involved in Ohio’s Justice System
 The coroner or medical examiner’s office
 Legal aid offices
 Victim/witness assistance
 and advocate centers
 Crisis intervention counselors
 Battered women’s shelters and service
 organizations
 Domestic violence counselors
 Rehabilitation centers (narcotics and alcohol
 treatment centers)
Others involved in Ohio’s Justice System
 County mental health agencies
 Human services agencies
 County children services
 Consumer protection agencies
Miranda v. Arizona
384 U.S. 436, 86 S. Ct. 1602 (1966)
The defendant was arrested at his home for a rape
and taken to the police station. While there, the victim
identified him as the rapist. The police took the defendant to
an interrogation room, where he was questioned by two police
officers. These officers later testified at trial that the
defendant was not advised that he had a right to have an
attorney present during his questioning. The officers also
testified that the defendant was not told that he had a right to
be free from self incrimination.
The defendant signed a statement that contained a pre-
prepared clause stating that he had full knowledge of his legal
rights. At trial, the written confession was admitted against
the defendant and he was convicted.
Miranda v. Arizona
ISSUE: Whether the written confession given
by the defendant was obtained in violation of
the defendant‘s Fifth Amendment right to be
free from compulsion?

HELD: Yes. The written confession by the
defendant was obtained in violation of the
defendant‘s Fifth Amendment privilege
against compulsory self incrimination.
Miranda v. Arizona
The Court defined a custodial interrogation as
questioning initiated by law enforcement officers
after a person has been taken into custody or
otherwise deprived of his freedom of action in any
significant way…

Custodial Interrogation.
Cops+Custody+Questioning=Miranda
Miranda v. Arizona
However, if the individual indicates in any
manner that he wishes to remain silent, the
interrogation must cease. Similarly, if the
individual states that he wants an attorney,
the interrogation must cease until an
attorney is present.
Terry v. Ohio
392 U.S. 1, 88 S. Ct. 1868 (1968)
Police Detective McFadden had been a police officer
for 39 years. He served 35 years of those years as a detective
and 30 of those years walking a beat in downtown
Cleveland.
At approximately 2:30 p.m. on October 31, 1963, Officer
McFadden was patrolling in plain clothes. Two men, Chilton
and the defendant, standing on a corner, attracted his
attention. He had never seen the men before, and he was
unable to say precisely what first drew his eye to them. His
interest aroused, Officer McFadden watched the two men.
He saw one man leave the other and walk past several
stores.
 Terry v. Ohio
The suspect paused and looked in a store window, then
walked a short distance, turned around and walked back
toward the corner, pausing again to look in the same store
window. Then the second suspect did the same. This was
repeated approximately a dozen times. At one point, a third
man approached the suspects, engaged them in a brief
conversation, and left. Chilton and the defendant resumed
their routine for another 10-12 minutes before leaving to
meet with the third man.
Officer McFadden testified that he suspected the men were
casing a job, a stick-up,‖ and that he feared they may have a
gun. Officer McFadden approached the three men,
identified himself and asked for their names. The suspects
mumbled something in response.
 Terry v. Ohio
Officer McFadden grabbed the defendant, spun him around
and patted down the outside of his clothing. Officer
McFadden felt a pistol in the defendant‘s left
breast pocket of his overcoat, which he retrieved. Officer
McFadden then patted down Chilton. He felt and retrieved
another handgun from his overcoat. Officer McFadden
patted down the third man, Katz, but found no weapon.
The government charged Chilton and the defendant with
carrying concealed weapons.
Terry v. Ohio
ISSUES:
   1. Whether the detective‘s actions amounted to
   a seizure?
   2. Whether the detective‘s actions amounted a
   search?
HELD:
   1. Yes. Detective McFadden seized the
   defendant when he grabbed him.
   2. Yes. Detective McFadden searched the
   defendant when he put his hands on the
   defendant‘s person.
Terry v. Ohio
The Court permitted Detective McFadden to conduct the
limited intrusions of stopping the suspects based on
articulable (reasonable) suspicion that criminal activity
was afoot. The Court also found that Detective
McFadden demonstrated reasonable suspicion that the
men were armed and dangerous.

Therefore, the Court allowed his limited intrusion onto
their persons in search of weapons. While both standards
are less than probable cause, the Court acknowledged
that limited intrusions, based on articulated, reasonable
suspicion can be
reasonable.
BASIC DEFINITIONS
“Original jurisdiction” - means the authority
to hear and decide an issue first, where the
issue can be initiated.
“Appellate jurisdiction” - means the authority
to review a decision of a lower court.
“Court of limited jurisdiction” - means that
the court’s authority is restricted to specified
issues or questions.
“Court of record” - those in which a final
record of the proceedings is made.
“Court not of record” - those in which in
no record is made, though a docket and
notes may be kept.
“General jurisdiction” - means the court
has authority to hear and decide all issues
that come before it unless specifically
limited by law to another court.
“Presiding judge” - in courts having more
than one judge, one of them may be elected
to carry out the administrative duties and
powers for the functioning of the court.

				
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