Attitudinal Survey on the CJS Is the defendant always treated fairly in a

court of law?

Are you more likely to be proven innocent the more money you have?

Is there more or less crime in the US as there was a decade ago?

Should everyone be required to serve on a jury at least once in their life?

Should people be able to appeal only one time if they disagree with the outcome of their trial?

Should a criminal be able to plea bargain?

Does the US have the best CJS in the world?

The Adult Criminal Justice Process

Crime

Entry into the system Prosecution and pretrial servicesRefusal to indict

Grand jury

Information

Information

Felonies

Misdemeanors

Reportedand observedcrime Investi-

gation

Unsolved or notarrested

ArrestChargesfiled

Initialappear-ance

Prelim-inaryhearing

Bail ordetentionhearing

Releasedwithout prosecution

Releasedwithout prosecution

Chargesdropped ordismissed

Chargesdropped ordismissed

Unsuccessfuldiversion

Diversion by law enforcement, prosecutor, or court

Prosecu- tion as a juvenile

Policejuvenile unitJuvenile

offenders

Nonpolice referralsInformal processingdiversion

Formal juvenilecourt processing

Waived tocriminal court

Intakehearing

Released or diverted

Released or diverted

What is the sequence of events in the criminal justice system?

The Adult Criminal Justice Process

Arraignment

Adjudication CorrectionsSentencingand sanctions

Arraignment

Adjudication

Out of system

Out ofsystem

Out ofsystem

Out ofsystem

Out ofsystem(registration,notification)

Revocation

Revocation

Revocation

Revocation

Released

Probation

Conviction

Probation

Acquitted

Guilty plea

Chargedismissed

Reduction of charge

Guilty plea

Trial

Trial

Charge dismissed Acquitted

Convicted Sentencing

Sentencing

Disposition

Probation or othernonresidential disposition

Residentialplacement

Aftercare

Jail

Alternativesto incarcera-tion

Prison

Parole

Revocation

Habeascorpus

Pardonandclemency

Capitalpunishment

Appeal

Crime

•An offense against society•Must be reported

Investigation

Police gather and examine evidence to locate a suspect

Arrest

Seizure of a person- Miranda rights read

Booking- an official record of an arrest; fingerprints and photograph taken

Charges Filed

First court appearanceHabeas corpus- a right

which prevents unlimited detention by the police; they have 24 hours to take the suspect before a judge

Preliminary Arraignment

Initial court appearance Judge decides at first glance

of the facts whether to release suspect on bond or hold them in prison until trial

Standard of proof judge uses is called prima facie

Preliminary Hearing

Must be 3-10 days after the first court appearance

A bail hearing usually happens

Grand Jury/Information

A group of 23 citizens who determine if a person will be held for trial

If there is enough evidence they will issue an indictment, an official accusation of a crime

Sometimes the district attorney gather the evidence and issues an indictment- called an “information”

Arraignment

Entering a plea of guilty or not guilty as to an indictment

Trial

If the jury/judge finds the accused not guilty, then there is an acquittal

If the jury/judge finds the accused guilty, then they are convicted

Pre-Sentence Investigation

To determine the best punishment given the limits of law and the record of the convicted

Sentencing

Punishment given

The Funnel Effect of the Standard of Proof

C3-S6Figure 3.5

A.Decisions to be Made,and by Whom

1. Decision toapproach aperson: police.

2. Stop and frisk: police.

3. Arrest: police, magistrates.

4. First appearance: magistrate.

5. Preliminary hearing: judge.

6. Indictment: grand jury.

7. Conviction: court and/or jury,defendant’s guilty plea.

8. Sentence to prison: judge.

B.Legal Standardof Proof

Articulate factsthat crime is afoot

(New York).

Reasonable suspicion.

Probable cause.

Judicial affirmation ofprobable cause.

Reasonable grounds to believeguilty (jacked-up probable cause).

Prima facie case.

Guilt beyond a reasonable doubt.

Judicial discretion within limits of statute.

C.Est. Probabilityof Guilt

NA

30%

50%

55%

74%

75%

90%

D. Number of Persons Processed

(latest available figures)

2,733,350 (1997) 2,924,800 (1994)

911,842 (1994)

Est. 419,447 (1994)

Appeal

Applying for a 2nd trial because of a mistake made in the 1st trial

Jail vs. PrisonPrison has a greater: # of inmates length of the sentences degree of security number of rehabilitation

programsJail or prison?

Parole

being released early from prison for good behavior

-no parole under federal law

-If out on parole, person is on probation

Probation

an alternative to prison where a person has a restricted life style (house arrest, drug testing, etc)

Group A

____Indictment

____Appeal

____Sentencing

____Setting of Bail

____Parole

Group B

____ Grand Jury

____ Probation

____ Preliminary Arraignment

____ Preliminary Hearing

____ Booking