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Criminal Justice:

Chapter 1: History and Philosophy of the Law……………………………………….2

Chapter 2: The Feudal System………………………………………………………...5

Chapter 3: Measuring Crime…………………………………………………………...8

Chapter 4: Police Organizations……………………………………………………..10

Chapter 5: Why People Become Officers…………………………………………...13

Chapter 6: Causes of Crime…………………………………………………………..17

Chapter 7: Bill of Rights………………………………………………………………..21

Chapter 8: Criminal Justice……………………………………………………………25

Chapter 9: The 4th Amendment……………………………………………………….26

Chapter 10: Arrests……………………………………………………………………..28

Chapter 11: Identification Process……………………………………………………31

Chapter 12: The Judicial System……………………………………………………...32

Chapter 13: Pre-trial and the Adversary System…………………………………….34

Chapter 14: Trial and Appellate System………………………………………………39

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History and Philosophy of the LawThere are always cases where the government comes into question if they use

and abuse their power. For example, racial discrimination a Los Angeles police officer

assaulting an African American because of his race.

Where society began as a whole started in a city named, Jericho. It is the oldest

city recorded where it was a formed along a river for two main purposes: 1) protection,

2) irrigation. This city led empires to rise and conquer. These empires were very slow to

rise and very slow to fall. The first empire was the Sumerians, in which they lived what

present day is called Iran. This empire was fairly bright that they gave us two things that

we use to this day: 1) beauracy, 2) writing. Babylonians gave us our first major empire

as Hammurabi as their leader. He created the city of Babylon in equivalence of size to

salt lake county. His empire was built with controlled access. His men were required to

serve his army for the time period of ten to twelve years. Marriage was considered very

important, he created the code of the Hammurabi carved in black stone which is now

placed in Paris. This code engraved in this stone had the basic laws and punishments.

Some examples of the punishments are: 1) Crucifixion, 2) Thrown into the river; which if

you floated you were telling the truth, if you sank let’s say you weren’t too lucky, 3)

Maiming, if you lied you’d get branded on right hand, if you were caught stealing your

right hand was cut off, 4) beatings. Nebechenezzur discovered one of the 7 wonders of

the world, and founded the hanging gardens of Babylon.

The next great empire was the Hellenistic empire, or as we know the Greeks,

which was made up of a series of cities. Athens, Greece was ruled by a family, the

Celestian family which was consisted of 27000 people. This great empire gave us what

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we know of Democracy. Some great philosophers came from this empire such as:

Plato, who liked to talk about life in which he wrote a book called, The Soul. Socrates,

this guy was really jacked up looking but smart at the same time, which he came up with

the Socratic system (you answer a question with a question); he also gave us the first

University. Aristotle, this philosopher gave us the scientific method. Pathagerous, he

gave us the pythagrium theorem. Euclid gave us geometry. Greek philosophy was

based on the love of learning. The Greeks gave us our first library, architecture, Old

Testament, and above all our first marathon.

The biggest and most powerful was the Roman Empire, which leads us to

question how it was founded. There are two theories, one, 2 infants found and raised by

a she wolf, Romulus and Remis in which Romulus killed Remis and founded Rome.

Two, seven hills that surrounded Rome where seven families lived, Phoenicians would

come steal livestock and these families got smart and formed an alliance and defeated

Phoenicians and founded Rome (The second sounds more believable). The way the

structure was setup was, four Roman legions to protect Rome, and a Senate to run the

Roman Empire through a republic. Julius Caesar was a general and took over the

senate but decided to keep it intact. Julius Caesar was assassinated by his friend

Brutus; although his life was taken his lines were still ruling the empire. We have

received some of our months of the year from the Romans such as: Augustus (August),

Janus (January). The Roman Empire lasted over 900 years. Which in the time they

established the first prison, which was named, Marbertyne, military courts, the ability to

appeal to a higher court, and the first post office. Constantine made Christianity the first

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official religion of the world. When Rome fell into the dark ages small kingdoms were

established for 600 years.

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The Feudal SystemIn 900 A.D. people lived in small communities and the hiree’s would fight wars

and work. The questions they started to ask themselves were who has the right to rule?

And are we bad? Also they believed that certain circumstances can change a person

reaction. Until the 12th century in Germany, philosophers felt that everyone was bad.

Then the philosophy of enlightenment came into being. Enlightenment has a high

importance and is embodied in both democracy and the Declaration of Independence.

This enlightenment is an ongoing event that is still in effect today.

In 1066 A.D. France they held a practice of primogenitor which the father gave

his first son everything he had. The other son’s he would pay their commissions to

either join the army/military or the church. William the conqueror of Britain, the second

son of his French king and thought that it would be nice to be a king his country and he

went over and conquered Britain. He split the counties into (equivalent to our counties).

British soldiers called, Saxons, one in particular Reeve, he became known as shire

reeve; hence where we get our Sheriffs today. William the conqueror then commissions

a majestry of courts (equivalent to a judge). Lord’s court of the 13 th century, a judge

named, Coke started the precedent of the law which kept the law consistent as far as

the rules and consequences of breaking the law. Staredesis, which is a term where that

if you rule one way when a certain case is ruled a particular way and another similar

case comes about again that it will rule the same.

There was a police effort, self-help, with a watch system in London that every

hour the guard would call out “all is well” (equivalent to our own system that you have to

report all conditions normal). The London army would also patrol, a man named, Robert

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Peel in which came up with the first citizens police system. It was based upon their own

military system such ranks, i.e., Captain, Sergeant, Lieutenant. He hired officers that

had to have thick skin. They were unarmed officers and named Bobbies, after Robert

Peel, which they are still unarmed to this day.

In 1801, Boston had a night watch which was the first police force in America and

was paid fifty-cents without a day watch. In Philadelphia 1883, was the first established

night and day watch in America. Communication became a big issue, which the first

means of communication was a runner, then the mark-one, adios, Morse code, and call

boxes were invented.

There were certain drawbacks of early law enforcement such as the lack of

training. Patronage was also an issue which was where if you knew the boss you would

get hired. Bribes became a state of play that certain household residents would tip the

officers patrolling to keep an extra sharp eye on their homes and take care of them.

Chicago’s police force’s is and/or still holds some of the most corrupt police officers in

the nation.

In 1965, became a critical turning point of efforts towards police forces. The

aftermath of the Chicago police riots created the crime control and safe streets acts, law

enforcement assistance administration and the police academies.

Police officers provide security, try to prevent crime, do traffic control, help

people, and protect and serve. All cops in America are armed and one of the hardest

decisions to be faced with while being a police officer is taking a life. Some different

police forces between state and federal jobs are: A.T.F. (Alcohol Tobacco Firearms)

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DEA (Drug Enforcement Agency) FBI (Federal Bureau of Investigation) Secret Service,

Highway Patrol/Texas Rangers, Sheriff, Military Police, Municipal police, U.S Marshals,

Corrections officers, Border Patrol, Postal Inspector officers, and IRS (Internal Revenue

Service).

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Measuring CrimeCrime is a violation of written law. The federal government is responsible to make

federal law in Washington D.C. Some examples would be, blowing up mail boxes,

postal crimes, and counterfeiting money. State legislature pass statutes and can only

enact felonies. In the state of Utah has 3 categories of felonies, 1st, 2nd, 3rd degree. A 3rd

degree felonies can be punishable up to 0-5 years in federal prison, a 2nd degree felony

can punishable up to 1-15 years in federal prison, and a 1st degree felony can be

punishable for up to 5 years to life in federal prison and if it’s a capital crime the death

penalty may be inflicted. All felonies are served in prison, where you lose your right to

vote, felons are disqualified to bear firearms while they serve their parole or probation.

Misdemeanors are also divided into 3 categories; A B C. Class A misdemeanor

you can serve up to 1 year in jail, a Class B is up to 6 months in jail, and a Class C you

could be sentenced for up to 90 days in jail. You could have an infraction, such as a

traffic ticket, where you can’t be sent to jail but can be fined. The only way that you can

be sentenced to jail is missing a court date or fine due date then a bench warrant will be

issued out to you.

Delinquency defined by criminal code and there is no mandatory sentence.

Judges use statistics and testimonies to decide how to sentence, and they can decide

on any sentence they feel is appropriate for the crime. The most common delinquency

charge is truancy, which is a hassle for a judge but the cops prefer being able to pick up

teens on truancy so that the teens can’t get into more serious trouble, like drugs,

drinking, or theft.

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When measuring crime, statistics are used, but the problem with statistics is that

people lie. There was study done that showed when more police were hired in New

York City, the city’s crime rate rose 1%. The study of crime is called criminology, and

they are responsible for the Uniformed Crime Report. This report shows the number of

crimes and the number of crimes reported by victims. The report is divided into two

parts. The first part are felonies (index crimes), which usually tend to be violent crimes.

Part two is misdemeanors, which are lesser non-violent crimes.

Studies show that where a person lives will impact whether or not a crime is

reported honestly, or not at all. The books don’t reflect crime. The studies also show

that there are several different factors that can be related to crime. The first is a

relationship between gender and crime. Males tend to commit more crime than females.

There is also a relationship between age and crime. The younger people are more likely

to commit crime than older, and poverty can also impact the chance a person has of

committing a crime. 67% of crimes are usually committed with a handgun, and if a

person commits a crime with a weapon, the crime is then considered aggravated and

the punishment just got steeper. Drugs and crime are also correlated, and drugs can

ruin lives, not just by making a person do something they wouldn’t normally do, but they

kill brain cells and start shutting down the body.

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Police OrganizationsWhere a cop lives and works can determine the type of crimes that they have to

deal with. Police agencies in big cities like Chicago, Miami, etc… have a close

relationship with the FBI. Some precincts are cross sworn with federal agencies as well

as their department. Police agencies are structured similar to the military, with ranks of

command. This helps with the delegation of authority and to prevent corruption within a

police force.

Smaller police jurisdictions are less disciplined than the bigger jurisdictions.

Police departments are divided into precincts, and all police officers must be certified in

order to work as an officer. All officers must know the policies of the precinct that they

are working for, if they do not know the policies, they will be dismissed from the force.

The departments need to be efficient; therefore their officers need to be efficient.

Efficiency is based on response time, not the number of arrests made.

There are several things that can affect the time it takes for an officer to respond

to a crime. The first is how long it takes for a victim to report a crime. Then after they

have it reported 911 has to take all the information then transfer that information to the

police, so that the officers know what to expect, and how best to handle the situation.

The officer also has to then distinguish between hot and cold cases, the hot cases get

priority over any cold case because it is more immediate, but they also have to

distinguish between the emergency cases that need immediate attention, and those that

can wait a little before being attended to.

Patrol officers are the most important part of a police force. Their job is also the

most dangerous out of anyone on the force. Patrol officers are the first to respond to a

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call and render aid if needed. There are several types of patrols; undercover, bum

squad, motors unit, bike patrol, foot patrol, and in some cities horse patrol. Small towns

don’t have to restrict the officers to certain areas like the police agencies in big cities do.

There are multiple jobs available within a police force. There is of course, the

patrol officer. There are also detectives, corrections officers (jail), and mental health unit

located in the jail. There is a ratio of ten to three, between patrol officers and detectives

within a precinct. Patrol officers are always on the clock and always have to be ready to

go out on the job. They are also strictly managed for accountability reasons, because if

an officer is going to be corrupt or do something that they shouldn’t, it is more likely that

the officer is a patrol officer.

Dirty Harry is the most popular and well known detective in the U.S. A detective’s

main job is to investigate stolen property. Most police cases are solved by the patrol

officer, and the detective receives the initial report from the patrol. Detectives screen

arrests and is held responsible for getting the police report to the DA (District Attorney).

An easy way to know if there is a detective in public is that their vest or jacket goes

below their belt to hide their gun.

Patrol officers do preliminary investigations into crimes. The first thing they do on

a crime scene is secure the area and give aid to the victim if it is needed. Afterward they

take statements to get information on the suspect(s).

Witnesses are the people who give the police the information they need about

the crime. The layaway witness is like someone who watches a crime take place from

across the street. Material witness is the most vital to an investigation because they are

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the ones who give enough information. They tend to have direct evidence and are the

first ones to be asked for a statement from an officer. Material witnesses sometimes

need protection, especially in gang or mafia cases, because if word gets out they could

be in a lot of danger. Witnesses are required to read their statements before going to

trial so that they can refresh the incident in their mind. In Utah we have a material

witness statute, where if a police feel that a witness is a run risk or is in danger, they

can keep the witness in custody for their own protection.

When police find a body or investigate a crime scene there is certain evidence

they look for. One is if there is any bite marks, bruises, or other wounds on the victim.

Photos have to be taken of the body and surrounding area as soon as the body is

found. Patrol officers are required to stay on the scene and part of their job is to

accompany the ME (Medical Examiner) so that they can pronounce the preliminary time

and cause of death. Officers have to take DNA samples like; hair, semen, fingernails, or

skin. Any weapon found on the crime scene is also recorded and then bagged and

tagged, where all the evidence gets put into a bag and it is then labeled with the case

number, date, and year. Officers also look at blood spatter, gun powder residue, and

bullet wounds. The F.B.I. has a DNA database that police agencies can utilize to help

them find and catch their suspect. Officers also look for offensive and defensive marks

on the victim and in the surrounding area. Patrol officers do a walk- through of the crime

scene diagramming what they see and marking possible points of entry/exit.

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Why People Become OfficersSalt Lake Community College has the only anti-terrorism, homeland security

forensics program in the nation. In most places around the country, with the exception

of small cities, officers are starting to be required to have a two year degree.

There can be some problems being an officer. It can cause power and ego trips

because in society, citizens are supposed to listen to officers for their own safety and

protection. But there are some pros to becoming an officer as well as exciting reasons

becoming an officer such as: young new cops always take the west night shifts because

that’s where the action takes place, you get a type of brotherhood bond with fellow

officers on the force, and you can receive a 20 year retirement to being on the force.

Some personal down sides of becoming an officer that you take risk running into is that

your life is always at risk, it’s a dangerous job sometimes, has a divorce rate that is

climbing yearly on average; you also take the risk of getting into fights with suspects or

detainees.

To become an officer doesn’t really take much, first you need not to have any

convictions of felonies and pass a physical examination test. The physical test Males

must be able to bench press 185lbs., females must be able to bench press 85lbs. to

become federally employed you are required to take a series of psychology tests the

most common is the Hartman psychology test, but others as well; like, multi-phase

personality inventory test. To get on the local police force as well as on the federal side,

applicants have to pass a written examination.

It’s good to have women and other ethnic groups on a police force. The reason

why it is a good thing is because with women, they understand feelings and emotions

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more, and women victims could more easily trust or relate to another woman. As far as

having racial diversity on the police force, no one knows a culture better than those who

were raised in it. For example, African-American officers would have an easier time

working with the African-American population, because they understand the culture and

what may be the possible motives behind the crime.

Police officers are considered role models for the community. Younger kids,

especially boys, dream of one day becoming an officer and being able to arrest the bad

guys. Even as role models, officers can make mistakes and become corrupt, thereby

setting a bad example for those who look up to them within the community. A bad cop

can present in many ways, like misusing their authority, or developing a them vs. us

mentality, shakedowns, bribes, and mooching. From 1994 to 1998 the number of

officers sent to prison for corruption rose from 107 to 548. Other ways in which an

officer would be corrupt would be to see things as the end justifying the means, taking

out street justice (beat suspect), or by planting evidence on a suspect.

A good example of corruption is the case of Jose Ramos. Jose was a border

patrol officer and worked in the guard house. Two men approached Officer Ramos and

offered him a lot of money to go to the bathroom at a certain time the next night. Too

bad for Ramos that those two men were undercover cops trying to find the corrupt

officers and bring them to justice.

One of the reasons police agencies suffered from corruption was that there was

no written guidelines or policies stating what was wrong and right. There was also a lot

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of growth taking place with the beginning of new small cities that needed to be

protected, which required the hiring of new, green officers.

If a corrupt officer is caught, he is put under investigation. Internal Affairs (IA)

look into the circumstances and evidence and decide what to do with the officer until

trial. Officers can face different levels of punishment depending on how corrupted they

were. Some of the different punishments include; disposition, suspended from the force,

fined, prosecuted, exonerated, or dismissed. The punishment is decided by three

officers on a panel and they base their decision based on the evidence that is placed

before them.

The reason IA tries so hard to get things done quickly in the case of a corrupt cop

is because in 1983 a person sued a police officer, the police department, and the city

because of something the officer did. This became known as the 1983 action where the

people will take the entire department and city to court if they feel that they were

wronged. Another way a person can report misuse or abuse of officer power is to report

it on the community oversight boards. There was a case in Tennessee, Memphis vs.

Gardener that determined that police are not allowed to use deadly force unless they

are presented with deadly force. A woman police officer and some other officers were

called to a house where a burglary was taking place. The burglar ran and the woman

officer gave chase, and as he climbed over a wall, she opened fire and killed him. The

burglar’s family sued but the court didn’t rule in their favor because the officer was doing

what she had been taught, but they did decide to change the guidelines so that the only

time an officer could open fire was if they had fire opened upon them.

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The hard part about shooting someone is that nobody likes to take lives unless

there is something wrong with them mentally. When an officer has to shoot someone,

and if they kill them, it can cause serious psychological issues and extreme stress.

Officers only shoot when they have to because it is something that they will have to deal

with for the rest of their life.

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Causes of CrimeThere are many reasons why people commit crime. The first is for the thrill and

natural high they can receive from the adrenaline rush that comes with the crime.

Another reason is that some people like the chase and think it is exciting to run and try

to outsmart the officers. Poverty is a very good motivator for crime, because one thing

about people is that they will do anything to survive, including stealing and committing a

crime if it means that they get to live another day. Other people do it to get something

they want without having to pay the price for it. People with learning and mental

disabilities are more likely to commit a crime than those without. Delinquency is also

correlated with crime. Teenagers skip school and have a lot of spare time on their

hands to burn so they decide to do drugs, drink, or commit a crime like robbery. People,

especially young adults, who grow up and live in an unsettled home life, or broken

family, are also more likely to commit a crime. To some people money won is sweeter

than money earned, and so they find whatever way they can to win money rather than

have to really work for it.

There are multiple theories circulating as to the reasons people so what they do,

not just in crime, but in all aspects of life. The first theory is the choice theory. People

choose to do what they do, sometimes because the benefits outweigh the risks, and

other times are because it is what they feel like doing. The choice theory states that

people act out of free will and the want to do something. Some people believe that they

will never get caught, and for some that is true, but for most there will come a time when

they will get caught.

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Cesare Beccaria was a big believer of the choice theory. He wrote a book on

crime and punishment which stated that decisions are based on experiences and

results that have come about in your lifetime. He also said that all will realize the desires

of their heart, and not the idle wish of the mind. He also said in his book that

punishment can change behavior, but it has to be harsh enough for someone to really

take it to heart and change.

Jeremy Bantham was another believer in punishment helping to change

people’s behavior, but he believed in a certain timeline with those punishments.

Bantham stated that in order for punishment to be effective it must be done quickly after

the suspect or criminal has been caught, or shortly after the crime because otherwise

the person wouldn’t get it or realize what it was that they are being punished for. He

also said that people should know what punishment they would receive based on the

crime they commit and that knowledge should help to deter people from committing

crimes.

Victor Hugo, the famous French writer stated that love can change people. In his

book Les Miserables he centers his main character’s life changing experiences on the

love he experiences from other people and for other people. He also brought in a

religious aspect and said in his book that a religious experience, or ephinany, can

change someone as well.

Biology is another theory that is used to explain human behavior. Ninety percent

of crimes committed are by males. This is due to the biological makeup of men and

women. Men have testosterone and women have estrogen. With women the dangerous

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time is when they are suffering from PMS because they can lose control of their

emotions and do things they would later regret.

Genetics can play a part to. Everyone is made of DNA and that DNA is the blue

print to our bodies, minds, and personality. A person’s personality determines their work

ethic, who they are, and what they do and are capable of. A study of identical twins was

done in the sixties some time after WWII. The twins, even though they had never met or

seen their twin, fifty-six percent had the same similarities in personality and other

characteristics, sometimes down to what side they parted their hair on.

Another theory is neurophysiology. Thanks to modern technology we have tests

that can monitor and map out brain functioning and thinking. One of those methods is

an electroencephalogram, or EEG, that shows different patterns of brainwaves.

Psychology is another big theory in criminal studies. The biggest growing branch

of criminal justice is with the psychology field. That is the area of criminal profiling. The

father of psychology is Sigmund Freud and he said that everyone had three

consciousnesses. There is the ID, Ego, and Superego. The ID is like the caveman

inside everyone and is driven by sex. The Ego controls your actions and is

subconscious. The Superego is your personal conscience that lets you know what is

right or wrong.

There are multiple different kinds of psychological problems that can cause

criminal behavior and people who express problems and traits are divided into

categories. There is the psychopath, sociopath, and psychotics. The psychopath holds

no empathy for anybody. The sociopath has no victim sympathy or empathy, but they

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make the best inmates in prisons. The psychotics are the people who hear voices. A

good example would be David Berklowitz whose dog would tell him who to go kill.

The theory of sociology is another branch that is used to explain criminal

behavior. Some people get a, another person has it, so I want it mentality and do what

they can to achieve what they want. Poverty is another indicator because people will do

whatever is necessary to survive. Social disorganization can lend to the cause of crime,

as can inadequate schools and urban sprawl. The strain theory, when there is too much

stress on a person or family that to get away from it and relax or vent their frustration

they turn to crime. With America as a melting pot we also have cultural deviance to take

into account. People are raised differently depending on their culture. The theory of

Marxism within sociology states that there will always be a battle between those who

have and those who have not.

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Bill of Rights

In 1787 America had just won Independence from England, but was struggling

with the formation of a government. They had some documents called the Articles of

Confederation, but the Articles didn’t unify the states and make the country whole.

Under the Articles of Confederation the states had their own laws, banks, but didn’t

have any state armies or militias to protect themselves. To fix this problem all the states

sent a couple of delegates to rewrite the Articles, and thus the Constitution was born.

According to the Constitution, the people in America had the power. Also stated

in the constitution was the right to a jury trial, where criminals could be tried by a jury of

peers. In jury trials, the jury decides what is right or wrong, and can help make and

enforce the rules of society. The Constitution also gave citizens of the United States the

right to bear arms to protect themselves. Even after the Constitution had been adopted

and signed, the states and people noticed things that were mission or not entirely clear.

The delegates then came up with the first ten amendments to the Constitution, known

as the Bill of Rights.

The first amendment states that congress shall make no law establishing religion.

This country was founded on people coming to seek religious freedom, and all of the

laws were created by highly religious men, some of different faiths. This amendment

also protects any other law from being made that would prohibit the exercise of religion

for whatever reason. The first amendment also goes on to say that there can be no law

restricting freedom of speech within reasonable limits. It is against the law to yell fire in

a crowded room or slander another person, but there is no law and can be no law

restricting a person from expressing themselves as long as they do so peacefully.

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Another part of the first amendment is the freedom of the press and the right to

assemble.

The second amendment to the Constitution gives the states the right to form a

militia. This is also the amendment that gives citizens the right to bear arms. The right to

bear arms was given to the citizens so they can protect themselves, not only from bad

people, but also from an oppressive government should our government ever become

oppressive.

The third amendment stated that the people didn’t have to quarter soldiers. This

isn’t a big deal in today’s society, but when the Constitution was first made, citizens

constantly had to make room in their homes for the soldiers, even if they were British.

The fourth amendment is one that comes up constantly in court cases. It states

that there can be no unreasonable searches or seizures by law enforcement or the

government. In order for law enforcement to even search private property a judge must

issue a warrant stating what is being looked for and where the officers are allowed to

look. In order to get a warrant all officers must have a probable cause that can be

backed up in court.

The Fifth Amendment gives people the right to be tried by a grand jury. This does

sometimes vary from state to state because some states will have a preliminary hearing

before a defendant goes to a regular trial to be tried by a jury. The Fifth Amendment

also prohibits double jeopardy, which means that a person cannot be tried twice for the

same crime. It also states that a person can’t be forced to testify against themselves. If

a person is on trial and is asked a question that would compromise this amendment

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they can plead the fifth and not have to answer the question. This part of the

amendment was incorporated into the Miranda Warning that officers are required to give

before interrogating a suspect. The Miranda Warning goes, “you have the right to

remain silent. Anything you say or do can be used against you in a court of law.” The

rest of the Fifth Amendment goes on to state that no person can be deprived of liberty

or property without due process of law.

The sixth amendment gives a suspect/defendant the right to face their accuser.

Court rooms are set up to accommodate this amendment. It also gives people the right

to an attorney, and if someone can’t afford an attorney the state will appoint one for

them. This has also become a part of the Miranda Warning, “you have the right to an

attorney, if you cannot afford an attorney the state will provide one for you”. It gives

people the right to a speedy trial, and the right to subpoena witnesses to come and

testify for or against someone.

The seventh amendment lays out the guidelines for a jury trial. It says how many

people can be on the jury and also states that people have the right to decline to be

tried by a jury and have a bench trial instead.

The eighth amendment says that bail posted for a person cannot exceed the

crime committed. It also states that there can be no cruel or unusual punishment used

as a way to punish for a crime, or to get information from suspects.

The ninth amendment states that the Constitution cannot be used against itself.

The Constitution lays out and protects the rights of the people, and one right cannot be

used against another.

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The tenth and final amendment says that all powers need to be listed under the

Constitution; all the powers not listed are held by the states to do with what they will.

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Criminal JusticeThe criminal process follows certain guidelines some of which are set out in the

Constitution. The first is arrests made by a police officer if a person is committing a

felony or class A misdemeanor, and can only happen on the spot if the officer sees the

crime taking place in their presence. The officer can then book the person and have a

bail set for that person for them to get out of jail. If the person who was arrested cannot

afford the bail set they can call a bail bondsman who will pay for ten percent of the bail

and then monitor the person to make sure they don’t jump bail but show up to their

pretrial hearing.

An officer can also choose to arrest and release. The officer can also field card a

person by writing down their name, address, description, and time and place that they

came upon that person or people so that if a crime happens in that area the officer will

already have some suspects. The officer can also choose to hold a person for a small

increment of time.

After an arrest there is always a pre-trial set for the person. This is considered

their first appearance. At the appearance the officer has to show probable cause, that

the suspect did it and that a crime was committed. From here the case is either dropped

or sent to a real trial where the state has to prove beyond a reasonable doubt that the

person in question committed the crime. This usually means that there has to be a

preponderance of evidence, or at least ninety percent to prove that a person committed

a crime beyond a reasonable doubt. After the defendant has been sentenced, especially

if they are found guilty, they have the right to appeal and take the case to a higher court

if they feel like they were wronged.

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The 4th AmendmentLaw and law enforcement have to follow the Rule of Law. The rule of law is found

mostly in the fourth amendment that protects against unreasonable search and seizure

of property. Any search done by the government is presumed unreasonable unless a

warrant is issued by a judge. Any evidence seized illegally is in violation of the fourth

amendment, and can be excluded from trials.

To obtain a warrant an officer must show probable cause, and be specific about

what he is looking for. This is known as the exclusionary rule, where any evidence

seized illegally can and will be excluded from trial. To obtain the warrant the officer has

to fill out what is called an affidavit, which means the officer must fill in the probable

cause, if it is based on fresh facts, and most importantly has to state what the officer is

searching for and why they are searching for it.

Should anything be obtained illegally the defendant can ask to suppress the

evidence. This can also happen if they feel that their privacy has been violated because

of the reasonably privacy expectation. The problem with this is that it only covers what

society accepts and is willing to support as private or not.

When officers look for evidence of a crime, the most common things they will

look for will be evidence of the crime, stolen goods, contraband (tools used to commit a

crime or drugs) and all this must be listed on the warrant.

If someone is arrested they become subjected to a search. Cars are given more

leniency to search, and officers don’t normally need warrants to search a car. If a car is

impounded the officer is required to do an inventory of everything in the car, which

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means he can search it. They can ask and get consent from the owner/driver of the car

to search the car. If a car is abandoned on the side of the road, it is considered

abandoned property, which means that it can be searched. Border patrol is allowed to

search cars without ever getting a warrant because of all the drug smuggling that takes

place on the border of the U.S. and Mexico.

One of the growing areas of law enforcement is profiling. Some of the techniques

used in profiling include electronic surveillance, tapping of phone lines, and forward

looking infrared devices. In order for phones to be tapped, there has to be a warrant

from a judge, and it also means that people need to be more careful on what they say

over the phone because there is always a chance that there could be someone else

listening in. In order to have consensual phone taps, only one party of the conversation

has to agree to let officers listen in.

Each state has additional search and seizure requirements that must be met by

agencies as well as the regular requirements laid out in the fourth amendment. Most of

them also say that officers cannot have fishing expeditions at the expense of the people

because it can add unneeded stress.

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ArrestsIn law there are two different types of stop that you can make. Terry stops are the

most common type of stop that an officer can make. When an officer does his/her terry

stop he has have articulable suspicion and has to recite facts why the particular criminal

case is taking place. Another name for articulable suspicion, Reasonable suspicion

such as loitering outside a liquor store and checking on how many workers are present

right before its going to close. An officer must probable cause to make an arrestment on

a person; which brings us to our next type of stop, arrest and booking.

When an officer is going to detain someone he can either briefly detain someone

or book the supposed suspect for criminal activity, either way he must have probable

cause as to why he is detaining a person. An officer cannot cite and search someone

without permission being granted by the supposed suspect, unless obtaining a warrant

to search. If under any terry stop an officer cannot thoroughly search a person so he

performs what is called, “A pat down”. When doing a pat down to the suspect the officer

can’t reach into the person’s pockets, but can feel for any weapons or drugs that the

suspect may have. The officer usually should before doing any kind of search ask the

suspect if they hold or have any protruding items, or sharp objects that can cause bodily

harm to them or anyone. If the suspect were to have in possession paraphernalia or

weapons you can ask the suspect to remove them slowly.

Any officer can only arrest when all senses of a crime that has the potential of

being committed or has been committed. Under making an arrest it has to meet the

criteria of classes, A, B, and C misdemeanors, and/or with any felonies; an officer

cannot arrest under any infractions such as a simple traffic stop for speeding. Your

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average citizen can make what is known as a “citizen’s arrest”, they are high risks but

can be made and/or attempted. Arrestments with juveniles run differently due to they

can be detained but can’t be arrested officially. Reasons for juveniles to be

arrested/detained are broader like; runaways, truancies from school, curfew, and

endangerment of the juvenile are all reasons/causes for a juvenile to be

arrested/detained. Studies have shown that states with juvenile truancy laws daytime

burglaries went down by 32%.

A court case in 1936, Brown vs. Mississippi, they declared under the 14th

amendment that no person shall be deprived of their life or liberty without due process

of the law. In 1964 Escobido vs. Illinois, that particular court case broke the 6th

amendment and the 14th amendment, by not giving him an attorney nor releasing him

with holding no conviction of anything. 1966, the Miranda Warning was set in place in

which the officer making the arrest must be informed of his/her rights, “having the right

to remain silent anything you say or do can and will be held against you in the court of

law, having the right to an attorney if you cannot afford one one will be appointed to

you”, if they are going to be interrogated in custody. If the officer is just going to arrest

and book you the officer is not required to read your rights to you but most do anyway.

The exception to reading you your rights are reasons such as: volunteering information

for or from a suspect, threshold investigations, traffic stops, clarifying questions, and

terry stops. The Miranda warning became an official regulation to the officers in 1968

(Miranda vs. Arizona 1966).

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There is a type of manipulation out there that officers cannot do is, entrapment.

Entrapment is when a police officer entices someone to do something that he/she is

unlikely to commit.)

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Identification Process In the process of identifying a suspect, the officer in immediate area has the

right to briefly detain someone within a reasonable area of where a crime was

committed with any person that fits the description of a suspect. This process is what

they call a, “Show up”. Hypothetically the cop when Identifying a suspect they will put

the victim in backseat of the squad car and uses their high beams on suspect so it

prevents suspect from seeing victim. There is what the law calls a photo array. When a

victim is identifying a suspect four to five people at the show up and ask between the

five to six photos that were taken of possible suspect(s) and they ask non-leading

questions while trying to id the suspect. During a line up the suspects defense lawyer

must be present. These last two Id processes can be misleading due to lack of

knowledge due to impulsiveness and lighting conditions can be major factors that can

cause complications. But some helpful tips are look for unusual id features, DNA can be

the most helpful especially under rape victims.

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The Judicial SystemJudicial judges are appointed by the senator within the county/city that they

represent, as for Utah they are appointed by Senator Orrin Hatch. If you are applying for

a supreme court the president will nominate you and has to be approved by and

confirmed by U.S Senate judiciary committee. In the federal judiciary system there are

two different types of people lawyers who wish to retire at the bench and fresh law

graduating students/academic law professors. Twelve to thirteen law candidates all go

an interview where it is generally reduced to the final five after receiving the final five the

governor has 30 days to interview you within that state. The governor wants to know

whether or not you are going to run against his political views which play a major factor

in your hiring process, or whether or not you will conduct proper and fair justice. After

the interview your name will be run up to justice of Supreme Court. If you are hired

federally your job is for life, your pay cannot be reduced. Impeachment or self

resignation is the only way to be fired or laid off, besides being convicted of

misdemeanors or felonies.

There is another form of election and that is, retention election where citizens

choose who they want on the bench. It’s a contested election. Citizens usually vote

based on two things partisan elections which is whether or not law & order will be

served and on how well you do on the debates that will be held. There are currently

twenty-seven states that hold these types of elections and mostly consist of the

southern states. The two things that oppose from running elections within these states

are raising money and law and order debates. On the outcome of debates the

protection lies where the candidate is screened. Let’s say that you are already a judge

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and trying to run again; you have three levels of screening in order to stay in office. If a

judge knows that he will be caught for being convicted of a crime he will resign most

likely before they find out so he gets his retirement.

A certain aspect of being a judge is that you cannot have relations with

witnesses, attorneys, nor law enforcement when a criminal case is being investigated.

In this, 75% of complaints of this sort are sour grapes because the judge has broken

one of these rules which can result in admonishing the judge, with poor conduct, order

to counseling for one year, removed from office for a major cause like felony cases.

Every judge’s nightmare is that of a minority group going against you while you are

trying to be elected.

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Pre-trials and the Adversary System

The personality of the judge will determine how the court will be run. The bailiff is

the one in the courtroom who works closet with the judge. In a court room during trial

there will also be a Guardian ad Litem (in divorce cases to represent child/children), a

defense lawyer, and prosecutor. Court rooms are run off of a team concept, where

everyone works together and cooperates with each other.

If the same prosecutor works with the same defense lawyer, it can benefit both of

them and the people they are representing. It helps to develop a working relationship.

There are some down sides to this concept. The first is that they could become too

close to each other, which could make it hard for the prosecutor to prosecute.

It is also good to have lawyers work with multiple different judges because each

judge is different, and it can give the lawyers more practice, and help to broaden their

perspectives. It is also good in reverse to have one judge work with multiple lawyers

because it can add to the knowledge of the judge, and they can then use that

knowledge on other cases.

The prosecutor is the most important player in a court room. They don’t represent

the police or the victim, they represent the case and facts of what have happened. It is

now required for prosecutors to go on ride-a-longs with police officers. This is so that

they can understand how much work and time is put in to making a case, so that they

don’t get too casual with the cases they get sent.

Judges can ask the prosecutor and defense lawyer if they want to discuss and

come up with a sentence rather than drag the case through court. The judge can’t force

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a settlement though, so if the prosecutor and defense lawyer can’t agree on something

they have to allow it to go to court. Sometimes mediation can help resolve the case so

that it doesn’t have to go on to a full trial. This is the most beneficial to all involved.

There are also specialty courts. There is a drug court, where a person struggling

with drugs can go and get put into expensive (residential) treatment to work on their

problem. If they can stay clean for a year, they can get their kids or anything else that

was taken from them back. There are courts for domestic violence cases and mental

health cases as well.

Before anything goes to court, whether it is pre-trial or a regular trial a pre-

criminal report gets filed with the prosecutor. The prosecutor then does some

investigating and gets all the things they need ready for the trial. The Supreme Court

ruled in Brady vs. Maryland that if one of the lawyers has exculpatory evidence

(evidence indicating innocence), they must share it and let the other lawyer know. There

is also the Bill of Particulars which means to give and share evidence. This is beneficial

because it can mean the difference between a fair trial, or not. Lawyers don’t like

surprises, so it is always better that they communicate and know everything up front. If

a defense lawyer wants to receive information from the prosecutor they have to fill out a

form known as discovery. The prosecutor has to do the same thing if they want to

receive information from the defense.

The problems with sharing information, is that sometimes information can be

withheld, usually by the police. Sometimes police will hold back information that entails

innocence, or they can hold it back because it is not information they want shared with

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the defense attorney. If it is found out that any evidence has been withheld the case is

dismissed, and the person who withheld the information receives a reprimanding.

There are two different ways a case can be dismissed. The first is to dismiss

without prejudice. If a case is dismissed without prejudice it can be filed and opened

again should more evidence come to light, or should the prosecutor request that it is

reopened. The second is to dismiss with prejudice. If a case is dismissed with prejudice,

then it can never be reopened no matter who asks, or what new evidence comes to

light. This is to prevent people from having to be dragged through the same trial over

and over and over again.

Defense lawyers are required by regulations to provide certain information to the

prosecutor at or before the pre-trial. One of those is an alibi showing that the defendant

wasn’t at the crime scene. This usually involves witness statements testifying to the

defendant being somewhere with them. An alibi statement must be provided at least ten

days prior to trial. Another thing the defense lawyer must tell the prosecutor is if they are

going to file a plea of insanity. This must also be filed before a trial.

The most powerful person in the system is the Attorney General (prosecutor).

Mark Shurtliff is the Attorney General in Utah. City prosecutors are appointed to their

positions. Any of the county or state prosecutors are elected by the people. It is the

duty of the prosecutor to see that justice is done. It is also their duty to decide the level

of crime to charge a person with, and whether or not that person should be arrested.

The amount of offense stacked against the defendant is also decided by the prosecutor.

Prosecutors have the authority to dismiss or divert cases. They also decide whether or

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not to offer the defendant a plea of abeyance. A prosecutor can also resist the request

for an expungement of a record.

There are some differences that have been found between police and

prosecutors. The main one is that police are concerned with factual guilt and become

emotionally invested in the cases they are working on. Prosecutors are concerned with

legal guilt, like what they could charge the defendant with. Prosecutors also like to win,

so they make sure that they only charge what they could prove and win with.

Defense lawyers do a lot of research when asked to defend a client. According to

the sixth amendment of the Constitution, defendants have the right to an attorney

whether or not they can provide one for themselves. The job of the defense lawyer is to

represent the defendant in court. The defense lawyer can file for appeals, and also

utilize the Bill of Particulars by filling out the discovery. There is a second universal law

of law that applies to defense lawyers, and that states that everybody lies to their

defense lawyer. To make people more comfortable with telling the truth, they came up

with attorney-client privilege where the attorney cannot tell anyone what was told to

them and will still defend that person as if they hadn’t been told anything.

There is also the spouse privilege. If someone commits a crime and goes home

and tells their spouse, the spouse cannot call the police, or be used to testify against the

partner who committed the crime. They do this because trust in a relationship is

important and it is also believed to be therapeutic for people to have someone they can

confess to.

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There are four types of defense lawyers that can be used to defend a person.

The first is the lawyer that is hired by the person themselves to defend them in court.

The second is the appointed lawyer, who is appointed by the state to defend someone

who cannot afford to hire their own. The third is a private firm who has a contract with

the court to get a certain type of case, and they can have their own private business on

the side. The last is a public defender who is also appointed by the court, but who

specializes in certain types of cases.

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Trial and Appellate System

Prosecutors, under the power of the Constitution, have the power to decide

charges. Prosecutors have the flexibility to pick and choose their cases, and have the

opportunity to screen cases. Defense lawyers don’t have that kind of flexibility; they

have to take people as they walk through the door.

A defense lawyer’s job isn’t to prove innocence. Their job is to raise reasonable

doubt and suspicion in the minds of the judge and jury. It is also a part of their job to

represent the defendant in court. A prosecutors job is file the case, reduce charges, and

sometimes dismiss cases because evidence has changed or is no longer valid.

Prosecutors also prioritize their cases and focus more on the important ones like

domestic abuse (where spouses hurt each other).

There are a few things that can make evidence to circumstantial to be of much

use in the trial. The first is an uncooperative or unreliable victim. The problem here is

that they won’t cooperate or can’t remember or get their story straight. Co-defendant

testimony can also cause a problem, or cause the case to be dismissed. Co-defendant

testimony is where one person will admit to the crime and implicate their partners in

order to be given a lesser sentence for cooperating.

Prosecutors choose what to charge a person with. They don’t have to charge

what the officer charged and arrested for, they can either choose something less than

the officer charged or more, depending on the evidence and what they is likely to win in

court. If the charge is a felony it goes through the metropolis screening panels, and

approves or changes the charge.

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Prosecutors also have to fill out a document called the information which states

the charge and why they are being given that charge. A defense lawyer could also fill

out an information requesting to quash some of the evidence or to get the case

dismissed if it doesn’t move fast enough because then it is in violation of the sixth

amendment.

Defendants and lawyers can also enter into what is known as plea bargaining.

This can bring them to a settlement before trial. There are two different types of

settlements, a charge bargaining and a sentence bargaining. Both of these are

considered negotiated settlements.

To meet a single criminal episode requirement the prosecutor has to file for all

charges on one information document. Then anytime during trial if the defendant wants

to enter a plea, the Boykin Rights must be read to them by a judge. The Boykin Rights

basically breaks down what the defendant is pleading to and what the sentences could

be given. The judge will then ask the defendant if they understand, and if the defendant

says yes, proceedings will move on accordingly.

During trial defendants are presumed innocent they minute they enter the court

room, and that presumption does not change until the end of the trial and they have

been proven guilty, or not-guilty. Thanks to the protection of the Fifth Amendment,

defendants don’t have to testify against themselves, or at all. Prosecutors can make no

comment to the judge or jury that the defendant chose to remain silent, nor make any

indication that it is of importance. If the prosecutor does do or say something to draw

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attention to the defendant’s silence it is considered a reversible error and the case

would be dismissed.

Jury trials are supposed to be fair, and be made up of fair unbiased people. If the

defense lawyer feels that the jury they were assigned is not fair, they can file for a

change of venue. People are chosen for jury duty by being picked from the DMV or

voters registration. People will receive a card in the mail, and have to show up at the

designated day and time. In order to insure that there is an impartial jury on the stand,

the jury must answer certain questions. If a juror is found to be biased, they can be told

to leave. This is known as a challenge for bias. Peremptory challenges don’t require the

defense or prosecution to have a reason to remove a member of the jury.

There are fourteen members who sit on a jury, with two alternates should any of

the members be told to leave, or have an unfortunate accident. The jurors are

sequestered throughout the entire trial and are completely cut off from all forms of

contact and communication until the trial is over.

At the beginning of the trial the prosecutor begins with an opening statement.

They then go on to do a direct examination of any witnesses they call to the stand.

Direct examination means that only open ended questions can be asked, and the

prosecutor can’t lead a witness to say what they want them to say. The defense lawyer

will then cross examine all the witnesses, and is allowed to ask leading questions. After

the prosecution has rested the defense will normally ask for a directed verdict and for

the case to be dismissed. Even if they are denied, it gives the defense lawyer a chance

to hear what the judge is thinking and considers important.

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The defense will now open with an opening statement then do a direct

examination of any witnesses they have called. In the second part of a trial the roles are

switched. It is now the prosecutors turn to conduct cross examinations and be allowed

to ask leading questions of the witnesses. The defense lawyer will then finish and rest.

At this point in the trial both the defense and prosecution will request for a

directed verdict. This is when the jury takes a recess to decide if the defendant is guilty

or not guilty. Jurors base their decision off of the defense and prosecutions closing

statements as well as the statements of the witnesses.

There are two types of evidence that can be used in a trial. The first is direct

evidence, like photos. The second is circumstantial evidence. Expert witnesses can also

be asked to come testify at a trial. Expert witnesses are used when DNA, fingerprints,

etc… are used as evidence during the trial.