Key Terms:
1) Policing - enforcing the law by apprehending violators and thereby protecting citizens. Crime prevention and social services such as education of the public are more recent emphases in law enforcement.
2) Limited Jurisdiction - the jurisdiction of courts that have narrow legal authority over specific types of disputes.
3) General Jurisdiction - The jurisdiction of courts where most trial for felonies occur, as well as trials in major civil cases.
4) Appellate Jurisdiction - The jurisdiction of courts that review specific legal issues raised in trial courts.
5) Local Jails - facilities used to detain adults awaiting trial and offenders serving sentences of one year or less.
6) Probation - a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer.
7) Bill of Rights - the first ten amendments to the Constitution-details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure.
8) Fourth Amendment - amendment to the Constitution that prohibits searches without probable cause.
9) Probable Cause - a reasonable link between a specific person and a particular crime; the legal threshold required before police can arrest or search an individual.
10) Warrant - a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officers’ assessment of the facts.
11) Arrest - process of taking a suspect into custody for the purpose of prosecution.
12) Booking - A procedure in which an official record of the arrest is made.
13) Summons - a written notice to appear in court.
14) Bail - a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial.
15) Surety - bail posted by a bondsman on behalf of an arrestee.
16) Plea - a statement of innocence or guilt.
17) Arraignment - a hearing where the defendant is informed of the charges and of his or her rights and enters a plea.
18) Information - a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.
19) Grand Jury - a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold the person for trial.
20) Indictment - a formal accusation of a crime based on the vote of a grand jury.
21) Bench Trial - a trial in which the judge determines guilt or innocence.
22) Jury Trial - a trial in which the jury determines guilt or innocence.
23) Acquittal - a finding after trial not guilty.
24) Conviction - a finding of guilt beyond a reasonable doubt.
25) Sentencing - a judge’s decision as to what is to be the most appropriate punishment, given the type of crime and offender, and within a specified range established by law.
26) Presentence Investigation - an investigation by the probation department that seeks information regarding the offender’s personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender.
27) Incarceration - segregation of offenders from the rest of the community in jails or prisons to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes.
28) Parole - a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community.
29) Appeal - a review of lower court decisions by a higher court to look for errors of law or procedure.
30) Justices - the title of the judges of an appellate court.
31) Mistrial - a trial that has been declared invalid because of a substantial error in law or procedure.
Questions For Review And Discussions:
1. How is the criminal justice system designed to provide a just balance between individual and community interests?
- The criminal justice system is designed to provide a mechanism for achieving a balance between individual and community interests by agencies, laws, and procedures – even though they sometimes fall short of achieving their goal.
2. What are the four basic tasks that law enforcement agencies at all levels of jurisdiction are expected to perform? How do law enforcement agencies differ by jurisdiction?
- The four basic tasks that law enforcement agencies at all levels of jurisdiction are expected to perform is protect people and their rights, apprehend those who violate laws, prevent crimes, and provide social services. The law enforcement agencies are different by jurisdiction because federal officers enforce federal laws, state officers enforce state laws, and local police enforce both state and local laws.
3. What are the three basic jurisdictions that state and federal court have? How do state and federal courts differ?
- The three basic jurisdictions that the state and federal courts have are limited jurisdiction, general jurisdiction, and appellate jurisdiction. The state and federal courts differ because the federal court system interprets federal laws and the state court system interprets state and local laws
4. How does the correctional system reflect the organization of law enforcement and the courts?
- The organization of law enforcement and the courts is reflected by the correctional system because it exists on local, state, and federal levels of government.
5. Why is it useful to think of the criminal justice system as a filter?
- It is useful to think of the criminal justice system as a filter because it includes individuals and agencies that serve as links between law enforcement and the courts, such as prosecutors and defense counsel, and between the courts and corrections, such as parole agencies.
6. What does the Bill of Rights have to do with the criminal justice system? What is meant by due process of law?
- The Bill of Rights has to do with the criminal justice system because it details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure. Due process of law means that individuals cannot be denied their right as citizens without adjudication according to law.
7. How does the criminal justice system operate from the time a suspected violation of a law occurs until the time a suspect is arrested?
- The operation of the criminal justice system from the time a suspected violation of law occurs to the time a suspect is a arrested is the first action to be taken is an investigation and then the police must reconstruct an incident from the accounts of victims and witness in order to determine whether a crime was actually committed.
8. What legal right does the Fourth Amendment protect? What is meant by probable cause?
- The Fourth Amendment protects against searches and seizures conducted without a warrant specifying a probable cause. Probable cause is meant to have a reasonable link between a specific person and a particular crime.
9. How does the bail system operate? What is the process by which cases are brought to trial? What kinds of trials are there?
- The operation of the bail system is an arrestee who posts bail remains free pending a court appearance, bail is posted in the form of cash or it equivalent, which is later refunded to when the arrestee appears for trial. The kinds of trials are the bench trial which means the prosecutor and defense counsel make their argument to the judge who determines guilt or innocence, and the jury trail which means that guilt or innocence is determined by a jury. There are two formal trials the bench trial and the jury trial. Before the trial a defendant must be formally accused based on a determination of probable cause. The formal step occurs in one of two ways, [1] through a formal accusation filed by a prosecutor cased on the findings of a preliminary hearing or [2] through an indictment.
10. What are the four kinds of plea? What are the possible outcomes of a trial?
- The four kinds of plea are guilty, no contest, no plea, or not guilty. The possible outcomes of trial are acquittal or conviction.
11. Why is the cost of justice so high? Why are there concerns of fairness in the adjudication process?
- The cost of justice is so high because of increased spending on prisons and police. There are concerns about fairness in the adjudication process because investigations have found that there are racial disparities of the juvenile offenders, arrest decisions, sentencing and death penalty decisions. When this happens the citizens lose confidence in the criminal justice system and in the government it represents.
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