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Chapter FiveThe Criminal Justice System

1Three Components of the Criminal Justice SystemPoliceCourtsCorrections2Three Branches of GovernmentLegislativeCreates LawsExecutiveEnforces LawsJudicialDetermines Guilt and Punishment3Crime

4Have People Changed Their Activities Due to Fear of Crime?YesWhen 15 million individuals were asked this question, 87% answered, Yes. 5Crime ReductionNeighborhood watch programs were implemented to have each neighbor look for and report suspicious activities

6Private Security BusinessIn 1979, the Security Licensing Act was passed requiring training of employees.The Act also regulates the private security business

7CourtsLimitedJustice CourtJuvenile CourtGeneralDistrict Court

AppellateWill only hear cases on appeal from a lower court

8U.S. Supreme CourtHighest Court in the LandNot all petitioners can have a case heard before the Supreme Court because the Court receives so many petitions9Judge Selection and RetentionMerit selection of judges in Utah was developed in 1985 as an alternative to requiring judges to run in contested elections. Four steps in the Utah merit selection planNominationAppointmentConfirmationRetention ElectionUnder the Utah Constitution, judges must stand for retention election at the end of each term of office

10Judges Terms of OfficeJustice Court JudgesFour yearsDistrict Court JudgesSix yearsCourt of Appeals JudgesSix yearsUtah Supreme Court JudgesTen years11All judges, except Justice Court judges must be graduates of law school and a member of the Utah State BarThe biggest problem facing the courts today is excessive workload

12Appeals

13Justice CourtHas concurrent jurisdiction over Class B, Class C misdemeanors, and InfractionsHas a small claims division covering disputes under $5,000Justice Court is not a court of record 14District CourtHas original jurisdiction to try all criminal felonies and class A misdemeanorsAlso has a small claims department which covers disputes under $5,000Has a Drug Court that is designed as an alternative for non-violent drug offenders and provides intensive drug treatment and monitoring as opposed to traditional sentencing and incarceration15District Court continuedHandles domestic relations cases under its Domestic Violence Court

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17Pre-Trial ProcessingFor many years it was deemed appropriate for any person accused of a crime to be placed in jail. This process, known as booking, includes identification of the arrestee, a search to ensure jail security, fingerprinting, and the taking of a picture or mug shot for law enforcement purposesConcern that an arrested person may be found not guilty after a lengthy jail stay resulted in a constitutional right to bail

18Pre-Trial Processing-Bail contArrested persons are allowed to post bail in order to get out of jail until the time of the trialBail money or property is posted with the court as a promise to show up for trialBenefits of bail include: reducing cost to taxpayers, allowing the arrestee to provide for his or her family and to consult with a lawyer, concerns about employment and reputation, and reduction of jail over-crowdingA bail bondsman may be used for convenience or if the defendant is unable to pay the full amount. The fee for a bondsman is usually 10%19Pre-Trial Processing continuedThe most common pre-trial release program is called an Own Recognizance (O.R.) releaseThose who qualify for O.R. release do not have to post bail. Qualifications include sufficient ties to the community20Alternatives to being Booked in JailCitation (ticket) arrest. Class B misdemeanor or below onlySummons process. A summons to appear in court is served to the defendant by mail or constable21The JuryTraditionally made up of 12 members.Designed to consist of a defendants PeersIt is the responsibility of the jury to decide the single issue of guilt, however, in some states the jury may be called upon to recommend a sentence for those found guilty.Issues of law are the responsibility of the judge.Jury members are paid for their service.22Jury SelectionUtah uses both drivers license and voter registration lists for potential jurorsOther states use property tax lists, income tax lists, utility customer lists, and telephone directories in addition to those used by Utah23

Corrections History

Originally, revenge was the goalLater, reform or rehabilitation was adopted. Solitary Confinement was one method used. A prisoner was locked in a small cell alone with a bible and would be reformed by reading its truths24ProbationAlternative to being put in jail after being found guilty.Probationer is required to follow a specific set of rules, violation of which could result in jail/prison time.Rules may include: defendant shall not leave area, shall report to probation officer, shall be truthful and follow instructions, must work and refrain from alcohol or drug use, shall not associate with known criminals, shall submit to searches, etc

25ParoleA system for releasing prisoners from custody before their prison term is completeMust comply with rules or parole may be revokedPrior to returning to society, inmates are assigned to a halfway houseAnother pre-release program is the furlough, where a prisoner may visit home and family for a weekend or longer

26Indeterminate SentenceAn unfixed or unspecific sentence. The prisoner is eligible for release when rehabilitatedGoodtime that is given as an incentive for good behavior and following the rules of the facility is not given under this type of sentencing27DiversionMuch like probation except that it occurs before trial. A trial generally does not take place28RecidivismThe rate of return of paroled or released individuals back to prisonUsually based on the first year after release

29ForfeitureGovernment seizure of property, cash, vehicles, and/or equipment derived from or used in criminal activityTwo types: civil and criminal

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