Chapter 5Chapter 5

The Criminal Justice SystemThe Criminal Justice System

Components of the Criminal Components of the Criminal Justice systemJustice system The criminal justice system is far The criminal justice system is far

more than law enforcement officers. more than law enforcement officers. There are also lawyers, judges, There are also lawyers, judges, prison gaurds, ect.prison gaurds, ect.

The criminal justice system is The criminal justice system is composed of three district composed of three district components: Police, Courts, and components: Police, Courts, and Corrections.Corrections.

The government has a big part in the The government has a big part in the Criminal Justice System.Criminal Justice System.

CrimeCrime

Out of 15 million people, 87% of Out of 15 million people, 87% of them change their daily activities due them change their daily activities due to their fear of crime.to their fear of crime.

Neighborhood Watch has been used Neighborhood Watch has been used to protect against criminal activities.to protect against criminal activities.

Other jobs that have been created to Other jobs that have been created to help reduce crime include: Private help reduce crime include: Private investigators, Armored car services, investigators, Armored car services, Alarm Companies, ect.Alarm Companies, ect.

CourtsCourts

In 1985 the following statistics showIn 1985 the following statistics show Courts (Federal) 871Courts (Federal) 871 Judges 26,228Judges 26,228 Judges (Utah) 241Judges (Utah) 241

Utah’s Courts are classified as Utah’s Courts are classified as limited, general, or appellate.limited, general, or appellate. Limited courts are the Justice and Limited courts are the Justice and

Juvenile Courts.Juvenile Courts. General courts include the District General courts include the District

Court.Court. Appellate courts hear cases on appeal Appellate courts hear cases on appeal

from lower courts.from lower courts.

Courts (cont.)Courts (cont.)

JurisdictionJurisdiction Original JurisdictionOriginal Jurisdiction

The court that the trial is first heard.The court that the trial is first heard. Exclusive JurisdictionExclusive Jurisdiction

Signifies that there is only one type of Signifies that there is only one type of court the case can be initiated.court the case can be initiated.

Concurrent JurisdictionConcurrent Jurisdiction Two or more types of courts can hear Two or more types of courts can hear

the specific case.the specific case.

Judge Selection and Judge Selection and RetentionRetention

There are four steps in selecting There are four steps in selecting judges.judges. NominationNomination AppointmentAppointment ConfirmationConfirmation Retention ElectionRetention Election

Appellate CourtsAppellate Courts

Utah Supreme CourtUtah Supreme Court The last resort in UtahThe last resort in Utah

Consists of 5 justicesConsists of 5 justices

Utah Court of AppealsUtah Court of Appeals Created in 1987Created in 1987

Consists of 7 judgesConsists of 7 judges Hears appeals from lower courtsHears appeals from lower courts

Trial CourtsTrial Courts

District CourtDistrict Court Small Claims CourtSmall Claims Court Drug CourtDrug Court Domestic Violence CourtDomestic Violence Court

Justice CourtJustice Court Juvenile CourtJuvenile Court

Pre-trial ProcessingPre-trial Processing

Identification of ArresteeIdentification of Arrestee Body searchBody search Figure PrintingFigure Printing Mug shotMug shot

Utah Judicial SystemUtah Judicial System

5Supreme Court

Justices

7Court of Appeals

Judges

68District Court

Judges

22Juvenile Court

Judges

128Justice Court

Judges

6Court

Commissioners

Citation Arrest & SummonsCitation Arrest & Summons

Citation ArrestCitation Arrest Offender is given a citation Offender is given a citation

assuming that the defendant will assuming that the defendant will appear in court.appear in court.

SummonsSummons A court order to summon the A court order to summon the

defendant to courtdefendant to court

The JuryThe Jury

The Jury usually consists of 12 The Jury usually consists of 12 jurors.jurors.

The potential jurors go through a The potential jurors go through a process called process called voir dire voir dire examinationexamination..

The pass a verdict ¾ of the The pass a verdict ¾ of the jurors have to agree.jurors have to agree.

CorrectionsCorrections

Corrections agenciesCorrections agencies Department of CorrectionsDepartment of Corrections Board of Pardons and ParoleBoard of Pardons and Parole Adult Probation and ParoleAdult Probation and Parole Department of Social ServicesDepartment of Social Services Sheriff’s Office jail staffsSheriff’s Office jail staffs Juvenile probation unitsJuvenile probation units

Corrections HistoryCorrections History

Early mans form of corrections Early mans form of corrections was was an eye for an eye and a an eye for an eye and a tooth for a toothtooth for a tooth..

In the middle ages the In the middle ages the government organized the government organized the Feudal System, which was a Feudal System, which was a harsh method of corrections.harsh method of corrections. Criminals were often executed for Criminals were often executed for

the crime they committed.the crime they committed.

Corrections History (cont.)Corrections History (cont.)

In England during the 1800’s, over In England during the 1800’s, over 300 crimes were punishable by 300 crimes were punishable by deathdeath Some of these were punishable to Some of these were punishable to

children at the age of eight.children at the age of eight. America in the early 1900’s would America in the early 1900’s would

use prisoners to work in factories use prisoners to work in factories and in building roads.and in building roads.

The official goal of corrections now The official goal of corrections now days is rehabilitation through days is rehabilitation through programs which include probation, programs which include probation, parole, and pre-release programs.parole, and pre-release programs.

Corrections History (cont.)Corrections History (cont.)

ProbationProbation A person on probation is A person on probation is

considered by the judge as a considered by the judge as a minimal threat to society, and minimal threat to society, and he/she feels that the defendant he/she feels that the defendant will rehabilitate with the help of a will rehabilitate with the help of a probation officer who will track probation officer who will track their daily life.their daily life.

Corrections History (cont.)Corrections History (cont.)

ParoleParole Parole is a system for releasing Parole is a system for releasing

prisoners from custody before their prisoners from custody before their prison term has been completed.prison term has been completed.

Much like probation a parolee has to Much like probation a parolee has to abide by many strict rules and abide by many strict rules and guidelines. If he/she fails to comply with guidelines. If he/she fails to comply with the rules they may be thrown back in the rules they may be thrown back in prison to finish their prison term.prison to finish their prison term.

Corrections History (cont.)Corrections History (cont.)

Pre-release ProgramsPre-release Programs Work-releaseWork-release Visit family for a weekend so the family Visit family for a weekend so the family

can stay together during the persons can stay together during the persons sentencesentence

Conjugal Visits (only in some states) Conjugal Visits (only in some states) where prisoners can spend private time where prisoners can spend private time with their spouse.with their spouse.

Half-way HouseHalf-way House Used to expose prisoners to society to fully Used to expose prisoners to society to fully

rehabilitate them.rehabilitate them.

Intermediate Sentence and Intermediate Sentence and DiversionDiversion Intermediate Sentence Intermediate Sentence

Another form of rehabilitationAnother form of rehabilitation If an inmate has a lot of good time they can If an inmate has a lot of good time they can

be released early pending the approval of be released early pending the approval of the judge.the judge.

DiversionDiversion It is most like probation except it occurs It is most like probation except it occurs

before the trial. It could possibly save before the trial. It could possibly save the defendant from a criminal record the defendant from a criminal record and imprisonmentand imprisonment

RecidivismRecidivism

The rate of return a paroled or The rate of return a paroled or released person is back in released person is back in prison.prison.

Can occur for several reasons Can occur for several reasons which includewhich include Committing another criminal actCommitting another criminal act Violating the rules of paroleViolating the rules of parole

ForfeitureForfeiture

Forfeiture is the seizure of property Forfeiture is the seizure of property derived from or used in criminal derived from or used in criminal activity activity Civil ForfeitureCivil Forfeiture

The proceeding involving property used in a The proceeding involving property used in a criminal activity. It includes vehicles, criminal activity. It includes vehicles, equipment or land the crime was committed equipment or land the crime was committed on.on.

Criminal ForfeitureCriminal Forfeiture Is part of the criminal action taken against Is part of the criminal action taken against

the defendant accused of racketeering or the defendant accused of racketeering or drug trafficking.drug trafficking.

Requires defendant to forfeit various Requires defendant to forfeit various property rights and interests related to the property rights and interests related to the violation.violation.

The End