Criminal Justice ProcessThe

Formal

Only the criminal justice system maintains the power to control crime and punish those who

violate the law.

Local, state, and county agencies

18,000Agencies

employees

1.1M Law

enforcement officers

800,000 Federal

officers

120,000

EMPL

OYEE

S

Courts

17,000- Prosecutor

ial agencies

8,000 Correction

al institution

s

6,000Probation and parole

dept.

3,500+

AGEN

CIES

Arrested each year

11MCases heard

each year

96MCases involve

a criminal matter

20MCases involve

juvenile offenders

2M

COUR

TS

Under correctional supervision

7MIncarcerated

2M+Supervised in

the community

4.75M

CORR

ECTI

ONS

2.9M(2014)

2M+

Incarcerated

UTAH

THE SYSTEM: AGENCIES OF CRIME CONTROL POLICE 1. Contact

2. Investigation3. Arrest4. Custody

PROSECUTION AND DEFENSE

5. Complaint/charging6. Grand jury/preliminary hearing7. Arraignment8. Bail/detention9. Plea negotiations

COURT 10. Adjudication11. Disposition12. Appeal/postconviction remedies

CORRECTIONS

13. Correction14. Release15. PostreleaseFigure 1.1 from the book, page 14

1. Contact• When an officer, person or suspect

confesses to a crime or is confronted about a possible crime.

2. Investigation• Sufficient evidence is needed to

support a legal arrest.

3. Arrest• Evidence has been physically seen or

documented.• Officer witnesses the crime.• Officer believes there’s sufficient

evidence to make an arrest.

4. Custody• Suspect is in custody, the officer may

search for further evidence.• While in custody, the suspect is

protected from abuse, illegal searches and intimidation.

5. Charging• When sufficient evidence exists to

charge a person with a crime, the case will be turned over to the prosecutors office.

• Prosecutors will decide what action to take.

• If no action is taken, it’s called a nolle prosequi.

6. Preliminary Hearing/Grand Jury• Our constitution mandates probable

cause.• 50% of states this determination is

made by a grand jury.– Remaining states, prosecution will file a

charging document. (an information)• Another name for a preliminary

hearing is a probable cause hearing.

7. Arraignment• Before the trail, defendant will be

brought before the court to hear the case.

8. Bail/detention• Money bond levied to ensure a return

of a criminal to trail.• Allows defendant to remain in the

community before their trial.

9. Plea Bargaining• Defense will discuss a possible guilty

plea in exchange for the prosecution reducing or dropping some charges.

• Request for a more lenient sentence.• 90% of all cases end in plea bargain.

10. Trail/adjudication• When an agreement or settlement

cannot be reached, the trail will be held before a judge.

11. Sentencing/Disposition• After a criminal trail, if accused is

found guilty they will return to court for sentencing.

12. Appeal/postconviction Remedies

• Defense can ask trial judge to set aside jury’s verdict.– Jury has made a mistake of law–Misinterpreting judges instructions– Convicting a charge not supported by

evidence• Appeal maybe filed after conviction if

defendant believes constitutional rights were violated.

CriminalJusticeFunnel

Figure 1.2 from the book

page 13

For every 1,000

federal crimes,

about 20 people are

sent to prison

13. Correctional Treatment• Offenders placed within the

jurisdiction of the state or federal corrections authorities.–May serve probationary term– Place in community correctional facility– Serve term in jail– Housed in a prison

• Offender maybe asked to take rehabilitation program.

14. Release• After completion of sentence and

period of correction, offender will be freed to return to society.

• Most inmates do not serve the full term of sentence.– Early release for good time or behavior.

15. Postrelease• After termination of correctional

treatment, offenders maybe asked to spend time in a community correction center.– Halfway house–Work release programs

THE SYSTEM: AGENCIES OF CRIME CONTROL POLICE 1. Contact

2. Investigation3. Arrest4. Custody

PROSECUTION AND DEFENSE

5. Complaint/charging6. Grand jury/preliminary hearing7. Arraignment8. Bail/detention9. Plea negotiations

COURT 10. Adjudication11. Disposition12. Appeal/postconviction remedies

CORRECTIONS

13. Correction14. Release15. PostreleaseFigure 1.1 from the book, page 14

Utah Criminal Justice ReformReducing first-time and second-time drug possession convictions from felonies to

misdemeanors, expanding mental health and substance abuse treatment services for offenders, providing opportunities for inmates to earn sentence reductions by completing specified programs meant to

keep them out of prison in the future, and offering greater assistance to people

transitioning out of prison.

HBO | VICE | Ep16 | Special Report: Fixing the System

The criminal justice system is society’s instrument of social

control.

Criminal Justice ProcessThe

Formal