Standards 3, 4, and 9
Thomas Jarvis, Period 5
Standard 3, Origin of American Criminal Justice System
- American criminal justice dates back to colonial times where the British would administer justice for crimes committed.
- After the American Revolution, the U.S. Constitution was created which guaranteed certain rights to citizens and became the guidelines for punishments and procedures within the Criminal Justice System.
- Before the U.S. Constitution was adopted, the Law and Justice system was governed by the Articles of Confederation.
- George Washington appointed the first Supreme Court justices, which met for the first time in court in 1790.
- During and after the Civil War era, the US court system shifted its focus to regulating businesses and civil cases.
- Since 1937, the courts have focused on Civil Liberties.
- Policing originated in the Northern colonies as night watches, who looked out for other citizens and would help in the event of a fire, crime, disaster, etc.
- Policing in the South originated as slave patrols, groups of white men who searched for runaway slaves.
- Slave patrols were considered to be the first organized "modern" policing organization.
- On the Western frontier, Marshals, sheriffs and posses would be police along with the help of vigilantes, or citizens who would take justice into their own hands, sometimes for rewards.
- Vigilante justice quickly got out of control on the Western frontier, quickly leading to lawlessness and self appointed "law enforcement."
- Common law evolves with new decisions made in court.
- Statutory laws are new laws issued by government agencies.
- The three strikes law is a relatively new law that significantly lengthens the sentences given to offenders who have already committed 2 serious felonies.
- I think that the three strikes law is drastic.
Standard 4, The Trial Process
- Police arrest someone based on probable cause that they have committed an offense.
- Police provide reports to the prosecuting attorney.
- Suspect is arraigned and informed of the charges against them, along with their constitutional rights. Bail is also set.
- Preliminary hearing is held to review probable cause. If there is probable cause, the case is sent to a superior court.
- Prosecutor will file a charge to a superior court, and the suspect will be arraigned once again.
- A pre-trial conference is held, where the defense and prosecution may interact and work out a deal or present some new information.
- The trial begins, a 12 man jury will be responsible for reviewing the case and evidence and determining the defendant's innocence.
- If found guilty, the defendant is then sent to a sentencing trial, where they are then given a consequence for the crime they committed.
- Collateral consequences are then given, such as loss of right to vote, right to own firearms, etc.
- The defendant can then file an appeal that legal errors have been made during the court process.
- If the convict is eligible for parole, they may be released early.
- The convict can be expunged of their sentence and of the mark on their criminal record.
Standard 9, Police Interactions With Community
- Community policing is signing police officers to only work in a certain area so they can become familiar with the locals and build more trust.
Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police
The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving
The process of engaging in the proactive and systematic examination of identified problems to develop and evaluate effective responses