Organization of the Criminal Justice System: Federalism and Legislative Powers

1. Scheb and Scheb, Criminal Law and Procedure7th edition Chapter 2: Organization of the Criminal Justice System

2. Federalism—The Basic Organizing Principle • Under our federal scheme, the national government operates one criminal justice system to enforce federal criminal laws and each state has a justice system to apply its own criminal laws. • All fifty-one criminal justice systems in the United States have legislative bodies, law enforcement agencies, prosecutors, defense attorneys, courts of law, and corrections agencies.

3. An Overview of the American System of Criminal Law and Procedure

4. Congress and the 50 State Legislatures • The governmental institution with primary responsibility for enacting laws is the legislature. • Because the United States is organized on the principle of federalism, there are fifty-one legislatures in this country—the United States Congress and the fifty state legislatures. • Each of these bodies has the power to enact statutesthat apply within its respective jurisdiction.

5. Congress’s Enumerated Powers • Enumerated powers are those that are mentioned specifically in Article I, Section 8 of the Constitution, such as the power to tax and the power to borrow money on the credit of the United States. • The enumerated power to “regulate commerce among the states” has provided Congress with a vast reservoir of legislative power. Many of the criminal statutes enacted by Congress in recent decades have been justified on this basis.

6. Congress’s Implied Powers • Deemed to be “necessary and proper for carrying into Execution the … Powers vested ... in the Government of the United States…” • Scarcely any area exists over which Congress is absolutely barred from legislating, because most social and economic problems have a conceivable relationship to the broad powers and objectives contained in the Constitution.

7. The U.S. Code • To find federal law as it currently stands, arranged by subject matter, one must consult the latest edition of the Official Code of the Laws of the United States, generally known as the U.S. Code. • The U.S. Code is broken down into fifty subjects, called “titles.” • Title 18, “Crimes and Criminal Procedure,” contains many of the federal crimes established by Congress.

8. United States Code Annotated • The most popular compilation of the federal law, used by lawyers, judges, and criminal justice professionals, is the United States Code Annotated . • The U.S.C.A. contains the entire current U.S. Code, but each section of statutory law in U.S.C.A. is followed by a series of annotations consisting of court decisions interpreting the particular statute along with historical notes, cross-references, and other editorial features.

9. State Legislatures • State legislatures for the most part resemble the U.S. Congress. • Each is composed of representatives chosen by the citizens of their respective states. • All of them are bicameral institutions, with the exception of Nebraska, which has a unicameral legislature. • In adopting statutes, they all follow the same basic procedures. • State legislatures exercise the police power, the power to make laws to protect the public order, safety, health and welfare.

10. Session Laws and State Codes • When state legislatures adopt statutes, they are published in volumes known as session laws. • Statutes are integrated into state codes. • Lawyers make frequent use of annotated versions of state codes. • E.g., Tennessee Code Annotated

11. Statutory Interpretation • Statutes are necessarily written in general language, so legislation often requires judicial interpretation. • Because legislative bodies have enacted vast numbers of laws defining offenses that are mala prohibita,statutory interpretation assumes an importance largely unknown to the English common law.

12. Law Enforcement Agencies • Enforce Criminal Prohibitions • Maintain Public Order and Security • Conduct Investigations of Crimes • Perform Searches and Seizures • Make Arrests of Persons Suspected of Crimes • Interrogate Suspects

13. Federal Law Enforcement Agencies • Federal Bureau of Investigation (FBI) • U.S. Marshals Service • U.S. Postal Inspectors • Environmental Protection Agency (EPA) • Drug Enforcement Administration (DEA) • Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) • Immigration & Customs Enforcement (ICE) (formerly INS) • U.S. Secret Service • National Park Service

14. 18 U.S. Code § 3052Powers of the FBI • The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

15. 18 U.S. Code § 3053Powers of marshals and deputies • United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

16. 18 U.S. Code § 3061Investigative powers of Postal Service personnel • (a) Subject to subsection (b) of this section, Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails may— • (1) serve warrants and subpoenas issued under the authority of the United States; • (2) make arrests without warrant for offenses against the United States committed in their presence; • (3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; • (4) carry firearms; and • (5) make seizures of property as provided by law.

17. 18 U.S. Code § 3063Powers of the Environmental Protection Agency • (a) Upon designation by the Administrator of the Environmental Protection Agency, any law enforcement officer of the Environmental Protection Agency with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency, may— • (1) carry firearms; • (2) execute and serve any warrant or other processes issued under the authority of the United States; and • (3) make arrests without warrant for— (A) any offense against the United States committed in such officer’s presence; or (B) any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense. • (b) The powers granted under subsection (a) of this section shall be exercised in accordance with guidelines approved by the Attorney General.

18. Drug Enforcement Administration • The Drug Enforcement Administration was created by President Richard Nixon through an Executive Order in July 1973 in order to establish a single unified command to combat "an all-out global war on the drug menace." • Today, the DEA has 5,235 Special Agents, a budget of more than $2.3 billion and 87 foreign offices in 63 countries. • Source: http://www.usdoj.gov/dea/history.htm

19. 28 U.S. Code § 599A. Bureau of Alcohol, Tobacco, Firearms and Explosives  • (b)Responsibilities.— Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating— • (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; • (2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act); and • (3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.

20. State & Local Law Enforcement Agencies • State Level • Highway Patrol • State Counterparts to FBI • Local Level • County Sheriffs • City Police Depts

21. Traditional American Policing • Officers had low levels of education and relatively little training • Highly politicized police departments • Community-based patrols • Emphasis on foot patrol • Low level of departmental control of officers • Emphasized order maintenance • High levels of discretion • Low level of legal constraints • Corruption and abuse of power • Police brutality

22. The Warren Court, Due Process and Police Professionalism • Mapp v. Ohio (1961) • 4th Amend. exclusionary rule applied to the states • Miranda v. Arizona (1966) • Aimed at preventing abuse of police interrogation

23. Prosecutorial Agencies • Enforce Criminal Prohibitions • Conduct Investigations • Gather Evidence • Initiate Criminal Prosecutions • Represent the Government in Court • Negotiate Guilty Pleas

24. 28 U.S. Code § 547 Duties of United States Attorneys • Except as otherwise provided by law, each United States attorney, within his district, shall— • (1) prosecute for all offenses against the United States; • (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned; • (3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury; • (4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and • (5) make such reports as the Attorney General may direct.

25. TEXAS CODE OF CRIMINAL PROCEDUREArt. 2.01. Duties of District Attorneys  • Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.

26. Defense Counsel • The Sixth Amendment provides that individuals accused of any crime, no matter how minor the offense, have the right to employ counsel for their defense. • Defendants are free to employ an attorney of their choice at their own expense. • Public defenders (and appointed counsel) represent indigent persons accused of crimes.

27. Juries • There are two types of juries: • grand jury • petit (trial) jury • The Sixth Amendment guarantees “the right to a speedy and public trial by an impartial jury.” • All state constitutions confer the right of trial by jury in criminal cases. • A common-law trial jury consisted of 12 men. • Today, 12 persons are required on federal juries; however, the number varies in states, although all require 12-person juries in capital cases.

28. Grand Juries • Grand juries consider whether there is sufficient evidence to bring charges against a person. • The Fifth Amendment states that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” • The constitutional requirement binds all federal courts; however, the Supreme Court has held that states are not bound to abide by the grand jury requirement.

29. Grand Juries (cont.) • 16 to 23 persons serve on a federal grand jury. • The number varies according to each state but usually consists of between 12 and 23 citizens. • Grand jurors serve for a limited time to hear evidence and to determine whether to hand down an indictment, or to refuse to indict when the jury determines there is insufficient evidence of a crime. • Twelve must vote to return an indictment in federal court, and states usually require at least a majority of grand jurors to return an indictment.

30. The Federal Court System

31. 18 U.S. Code § 3231 District courts • The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. • Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.

32. Federal Rules of Criminal ProcedureRule 18: Place of Prosecution and Trial • Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.

33. 18 U.S. Code § 3238 Offenses not committed in any district • The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.

34. 28 U.S. Code § 1291Final decisions of district courts • The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292 (c) and (d) and 1295 of this title.

35. 28 U.S. Code § 1254Courts of appeals; certiorari; certified questions • Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: • (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; • (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

36. 28 U.S. Code § 1257State courts; certiorari • (a) Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.

37. A Model State Court System

38. Tennessee Court System

39. Military Justice System • Courts martial try offenses by military personnel under the Uniform Code of Military Justice. • Military judges preside over courts-martial. • Defendants are furnished military lawyers unless they choose to employ civilian attorneys. • Military court procedures basically follow federal court procedures. • The military has an appellate system consisting of courts of review and the U.S. Court of Appeals for the Armed Forces.

40. The Juvenile Justice System • The juvenile justice system includes specialized courts, law enforcement agencies, social services agencies, and corrections facilities designed to address problems of • juvenile delinquency • child neglect and abuse • status offenses

41. The Corrections System • Federal and state corrections facilities include prisons and jails as well as probation, parole, and supervised community service. • Prisons are overflowing, and in many instances federal courts have ordered prison officials to reduce overcrowding to comply with the Constitution’s prohibition against cruel and unusual punishments.

42. 18 U.S. Code § 4042Duties of Bureau of Prisons • (a)In General.— The Bureau of Prisons, under the direction of the Attorney General, shall— • (1) have charge of the management and regulation of all Federal penal and correctional institutions; • (2) provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise; • (3) provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States; • (4) provide technical assistance to State and local governments in the improvement of their correctional systems; and • (5) provide notice of release of prisoners in accordance with subsections (b) and (c).