Partners In Justice

1. Partners In Justice A Guide to the Criminal Justice System This project is supported by The Arc of North Carolina and the NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

2. The Alleged Crime Occurs • Someone, usually an alleged victim or a witness, reports an alleged criminal act to law enforcement. • Occasionally an agency, such as the Department of Social Services, makes a report to law enforcement after it investigates an allegation. • Sometimes in cases of violence, medical personnel report to law enforcement.

3. The Investigation • The alleged victim is interviewed (except in homicide cases). • Witnesses are located and interviewed. • Physical evidence is collected (if any).

4. The Arrest • The suspect is taken into custody (by force if necessary) after an arrest warrant or similar legal paper is issued. • The arrestee is taken before a magistrate (a low-level judicial official) who officially charges the (now) defendant. • The magistrate sets bail for the defendant and sets the date for first appearance (must be within 96 hours, although the first appearance usually occurs within 48 hours).

5. The First Appearance • At the defendant’s “first appearance” (meaning the first time in front of a judge as opposed to a magistrate or clerk), a district court judge: • Sets a new court date; • Advises the defendant of his right to remain silent, his right to counsel, and tells the defendant what the maximum sentence is for his/her charge;

6. The First Appearance • May appoint an attorney to represent the defendant (if the defendant is found to be indigent); and, • May modify the conditions of release set by the magistrate, e.g. bail or release into someone’s custody.

7. The Misdemeanor Trial • If the defendant is charged with a misdemeanor (less serious matters generally not resulting in active sentences), the case is heard in front of a District Court judge without a jury.

8. The Misdemeanor Trial • The defendant either pleads guilty or not guilty. • If the defendant is found guilty in District Court, he/she can ask for a jury trial in Superior Court.

9. Felony Cases • In felony cases (ranging from forgery to murder) the District Court judge will occasionally conduct a probable cause hearing - a mini-trial with a low burden of proof. • If the judge finds probable cause, the case goes to Superior Court for indictment which is the formal procedure used to charge someone with a felony.

10. The Grand Jury • Grand jury proceedings are held at regular intervals. • The grand jury decides whether to charge someone with a felony after hearing from law enforcement as to probable cause. • Grand jurors do not serve as trial jurors.

11. Arraignment • Arraignments are merely formal proceedings in which the defendant is advised of the charges against him and is asked how he pleads (guilty or not guilty). • This rarely occurs except in capital -potential death penalty - cases.

12. Discovery • The District Attorney and the defense attorney develop information about the case and are required to share much of what has been learned with each other. • There is an important exception. Anything the defendant tells his attorney is completely confidential.

13. Pre-trial Motions • Motions are made by either side about legal, not factual, questions that could arise during the trial. • An example would be a motion to suppress the defendant’s alleged confession based on his mental state at the time.

14. Plea Bargains • A plea bargain is an agreement between the District Attorney and the defendant in which the defendant agrees to plead guilty for certain considerations, such as a lesser charge or a lesser sentence. • Plea bargains are subject to approval by the judge.

15. The Superior Court Trial • A Superior Court judge presides over a jury of 12 (plus an alternate) who hears the evidence and decides whether the defendant is guilty or not guilty. • The jury’s verdict must be unanimous in North Carolina. • The defendant cannot be forced to testify if he does not want to.

16. The Verdict • If the verdict is not guilty, the case is over and can never be retried. • If the verdict is guilty, the judge holds a sentencing hearing to determine punishment (prison sentence, probation, or combination of both, etc.). • In capital cases, the jury decides the punishment - life in prison without parole or the death penalty.

17. The Appeals Process • If the defendant is found guilty, he may appeal the sentence in Appeals Court. • Appeals must be related to matters of law, not matters of fact. The appellate court does not retry the facts found by the jury.

18. Sentencing Structured Sentencing Act • Passed in 1994 • Limits judicial discretion in type and length of sentences

19. Division of Community Corrections • 118,000 probationers and parolees supervised at any time • 43 district offices cover all 100 counties • Probation population: • 77% male • 23% female • 47% African American • 45% Caucasian • 9% other

20. Division of Community Corrections Approximate Cost: • Regular probation - $2/day • Intensive probation - $11/day • Electronic House Arrest - $6/day

21. Criminal Justice Partnership Programs (CJPP) • Average cost - $12/day • Programs include: Day Reporting Centers, Resource Centers, and Substance Abuse Treatment Centers • 60,000 offenders provide 1.8 Million hrs. community service each year

22. DOP – Intake Process • Testing and diagnostic needs assessment • Level of care determination • Unit assignment based on level of care, native language, medical needs and handicaps.

23. Levels of Care • Inpatient – Acute Care Hospitalization • Residential Care • Outpatient Mental Health Services • Other Specialized Services

24. DOC Policy • Inmates receiving mental health or developmental disabilities services or identified as medically needy must have a comprehensive aftercare plan in place 30 days before the anticipated release date.

25. The Pender Program • Inmates identified with developmental disability will serve up to one year at the Pender Unit in a special vocational program for inmates with DD. • They will be taught several trades and will have life skills training. • The Program won a National award for the most innovative program among all prison programs, not just programs for people with DD.

26. Reentry and Transition • DOC Transition/Reentry Committee determines policies/practices • Corrections Enterprises administers Apprenticeship programs in prisons

27. Transition Programs • Job Start II grant in prisons • Going Home Initiative in communities • Transition Aftercare Network (TAN)

28. Acknowledgements This presentation was developed especially for North Carolina by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, excellent training materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. Special thanks goes to the members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Of the People, By the People, and For the People; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for people with disabilities and charter member of the Partners in Justice Advisory Committee.

29. Partners In Justice Partners in Justice A Project of The Arc of North Carolina 4200 Six Forks Road, Suite 100 Raleigh, NC 27609 919-782-4632 Project Staff: Marian Hartman Ann Elmore This project is supported by The Arc of North Carolina and the NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.