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Criminal Justice System

Criminal Justice System. Goal. To provide the student with an introduction to the Nevada criminal justice system and the functions of each necessary part. Performance Objectives. A. Discuss the functions and responsibilities of the following components of the criminal justice system:

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Criminal Justice System

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  1. Criminal Justice System

  2. Goal • To provide the student with an introduction to the Nevada criminal justice system and the functions of each necessary part.

  3. Performance Objectives A. Discuss the functions and responsibilities of the following components of the criminal justice system: 1. Legislative 2. Law enforcement 3. Judicial 4. Corrections B. Describe the following: 1. State court system 2. Federal court system 3. Tribal court system

  4. What Is The “Criminal Justice System” • An elaborate apparatus that exists to enforce our criminal laws. • It is the official process whereby accused persons are: arrested, prosecuted, convicted, sentenced, punished.

  5. Rule of Law The Rule of Law is a political and _______ principle stating that government must ____ in ___________with established law and that governmental officers must not exceed their authority. legal act accordance

  6. Basics of the Process • Legislative – write the law • Law Enforcement – arrest people who are suspected to have broken the law • Judicial – “try” people who have been accused of breaking the law and decide guilt or innocence • Corrections – incarcerate people found guilty; also probation/parole.

  7. Legislative • The legislative component develops legislative proposals, legal memoranda, writes laws and prepares congressional testimony. Prepares comments on pending legislation and other legislative matters affecting the criminal justice system.

  8. Law Enforcement • The law enforcement function is perhaps the most visible. Police officers are typically the first contact a criminal has with the system. Police patrol communities to help prevent crimes, investigate incidences of crime, and arrest people suspected of committing crimes. Once a person is arrested, they enter the courts system.

  9. Goals and Objectives of Law Enforcement: • Protect and Serve • Repress Criminal and Delinquent Behavior • Maintain Order and Public Peace • Traffic flow and Collision Reduction • Enforcement • Education

  10. Responsibilities of Law Enforcement: • Familiarity with the Community and the Law • Know the elements of the crime • Gather information and evidence. • Apprehend Offenders • Testify in Court • Regulate Non-Criminal Conduct

  11. Judicial System • The judicial systems main function is the adjudication (trying crimes) of cases to fairly determine guilt or innocence and the proper sentencing of those found guilty.

  12. Corrections System • Its primary function is the administration of those sanctions (sentences) handed down by the court against a criminal defendant. These Sanctions range from a fine, to probation, to a suspended sentence, to time in a jail or state prison.

  13. Prison • Defined - “any place designated by law to keep persons held in custody under process of law or under lawful arrest.” • NDOC is ___________ to ___________ institutions to incarcerate and rehabilitate convicted felons. responsible maintain

  14. Adversarial System • Also known as Prosecutor/Defense System • A defense attorney must zealously represent their client, irrespective of innocence or guilt. • A prosecutor must enforce the law by charging those who are suspected of having committed crimes to appear in court

  15. Types of Prosecutors in Nevada • Attorney General • District Attorney • City Attorneys • Special Prosecutors

  16. Defendant Defined • NRS 169.065  “Defendant” defined.   “Defendant” means the party prosecuted in a criminal action.

  17. Types of Defense Attorneys • Privately Retained-$$$ • Public Defender-free to the Defendant; paid for by the taxpayers. • The Sixth Amendment to the U.S. Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” • In all criminal actions where the defendant faces authorized imprisonment greater than one year

  18. Defense Attorney’s Duties/Responsibilities • _______________ of the accused • Force the prosecution, i.e. the government, to prove the accused’s guilt. ***Presumption of Innocence** • Raise every possible legal defense • Force the prosecution to follow the rules for admitting evidence, calling witnesses, asking questions, etc. • Keep the client informed about available options • Enter into a plea bargain • Testify on own behalf Protect the rights

  19. Nevada Court System • Nevada Constitution establishes __ levels of courts in Nevada: • _________________ • _________________ 3. _______________ • Legislators may establish Municipal Courts within incorporated cities and townships 3 Supreme Court District Courts Justice Courts

  20. The court system is separated between civil vs criminal law. Civil Criminal Who files: Government files Punishment Incarceration Fine Burden of proof State must prove guilt Beyond a reasonable doubt • Who files: Private party files • Punishment Reimbursement for loss Punitive damages • Burden of proof Plaintiff must prove Preponderance of evidence

  21. Trials • Trial by Jury: The Justice Court Rule of Procedure (”JCRCP”) preserves the right of trial by jury. • Bench trials: Issues not demanded for trial by jury shall be tried by the court. The parties may stipulate to trial by the court or the court may order a bench trial if it finds that a right of trial by jury of some or all of the issues does not exist under the Nevada constitution.

  22. Nevada Court System District Courts: • Have general jurisdiction over all legal disputes • Courts where criminal, civil, family, and ________ matters are generally resolved through arbitration, mediation, and bench or jury trials • Judges also hear appeals from Justice and Municipal Court cases • 17 county courts in Nevada are divided into 11 Judicial Districts juvenile

  23. Nevada Court System Justice Court: • Handle misdemeanor crime and traffic matters, small claims disputes, evictions, and other civil matters less than _________ • Preside over felony and gross misdemeanor arraignments • Conduct preliminary hearings to determine if sufficient evidence exists to hold criminals for trial at District Court • Preside over temporary protective orders $10,000

  24. Nevada Court System Municipal Court: • Manage cases involving traffic violations and misdemeanors within the _____ limits of ________________ ______________ • Nevada has 30 municipal courts city incorporated municipalities

  25. Nevada Court System Nevada Supreme Court: • Review ________ by ________ courts when one of the parties appeals. • Does not pursue fact-finding by conducting trials • Determines whether legal errors were committed • Can affirm, modify, or reverse decisions • Nevada’s highest court decisions lower

  26. The Supreme Court of Nevada

  27. Court of Appeals • The three-judges of the Court of Appeals hear roughly one-third of all cases submitted to the Supreme Court in a deflective model. Supreme Court review of Court of Appeals decisions is discretionary.

  28. Federal Courts • Federal courts have jurisdiction over civil actions and criminal cases dealing with federal law.Jurisdiction can overlap and certain cases which that may be heard in federal court can instead be heard in state court. • The Constitution grants Congress power to create and abolish federal courts.

  29. Federal Court System

  30. Tribal Court System • Tribal courts and justice systems established by the American Indian and Alaska Native tribes are critical components of the tribal government. • They are empowered to resolve conflict and controversy.

  31. Statutes of Limitations • Misdemeanor: ___________ • Gross misdemeanor: _____________ • Felonies: ______________________ Exceptions: ______________________ One (1) year Two (2) years Three-Four (3-4) years Rape & Murder- no limit

  32. Crimes and Criminals • Principal: Person involved _____________the crime • NRS 195.020 • Accessory: Assist____________________ • NRS 195.030 before or during after

  33. Classification of Crimes • Crime:an act or omission _________by law punishable upon conviction by death, imprisonment, fine, or other discipline. • Every crime punishable by death or _____________ is aClass A, B, C, D, or E felony forbidden imprisonment

  34. Probation • Alternative to incarceration • Must submit to search • Must enter/complete counseling • Must __________ community service • Must pay fine/restitution • Must _________ from use, possession, control drugs/alcohol. complete abstain

  35. Probation • If term completed – no further action taken • If violated during term, must serve original sentence. • Terms • Gross Misdemeanors • Up to 3 years • Felony • Up to 5 years

  36. Probation • Crimes not eligible for Probation • Solicitation of a minor to engage in act constituting crime against nature-NRS 201.195 (repealed) • Open or Gross Lewdness-NRS 201.210 • Indecent or Obscene exposure-NRS 201.220 • Lewdness with a child under the age 14 years-NRS 201.230 • Burglary NRS 205.060, sub section 2 • …….A person who is convicted of a burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of sentence.

  37. Parole • Alternative to continued incarceration • Remains under jurisdiction of Parole Board • Parole Board __________by ___________ • Must apply for Parole • Inmates can request a Compassionate Release if they are close to dying from an illness appointed governor

  38. Parole • Eligibility for Parole: In accordance with the inmates Judgment of Conviction. Based on Sentence Date Credit for time served (Jail Credits) Sentence imposed by the Court.

  39. Criminal Justice System in Action • Police conduct an investigation and either • Arrest on probable cause; or • If arrest not imminent, • DA or AG files a complaint in Justice Court along with an affidavit in support, to ask the Court to issue an arrest warrant; or • DA or AG presents an indictment to a Grand Jury, which will “bind the case over” if it finds probable cause.

  40. Criminal Justice System in Action • NRS 171.178 First court appearance must occur within ____hours • Defendant advised of: • Charges against them • Right to remain silent • Right to counsel • Right of due process • Reasonable bail • Fair and speedy trial (except for capital offenses) 72

  41. Criminal Justice System in Action • If crime is Misdemeanor the defendant can: • Petition for attorney • Plead innocent • Plead guilty • If the crime is a Gross Misdemeanor or Felony the defendant can: • Petition for attorney • Request preliminary hearing • Preliminary hearing used to determine slight or marginal evidence. • If evidence found, defendant bound over for trial • Plead innocent • Plead guilty

  42. Criminal Justice System in Action • Grand Juries • 12 Qualified jurors • Written Accusation “Bill of ____________” • District Attorney must present exculpatory and inculpatory evidence • Defendant can testify Indictment

  43. Criminal Justice System in Action • District Court Trials (NRS 175.011) • ____jurors • Jury may be ________except for capital cases • Jury verdict must be ____________ 12 waived unanimous

  44. Criminal Justice System in Action • Justice Court Trials • 6 member jury • Jury must be requested 30 days in advance • Municipal Court Trials • ____Jury No

  45. Who exercises discretion? Name the Position: • Enforce specific laws • Investigate specific crimes • Search people, vicinities, buildings • Arrest or detain people Police

  46. Who exercises discretion? Name the Position: • File charges or petitions for adjudication • Seek indictments • Drop cases • Reduce charges Prosecutor

  47. Who exercises discretion? Name the Position: • Set bail or conditions for release • Accept pleas • Determine delinquency • Dismiss charges • Impose sentence • Revoke probation Judge/Magistrate

  48. Who exercises discretion? Name the Position: • Assign to type of correctional facility • Award privileges • Punish for disciplinary infractions while in custody Correctional Officer

  49. Who exercises discretion? Name the Position: • Determine date and conditions of parole • Revoke parole Parole & Probation

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