Aim: What is Criminal Justice? Do Now: What do you think is involved in the criminal justice system?

1
Aim What is Criminal Justice?Do Now What do
you think is involved in the criminal justice
system?
2
What is Crime?

• Crime is an act in violation of the Penal Laws
  of a State, County, or of the United States.
• Crime is also defined as any act or conduct
  prejudicial to the community as a whole. The
  commission of such crime or act renders the
  person who is responsible liable to punishment
  by a fine, imprisonment, or other penalty.

3
Who determines the definition of a crime?

• Local, County, State, and the Federal
  Governments all pass laws and ordinances which
  constitutes CRIMES.
• If a person fails to act in accordance with the
  law set by the various governments they have in
  fact committed a CRIME.

4
Criminal Law

• Criminal law defines crime
• as the conduct and behavior which our society
  finds unacceptable and punishes those who commit
  a defined crime.
• All societies must have a criminal law system if
  the people are to live in peace. Without laws,
  rules, and standards there would be Anarchy.

5
The Courts

• The courts Interpret the meanings of laws and
  apply them to specific cases, Appellate courts
  check on the trial courts and the US Supreme
  Court checks the Constitutionality of ALL laws
  brought before them. Only a very small
  percentage of cases go before the Supreme Court
  each year.

6
What is Criminal Procedure?

• Criminal Procedure begins with the Police and
  Peace Officers. In our society the police are
  charged with investigating crimes. Police and
  Peace Officers are known as Law Enforcement
  Officers (LEO). Their job is to respond to
  crimes, investigate crimes, collect evidence,
  make arrests, and turn the cases over to
  Prosecutors who will then try the case before the
  courts.

7
Criminal Procedure Law (CPL)

• Criminal Procedure Law works to protect those
  accused of crimes and to make sure they receive a
  fair and just trial.
• The New York State Criminal Procedure Law spells
  out exactly what steps must be taken when the
  Criminal Justice System is in operation.
  Violations of the CPL can lead to dismissal of
  all charges against the accused.

8
Miranda Warnings

• In 1966, the US Supreme Court ruled that police
  must protect a persons 5th Amendment right
  against self incrimination. Commonly you may or
  may not here the following if arrested You have
  the right to remain silent. Anything you say can
  and will be used against you in a court of law.
  You have the right to an attorney present during
  questioning. If you cannot afford an attorney,
  one will be appointed for you. Do you understand
  these rights?

9

• Police DO NOT have to read you Miranda warnings
  if
• You are talkative on your own.
• The evidence is strong against you and the cops
  do not need information from you.
• You are NOT being questioned.
• As per a 2004 Supreme Court ruling you are only
  being stopped and identified by the police. Know
  as a stop and frisk.

10

• The United States Constitution and the
  Constitutions of all 50 states offer numerous
  protections to those arrested for crimes. In
  many instances criminals have more rights then
  victims.
• The US Constitution requires that those accused
  of crimes have due process of law, are
  protected against unreasonable searches and
  seizures, and are free from cruel and unusual
  punishment.