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Week 5 Notes

by: Nicole Wolfe

Week 5 Notes CJ 342

Nicole Wolfe

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About this Document

These notes cover the 1st part of Chapter 2: Organization of the Criminal Justice System
Criminal Procedure
Kristi Venhuizen
Class Notes
Criminal Justice
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This 6 page Class Notes was uploaded by Nicole Wolfe on Thursday February 25, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 193 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.

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Date Created: 02/25/16
Chapter 2: Organization of the Criminal Justice System  Federalism – constitutional division between the national and state governments  51 Criminal Justice systems in the US have legislative bodies, law enforcement agencies, prosecutors, defense attorneys, courts of law, and corrections agencies  All systems subject to the US Constitution Legislatures  Primary responsibility for enacting laws o 50 state legislatures and US Congress o When conflict between federal and state statutes the federal statute prevails  Federal is the supreme decision and will always win  US Congress o Enumerated powers: those specifically listed in Article 1, Section 8  Tax and borrow money  Punish for counterfeiting and piracies on the High Seas  Commerce clause o Implied powers: “Necessary and Proper”  Under this doctrine there is little over which Congress is absolutely bared from legislature o Congress has used these provisions to establish a host of federal crimes o Congress may not pass any laws that violate constitutional limitations  Publications of Federal Statutes: o US Statutes at Large o US Code or Official Code of the Laws of the US  Title 18 (the book that gives the federal criminal offenses) o US Codes Annotated (USCA)  State Legislatures: o Required by US Constitution o Bicameral Institutions o Nebraska (is the only state to have) unicameral institutions  Publications of State Statutes: o Session laws o State Codes  Annotated state codes (have cases that contributed to or had something to do with each statute) o N.D.C.C. (North Dakota Century Codes)(All states call their statutes something different)  Title 12.1 (book that has ND statutes in it)  American Revolution: o States adopt Common Law o Legislatures eventually codify common law by enacting statutes o US Congress never adopted Common Law  Rules of Statuary Interpretation: o Plain meaning rule – “Where the language is plain and admits of no more than one meaning the duty of interpretation doesn’t arise…” o Cannons of Construction to determine legislative intent  Criminal Statutes must be strictly construed in order to give fair notice  Void for vagueness  Implied exception  Commonsense approach to determine meaning  Common law definitions  Legislative history Law enforcement agencies  Charged with enforcing the criminal law o Arrest criminals o Prevent crimes  Historical development: o Shire reeves o Bobbies o Sheriffs o Mid-1800s professional police departments  National level o FBI  Located in the Department of Justice (DOJ)  Enforce criminal laws adopted by Congress  Most powerful of federal law enforcement agencies o US Marshalls  Oldest unit of federal law enforcement  Execute orders of federal courts  Transfer prisoners o Nearly 50 other federal agencies  ATF, IRS, BIA, DEA, TVA, NPS, Forest Services, US Capitol Police, US Mint, Secret Service, DHS  State and local level: o State agencies  Support local law enforcement  Enforce specific areas of the law  State Highway Patrol, Game and Fish o Sheriffs  Usually elected  Chief law enforcement agent in their counties o Police Departments  Assist prosecutors  SWAT  Peace Keeping responsibilities o University police, airport police, seaport police o Community policing  Community relations  Education  Earn trust and confidence Prosecutorial agencies  Prosecutors decide whether to bring charges o Enormous discretion o Determine severity of punishment  Historical background: o Originally considered private matters o 13 Century the King’s Counsel would pursue crimes considered offenses against the Crown  Modern England o Public prosecutor – prosecutes crime with importance to the government o Barristers – hired by police agencies  May represent the police in one case and the defendant in the next o The public prosecutor system became the model for the Attorney General in the US  Colonial America the Assistant Attorney Generals handled local prosecutions until the states became independent  Federal prosecutors: o Attorney General  Head of the DOJ  Appointed by the President o US Attorneys  Appointed by the President  Hire Assistant US Attorney o Independent Counsel  Appointed by Congress to investigate alleged misconduct by high government officials  Ex: Watergate, Kenneth Star – Whitewater  State and local prosecutors: o Attorney General  Elected in ND  Hires Assistant Attorney Generals o State’s Attorney  Elected in ND  Hire Assistant State’s Attorneys o County/Municipal Attorneys  Prosecute for violation of local ordinances  Represent in civil lawsuits  Discretion: o Determine level of offense to charge o Nolle Prosequi (decide they are not going to prosecute) Defense Attorneys  Sixth Amendment guarantees the right to representation in all criminal matters whether you hire your own attorney or qualify for a court appointed attorney  Indigent Defense o Gideon v Wainwright, 372 U.S. 335 (1963) – required states to provide defense attorneys for those who can’t afford it o Court appointment of public defenders o Office of Public Defender  More specialized  Provided budgets  Role of Defense Attorneys o Zealously represent the client o Ensure the client’s constitutional rights protected o Advise client of options Juries  Grand Jury System created to limit the power of prosecutors o Determine whether sufficient evidence to bring charges against a person  Federal Grand Juries: o Fifth Amendment o 16-23 people on federal grand jury  State Grand Juries o States are not bound to the grand jury system  Hurtado v California, 110 US 516 (1884) o 12-23 people on state grand jury  When used? o Case is of great public/political significance o Investigative power is useful o Works more quickly that preliminary hearing o More privacy for witnesses  True Bill – decision to hand down an indictment o 12 votes required in federal court o States require a majority vote  No Bill – decision to refuse to indict  History: o England abolished in 1930s  Return of indictments became automatic o States replaced with “prosecutor’s information”  N.D.C.C. 29-10.1-01 – grand jury  N.D.C.C. 29-10.1-02 – grand jury  N.D.C.C. 29-10.1-34 – grand jury  N.D.C.C. 29-10.2-02 – state grand jury  Trial juries o Sixth Amendment – “speedy and public” o Seventh Amendment – trial by jury in civil suits o Federal right to jury trial extends to states  Duncan v Louisiana, 391 U.S. 145 (1960) o All state constitutions provide for trial by jury in criminal cases o 12 person juries at common law, federal juries, state capital cases o Supreme court has approved 6 person juries in noncapital felony prosecutions The Courts  Responsible for determining the factual basis, legal sufficiency of the charges, and that defendants are provided due process  Trial courts o Conduct criminal trials o Ascertain facts o Determine guilty or non-guilty o Impose punishment  Appellate Courts: o Hear appeals from the trial courts o Concerned with matters of law o Correct legal errors  Jurisdiction: o Subject matter o Personal Federal Court System  Article III, Section 1 of the US Constitution provides that “[t]he judicial power of the US shall be vested in one Supreme Court, and in such inferior Court as the Congress may from time to time ordain and establish.”  Judiciary Act of 1789 o Created the federal court system  Judiciary Act of 1801 o Supreme court justices were required to “ride circuit” o 1891 separate appellate courts created  US District Court o 94 federal judicial districts o Principal trial court in the federal system o Judges appointed for life by the President o Handle prosecutions for violators of federal statutes  US Court of Appeals o 12 plus 1 federal circuit  8 circuit o Hear appeals from the US District Courts o Panel of 3 o En banc hearings o Judges appointed for life by the President th o 8 Circuit: North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, and Arkansas  Main chambers – St. Louis, MO o US Supreme Court  9 justices appointed for life by the President  Writ of Certiorari  Decisions of the lower federal courts and many decision of the highest state courts o 9 Supreme Court Justices (currently only 8):  Chief John Roberts  Antonin Scalia (deceased)  Anthony Kennedy  Sonia Sotomayor  Clarence Thomas  Ruth Bader Ginsburg  Stephan Breyer  Samuel Alito  Elena Kagan  Publications: o United States Reports (US) o Supreme Court Reported (S. Ct.) o Lawyers Edition 2d (L. Ed. 2d)  Military Tribunals o Courts martial o Uniform Code of Military Justice (UCMJ)  Military Jurisdiction depends solely on whether an accused is a military member  Solorio v U.S., 483 US 435 (1987) o Court of Appeals for the Armed Forces o Military Commissions Act of 2006


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