CHAPTER 12 ppts.pptx - AFTER ARREST TAKING THE CASE TO...

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AFTER ARREST – TAKING THE CASE TO COURT CHAPTER 12
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Learning Objectives Discuss the concept and goals of our courts Describe, in general terms, the court systems in the United States Identify the roles within the court environment (e.g., judges, attorneys, etc.) Explain the actions of courts Examine the role of law enforcement in court proceedings
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Introduction* A court is a place of resolving criminal and civil disputes. In a criminal trial, the government is prosecuting an individual for an offense that threatens the security of individual citizens or society as a whole. Civil trials (non-criminal) are disputes between two parties.
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Introduction A variety of courts exist (local, state and federal), and they each serve specific purposes. If one is not successful in a court proceeding, then an appeal may be possible.
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Introduction Making an arrest is only part of the administration of justice system. The remainder of the process takes place in the court and correctional systems. Although law enforcement focuses on apprehension of offenders, the ultimate goal is conviction and correction (rehabilitation) of guilty offenders .
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Introduction Therefore, it is important that law enforcement officers understand the remainder of the criminal justice process and their role in it. To that end, this chapter explores the general court system.
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Jurisdiction Jurisdiction literally refers to “the power to speak the law.” It is the authority of a court to hear and decide cases within an area of the law or a geographic territory . The jurisdiction of every court is limited in some way.
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Dual Court System* The separate but interrelated court system of the US is made up of federal and state courts. Each has limited jurisdiction. In concurrent jurisdiction cases, the federal and state prosecutors decide among themselves who will handle the case – a decision based on a number of factors, e.g., publicity, caseloads, penalties, etc.
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State Courts* Typically, a state court system has several levels (or tiers) of courts:* Lower courts (limited jurisdiction) Trial courts (general jurisdiction) Appellate courts State’s highest court
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State Courts For purposes of criminal cases, jurisdiction in state courts is frequently assigned according to whether the case is a felony, misdemeanor, civil violation, or juvenile matter. However, in some states, the initial proceedings for all criminal matters take place in one court, but that court retains jurisdiction of misdemeanor cases only, while felonies are transferred to another court.
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Federal Courts The federal court system is basically a three-tiered model consisting of: US District Court (original trial jurisdiction) US Court of Appeals US Supreme Court
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Elements of Crime* Each crime is set forth in a statute or law passed by Congress or a state legislature.
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