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Law 5
The Criminal Justice System
| Question | Answer |
|---|---|
| The Criminal Justice System is composed of 3 distinct components | police, courts, and corrections. |
| Which branch is responsible for the corrections system? | executive branch. Correction system deals with those who have been found guilty |
| function of private secuirty sector | investigationof crimes against businesses, protection of goods, employees, and trade secrets, recovering lost or stolen property, investigation of fraud and false insurance claims, investigate credit ratings of individuals |
| The Security Licensing Act 1979 | require training of private security employees and to regulate the private security of business. |
| limited court | allow to hear specific classfication of criminal cases |
| justice court can only hear | criminal cases that a Class B misdemeanor or below |
| District Court - general court | can hear all criminal cases. These courts are all trial courts which are courts of original jurisdiction |
| Utah's limited courts are the | Justice and Juvenile Courts |
| An appellate court | is a court which will only hear cases on appeal from a lower court. Will determine if the trial court was fair and impartial. |
| Original jurisdiction refers to the court in which the trial will be | first heard |
| Exclusive jurisdiction | there is only one type of court in which the trial can be initiated |
| Concurrent jurisdiction | two or more types of courts can hear a specific case |
| obligation of a judge | resolve disputes and to base decisions only upon the facts of the case and the law |
| 4 steps in selecting a judge | 1) nomination 2) appointment 3) confirmation 4) retention election |
| Who nominates the Utah judge? | Judicial Nominating Commission - committee of lawyers and non-lawyers. |
| Who appoint the Utah judge? | The Governor. |
| Who confirm the Utah judge? | The Utah State Senate |
| When is the retention election? | At the end of each term of office (Justice Court judges is 4 years, District Court judge is 6 years, Supreme Court 10 years) |
| The Supreme Court has jurisdiction to | answer questions of state law, to issue extraordinary writs |
| Utah Court of Appeals | 7 judges 6 year terms. Hear domestic cases like divorce, child custody, property division, criminal matter less than a 1st degree or capital felony. |
| District Court | like a trial court. 70 judges |
| Extraordinay writ | writ of special assistance |
| Court of record | there is a court reporter or an electronic recording device used to maintain a verbatim record of all court proceedings. |
| All courts in Utah serve as a | Court of Record, except the Justice Court |
| 1st Drug Court in Utah was established in the Third District Court | designed as an alternative for non-violent drug offender and provides drug treatment and monitoring rather than sentencing |
| Justice Court deal with | Class B and Class C misdemeanors, infractions, |
| Bail | money or property posted with the court as a promise that the defendant will show up for trail |
| 8th Amendment protect | against the practices of setting bail at a high level |
| Stack v. Boyle | bail cannot be set a a high level. |
| Is bail returned? | Yes, only if the defendant appears in court as required. |
| Bail is available for all crimes except for | crime where execution is a possibility |
| 2 method to post bail | 1) individual can use his/her own money or that of relatives, friends, etc. 2) use the bail bondsman to help defendant pay the full bail amount. The fee for bondsman is 10%. If the defendant does not appear in court then the bondsman $ is forfeited. |
| What happens to the bondsman $ if the defendant is not in court? If the defendant is? | Forfeits it if not in court. The $ is return to the bondsman, but the defendant does not get his money back because this is the cost of asking for the bondsman's service |
| own recognizance (O.R.) release | uses a screening sheet to assess the defendant's suitability for release. Those who have enough community ties are released O.R. and do not have to post bail |
| Supervised release (S.R.) | defendant is placed under the supervision of a pre-trial service counselor who will monitor the case, ensure the court knows how to contact the defendant and defendant know court times, location, etc. |
| Citation | an official notice to appear in court within 14 days. |
| What is a citation arrest use for? | minor crime, like shoplifting or possession of alcohol by a minor. |
| Summons | require a court appearance at a certain time, date, and place. This is an alternative to booking an individual |
| What does Utah use to select potential jurors? | driver license and voter registration |
| What does sequestered mean? | means the jury is going to be housed in a place away from public contact |
| Reasons to do away with the jury | 1) the jury system cause excessive delays in the judicial process 2) Juries are wasteful in time and cost 3) the quality of justice would be higher if administerd by those trained in law fields. |
| The average delay in reaching trial in a personal injury trial suit was | 13.3 months for the nation. survey conducted by Institute of Judicial Administration |
| Detterence | theory - severe penalties were believed to discourage others from committing the same crimes. |
| Pennsylvania Plan | each prisoner lived and worked silently in his own cell without contact with other prisoners. |
| Auburn Plan | pirsoners worked as a gropu |
| The official goal of Corrections today is | rehabilitation |
| Probation | give the released the chance for reform or rehabilitation. The probationer must live according to the set of rules, report it to the probation officer, and participate in treatment program. |
| Parole | releasing prisoners from custody before their prison term has been completed |
| Pre-Release Program | use to re-integrate prisoners into the community. Ex: work release - they work during the day and return to prison at night and on weekends. |
| Furlough program | prisoner may visit home and family for a weekend or a longer period of time. |
| Conjugal visit | inmates can spend tiem within the prison with their spouse, in a private area. |
| half-way house program | re-initiate an inmate back into society. The inmate work, associate with people, participate in community activity, but return to the half-way house to sleep. |
| indeterminate or unfixed sentence | the inmate is to be releasted when rehabiliation has occurred. The setencing function is shifted from the courts to other gov. officials. |
| diversion | program like probation except that it occurs before trial , judged by the prosecutor and with the approval of the court. |
| Recidivism | is the rate released individual who are back in prison. |
| Why does recidivism occur? | 1) the individual may have committed another criminal act 2) violated rules, causing his raole to be revoked. |
| Forfeiture | gov. seizure of property that has been used in criminal activity. Reduct profitability of illegal activity, and to strip crime organization of $ to continue illegal operations. |
| 2 types of forfeiture | Criminal and Civil |
| Civil Forfeiture | seizing of property like cars, cash, equipments, property. |
| Criminal forfeiture | require defendant to forfeit property rights and interest lated to the violation. Against defendant accused of racketeering or drug trafficking |
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