Police and the Courts: Investigation, Arrest,

and Adjudication

Chapter 17

Objectives Be familiar with the role of police in society Recognize that there are law enforcement agencies on the

federal, state and local level Comment on efforts to improve patrol and investigation

effectiveness Discuss the changing role of police Comment on how the courts have set limits on the extent of

police interrogations and search and seizure of evidence Be familiar with the state and federal court structure Discuss the duties of a judge, defense counsel, and prosecutor Discuss the various pretrial procedures Discuss the plea bargaining process Be familiar with the process of the jury trial Review legal rights during trial

The Police and Society

The police and other law enforcement are the gatekeepers of the criminal justice process

They initiate contact with law violators and decide whether to formally arrest them, settle the issue in an informal manner, or take no action at all

Law Enforcement Agencies Today

Federal Law Enforcement County Law Enforcement State Police Metropolitan Police

Federal Law Enforcement

Federal Bureau of Investigations 1930’s agency was reorganized An investigative agency Limits jurisdiction to federal laws, including federal statutes

Other federal law enforcement agencies: Drug Enforcement Administration (DEA) U.S Marshals Bureau of Alcohol, Tobacco, Firearms (ATF) Internal Revenue Service (IRS)

Top Priorities of the FBI

1. Protect the United States from terrorist attack.2. Protect the United States against foreign intelligence

operations and espionage.3. Protect the United States against cyber-based attacks and

high-technology crimes.4. Combat public corruption at all levels.5. Protect civil rights.6. Combat transnational and national criminal organizations and

enterprises.7. Combat major white-collar crime.8. Combat significant violent crime.9. Support federal, state, county, municipal, and international

partners.10. Upgrade technology to successfully perform the FBI’S mission.

The Core Functions of Police

Law Enforcement Functions

Order of Maintenance Functions

Service Functions

The police role is multilevel. Police officers fight crime, keep the peace, and provide community services.

Preventing and Deterring Crime

Proactive Patrol Targeting Crimes Making Arrests Adding Patrol Officers Using Technology

Changing the Police Role

Survey’s most important findings: 44 million people had a face to face contact with a police

officer Contact more common among males, whites, and younger

residents Overall, 9 out of 10 persons who had contact with police,

felt the police acted properly An estimated 1.6 % of people stopped by police had force

used or threatened force against them Blacks and Hispanics experienced police use of force at

higher rates than whites

Community-Oriented Policing

Police maintain a presence in the community, walk the beat and get to know the citizens

They inspire feelings of public safety Police officers are stationed where they can

promote public confidence and elicit citizen cooperation

The Adjudication Process

The police arrest a criminal suspect, the focus of the criminal justice system then turns to the court system

The adjudication process is complex Parties are guaranteed that they will have a

hearing conducted under rules of procedure in an atmosphere of fair play and objectivity

Ideally, the judicatory process operates with absolute fairness and equality

Court Structure Municipal, County, State Courts, and Federal Courts

Lower courts try misdemeanors and conduct the preliminary processing of felony offenses

Superior trial courts try felony casesAppellate courts review the criminal procedures of trial

courts to determine fairnessSuperior appellate courts or state courts review lower

appellate court decisions

Federal Courts

U.S. District Courts Trial courts of the system, jurisdictions over cases

involving violations of federal law

Federal Courts of Appeal Appeals from the district court are heard in one of the

intermediate federal courts

U.S. Supreme Court Highest federal appeals court, the court of last resort

for all cases tried in the various federal and state courts

Actors in the Judicatory Process

There are three main actors in the judicatory process:

The ProsecutorThe Defense attorneyThe Judge

The Prosecutor

Brings charges against the offender and then represents the state in all criminal matters that come before the courts.

Prosecutorial discretion: maintains broad discretion, major decision involves the choice of acting on the information brought by police or deciding to drop the case without further action.

The Defense Attorney

Represents the accused in the criminal process

Principal forms of indigent defense:Public defenderAssigned counselContract

The Judge

Duties are quite varied and are far more extensive than the average citizen might expect

Judge rules on the appropriateness of conduct, settles questions of evidence and procedure, and guides the questions of witnesses

Judge decides on the sentence, if a defendant is found guilty

Pretrial Procedures

Bail Plea Bargaining

Bail

Is a money bond the defendant puts up to secure freedom before trial.

It is controversial because those who cannot make bail must spend their time in detention

Critics charge that bail discriminates against the poor

Consequently, reform programs have been employed, such as release on recognizance

Plea Bargaining

Involves the prosecutor allowing defendants to plead guilty as charged in return for some consideration—for example, a reduced sentence or dropped charges

Plea bargaining has been criticized because it represents the unchecked use of discretion by prosecutors

Some concerns regarding coercion into plea bargaining by prosecutor for fear of harsher punishment if defendant goes to trial

The Criminal Trial

Jury selection Opening statements The prosecution’s case Cross examination Defense’s case Rebuttal

Closing arguments Instructions to the jury Verdict Sentence Appeal

Important Constitutional Rights

Right to a speedy trial – Sixth Amendment Right to a Jury Trial – Fourteenth

Amendment Right to be Free from Double Jeopardy –

Fifth Amendment and Fourteenth Amendment

Right to Legal Counsel – Sixth Amendment