Criminal Justice System

Criminal Justice System

Learning Objectives 1 Identify state-specific victims’ rights. 2 Identify criminal justice system remedies that may benefit victims. 3 Identify strategies to support victims while they participate in criminal justice system processes.

Criminal Justice System

All 50 states; Washington, DC; and the federal government have victims’ rights established through constitutional amendments, statutes, and/or rules. It is imperative that victim services personnel understand victims’ rights, inform victims of their rights (at the earliest opportunity and ongoing), and support victims in exercising their rights. Victims’ Rights

Victims’ Rights in [State] [Victim Right] [enter statespecific information] [Victim Right] [enter statespecific information] [Victim Right] [enter statespecific information]

Criminal Justice System The system of enforcing laws that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offences

Criminal Justice System – Infractions Which court? What actions are required by victims? What are possible consequences for offenders?

Infractions and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Criminal Justice System – Misdemeanors Which court? What actions are required by victims? What are possible consequences for offenders?

Class A Misdemeanors and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Class B Misdemeanors and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Class C Misdemeanors and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Criminal Justice System – Felonies Which court? What actions are required by victims? What are possible consequences for offenders?

First-Degree Felonies and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Second-Degree Felonies and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Third-Degree Felonies and Punishments [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range] [Crime] [enter punishment range]

Key Actors Law Enforcemen t Investigates reported crimes Prosecutor Represents jurisdiction (state & federal) Victim The victim is generally a witness in the case. Victims’ Rights Attorney Represents the victim (when retained by the victim) Defendant Person accused of a crime Defense Attorney Public defender or private criminal defense attorney Represents the accused

Investigation Process Investigation of criminal allegations by law enforcement Probable cause established Case Closed *options in bold indicate movement to next step in process

Investigation Process Actions Related to Suspects Arrest *options in bold indicate movement to next step in process Prosecutor Communication

Investigation Process Prosecution Decision Warrant or Case Furthered Case Declined *options in bold indicate movement to next step in process

Bond Types Cash Judicial Public Professional Surety Property Deposited with Clerk of Court Used to pay all/portion of fine Returned upon dismissal/acquittal No deposit required Promise to pay fee for failure to appear Company signs on behalf of defendant Percentage of bond charged as fee for service Property used as surety Property value must equal or exceed bond

Grand Jury Grand Jury A group of people summoned to determine whether the facts and accusations presented by the prosecutor warrant an indictment and eventual trial of the accused Grand Jury Process -Selection of jurors -Public access -Victim testimony -Indictment decision

Court Hearings and Court Structure Pretrial Hearings [hearing type and purpose] [hearing type and purpose] [hearing type and purpose] Court Structure Trial court – where cases begin Appellate court – where appeals are first heard Supreme Court – further appeals, final authority in cases

Possible Outcomes Plea Agreement Trial Negotiated agreement Judge retains authority to accept/reject Bench trial Jury trial Sentencing Probation Incarceration Alternative Resolutions Diversion

Victim Role in Possible Outcomes Plea Agreement Trial Discussion with prosecutor Provide testimony Ongoing communication with prosecutors Sentencing Provide Victim Impact Statement Alternative Resolution Discussion with prosecutor

Victim Services Role Provide information about the criminal justice system Review victims’ rights with victims and system professionals Advocate for responses and processes that align with victims’ rights and expressed needs of victims Act as a liaison between victim and system professionals

Victim Services Role, continued Provide meeting and court accompaniment Review confidentiality/privilege rights and limitations Provide referral information for resources, including victims’ rights attorneys Clarify your role – you are not an attorney and cannot provide legal advice

Documentation and Subpoenas Victim services documentation should reflect full, clear, and accurate record of activity performed. Documentation may lead to subpoenas as a witness. The credibility of victim services is reinforced.

Civil Justice Syste m There may also be remedies victims can pursue through the civil justice system. Victims should be referred to attorneys or legal aid programs to learn more about their options.

Questions [enter contact information for trainers]