criminal justice system cont

1. CRIMINAL JUSTICE SYSTEM CONT.

2. OBJECTIVES FOR WEEK 4
• Basic overview of crimes and punishments
• Rights of the Defendant
• Rights of the Victim
• Sentencing
• Collateral consequences of criminal convictions

3. CRIME CLASSIFICATIONS
MISDEMEANORS
Lesser offenses like petty theft,
prostitution, public intoxication,
simple assault, disorderly conduct,
trespass, vandalism, and reckless
driving
Usually punished by less than a
year in jail or no jail time and only
a monetary fine
FELONY
Is a serious crimes like murder,
manslaughter, several types of
sexual assault, fraud schemes,
possession or distribution of
high amounts of controlled
substances
Usually punished by more than
one year in prison; including
life in prison and even death

4. •
CRIMES AGAINST THE PERSON
Offenses against the person include criminal homicide, kidnapping and
unlawful restraint, sexual offenses and assaultive offenses.
CRIMES AGAINST THE FAMILY
Bigamy, prohibited sexual conduct, enticing a child, violation of a protective
order, criminal non-support
CRIMES AGAINST PROPERTY
Include arson; criminal mischief and other property damage or destruction,
robbery, burglary and criminal trespass, theft, fraud, computer crimes,
telecommunications crimes, money laundering and insurance fraud.

5. •
CRIMES AGAINST PUBLIC ADMINISTRATION
Bribery and corrupt influence, perjury and other falsification, obstructing
governmental operation and abuse of office.
CRIMES AGAINST PUBLIC INDECENCY
Disorderly conduct, compelling prostitution, possession of child pornography
and public indecency
CRIMES AGAINST HEALTH, PUBLIC SAFETY AND MORALS
Intoxication assault, drug possession and distribution, firearms smuggling,
unlawful carrying of weapon, gambling promotion.

6. Offense Maximum Punishment Examples
Court with Original
Jurisdiction
Felonies
Capital felony Execution Capital murder – the killing of a peace officer or a
judge, a child under age 10, murder committed in an
attempt to commit another felony, etc
District court, with automatic
appeal to Texas Court of
Criminal Appeals
First degree felony 5-99 years or life; $10,000 fine Theft of property valued at $200,000 or more;
aggravated sexual assault; non-capital murder
District court
Second-degree felony 2-20 years; $10,000 fine Theft of property valued at $100,000 or more, but
less than $200,000; aggravated assault; reckless
injury to a child
District court
Third-degree felony 2-10 years; $10,000 fine Theft of property valued at $20,000 or more, but less
than $100,000; drive-by shooting with no injury
District court
State jail felony 180 days to 2 years; $10,000 fine Theft of property valued at $1,500 or more, but less
than $20,000; credit card or debit card abuse
District court
Misdemeanors
Class A misdemeanor 1 year; $4,000 fine Burglary; theft of property valued at $500 or more,
but less than $1,500; theft of cable service; stalking
without bodily injury
Constitutional county court or
county court at law
Class B misdemeanor 180 days; $2,000 fine Theft of property valued at $20 or more, but less than
$500; driving while intoxicated; possession of up to 4
ounces of marijuana; making terroristic threats
Constitutional county court or
county court at law
Class C misdemeanor $500 fine Theft of property valued at less than $20; assault
without bodily injury; producing or selling term papers
or reports for use by others; attending a dog fight
Justice of the Peace Court
TEXAS OFFENSES CLASSIFICATIONS/PUNISHMENTS

7. RIGHTS OF THE DEFENDANT
Right to Remain Silent
• The Fifth Amendment to the U.S. Constitution provides that a defendant
cannot "be compelled in any criminal case to be a witness against himself.“
• The defendant cannot be forced to testify against himself.
• The Prosecution also cannot make any comments about the defendant’s
choice to remain silent and the jury is instructed to not make any inference of
guilt because the defendant did not testify during the trial
• (A respondent in a civil case (not criminal) may be forced to testify as a witness
in a civil case.)

8. RIGHTS OF THE DEFENDANT
Right to Confront Witnesses
• The Sixth Amendment grants the defendant the right to “be confronted by the
witness against” them. This is called the “Confrontation Clause"
• The Confrontation Clause gives defendants the right to cross-examine
witnesses, which includes the right to require the witnesses to come to court in
person (not over the phone or through written statement only), face the
defendant, and subject themselves to questioning by the defense

9. RIGHTS OF THE DEFENDANT
Right to a Public Trial
• The Sixth Amendment guarantees public trials in criminal cases, which means an open
court.
• This is an important because it allows the presence of a defendant's family and friends,
ordinary citizens, and the press during trial. The believe is that the lack of secrecy will
help ensure that the government follows the law and provide the defendant with
Constitutional Due Process
• In a few situations the court will close the court to the public.
• For example, judges can bar the public from attending cases when defendants are charged with sexual
assaults against children
• In Federal court, court may be closed if testimony may include sensitive matters like those of National
Security (that may put in danger our nation because it is information that is not available publicly.)

10. RIGHTS OF THE DEFENDANT
Right to a Speedy Trial
• A right to speedy trial is the Sixth Amendment Constitutional Right to be tried as soon
as possible as not to allow the defendant to linger in jail awaiting trial. Speedy trial
applies even if the defendant is free on bond or was never held in the first place.
• The Sixth Amendment does not specify how fast defendant must be tried. It is up to the
judge, on a case-by-case basis, to decide whether a defendant's trial has been so
delayed that it has hurt fairness
• In making this decision, judges look at the length of the delay, the reason for the delay,
and whether the delay has prejudiced (harmed) the defendant's position
• Remember the longer it takes to go to trial, the more likely witnesses’ memories fade
and greater harm is caused to the defendant’s life while under indictment
• Every jurisdiction has enacted statutes that set time limits for moving cases from the
filing of the initial charge to trial.

11. RIGHTS OF THE DEFENDANT
Right to a Speedy Trial
• Kaleif Browder was arrested for
the alleged theft of a backpack at
age 16
• He was held for 3 years, 2 of
which he spend in solitary
confinement
• He did not set foot in a
courtroom until his 256 day in
confinement
• Prosecution claimed not to be
ready for trial
• Several hearings were held but the
prosecution kept postponing
• Kaleif refused to join any gangs
while in prison and because of it
suffered many beatings at the
hands of inmates, guards and was
sexually assaulted
• Prosecutor eventually admitted
they lacked evidence against
Kaleif and their main witness had
left the country
• After two years of being released,
Kaleif committed suicide
WATCH: TIME The Kaleif Browder Story trailer

12. RIGHTS OF THE DEFENDANT
Right to a Jury Trial
• The Sixth Amendment gives a person accused of a crime the right to be tried
by a jury, except for petty offenses carrying a sentence of six months or less of
jail time
• The Supreme Court has interpreted this right to include the requirement of a
12-person jury in some instances (depending on the offenses)
• Jury can constitutionally consist of as few as 6 persons, but defendants tried
by 6-person juries can be convicted only if the jury is unanimous in favor of
guilt

13. RIGHTS OF THE DEFENDANT
Right to Be Represented by an Attorney
• The Sixth Amendment provides that "in all criminal prosecutions, the accused
shall enjoy the right ... to have the assistance of counsel for his defense."
• If a defendant cannot afford an attorney, he/she is determined to be indigent
• A judge must appoint an attorney at government expense to represent the
defendant during the trial phase; the defendant MUST be represented by an
attorney if a deprivation of liberty (jail time) may occur

14. RIGHTS OF THE DEFENDANT
Right to Adequate Representation
• Defendants are entitled to adequate representation not only at trial, but
also during plea bargain negotiations
• Adequate representation does not mean perfect representation. Errors
will happen.

15. RIGHTS OF THE DEFENDANT
Right Not to Be Placed in Double Jeopardy
• The double jeopardy clause protects defendants from being put on trial more
than once for the same offense.
• This protection does not prevent defendants from being charged and
prosecuted for the same offenses by different jurisdictions.
• For example, a defendant may face charges in both federal and state court for the same
conduct if some aspects of that conduct violated federal laws and the laws of the state.
• Furthermore, the double jeopardy clause forbids more than
one criminal prosecution growing out of the same conduct. So, for example, a
defendant can be brought once to criminal court (by the government) and once
to civil court (by someone who's been harmed) for the same offense.

16. RIGHTS OF THE VICTIM

17. RIGHTS OF THE VICTIM
Right to Be Treated with Dignity, Respect, and Sensitivity
• Victims generally have the right to be treated with courtesy, fairness, and care by law enforcement and
other officials throughout the entire criminal justice process.
• Victim Impact Statements allow crime victims, during the decision-making process on sentencing or
parole, to describe to the court or parole board the impact of the crime on their lives.
• Many victims have reported that making victim impact statements improved their satisfaction with the criminal
justice process and helped them recover from the crime.
• WATCH Victim Impact Statement from the Larry Nassar trial – Dr. who sexually assault Olympic gymnasts
• The victim impact statement may include a description of psychological, financial, physical, or
emotional harm the victim experienced as a result of the crime.
• A jury or a judge may use information from these statements to help determine an offender's
sentence; a parole board may use such information to help decide whether to grant a parole and what
conditions to impose in releasing an offender.

18. RIGHTS OF THE VICTIM
Right to Be Informed
• Victims generally have the right to receive information about victims' rights,
victim compensation, available services and resources, how to contact criminal
justice officials, and what to expect in the criminal justice system
• Victims also usually have the right to receive notification of important events in
their cases. In most states, victims will be informed about the arrest and
arraignment of the offender, bail proceedings, pretrial proceedings, dismissal
of charges, plea negotiations, trial sentencing, appeals, probation or parole
hearings, release or escape of the offender

19. RIGHTS OF THE VICTIM
Right to Protection
• Victims have the right to protection from threats, intimidation, or retaliation
during criminal proceedings.
• Depending on the jurisdiction, victims may receive the following types of
protection: police escorts, witness protection programs, relocation, and
restraining orders

20. RIGHTS OF THE VICTIM
Right to Apply for Compensation
• Compensation recognizes victims' financial losses and helps them recover some of the costs
resulting from the crime, however, all states have an amount limit on total compensation award
and not all crime-related expenses are covered
• Victims must submit an application within a certain period of time, and show that the losses they
are claiming are not their fault
• Expenses usually covered include medical and counseling expenses, lost wages, and funeral
expenses
• Compensation programs seldom cover property loss or pain and suffering.
• Also, victim compensation is a resource of last resort -- compensation programs will not cover
expenses that can be paid by some other program, such as health insurance or workman's
compensation.

21. RIGHTS OF THE VICTIM
Right to Restitution from the Offender
• Restitution means the offender must pay to repair some of the damage
that resulted from the crime. Its purpose is to hold offenders directly
responsible to victims for the financial harm they caused.
• The court orders the offender to pay a specific amount of restitution
either in a lump sum or a series of payments.
• Losses covered by restitution may include lost wages, property loss and
insurance deductibles.

22. RIGHTS OF THE VICTIM
Right to Prompt Return of Personal Property
• The rationale for this right is that the return of the victim’s personal
property reduces inconvenience to victims and helps restore their sense
of security
• Criminal investigators, who often seize the victim's property as evidence,
must return such property to the victim when it is no longer needed
• To speed up the return of property, some states allow law enforcement
to use photographs of the item in court in lieu of the actual item

23. RIGHTS OF THE VICTIM
• Texas provides victims similar rights. See the Texas Department of Public Safety
website to read about victims rights in Texas.
• https://www.dps.texas.gov/administration/staff_support/victimservices/pages/right
sOfCrimeVictims.htm

24. SENTENCING • Matters in Aggravation -
Prosecutors offer evidence that
would merit the imposition of a
harsher sentence based on the
circumstances surrounding the
crime or the defendant
• Matters in Mitigation - The
defense may put on evidence of
aspects of the defendant’s life that
would support leniency in
sentencing
• WATCH: Sentencing of Jodi Arias
• During which the judge enumerates all the
matters in aggravation and matters in
mitigation
 Once the defendant is found guilty, the
trial moves into the sentencing phase.
 The sentence may include a period of
incarceration, restitution to the victim, a
monetary fine that goes to the court,
probatory period (probation),
community service, home confinement,
etc.
 Matters presented during the
Sentencing phase are used by the jury
or judge to decide the type of sentence
the defendant will receive.
 These matters may include aggravating
factors or mitigating factors.

25. MATTERS IN AGGRAVATION
5. Whether the crime was a hate crime in that
the defendant was motivated by bias or animus
based on a group characteristic, including race,
religion, national origin, sexual orientation and
gender identity
6. Whether the defendant has previously been
convicted of a similar offense
With the exception of prior convictions, a court
may not use aggravating factors to impose a
harsher sentence than usual unless the jury found
those factors to be true beyond a reasonable
doubt. Cunningham v. California, 549 U.S. 270
(2007).
 Factors that may be considered in
imposing a harsher sentence include:
 1. Use of a weapon in the commission
of the crime
 2. The defendant is a repeat offender
 3. The age or status of the victim – for
example the victim is an infant, or an
elderly person. Also, the victim is
disabled or vulnerable in some other
way
 4. Role the defendant played in the
commission of the crime. Was he the
instigator or the leader of the group?
* We will discuss Mandatory Minimum sentences on a different lesson

26. MATTERS IN MITIGATION
 Lack of a prior criminal record
 Minor role in the offense
 Culpability of the victim (sometimes
victims are initially aggressors)
 Past circumstances, such as abuse that
resulted in criminal activity
 Circumstances at the time of the offense,
such as provocation, stress, or emotional
problems that might not excuse the crime
but might offer an explanation
 Mental or physical illness
 Genuine remorse
 The defense may present
evidence at sentencing that may
tend to show the defendant had
reasons as to why the offense
was committed.
 These reasons must not
contradict the finding or plea of
guilty. In other words, this
evidence may not call into
question whether the defendant
did or did not commit the crime.

27. CRUEL AND UNUSUAL PUNISHMENT
• The Eighth Amendment of U.S. Constitution states that “Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.”
• In Apprendi v. New York – Supreme Court ruled “any fact that increases the
penalty for the crime must be submitted to the jury and proven beyond a
reasonable doubt” which means the prosecution cannot bring up matters in
aggravation or additional charges in through a back door. They must be
included in the evidence presented to the jury for a determination of guilt
before sentencing phase.

28. CRUEL AND UNUSUAL PUNISHMENT
• The court must apply a proportionality test in evaluating the
appropriateness of a punishment for a particular crime
• Proportionality Review must take into consideration:
• The gravity of the crime and the harshness of the penalty
• Sentences imposed for similar crimes in the same jurisdiction
• Sentences imposed for the same crime in other jurisdiction

29. REFERENCES
• The New York Times. (2019). Kalief Browder’s suicide brought changes to Rikers. Now it has led to a
$3 million settlement. Retrieved from https://www.nytimes.com/2019/01/24/nyregion/kalief-
browder-settlement-lawsuit.html
• National Center for Victims of Crime. (2011). Retrieved from https://victimsofcrime.org/help-for-
crime-victims/get-help-bulletins-for-crime-victims/victims'-rights
• Penal Code Offenses by Range. (2018). 85th Legislative Session. Retrieved from
https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-
Offenses-byRange.pdf