Welcome to AJ102-Principles and Procedures of the Justice System

Mail to:

Rio Hondo College
Department of Public Safety
3600 Workman Mill Road
Whittier, CA 90608

Course Description: This is an in-depth study of the legal responsibilities of the law enforcement and judicial segment of the administration of justice system which includes a past, present, and future analysis of the procedures of each subsystem within the administration of justice system from initial entry to final disposition, and the relationship each segment maintains with its system members.


Course Assignments

Unit 1- email your instructor and acknowledge due dates for completed work and final exams.

Unit 2---Define or discuss:

A.     Social contract and English common law

B.     Three sources of current law

• Substantive and Procedural Law
  The mechanism for enforcing the substantive criminal law is a detailed set of uniform rules that comprise our criminal procedure. Adherence to the proper procedure is deemed so important in providing the "equal protection of the law" mandated by the Fourteenth Amendment that a mistake in procedure can sometimes mean than even an apparently-guilty party may be permitted to go unpunished.
• Social Contract Theory
  Under the social contract theory, no one has either absolute freedom or absolute security. Instead, society agrees among itself to guarantee a certain degree of securing by surrendering the corresponding degree of freedom.
• Sources of Laws
  The drafters of the Constitution intentionally divided governmental power into the three separate branches (legislative, executive and judicial) as a guarantee of checks and balances against excessive centralized power. This same division is incorporated into California’s Constitution.
• Laws
  Final laws are chaptered into one of the twenty-eight topical codes. For example:
  The Civil Code, the Evidence Code and the Vehicle Code.
  

Unit 3---Define or discuss:

A.     Essential elements of prosecution

B.     Stare decisis and case law

C.     Proof vs. evidence

D.     Three components of the criminal justice system

• Essential Elements
  The state’s burden of going forward with evidence that proves guilt beyond a reasonable doubt requires establishing that the court has jurisdiction over the offense, that each element of the crime is satisfied, and the accused can be identified as the perpetrator.
• Equal Protection
  Since the Fourteenth Amendment prohibits the states from denying its inhabitants "equal protection of the laws," it is necessary to try to apply case law uniformly, from one case to the next, and from place to place throughout the state.
• Methods of Proof
  In order to meet his burden of proof, a party may rely on both evidence and procedural devices to establish what happened. Evidence is either direct, or circumstantial.
• Components of the Justice System
  There are various entities that make up the justice system. Each area has there area of responsibility to see that a case is brought forward in a proper manner.
• Jury Composition
  To find qualified jurors, the commissioner often uses lists of licensed drivers and state ID cardholders.
  

Unit 4---Define or discuss:

A.     Organizational structure of a police department

B.     Three sources of information used in investigations

C.     Rules governing adult interrogations

D.     Evidence and the chain of custody

• Organizational Structure
  Law enforcement agencies, whether a police, sheriff, marshal, Highway Patrol or other specialized force are generally organized according to their various missions, and according to size.
• Detection of Crime
  Information about criminal activity comes from a variety of sources. The three primary ways such information reaches police are reports from victims and witnesses, observations by patrolling officers, and informant tips.
• Elements and Evidence
  Every provision of law defining a crime contains two or more "elements" which must be present to constitute the offense. All of the evidence presented in court in the trial of a criminal case will fall into one of three categories- testimonial, confession or physical.
• Interrogation
  The US Supreme Court has ruled that police questioning need be preceded by Miranda warnings only where there has been "a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.
• Collection and Analysis of Evidence
  In order to identify, collect and preserve physical evidence, the investigating officer must be familiar with the kinds of evidence normally associated with specific crimes, the places where such evidence may be found, the techniques for logging, photographing, measuring, collecting and packaging various kinds of evidence, and the procedures for maintaining control of the custody of the evidence until it reaches the courtroom.
  

Unit 5---Define or discuss:

A.     Reasons for the District Attorney not filing cases

B.     Infractions, misdemeanors, and felonies

C.     Preliminary hearing

D.     Arraignment

• Crime-Charging Discretion
  The decision as to which cases will be formally charged in court, and which will not, is within the discretion of the prosecuting attorney.
• Eight Reasons for Not Prosecuting
  There are some cases in which prosecution may be declined even though the basic criteria have been met and a conviction could likely be obtained. The UCCS (Uniform Crime Charging Standard)
• Classifications of Crimes
  In choosing the appropriate charge, the prosecutor must also consider the charge level. Public offenses in California are classified as felonies, misdemeanors and infractions.
• Preliminary Hearing and Arraignment
  A preliminary hearing is held before a Magistrate. It is not a full trial and does not require that the prosecution present all the witnesses or evidence of the defendant’s guilt only sufficient proof to meet the probable cause requirement. Prior to the preliminary hearing an arraignment must take place.
  

Unit 6---Define or discuss:

A.     Change of venue

B.     Basis for speedy trial motion

C.     Discovery motions

D.     Non trial dispositions

• Change of Venue
  A motion for change of venue is a request to move the trial from one place to another.
• Due Process and Speedy Trial
  When the defendant believes that the state delayed too long between the commission of the crime and the initiation of formal charges, he may move to dismiss for denial of due process. The sixth amendment gives the defendant the right to a speedy trial.
• Motions
  The prosecution has an affirmative duty to disclose material, favorable evidence to the defense, without request.
• Dispositions
  Once the pretrial discovery and litigation have been completed, the parties reassess the relative strengths and weaknesses of their respective positions to determine whether a trial will be necessary, or whether some alternative disposition of the case is appropriate.
  

Unit 7---Define or discuss:

A.     Subpoenas for:

1.  people

2.  documents

B.     Jury selection

C.     Officer’s preparation for testimony

• Forum Shopping
  The Judge assigned to preside over a trial can exercise broad discretion, deciding whether to admit contested evidence, sustain or overrule objections, allow argument, or permit particular conduct by the attorney.
• The Subpoena Process
  A properly issued, properly served subpoena requires the witness’s appearance in court as specified, subject to punishment for contempt for failure to obey.
• Trial Procedure and Jury Selection
  The order of trial and rules of procedure are derived from several sources, including the Fifth, Sixth, and Fourteenth Amendments. The overwhelming majority of trials are tried to juries which usually reacts as a reliable barometer of community attitudes.
• Procedural Rules
  Both the Prosecution and the Defense must follow certain rules that are governed by the court for questioning of witnesses and introduction of evidence
• Testimony Preparation Procedure
  It is the job of the attorneys to develop important details from the witnesses, to draw fine distinctions, to seek precision in answers that may affect the overall credibility of the testifying witness.
  

Unit 8---Define or discuss:

A.     Goals of sentencing

B.     Sentence ranges for:

1.  Infractions

2.  Misdemeanors

3.  Felonies

C.     Concurrent vs. consecutive sentences

D.     Formal vs. summary probation

• Goals of Sentencing
  These include punishment, protection of the public, deterrence, restitution to victims, and rehabilitation of the offender.
• Sentencing Ranges and Options
  The law requires a delay between verdict (or plea) and sentencing. In misdemeanor and infraction cases, the court must wait at least six hours. A felony conviction is to be set within 28 days after verdict. The law provides a wide variety of alternatives the sentencing judge may use.
• Concurrent and Consecutive Sentences
  When the sentencing judge imposes more than one jail sentence on a defendant who suffered multiple convictions, the judge must specify whether the terms are to be concurrent or consecutive.
• Formal Probation and Conditional Sentence
  In cases of infractions and misdemeanors, the defendant may be placed on probation or given a conditional sentence.
  

Unit 9---Define or discuss:

A.     Sentencing guidelines

B.     Guidelines eliminating disparity in sentencing

• Federal Sentencing Guidelines
  "Justice by the Numbers," a five-part investigative series, probes how the federal government sentences criminals.
• Part One
  Using mathematical formulas to calculate just punishment for federal crimes was the basic premise -- and promise -- behind U.S. Sentencing Guidelines. But a Washington Post probe shows the reform has not worked as intended.
• Part Two
  U.S. Sentencing Guidelines have shifted much of the power in the courtroom from the nation's judges to prosecutors and law enforcement officers. Before, a judge decided the pertinent facts; now prosecutors do.
• Part Three
  Nearly 10 years after the sentencing guidelines went into effect, many federal judges think the system ought to be revised by Congress. Although comparatively silent while the guidelines were being written, they now complain loudly from the bench and in written opinions.
• Part Four
  The sentencing guidelines were supposed to eliminate disparity, but for reasons no one understands or can fully explain, blacks are still more likely to receive harsher punishment. Rules often impose toughest penalties on poor and minorities.
• Part Five
  Much of the power to remedy inequities in federal sentencing rests with the U.S. Sentencing Commission. Yet 11 years after it was established, the agency remains a disorganized, often ineffective advocate for change.
  

Final Examination: Your grade for the course will be weighted as follows: Written Assignments = 50%, Final Exam = 50%. In order to successfully complete the course you MUST complete the written assignments and, take the final examination. If you live within 50 miles of the campus, you MUST take the final examination on campus. You may contact the Learning Assistance Center at (562) 692-0921 x 4016 or 3169 to schedule taking the final exam. The Learning Assistance Center is located at the Police Academy which is on the main campus on Canyon Drive. If you live over 50 miles from the college the exam may be proctored at your location. Contact your instructor for details.

If you experience any difficulty or need any further clarification, contact the Online Coordinator, Carley Mitchell at mitchellcarley@hotmail.com or in an emergency call him at (801) 953-6173.

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