2.  Graduated from SVSU in 2004 with a B.A. in
Criminal Justice
 Graduated from Wayne State University School
of Law with a Juris Doctor (J.D.) in 2007
 Admitted to the State Bar of Michigan in 2007
 Attended the Oakland Police Academy in Fall
of 2007
 Currently work as a full time police officer at
SVSU

3.  Student Introductions
 Name, year in college, major, career aspirations
 Syllabus
 Case Brief Assignment Explanation
 Assign Cases
 Criminal Justice Process – Chart p. 14

4.  Why do we have laws?
 Would it be better to not have a system of laws or a
more lenient system of laws?
 Is there another way that we could achieve social
control without a complex legal system?
 Is our system too strict or not strict enough?

5.  Why do we have law?
 To achieve social control – to protect people’s lives
and property and to establish socially desirable
levels of order, harmony, safety, and decency.
 Informal methods of achieving these goals include
family structures, social norms, and religion.
 Law: a body of rules prescribed and enforced
by government for the regulation and
protection of society.

6.  Criminal law is that branch of the law
prohibiting certain forms of conduct and
imposing penalties on those who engage in
prohibited behavior.
 A person cannot be convicted of a crime unless
he or she has committed a specific offense
against a law that provides for a penalty.

7.  Criminal law is divided up into two parts:
 Substantive criminal law: prohibits certain forms of
conduct by defining crimes and establishing the
parameters of penalties.
 Procedural criminal law: regulates the enforcement
of the substantive law, the determination of guilt,
and the punishment of those found guilty of crimes.

8.  Substantive law makes the possession of heroin
a crime, the procedural law regulates the police
search and seizure that produce the
incriminating evidence.
 The substantive law defines what the crime is
and the procedural law sets regulations on
arrest, search, seizure, trials, sentencing, and
appeals process.

9.  Constitutional Supremacy:
 The Constitution sets forth the powers of
government, the limits of those powers, and the
rights of individuals.
 The US Constitution is supreme!
 Judicial Review:
 The power of the courts of law to invalidate substantive
laws and procedures that are determined to be contrary
to the Constitution.

10.  Federalism
 Division of power between the states and the federal
government
 Most day-to-day peacekeeping functions are
exercised by the states (under state laws and state
constitutions)
 Ex: Traffic tickets and most misdemeanors and felonies
fall under state law.
 Exceptions: Bank robberies, kidnapping across state lines,
drug trafficking across state lines, crimes by public
officials, etc.
 http://www.myfoxdetroit.com/dpp/news/local/Commenting%3A-Lawyer-in-Sam-
Riddle-Case

11.  Separation of Powers:
 Legislative Branch – enacts laws
 Executive Branch – enforces and carries out the laws
 Judicial Branch – Interprets the laws

12.  2 Parts
 Actus Reus – wrongful act
 Mens Rea – guilty mind; criminal intent
 Exceptions: strict liability crimes – selling liquor to a
minor
 Divided into two categories
 Misdemeanors – Jail terms of one year or less
 Felonies – Prison terms of more than one year

13.  Our legal system rests on the idea that
individuals are responsible for their actions
and must be accountable for them.
 EXCEPTION:
 Society recognizes that some people may lack the
capacity to appreciate the wrongfulness of their
conduct (Ex: young children, mentally ill)
 Justifications for acts that would otherwise be crimes
(Ex: self-defense, defense of others)

14.  The victim of a crime is NOT a party to the
criminal prosecution.
 Only the prosecutor can charge an individual with
a crime, the victim cannot. However, the
prosecutor may decide not to bring charges against
someone because the victim does not want to press
charges.
 Once the prosecution begins, the victim is a
witness. The victim may be a party to a civil suit
stemming from the same incident as the criminal
case.

15.  Civil law – provides remedies for essentially
private wrongs, offenses in which the state has
a less direct interest.
 Breach of contract – occurs when a party to a
contract violates the terms of the agreement.
 Tort – a wrongful act that does not violate any
enforceable agreement but nevertheless violates a
legal right of the injured party.
 Ex: Wrongful death, intentional or negligent infliction
of personal injury, trespass, defamation of character

16.  Example:
 Randy Wrecker intentionally damages a house belonging
to Harvey Homeowner.
 Wrecker could have criminal charges brought against him
and also be sued civilly.
 Wrecker could be prosecuted by the state for willful
destruction of property (MDOP) and may also be sued by
Homeowner for the tort of wrongful destruction of
property.
 The state would be seeking to punish Wrecker for his
antisocial conduct and Homeowner would be seeking
compensation for the damage to his property.
 Criminal case would be titled People v. Wrecker, or State
v. Wrecker.
 Civil case would be titled Homeowner v. Wrecker.

17.  Famous Example: OJ Simpson case
 The jury delivered a not guilty verdict in the
criminal case, but Simpson was found liable in the
civil case for the wrongful death of Nicole Brown
Simpson. The jury in the civil case awarded the
plaintiffs 8.5 million dollars.
 How do both cases come out differently?
 Different trials, different juries.
 Burden of proof differs in civil and criminal cases.
 Criminal case must be proved beyond a reasonable doubt.
 Civil case must only be proved by a preponderance of the
evidence

18.  English common law
 Stare Decisis – relying on past precedent to rule on
cases
 Sometimes courts encounter situations where precedent
does not or should not apply (times and circumstances
change). In these situations, courts will sometimes
deviate from or overturn prior precedent. Also, there are
times when there is no applicable precedent. When these
situations occur, the appellate courts have the
opportunity to make new law.
 Eventually, the common law was codified into
statutes by the states

19.  Fed government’s role in the CJ system has
always been more limited than the states
 Congress does not possess police power – the broad
authority to enact prohibitions to protect public
order, safety, decency, welfare, etc.
 However, Congress does possess authority to enact
criminal statutes that relate to Congress’s particular
legislative powers.
 Ex: commerce clause (carjacking, kidnapping, wire
fraud, drug trafficking) , immigration, use of mail, civil
rights

20.  US v. Morrison
 FACTS: Congress passed Violence Against Women Act
which said that all persons shall have the right to be free
from crimes of violence motivated by gender. To enforce
this right, the Act then said that a woman who was a
victim of such a gender- motivated violent crime could
bring a civil suit against the perpetrator in federal court.
 A female student at Virginia Tech said she was raped by two
members of the football team. The female student sued the
football players in federal court under this act.
 The football players argued that the act passed by Congress
was beyond Congress’ powers and therefore
unconstitutional.

21.  HOLDING: The Court agreed with the defendants
(football players) and said that the act was beyond
Congress’ commerce power.
 Court said that the activity being regulated was
essentially non-economic and therefore did not affect
interstate commerce.
 “We accordingly reject the argument that Congress may
regulate noneconomic, violent criminal conduct based
solely on that conduct’s aggregate effect on interstate
commerce..” (p. 11)
 The Court’s decision in Morrison reinforced the
traditional notion that Congressional authority to
enact criminal law is much more limited than that
of the states.

22.  Created by statutes, court decisions, and the
development of rules of procedure.
 Generally, the highest court of each state (Michigan
Supreme Court) has the power to make rules of
procedure for the courts of that state.
 Also, remember, the US Constitution greatly
contributes to the rules of procedure.
 4th Amendment – search and seizure
 5th Amendment – protection against self-
incrimination

23.  Bill of Rights
 Constitutes much of the basis for criminal procedure.
 All of the provisions of the Bill of Rights have been
held to apply with equal force to the states and to the
national government. Duncan v. Louisiana

24.  The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or things
to be seized.

25.  No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except
in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or
public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be
deprived of life, liberty, or property, without due
process of law; nor shall private property be taken
for public use, without just compensation.

26.  In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the State and district
wherein the crime shall have been committed,
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.

27.  Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted.

28.  Due process clause found in the 5th and 14th
Amendment
 These provisions forbid the government from
taking one’s life, liberty, or property without “due
process” of law.
 Due Process refers to those procedural safeguards
necessary to ensure the fundamental fairness of a legal
proceeding.
 Fair notice and a fair hearing
 Persons accused of crimes must have ample opportunity
to learn of the charges and evidence being brought
against them as well as the opportunity to contest those
charges and that evidence in open court.

29.  Presumption of innocence
 Innocent until proven guilty
 Prosecutor must establish the defendant’s guilt on
each element of the crime beyond a reasonable
doubt. The burden of proof is on the prosecutor to
show that that defendant is guilty, not on the
defendant to prove his innocence.

30.  Only a fraction of criminal cases actually make it to
a formal trial.
 To avoid trial, which is characterized by both delay
and uncertainty, the prosecutor may attempt to
persuade the defendant to plead guilty, either by
reducing the number or severity of the charges or
by promising not to seek the maximum penalty
allowed by law.
 Plea bargains are a necessary tool in our criminal
justice system.
 The USSC has upheld the practice of plea
bargaining. Brady v. US; North Carolina v. Alford

31.  It is the judge’s responsibility to make sure the
defendant’s guilty plea is voluntarily and
knowingly entered and that there is some
factual basis for the offense charged.
 Boykin v. Alabama

32.  Jail, Probation
 Pretrial Diversion Programs
 Drug/Alcohol Treatment
 Boot Camps
 HYTA – deferred judgment
 Other Ideas? Juveniles?

33.  Legislative Powers of Congress
 Enumerated powers: those that are mentioned
specifically in Article I, Sec. 8 of the Constitution (ex:
power to tax, power to print money).
 Of these enumerated powers, only two are directly
related to criminal justice – provide for the punishment
of counterfeiting the securities and current coin of the
US and to define and punish piracies and felonies
committed on the high seas, and offenses against the
Law of Nations.
 Commerce clause power has allowed Congress to have
much broader authority

34.  Implied Powers
 Those that are deemed “necessary and proper for
carrying into execution the foregoing powers, and all
other powers vested..in the Government of the Us, or
in any Department or Officer thereof..”
 Congress has passed many federal criminal laws
under this clause
 USCA – United States Code Annotated (p. 609)
 (State laws have something similar to USCA)

35.  Rules of Statutory Interpretation
 Courts have developed certain techniques to apply when
a statute appears unclear as related to specific factual
scenario.
 Plain meaning rule – Look at the plain language of the
statute
 Courts often try to look at or guess at the legislative intent
behind the statute
 Void for vagueness – Court may strike down a particular
statute because it is too vague.
 Every criminal statute should be sufficiently precise to give
fair warning of its meaning.
 Implied exceptions (ex: speeding emergency vehicles)

36.  Charged with enforcing the law
 They have the power to investigate criminal activity,
arrest suspected criminals, and to detain arrested
persons until their cases come before the appropriate
courts of law.
 US has over 20,000 police agencies at the federal, state,
and local levels.
 These agencies employ over 800,000 sworn officers.
 Federal Law Enforcement
 FBI – employs over 25,000 including more than 10,000 special
agents located in every state and 21 different countries
 Other Federal agencies – US Marshal, ATF, DEA, IRS, National
Park Service, US Forest Service, Secret Service, Bureau of
Citizenship and Immigration Services (Border Patrol, ICE)

37.  State and Local Agencies
 State police (MSP), County Sheriffs, City and
Township departments, University Police, DNR,
State Park Rangers.
 All of these agencies have different jurisdictions, but
try to work together for a common goal.
 Community Policing
 Officers becoming more involved in the community;
create a non-adversial relationship with members of the
community

38.  Prosecutors determine whether to bring
charges against suspected criminals. They
have a lot of discretion to determine whether to
prosecute at all and what charges to file.
 Primary actor in the plea bargaining process
and have a major influence over the severity of
sanctions imposed on persons convicted of
crimes.
 Prosecutors must work together with the police
in order for the system to operate smoothly and
efficiently.

39.  Federal Prosecutors
 Chief Federal Prosecutor is the US Attorney General,
who is the head of the Dept. of Justice (Appointed by
the President).
 Below the Attorney General, there are several US
Attorneys (also appointed by the President), each
responsible for prosecuting federal crimes within a
particular federal district. The US Attorneys then have
assistant US attorneys who handle most of the day-to-
day cases.

40.  Federal Prosecutors
 Congress has also provided for the appt of
Independent counsel – special prosecutors in cases
involving alleged misconduct by high govt officials.
 Ex: Watergate; Kenneth Starr’s appt to investigate
Whitewater scandal involving Bill Clinton

41.  Chief legal officer of each state – Attorney
General
 District, state, and assistant attorneys
 Local prosecutors are elected for set terms of
office and responsible for prosecuting crimes
within their jurisdiction

42.  Prosecutors not only determine the level of
offense to be charged; but also whether to
charge at all
 Nolle Prosequi – Allows a prosecutor not to proceed
in a given case irrespective of the factual basis for
prosecution.
 Reasons? – Secure cooperation of a defendant; allow
defendant to participate in a diversionary program (ex:
drug court)

43.  6th Amendment
 “In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district where in the
crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.”
 Supreme Court has held that a defendant has the
right to be represented by an attorney at all
criminal proceedings that may substantially affect
the rights of the accused. Mempa v. Rhay
 Also, a defendant has the right to hire his/her own
attorney of his choosing.

44.  Beginning in the 1960’s, the USSC greatly
expanded the right to counsel by requiring
states to provide attorneys to indigent
defendants.
 Argersinger v. Hamlin; Gideon v. Wainwright

45.  Facts: D was charged in FL with having broken and entered
a poolroom with intent to commit a misdemeanor. This was
a felony under FL law. Fl law only provided for assistance
of counsel in capital cases. D asked for a lawyer and was
denied. D represented himself at trial and was convicted. D
was sentenced to 5 years in prison. D appealed his
convicted to FL state Supreme Court who denied his appeal.
D then appealed to USSC, who overturned his conviction.
The USSC overruled a prior case Betts v. Brady.
 Gideon – “In our adversary system of criminal justice, any person
haled into court, who is too poor to hire a lawyer, cannot be
assured a fair trial unless counsel is provided for him.”
“…Lawyers in criminal courts are necessities, not luxuries.”

46.  Gideon held that an indigent has a constitutional right
to assistance of counsel at trial. However, Gideon
involved a felony trial.
 In Argersinger, the USSC considered the applicability
of Gideon to misdemeanor trials.
 Facts: D was charged with carrying a concealed
weapon, a misdemeanor for which the max penalty
was imprisonment for 6 months, a $1000 fine, or both.
D requested, but was denied assistance of counsel. D
represented himself and was convicted and sentenced
to 90 days in jail. D appealed his conviction.

47.  State Supreme Court affirmed D’s conviction stating
that the right to appt of counsel applied to only non-
petty offenses (offenses carrying a penalty of more than
6 months in jail).
 USSC overturned the conviction. USSC said that the
same rationale that was used in Gideon is applicable to
any criminal trial where an accused is deprived of his
liberty.
 Argersinger expanded the right to counsel to not only
felonies (like in Gideon), but also misdemeanors.

48.  A defense attorney is charged with zealously
representing his/her client and ensuring that the D’s
constitutional rights are fully protected.
 Must advise the defendant on the best course of action –
whether to take a plea deal; alternative sentences; gauge the
strength of the prosecution’s case
 Keep the system honest
 Not their function to determine whether the D is guilty or not

49.  Grand Jury
 Serve to consider whether there is sufficient evidence
to bring charges against someone
 Used in Federal Courts; is not required by the
Constitution for state courts
 16-23 people serve on a federal grand jury; 12 must
vote to return an indictment in federal court

50.  Petit (Trial) Juries
 Sit to hear evidence at a trial and render a verdict
accordingly
 Art. III, Sec. 2 of the US Const. establishes the right
to trial by jury in criminal cases
 6th Amendment guarantees “the right to a speedy
and public trial by an impartial jury.”
 12 people required in federal juries; varies in state
juries, but all states require 12 for capital cases
 USSC has approved the use of 6 person juries in non-
capital cases

51.  Federal Courts adjudicate cases involving violations of
federal law; State Courts adjudicate cases involving
violations of state law
 Trial courts conduct criminal trials and various pretrial
and post-trial proceedings.
 Appellate courts hear appeals from the decisions of the
trial courts.
 Correct legal errors made by trial courts and develop law when
new legal questions arise
 Jurisdiction – the legal authority to hear and try a case
 Must have subject matter jurisdiction and personal jurisdiction

52.  U.S. District Courts
 Handle prosecutions for violations of federal statutes
 Review convictions from state courts when
defendants raise issues arising under the U.S.
Constitution
 Principal trial court in federal system
 Trials are presided over by a judge appointed for life
by the President with the consent of the Senate

53.  The U.S. Courts of Appeals
 Intermediate appellate courts (circuit courts)
 12 circuits cover the U.S. (p.32)
 Michigan is in the 6th Circuit along with Ohio,
Kentucky, and Tennessee
 Hear both criminal and civil appeals from the district
courts
 Decisions rendered by panels of 3 judges – affirm,
reverse, or modify
 Judges appointed to life terms by the President and
confirmed by the Senate

54.  United States Supreme Court
 Highest appellate court in the federal judicial system
 Jurisdiction to review, either on appeal or by writ of
certiorari (discretionary review), all the decisions of the
lower federal courts and many decisions of the highest
state courts
 Comprised of 9 justices appointed for life by the President
with the consent of the Senate
 Have the final word in determining what the U.S. Constitution
requires, permits, and prohibits in the areas of law enforcement,
prosecution, adjudication, and punishment.
 In 2005, received about 7500 petitions for certiorari
and granted review in only 87 (just over 1%).
 http://www.youtube.com/watch?v=SZnW_ffOmH8
 http://www.youtube.com/watch?v=_dnp_01e4Qw&feature=related

55.  Military Tribunals
 Art. 1, Sec. 8 of the U.S. Const. grants Congress the
authority to regulate armed forces. Under this authority,
Congress has enacted the Uniform Code of Military
Justice (UCMJ).
 The UCMJ gives courts-martial jurisdiction to try all
offenses under the code committed by military personnel.
 Decisions of courts-martial are reviewed by military
courts of review in each branch of the armed forces.
 Some appeals are heard by the US Court of Appeals for the
Armed Forces, which is staffed by civilian judges who are
appointed to 15 year terms by the President with the consent
of the Senate.
 Generally, only under conditions of martial law do
military tribunals have the authority to try American
citizens.

56.  Every state has its own court system and each is set up
differently.
 Every state has one or more levels of trial court and
at least one appellate court.
 Courts of general jurisdiction – conduct trials in felony
and major misdemeanor cases
 Usually called circuit courts in MI
 Courts of limited jurisdiction – Handle pretrial matters
and trials in minor misdemeanor cases.
 Most states also have a Court of Appeals and State
Supreme Court
 Most state also have separate juvenile courts

57.  Includes specialized courts, law enforcement agencies,
social service agencies, and corrections facilities
designed to address problems of juvenile delinquency
and child abuse and neglect.
 Theory behind juvenile system is that juveniles need
more rehabilitation rather than punishment
 Parens Patriae – the power of the state to act to protect the
interests of those who cannot protect themselves.

58.  In the late 1960’s, the juvenile system was reformed to
create more due process rights for juveniles.
 In re Gault – basic procedural safeguards applied to adults also
applied to juveniles – right to counsel, right against self-
incrimination, right to confront witnesses.
 http://www.youtube.com/watch?v=PAS4uSDJe9k

59.  Designed to fulfill the CJ’s system objective of providing
punishment and rehabilitation of offenders
 Criminal punishment is limited by the 8th Amendment’s
prohibition against cruel and unusual punishment
 Provides for a variety of punishments including monetary
fines, incarceration, probation, community service, and the
death penalty.
 Just like the court system, there is a federal and state
corrections system.
 Rehabilitate?
 June 2005 – 2.2 Million inmates in the US
 http://www.youtube.com/watch?v=nYJJEnTn9P0
 http://www.youtube.com/watch?v=hMnk7lh9M3o