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Criminal Justice:
Chapter 1: History and Philosophy of the Law……………………………………….2
Chapter 2: The Feudal System………………………………………………………...5
Chapter 3: Measuring Crime…………………………………………………………...8
Chapter 4: Police Organizations……………………………………………………..10
Chapter 5: Why People Become Officers…………………………………………...13
Chapter 6: Causes of Crime…………………………………………………………..17
Chapter 7: Bill of Rights………………………………………………………………..21
Chapter 8: Criminal Justice……………………………………………………………25
Chapter 9: The 4th Amendment……………………………………………………….26
Chapter 10: Arrests……………………………………………………………………..28
Chapter 11: Identification Process……………………………………………………31
Chapter 12: The Judicial System……………………………………………………...32
Chapter 13: Pre-trial and the Adversary System…………………………………….34
Chapter 14: Trial and Appellate System………………………………………………39

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History and Philosophy of the Law
There are always cases where the government comes into question if they use
and abuse their power. For example, racial discrimination a Los Angeles police officer
assaulting an African American because of his race.
Where society began as a whole started in a city named, Jericho. It is the oldest
city recorded where it was a formed along a river for two main purposes: 1) protection,
2) irrigation. This city led empires to rise and conquer. These empires were very slow to
rise and very slow to fall. The first empire was the Sumerians, in which they lived what
present day is called Iran. This empire was fairly bright that they gave us two things that
we use to this day: 1) beauracy, 2) writing. Babylonians gave us our first major empire
as Hammurabi as their leader. He created the city of Babylon in equivalence of size to
salt lake county. His empire was built with controlled access. His men were required to
serve his army for the time period of ten to twelve years. Marriage was considered very
important, he created the code of the Hammurabi carved in black stone which is now
placed in Paris. This code engraved in this stone had the basic laws and punishments.
Some examples of the punishments are: 1) Crucifixion, 2) Thrown into the river; which if
you floated you were telling the truth, if you sank let’s say you weren’t too lucky, 3)
Maiming, if you lied you’d get branded on right hand, if you were caught stealing your
right hand was cut off, 4) beatings. Nebechenezzur discovered one of the 7 wonders of
the world, and founded the hanging gardens of Babylon.
The next great empire was the Hellenistic empire, or as we know the Greeks,
which was made up of a series of cities. Athens, Greece was ruled by a family, the
Celestian family which was consisted of 27000 people. This great empire gave us what

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we know of Democracy. Some great philosophers came from this empire such as:
Plato, who liked to talk about life in which he wrote a book called, The Soul. Socrates,
this guy was really jacked up looking but smart at the same time, which he came up with
the Socratic system (you answer a question with a question); he also gave us the first
University. Aristotle, this philosopher gave us the scientific method. Pathagerous, he
gave us the pythagrium theorem. Euclid gave us geometry. Greek philosophy was
based on the love of learning. The Greeks gave us our first library, architecture, Old
Testament, and above all our first marathon.
The biggest and most powerful was the Roman Empire, which leads us to
question how it was founded. There are two theories, one, 2 infants found and raised by
a she wolf, Romulus and Remis in which Romulus killed Remis and founded Rome.
Two, seven hills that surrounded Rome where seven families lived, Phoenicians would
come steal livestock and these families got smart and formed an alliance and defeated
Phoenicians and founded Rome (The second sounds more believable). The way the
structure was setup was, four Roman legions to protect Rome, and a Senate to run the
Roman Empire through a republic. Julius Caesar was a general and took over the
senate but decided to keep it intact. Julius Caesar was assassinated by his friend
Brutus; although his life was taken his lines were still ruling the empire. We have
received some of our months of the year from the Romans such as: Augustus (August),
Janus (January). The Roman Empire lasted over 900 years. Which in the time they
established the first prison, which was named, Marbertyne, military courts, the ability to
appeal to a higher court, and the first post office. Constantine made Christianity the first

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official religion of the world. When Rome fell into the dark ages small kingdoms were
established for 600 years.

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The Feudal System
In 900 A.D. people lived in small communities and the hiree’s would fight wars
and work. The questions they started to ask themselves were who has the right to rule?
And are we bad? Also they believed that certain circumstances can change a person
reaction. Until the 12th century in Germany, philosophers felt that everyone was bad.
Then the philosophy of enlightenment came into being. Enlightenment has a high
importance and is embodied in both democracy and the Declaration of Independence.
This enlightenment is an ongoing event that is still in effect today.
In 1066 A.D. France they held a practice of primogenitor which the father gave
his first son everything he had. The other son’s he would pay their commissions to
either join the army/military or the church. William the conqueror of Britain, the second
son of his French king and thought that it would be nice to be a king his country and he
went over and conquered Britain. He split the counties into (equivalent to our counties).
British soldiers called, Saxons, one in particular Reeve, he became known as shire
reeve; hence where we get our Sheriffs today. William the conqueror then commissions
a majestry of courts (equivalent to a judge). Lord’s court of the 13th century, a judge
named, Coke started the precedent of the law which kept the law consistent as far as
the rules and consequences of breaking the law. Staredesis, which is a term where that
if you rule one way when a certain case is ruled a particular way and another similar
case comes about again that it will rule the same.
There was a police effort, self-help, with a watch system in London that every
hour the guard would call out “all is well” (equivalent to our own system that you have to
report all conditions normal). The London army would also patrol, a man named, Robert

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Peel in which came up with the first citizens police system. It was based upon their own
military system such ranks, i.e., Captain, Sergeant, Lieutenant. He hired officers that
had to have thick skin. They were unarmed officers and named Bobbies, after Robert
Peel, which they are still unarmed to this day.
In 1801, Boston had a night watch which was the first police force in America and
was paid fifty-cents without a day watch. In Philadelphia 1883, was the first established
night and day watch in America. Communication became a big issue, which the first
means of communication was a runner, then the mark-one, adios, Morse code, and call
boxes were invented.
There were certain drawbacks of early law enforcement such as the lack of
training. Patronage was also an issue which was where if you knew the boss you would
get hired. Bribes became a state of play that certain household residents would tip the
officers patrolling to keep an extra sharp eye on their homes and take care of them.
Chicago’s police force’s is and/or still holds some of the most corrupt police officers in
the nation.
In 1965, became a critical turning point of efforts towards police forces. The
aftermath of the Chicago police riots created the crime control and safe streets acts, law
enforcement assistance administration and the police academies.
Police officers provide security, try to prevent crime, do traffic control, help
people, and protect and serve. All cops in America are armed and one of the hardest
decisions to be faced with while being a police officer is taking a life. Some different
police forces between state and federal jobs are: A.T.F. (Alcohol Tobacco Firearms)

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DEA (Drug Enforcement Agency) FBI (Federal Bureau of Investigation) Secret Service,
Highway Patrol/Texas Rangers, Sheriff, Military Police, Municipal police, U.S Marshals,
Corrections officers, Border Patrol, Postal Inspector officers, and IRS (Internal Revenue
Service).

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Measuring Crime
Crime is a violation of written law. The federal government is responsible to make
federal law in Washington D.C. Some examples would be, blowing up mail boxes,
postal crimes, and counterfeiting money. State legislature pass statutes and can only
enact felonies. In the state of Utah has 3 categories of felonies, 1st, 2nd, 3rd degree. A 3rd
degree felonies can be punishable up to 0-5 years in federal prison, a 2nd degree felony
can punishable up to 1-15 years in federal prison, and a 1st degree felony can be
punishable for up to 5 years to life in federal prison and if it’s a capital crime the death
penalty may be inflicted. All felonies are served in prison, where you lose your right to
vote, felons are disqualified to bear firearms while they serve their parole or probation.
Misdemeanors are also divided into 3 categories; A B C. Class A misdemeanor
you can serve up to 1 year in jail, a Class B is up to 6 months in jail, and a Class C you
could be sentenced for up to 90 days in jail. You could have an infraction, such as a
traffic ticket, where you can’t be sent to jail but can be fined. The only way that you can
be sentenced to jail is missing a court date or fine due date then a bench warrant will be
issued out to you.
Delinquency defined by criminal code and there is no mandatory sentence.
Judges use statistics and testimonies to decide how to sentence, and they can decide
on any sentence they feel is appropriate for the crime. The most common delinquency
charge is truancy, which is a hassle for a judge but the cops prefer being able to pick up
teens on truancy so that the teens can’t get into more serious trouble, like drugs,
drinking, or theft.

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When measuring crime, statistics are used, but the problem with statistics is that
people lie. There was study done that showed when more police were hired in New
York City, the city’s crime rate rose 1%. The study of crime is called criminology, and
they are responsible for the Uniformed Crime Report. This report shows the number of
crimes and the number of crimes reported by victims. The report is divided into two
parts. The first part are felonies (index crimes), which usually tend to be violent crimes.
Part two is misdemeanors, which are lesser non-violent crimes.
Studies show that where a person lives will impact whether or not a crime is
reported honestly, or not at all. The books don’t reflect crime. The studies also show
that there are several different factors that can be related to crime. The first is a
relationship between gender and crime. Males tend to commit more crime than females.
There is also a relationship between age and crime. The younger people are more likely
to commit crime than older, and poverty can also impact the chance a person has of
committing a crime. 67% of crimes are usually committed with a handgun, and if a
person commits a crime with a weapon, the crime is then considered aggravated and
the punishment just got steeper. Drugs and crime are also correlated, and drugs can
ruin lives, not just by making a person do something they wouldn’t normally do, but they
kill brain cells and start shutting down the body.

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Police Organizations
Where a cop lives and works can determine the type of crimes that they have to
deal with. Police agencies in big cities like Chicago, Miami, etc… have a close
relationship with the FBI. Some precincts are cross sworn with federal agencies as well
as their department. Police agencies are structured similar to the military, with ranks of
command. This helps with the delegation of authority and to prevent corruption within a
police force.
Smaller police jurisdictions are less disciplined than the bigger jurisdictions.
Police departments are divided into precincts, and all police officers must be certified in
order to work as an officer. All officers must know the policies of the precinct that they
are working for, if they do not know the policies, they will be dismissed from the force.
The departments need to be efficient; therefore their officers need to be efficient.
Efficiency is based on response time, not the number of arrests made.
There are several things that can affect the time it takes for an officer to respond
to a crime. The first is how long it takes for a victim to report a crime. Then after they
have it reported 911 has to take all the information then transfer that information to the
police, so that the officers know what to expect, and how best to handle the situation.
The officer also has to then distinguish between hot and cold cases, the hot cases get
priority over any cold case because it is more immediate, but they also have to
distinguish between the emergency cases that need immediate attention, and those that
can wait a little before being attended to.
Patrol officers are the most important part of a police force. Their job is also the
most dangerous out of anyone on the force. Patrol officers are the first to respond to a

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call and render aid if needed. There are several types of patrols; undercover, bum
squad, motors unit, bike patrol, foot patrol, and in some cities horse patrol. Small towns
don’t have to restrict the officers to certain areas like the police agencies in big cities do.
There are multiple jobs available within a police force. There is of course, the
patrol officer. There are also detectives, corrections officers (jail), and mental health unit
located in the jail. There is a ratio of ten to three, between patrol officers and detectives
within a precinct. Patrol officers are always on the clock and always have to be ready to
go out on the job. They are also strictly managed for accountability reasons, because if
an officer is going to be corrupt or do something that they shouldn’t, it is more likely that
the officer is a patrol officer.
Dirty Harry is the most popular and well known detective in the U.S. A detective’s
main job is to investigate stolen property. Most police cases are solved by the patrol
officer, and the detective receives the initial report from the patrol. Detectives screen
arrests and is held responsible for getting the police report to the DA (District Attorney).
An easy way to know if there is a detective in public is that their vest or jacket goes
below their belt to hide their gun.
Patrol officers do preliminary investigations into crimes. The first thing they do on
a crime scene is secure the area and give aid to the victim if it is needed. Afterward they
take statements to get information on the suspect(s).
Witnesses are the people who give the police the information they need about
the crime. The layaway witness is like someone who watches a crime take place from
across the street. Material witness is the most vital to an investigation because they are

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the ones who give enough information. They tend to have direct evidence and are the
first ones to be asked for a statement from an officer. Material witnesses sometimes
need protection, especially in gang or mafia cases, because if word gets out they could
be in a lot of danger. Witnesses are required to read their statements before going to
trial so that they can refresh the incident in their mind. In Utah we have a material
witness statute, where if a police feel that a witness is a run risk or is in danger, they
can keep the witness in custody for their own protection.
When police find a body or investigate a crime scene there is certain evidence
they look for. One is if there is any bite marks, bruises, or other wounds on the victim.
Photos have to be taken of the body and surrounding area as soon as the body is
found. Patrol officers are required to stay on the scene and part of their job is to
accompany the ME (Medical Examiner) so that they can pronounce the preliminary time
and cause of death. Officers have to take DNA samples like; hair, semen, fingernails, or
skin. Any weapon found on the crime scene is also recorded and then bagged and
tagged, where all the evidence gets put into a bag and it is then labeled with the case
number, date, and year. Officers also look at blood spatter, gun powder residue, and
bullet wounds. The F.B.I. has a DNA database that police agencies can utilize to help
them find and catch their suspect. Officers also look for offensive and defensive marks
on the victim and in the surrounding area. Patrol officers do a walk- through of the crime
scene diagramming what they see and marking possible points of entry/exit.

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Why People Become Officers
Salt Lake Community College has the only anti-terrorism, homeland security
forensics program in the nation. In most places around the country, with the exception
of small cities, officers are starting to be required to have a two year degree.
There can be some problems being an officer. It can cause power and ego trips
because in society, citizens are supposed to listen to officers for their own safety and
protection. But there are some pros to becoming an officer as well as exciting reasons
becoming an officer such as: young new cops always take the west night shifts because
that’s where the action takes place, you get a type of brotherhood bond with fellow
officers on the force, and you can receive a 20 year retirement to being on the force.
Some personal down sides of becoming an officer that you take risk running into is that
your life is always at risk, it’s a dangerous job sometimes, has a divorce rate that is
climbing yearly on average; you also take the risk of getting into fights with suspects or
detainees.
To become an officer doesn’t really take much, first you need not to have any
convictions of felonies and pass a physical examination test. The physical test Males
must be able to bench press 185lbs., females must be able to bench press 85lbs. to
become federally employed you are required to take a series of psychology tests the
most common is the Hartman psychology test, but others as well; like, multi-phase
personality inventory test. To get on the local police force as well as on the federal side,
applicants have to pass a written examination.
It’s good to have women and other ethnic groups on a police force. The reason
why it is a good thing is because with women, they understand feelings and emotions

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more, and women victims could more easily trust or relate to another woman. As far as
having racial diversity on the police force, no one knows a culture better than those who
were raised in it. For example, African-American officers would have an easier time
working with the African-American population, because they understand the culture and
what may be the possible motives behind the crime.
Police officers are considered role models for the community. Younger kids,
especially boys, dream of one day becoming an officer and being able to arrest the bad
guys. Even as role models, officers can make mistakes and become corrupt, thereby
setting a bad example for those who look up to them within the community. A bad cop
can present in many ways, like misusing their authority, or developing a them vs. us
mentality, shakedowns, bribes, and mooching. From 1994 to 1998 the number of
officers sent to prison for corruption rose from 107 to 548. Other ways in which an
officer would be corrupt would be to see things as the end justifying the means, taking
out street justice (beat suspect), or by planting evidence on a suspect.
A good example of corruption is the case of Jose Ramos. Jose was a border
patrol officer and worked in the guard house. Two men approached Officer Ramos and
offered him a lot of money to go to the bathroom at a certain time the next night. Too
bad for Ramos that those two men were undercover cops trying to find the corrupt
officers and bring them to justice.
One of the reasons police agencies suffered from corruption was that there was
no written guidelines or policies stating what was wrong and right. There was also a lot

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of growth taking place with the beginning of new small cities that needed to be
protected, which required the hiring of new, green officers.
If a corrupt officer is caught, he is put under investigation. Internal Affairs (IA)
look into the circumstances and evidence and decide what to do with the officer until
trial. Officers can face different levels of punishment depending on how corrupted they
were. Some of the different punishments include; disposition, suspended from the force,
fined, prosecuted, exonerated, or dismissed. The punishment is decided by three
officers on a panel and they base their decision based on the evidence that is placed
before them.
The reason IA tries so hard to get things done quickly in the case of a corrupt cop
is because in 1983 a person sued a police officer, the police department, and the city
because of something the officer did. This became known as the 1983 action where the
people will take the entire department and city to court if they feel that they were
wronged. Another way a person can report misuse or abuse of officer power is to report
it on the community oversight boards. There was a case in Tennessee, Memphis vs.
Gardener that determined that police are not allowed to use deadly force unless they
are presented with deadly force. A woman police officer and some other officers were
called to a house where a burglary was taking place. The burglar ran and the woman
officer gave chase, and as he climbed over a wall, she opened fire and killed him. The
burglar’s family sued but the court didn’t rule in their favor because the officer was doing
what she had been taught, but they did decide to change the guidelines so that the only
time an officer could open fire was if they had fire opened upon them.

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The hard part about shooting someone is that nobody likes to take lives unless
there is something wrong with them mentally. When an officer has to shoot someone,
and if they kill them, it can cause serious psychological issues and extreme stress.
Officers only shoot when they have to because it is something that they will have to deal
with for the rest of their life.

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Causes of Crime
There are many reasons why people commit crime. The first is for the thrill and
natural high they can receive from the adrenaline rush that comes with the crime.
Another reason is that some people like the chase and think it is exciting to run and try
to outsmart the officers. Poverty is a very good motivator for crime, because one thing
about people is that they will do anything to survive, including stealing and committing a
crime if it means that they get to live another day. Other people do it to get something
they want without having to pay the price for it. People with learning and mental
disabilities are more likely to commit a crime than those without. Delinquency is also
correlated with crime. Teenagers skip school and have a lot of spare time on their
hands to burn so they decide to do drugs, drink, or commit a crime like robbery. People,
especially young adults, who grow up and live in an unsettled home life, or broken
family, are also more likely to commit a crime. To some people money won is sweeter
than money earned, and so they find whatever way they can to win money rather than
have to really work for it.
There are multiple theories circulating as to the reasons people so what they do,
not just in crime, but in all aspects of life. The first theory is the choice theory. People
choose to do what they do, sometimes because the benefits outweigh the risks, and
other times are because it is what they feel like doing. The choice theory states that
people act out of free will and the want to do something. Some people believe that they
will never get caught, and for some that is true, but for most there will come a time when
they will get caught.

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Cesare Beccaria was a big believer of the choice theory. He wrote a book on
crime and punishment which stated that decisions are based on experiences and
results that have come about in your lifetime. He also said that all will realize the desires
of their heart, and not the idle wish of the mind. He also said in his book that
punishment can change behavior, but it has to be harsh enough for someone to really
take it to heart and change.
Jeremy Bantham was another believer in punishment helping to change
people’s behavior, but he believed in a certain timeline with those punishments.
Bantham stated that in order for punishment to be effective it must be done quickly after
the suspect or criminal has been caught, or shortly after the crime because otherwise
the person wouldn’t get it or realize what it was that they are being punished for. He
also said that people should know what punishment they would receive based on the
crime they commit and that knowledge should help to deter people from committing
crimes.
Victor Hugo, the famous French writer stated that love can change people. In his
book Les Miserables he centers his main character’s life changing experiences on the
love he experiences from other people and for other people. He also brought in a
religious aspect and said in his book that a religious experience, or ephinany, can
change someone as well.
Biology is another theory that is used to explain human behavior. Ninety percent
of crimes committed are by males. This is due to the biological makeup of men and
women. Men have testosterone and women have estrogen. With women the dangerous

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time is when they are suffering from PMS because they can lose control of their
emotions and do things they would later regret.
Genetics can play a part to. Everyone is made of DNA and that DNA is the blue
print to our bodies, minds, and personality. A person’s personality determines their work
ethic, who they are, and what they do and are capable of. A study of identical twins was
done in the sixties some time after WWII. The twins, even though they had never met or
seen their twin, fifty-six percent had the same similarities in personality and other
characteristics, sometimes down to what side they parted their hair on.
Another theory is neurophysiology. Thanks to modern technology we have tests
that can monitor and map out brain functioning and thinking. One of those methods is
an electroencephalogram, or EEG, that shows different patterns of brainwaves.
Psychology is another big theory in criminal studies. The biggest growing branch
of criminal justice is with the psychology field. That is the area of criminal profiling. The
father of psychology is Sigmund Freud and he said that everyone had three
consciousnesses. There is the ID, Ego, and Superego. The ID is like the caveman
inside everyone and is driven by sex. The Ego controls your actions and is
subconscious. The Superego is your personal conscience that lets you know what is
right or wrong.
There are multiple different kinds of psychological problems that can cause
criminal behavior and people who express problems and traits are divided into
categories. There is the psychopath, sociopath, and psychotics. The psychopath holds
no empathy for anybody. The sociopath has no victim sympathy or empathy, but they

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make the best inmates in prisons. The psychotics are the people who hear voices. A
good example would be David Berklowitz whose dog would tell him who to go kill.
The theory of sociology is another branch that is used to explain criminal
behavior. Some people get a, another person has it, so I want it mentality and do what
they can to achieve what they want. Poverty is another indicator because people will do
whatever is necessary to survive. Social disorganization can lend to the cause of crime,
as can inadequate schools and urban sprawl. The strain theory, when there is too much
stress on a person or family that to get away from it and relax or vent their frustration
they turn to crime. With America as a melting pot we also have cultural deviance to take
into account. People are raised differently depending on their culture. The theory of
Marxism within sociology states that there will always be a battle between those who
have and those who have not.

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Bill of Rights
In 1787 America had just won Independence from England, but was struggling
with the formation of a government. They had some documents called the Articles of
Confederation, but the Articles didn’t unify the states and make the country whole.
Under the Articles of Confederation the states had their own laws, banks, but didn’t
have any state armies or militias to protect themselves. To fix this problem all the states
sent a couple of delegates to rewrite the Articles, and thus the Constitution was born.
According to the Constitution, the people in America had the power. Also stated
in the constitution was the right to a jury trial, where criminals could be tried by a jury of
peers. In jury trials, the jury decides what is right or wrong, and can help make and
enforce the rules of society. The Constitution also gave citizens of the United States the
right to bear arms to protect themselves. Even after the Constitution had been adopted
and signed, the states and people noticed things that were mission or not entirely clear.
The delegates then came up with the first ten amendments to the Constitution, known
as the Bill of Rights.
The first amendment states that congress shall make no law establishing religion.
This country was founded on people coming to seek religious freedom, and all of the
laws were created by highly religious men, some of different faiths. This amendment
also protects any other law from being made that would prohibit the exercise of religion
for whatever reason. The first amendment also goes on to say that there can be no law
restricting freedom of speech within reasonable limits. It is against the law to yell fire in
a crowded room or slander another person, but there is no law and can be no law
restricting a person from expressing themselves as long as they do so peacefully.

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Another part of the first amendment is the freedom of the press and the right to
assemble.
The second amendment to the Constitution gives the states the right to form a
militia. This is also the amendment that gives citizens the right to bear arms. The right to
bear arms was given to the citizens so they can protect themselves, not only from bad
people, but also from an oppressive government should our government ever become
oppressive.
The third amendment stated that the people didn’t have to quarter soldiers. This
isn’t a big deal in today’s society, but when the Constitution was first made, citizens
constantly had to make room in their homes for the soldiers, even if they were British.
The fourth amendment is one that comes up constantly in court cases. It states
that there can be no unreasonable searches or seizures by law enforcement or the
government. In order for law enforcement to even search private property a judge must
issue a warrant stating what is being looked for and where the officers are allowed to
look. In order to get a warrant all officers must have a probable cause that can be
backed up in court.
The Fifth Amendment gives people the right to be tried by a grand jury. This does
sometimes vary from state to state because some states will have a preliminary hearing
before a defendant goes to a regular trial to be tried by a jury. The Fifth Amendment
also prohibits double jeopardy, which means that a person cannot be tried twice for the
same crime. It also states that a person can’t be forced to testify against themselves. If
a person is on trial and is asked a question that would compromise this amendment

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they can plead the fifth and not have to answer the question. This part of the
amendment was incorporated into the Miranda Warning that officers are required to give
before interrogating a suspect. The Miranda Warning goes, “you have the right to
remain silent. Anything you say or do can be used against you in a court of law.” The
rest of the Fifth Amendment goes on to state that no person can be deprived of liberty
or property without due process of law.
The sixth amendment gives a suspect/defendant the right to face their accuser.
Court rooms are set up to accommodate this amendment. It also gives people the right
to an attorney, and if someone can’t afford an attorney the state will appoint one for
them. This has also become a part of the Miranda Warning, “you have the right to an
attorney, if you cannot afford an attorney the state will provide one for you”. It gives
people the right to a speedy trial, and the right to subpoena witnesses to come and
testify for or against someone.
The seventh amendment lays out the guidelines for a jury trial. It says how many
people can be on the jury and also states that people have the right to decline to be
tried by a jury and have a bench trial instead.
The eighth amendment says that bail posted for a person cannot exceed the
crime committed. It also states that there can be no cruel or unusual punishment used
as a way to punish for a crime, or to get information from suspects.
The ninth amendment states that the Constitution cannot be used against itself.
The Constitution lays out and protects the rights of the people, and one right cannot be
used against another.

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The tenth and final amendment says that all powers need to be listed under the
Constitution; all the powers not listed are held by the states to do with what they will.

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Criminal Justice
The criminal process follows certain guidelines some of which are set out in the
Constitution. The first is arrests made by a police officer if a person is committing a
felony or class A misdemeanor, and can only happen on the spot if the officer sees the
crime taking place in their presence. The officer can then book the person and have a
bail set for that person for them to get out of jail. If the person who was arrested cannot
afford the bail set they can call a bail bondsman who will pay for ten percent of the bail
and then monitor the person to make sure they don’t jump bail but show up to their
pretrial hearing.
An officer can also choose to arrest and release. The officer can also field card a
person by writing down their name, address, description, and time and place that they
came upon that person or people so that if a crime happens in that area the officer will
already have some suspects. The officer can also choose to hold a person for a small
increment of time.
After an arrest there is always a pre-trial set for the person. This is considered
their first appearance. At the appearance the officer has to show probable cause, that
the suspect did it and that a crime was committed. From here the case is either dropped
or sent to a real trial where the state has to prove beyond a reasonable doubt that the
person in question committed the crime. This usually means that there has to be a
preponderance of evidence, or at least ninety percent to prove that a person committed
a crime beyond a reasonable doubt. After the defendant has been sentenced, especially
if they are found guilty, they have the right to appeal and take the case to a higher court
if they feel like they were wronged.

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The 4th Amendment
Law and law enforcement have to follow the Rule of Law. The rule of law is found
mostly in the fourth amendment that protects against unreasonable search and seizure
of property. Any search done by the government is presumed unreasonable unless a
warrant is issued by a judge. Any evidence seized illegally is in violation of the fourth
amendment, and can be excluded from trials.
To obtain a warrant an officer must show probable cause, and be specific about
what he is looking for. This is known as the exclusionary rule, where any evidence
seized illegally can and will be excluded from trial. To obtain the warrant the officer has
to fill out what is called an affidavit, which means the officer must fill in the probable
cause, if it is based on fresh facts, and most importantly has to state what the officer is
searching for and why they are searching for it.
Should anything be obtained illegally the defendant can ask to suppress the
evidence. This can also happen if they feel that their privacy has been violated because
of the reasonably privacy expectation. The problem with this is that it only covers what
society accepts and is willing to support as private or not.
When officers look for evidence of a crime, the most common things they will
look for will be evidence of the crime, stolen goods, contraband (tools used to commit a
crime or drugs) and all this must be listed on the warrant.
If someone is arrested they become subjected to a search. Cars are given more
leniency to search, and officers don’t normally need warrants to search a car. If a car is
impounded the officer is required to do an inventory of everything in the car, which

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means he can search it. They can ask and get consent from the owner/driver of the car
to search the car. If a car is abandoned on the side of the road, it is considered
abandoned property, which means that it can be searched. Border patrol is allowed to
search cars without ever getting a warrant because of all the drug smuggling that takes
place on the border of the U.S. and Mexico.
One of the growing areas of law enforcement is profiling. Some of the techniques
used in profiling include electronic surveillance, tapping of phone lines, and forward
looking infrared devices. In order for phones to be tapped, there has to be a warrant
from a judge, and it also means that people need to be more careful on what they say
over the phone because there is always a chance that there could be someone else
listening in. In order to have consensual phone taps, only one party of the conversation
has to agree to let officers listen in.
Each state has additional search and seizure requirements that must be met by
agencies as well as the regular requirements laid out in the fourth amendment. Most of
them also say that officers cannot have fishing expeditions at the expense of the people
because it can add unneeded stress.

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Arrests
In law there are two different types of stop that you can make. Terry stops are the
most common type of stop that an officer can make. When an officer does his/her terry
stop he has have articulable suspicion and has to recite facts why the particular criminal
case is taking place. Another name for articulable suspicion, Reasonable suspicion
such as loitering outside a liquor store and checking on how many workers are present
right before its going to close. An officer must probable cause to make an arrestment on
a person; which brings us to our next type of stop, arrest and booking.
When an officer is going to detain someone he can either briefly detain someone
or book the supposed suspect for criminal activity, either way he must have probable
cause as to why he is detaining a person. An officer cannot cite and search someone
without permission being granted by the supposed suspect, unless obtaining a warrant
to search. If under any terry stop an officer cannot thoroughly search a person so he
performs what is called, “A pat down”. When doing a pat down to the suspect the officer
can’t reach into the person’s pockets, but can feel for any weapons or drugs that the
suspect may have. The officer usually should before doing any kind of search ask the
suspect if they hold or have any protruding items, or sharp objects that can cause bodily
harm to them or anyone. If the suspect were to have in possession paraphernalia or
weapons you can ask the suspect to remove them slowly.
Any officer can only arrest when all senses of a crime that has the potential of
being committed or has been committed. Under making an arrest it has to meet the
criteria of classes, A, B, and C misdemeanors, and/or with any felonies; an officer
cannot arrest under any infractions such as a simple traffic stop for speeding. Your

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average citizen can make what is known as a “citizen’s arrest”, they are high risks but
can be made and/or attempted. Arrestments with juveniles run differently due to they
can be detained but can’t be arrested officially. Reasons for juveniles to be
arrested/detained are broader like; runaways, truancies from school, curfew, and
endangerment of the juvenile are all reasons/causes for a juvenile to be
arrested/detained. Studies have shown that states with juvenile truancy laws daytime
burglaries went down by 32%.
A court case in 1936, Brown vs. Mississippi, they declared under the 14th
amendment that no person shall be deprived of their life or liberty without due process
of the law. In 1964 Escobido vs. Illinois, that particular court case broke the 6th
amendment and the 14th amendment, by not giving him an attorney nor releasing him
with holding no conviction of anything. 1966, the Miranda Warning was set in place in
which the officer making the arrest must be informed of his/her rights, “having the right
to remain silent anything you say or do can and will be held against you in the court of
law, having the right to an attorney if you cannot afford one one will be appointed to
you”, if they are going to be interrogated in custody. If the officer is just going to arrest
and book you the officer is not required to read your rights to you but most do anyway.
The exception to reading you your rights are reasons such as: volunteering information
for or from a suspect, threshold investigations, traffic stops, clarifying questions, and
terry stops. The Miranda warning became an official regulation to the officers in 1968
(Miranda vs. Arizona 1966).

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There is a type of manipulation out there that officers cannot do is, entrapment.
Entrapment is when a police officer entices someone to do something that he/she is
unlikely to commit.)

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Identification Process
In the process of identifying a suspect, the officer in immediate area has the
right to briefly detain someone within a reasonable area of where a crime was
committed with any person that fits the description of a suspect. This process is what
they call a, “Show up”. Hypothetically the cop when Identifying a suspect they will put
the victim in backseat of the squad car and uses their high beams on suspect so it
prevents suspect from seeing victim. There is what the law calls a photo array. When a
victim is identifying a suspect four to five people at the show up and ask between the
five to six photos that were taken of possible suspect(s) and they ask non-leading
questions while trying to id the suspect. During a line up the suspects defense lawyer
must be present. These last two Id processes can be misleading due to lack of
knowledge due to impulsiveness and lighting conditions can be major factors that can
cause complications. But some helpful tips are look for unusual id features, DNA can be
the most helpful especially under rape victims.

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The Judicial System
Judicial judges are appointed by the senator within the county/city that they
represent, as for Utah they are appointed by Senator Orrin Hatch. If you are applying for
a supreme court the president will nominate you and has to be approved by and
confirmed by U.S Senate judiciary committee. In the federal judiciary system there are
two different types of people lawyers who wish to retire at the bench and fresh law
graduating students/academic law professors. Twelve to thirteen law candidates all go
an interview where it is generally reduced to the final five after receiving the final five the
governor has 30 days to interview you within that state. The governor wants to know
whether or not you are going to run against his political views which play a major factor
in your hiring process, or whether or not you will conduct proper and fair justice. After
the interview your name will be run up to justice of Supreme Court. If you are hired
federally your job is for life, your pay cannot be reduced. Impeachment or self
resignation is the only way to be fired or laid off, besides being convicted of
misdemeanors or felonies.
There is another form of election and that is, retention election where citizens
choose who they want on the bench. It’s a contested election. Citizens usually vote
based on two things partisan elections which is whether or not law & order will be
served and on how well you do on the debates that will be held. There are currently
twenty-seven states that hold these types of elections and mostly consist of the
southern states. The two things that oppose from running elections within these states
are raising money and law and order debates. On the outcome of debates the
protection lies where the candidate is screened. Let’s say that you are already a judge

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and trying to run again; you have three levels of screening in order to stay in office. If a
judge knows that he will be caught for being convicted of a crime he will resign most
likely before they find out so he gets his retirement.
A certain aspect of being a judge is that you cannot have relations with
witnesses, attorneys, nor law enforcement when a criminal case is being investigated.
In this, 75% of complaints of this sort are sour grapes because the judge has broken
one of these rules which can result in admonishing the judge, with poor conduct, order
to counseling for one year, removed from office for a major cause like felony cases.
Every judge’s nightmare is that of a minority group going against you while you are
trying to be elected.

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Pre-trials and the Adversary System
The personality of the judge will determine how the court will be run. The bailiff is
the one in the courtroom who works closet with the judge. In a court room during trial
there will also be a Guardian ad Litem (in divorce cases to represent child/children), a
defense lawyer, and prosecutor. Court rooms are run off of a team concept, where
everyone works together and cooperates with each other.
If the same prosecutor works with the same defense lawyer, it can benefit both of
them and the people they are representing. It helps to develop a working relationship.
There are some down sides to this concept. The first is that they could become too
close to each other, which could make it hard for the prosecutor to prosecute.
It is also good to have lawyers work with multiple different judges because each
judge is different, and it can give the lawyers more practice, and help to broaden their
perspectives. It is also good in reverse to have one judge work with multiple lawyers
because it can add to the knowledge of the judge, and they can then use that
knowledge on other cases.
The prosecutor is the most important player in a court room. They don’t represent
the police or the victim, they represent the case and facts of what have happened. It is
now required for prosecutors to go on ride-a-longs with police officers. This is so that
they can understand how much work and time is put in to making a case, so that they
don’t get too casual with the cases they get sent.
Judges can ask the prosecutor and defense lawyer if they want to discuss and
come up with a sentence rather than drag the case through court. The judge can’t force

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a settlement though, so if the prosecutor and defense lawyer can’t agree on something
they have to allow it to go to court. Sometimes mediation can help resolve the case so
that it doesn’t have to go on to a full trial. This is the most beneficial to all involved.
There are also specialty courts. There is a drug court, where a person struggling
with drugs can go and get put into expensive (residential) treatment to work on their
problem. If they can stay clean for a year, they can get their kids or anything else that
was taken from them back. There are courts for domestic violence cases and mental
health cases as well.
Before anything goes to court, whether it is pre-trial or a regular trial a pre-
criminal report gets filed with the prosecutor. The prosecutor then does some
investigating and gets all the things they need ready for the trial. The Supreme Court
ruled in Brady vs. Maryland that if one of the lawyers has exculpatory evidence
(evidence indicating innocence), they must share it and let the other lawyer know. There
is also the Bill of Particulars which means to give and share evidence. This is beneficial
because it can mean the difference between a fair trial, or not. Lawyers don’t like
surprises, so it is always better that they communicate and know everything up front. If
a defense lawyer wants to receive information from the prosecutor they have to fill out a
form known as discovery. The prosecutor has to do the same thing if they want to
receive information from the defense.
The problems with sharing information, is that sometimes information can be
withheld, usually by the police. Sometimes police will hold back information that entails
innocence, or they can hold it back because it is not information they want shared with

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the defense attorney. If it is found out that any evidence has been withheld the case is
dismissed, and the person who withheld the information receives a reprimanding.
There are two different ways a case can be dismissed. The first is to dismiss
without prejudice. If a case is dismissed without prejudice it can be filed and opened
again should more evidence come to light, or should the prosecutor request that it is
reopened. The second is to dismiss with prejudice. If a case is dismissed with prejudice,
then it can never be reopened no matter who asks, or what new evidence comes to
light. This is to prevent people from having to be dragged through the same trial over
and over and over again.
Defense lawyers are required by regulations to provide certain information to the
prosecutor at or before the pre-trial. One of those is an alibi showing that the defendant
wasn’t at the crime scene. This usually involves witness statements testifying to the
defendant being somewhere with them. An alibi statement must be provided at least ten
days prior to trial. Another thing the defense lawyer must tell the prosecutor is if they are
going to file a plea of insanity. This must also be filed before a trial.
The most powerful person in the system is the Attorney General (prosecutor).
Mark Shurtliff is the Attorney General in Utah. City prosecutors are appointed to their
positions. Any of the county or state prosecutors are elected by the people. It is the
duty of the prosecutor to see that justice is done. It is also their duty to decide the level
of crime to charge a person with, and whether or not that person should be arrested.
The amount of offense stacked against the defendant is also decided by the prosecutor.
Prosecutors have the authority to dismiss or divert cases. They also decide whether or

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not to offer the defendant a plea of abeyance. A prosecutor can also resist the request
for an expungement of a record.
There are some differences that have been found between police and
prosecutors. The main one is that police are concerned with factual guilt and become
emotionally invested in the cases they are working on. Prosecutors are concerned with
legal guilt, like what they could charge the defendant with. Prosecutors also like to win,
so they make sure that they only charge what they could prove and win with.
Defense lawyers do a lot of research when asked to defend a client. According to
the sixth amendment of the Constitution, defendants have the right to an attorney
whether or not they can provide one for themselves. The job of the defense lawyer is to
represent the defendant in court. The defense lawyer can file for appeals, and also
utilize the Bill of Particulars by filling out the discovery. There is a second universal law
of law that applies to defense lawyers, and that states that everybody lies to their
defense lawyer. To make people more comfortable with telling the truth, they came up
with attorney-client privilege where the attorney cannot tell anyone what was told to
them and will still defend that person as if they hadn’t been told anything.
There is also the spouse privilege. If someone commits a crime and goes home
and tells their spouse, the spouse cannot call the police, or be used to testify against the
partner who committed the crime. They do this because trust in a relationship is
important and it is also believed to be therapeutic for people to have someone they can
confess to.

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There are four types of defense lawyers that can be used to defend a person.
The first is the lawyer that is hired by the person themselves to defend them in court.
The second is the appointed lawyer, who is appointed by the state to defend someone
who cannot afford to hire their own. The third is a private firm who has a contract with
the court to get a certain type of case, and they can have their own private business on
the side. The last is a public defender who is also appointed by the court, but who
specializes in certain types of cases.

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Trial and Appellate System
Prosecutors, under the power of the Constitution, have the power to decide
charges. Prosecutors have the flexibility to pick and choose their cases, and have the
opportunity to screen cases. Defense lawyers don’t have that kind of flexibility; they
have to take people as they walk through the door.
A defense lawyer’s job isn’t to prove innocence. Their job is to raise reasonable
doubt and suspicion in the minds of the judge and jury. It is also a part of their job to
represent the defendant in court. A prosecutors job is file the case, reduce charges, and
sometimes dismiss cases because evidence has changed or is no longer valid.
Prosecutors also prioritize their cases and focus more on the important ones like
domestic abuse (where spouses hurt each other).
There are a few things that can make evidence to circumstantial to be of much
use in the trial. The first is an uncooperative or unreliable victim. The problem here is
that they won’t cooperate or can’t remember or get their story straight. Co-defendant
testimony can also cause a problem, or cause the case to be dismissed. Co-defendant
testimony is where one person will admit to the crime and implicate their partners in
order to be given a lesser sentence for cooperating.
Prosecutors choose what to charge a person with. They don’t have to charge
what the officer charged and arrested for, they can either choose something less than
the officer charged or more, depending on the evidence and what they is likely to win in
court. If the charge is a felony it goes through the metropolis screening panels, and
approves or changes the charge.

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Prosecutors also have to fill out a document called the information which states
the charge and why they are being given that charge. A defense lawyer could also fill
out an information requesting to quash some of the evidence or to get the case
dismissed if it doesn’t move fast enough because then it is in violation of the sixth
amendment.
Defendants and lawyers can also enter into what is known as plea bargaining.
This can bring them to a settlement before trial. There are two different types of
settlements, a charge bargaining and a sentence bargaining. Both of these are
considered negotiated settlements.
To meet a single criminal episode requirement the prosecutor has to file for all
charges on one information document. Then anytime during trial if the defendant wants
to enter a plea, the Boykin Rights must be read to them by a judge. The Boykin Rights
basically breaks down what the defendant is pleading to and what the sentences could
be given. The judge will then ask the defendant if they understand, and if the defendant
says yes, proceedings will move on accordingly.
During trial defendants are presumed innocent they minute they enter the court
room, and that presumption does not change until the end of the trial and they have
been proven guilty, or not-guilty. Thanks to the protection of the Fifth Amendment,
defendants don’t have to testify against themselves, or at all. Prosecutors can make no
comment to the judge or jury that the defendant chose to remain silent, nor make any
indication that it is of importance. If the prosecutor does do or say something to draw

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attention to the defendant’s silence it is considered a reversible error and the case
would be dismissed.
Jury trials are supposed to be fair, and be made up of fair unbiased people. If the
defense lawyer feels that the jury they were assigned is not fair, they can file for a
change of venue. People are chosen for jury duty by being picked from the DMV or
voters registration. People will receive a card in the mail, and have to show up at the
designated day and time. In order to insure that there is an impartial jury on the stand,
the jury must answer certain questions. If a juror is found to be biased, they can be told
to leave. This is known as a challenge for bias. Peremptory challenges don’t require the
defense or prosecution to have a reason to remove a member of the jury.
There are fourteen members who sit on a jury, with two alternates should any of
the members be told to leave, or have an unfortunate accident. The jurors are
sequestered throughout the entire trial and are completely cut off from all forms of
contact and communication until the trial is over.
At the beginning of the trial the prosecutor begins with an opening statement.
They then go on to do a direct examination of any witnesses they call to the stand.
Direct examination means that only open ended questions can be asked, and the
prosecutor can’t lead a witness to say what they want them to say. The defense lawyer
will then cross examine all the witnesses, and is allowed to ask leading questions. After
the prosecution has rested the defense will normally ask for a directed verdict and for
the case to be dismissed. Even if they are denied, it gives the defense lawyer a chance
to hear what the judge is thinking and considers important.

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The defense will now open with an opening statement then do a direct
examination of any witnesses they have called. In the second part of a trial the roles are
switched. It is now the prosecutors turn to conduct cross examinations and be allowed
to ask leading questions of the witnesses. The defense lawyer will then finish and rest.
At this point in the trial both the defense and prosecution will request for a
directed verdict. This is when the jury takes a recess to decide if the defendant is guilty
or not guilty. Jurors base their decision off of the defense and prosecutions closing
statements as well as the statements of the witnesses.
There are two types of evidence that can be used in a trial. The first is direct
evidence, like photos. The second is circumstantial evidence. Expert witnesses can also
be asked to come testify at a trial. Expert witnesses are used when DNA, fingerprints,
etc… are used as evidence during the trial.