Orientation To Criminal Justice System

Question 1

Describe two ways in which the criminal justice system has changed throughout the history of the US?

Answer 1

The first publicly funded, organized police force with officers on duty full-time was created in Boston in 1838.

By the late 1880s, all major US cities had police forces.

Question 2

Outline the process of misdemeanor case through the criminal justice system.

Answer 2

Charges filed, Arraignment, Pretrial, Plea, Trial, and Sentencing

Question 3

Outline the process of a felony case through the criminal justice system

Answer 3

Charges, grand jury, arraignment, pretrial, Plea, Trial and Sentencing

Question 4

Describe how the juvenile system and the adult system differ

Answer 4

Juveniles are prosecuted for delinquent acts.
Juveniles don’t have a right to a public trial by jury.
Juveniles have adjudication hearing.
Juvenile system goal is to rehabilitate and serve the minor’s best interest.
Juvenile courts are often more informal than those for adults.

Question 5

Describe the role of police in the Reentry and Reintegration processes.

Answer 5

When the offender will be released, whether specific release conditions will be establishes, where the offender will live and work, and how the offender will address his/her ongoing treatments needed.

Question 6

What is writ of habeas corpus?

Answer 6

A writ of habeas corpus is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to court issuing the order and to show a valid reason for that person’s detention.

Question 7

What are the 3 tier hierarchical structure?

Answer 7

U.S Supreme Court, U.S Courts of Appeals, and U.S District Courts

Question 8

US Supreme Court

Answer 8

The highest court on the American judicial system.
Only court mandated by United Stated Constitution.
1 chief justice and 8 justices
Primarily and appellate court

Question 9

US Courts of Appeals

Answer 9

13 courts, with 12 geographic and1 federal in D.C Criminal appeals to this court must be based on the defendant was denied a fair trial

Question 10

US District Courts

Answer 10

There are 94 trial courts in the federal system and serve as a court of original jurisdiction for all federal trials.

Question 11

When was juvenile court first established?

Answer 11

In Illinois in 1899, provides minor with supervision, guidance and education.

Question 12

Mapp V Ohio(1961)

Answer 12

US Supreme Court requires stated to use the exclusionary rule. ( Applies to 5th amendment)

Question 13

Escobedo V. Illinois (1964)

Answer 13

A United Stated Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.

Question 14

Miranda V Arizona (1966)

Answer 14

Decided by the Supreme Court held that the Constitution’s Fifth Amendment prohibition against self-incrimination applied to an individual in police custody or ‘deprived of his freedom of action in any significant way

Question 15

What is the statue of limitation for misdemeanors and felonies?

Answer 15

Less than one year for misdemeanors.
Three years for felonies.

Question 16

Complaint Vs Information

Answer 16

Complaint is a document filled out by a police officer detailing the alleged offense.
Information is a document completed by a prosecutor and files with court to initiate criminal court proceedings.

Question 17

All charging documents, complaints, information, and indictments must include…

Answer 17

1. Name of the alleged offense.
2. Statutory provision alleged to have been violated
3. Nature and elements of the offense charged
4. Date and county of the offense
5. Name of the accused, if known. If the name is not known, a description of the accused is included by which he or she may be identified with reasonable certainty

Question 18

Within 30 days of arrest…

Answer 18

A defendant who is in custody must have a preliminary hearing or be charged by indictment, or be released for custody

Question 19

Deadline for a preliminary hearing and/or indictment…

Answer 19

60 days for those not in custody. The time limit may be extended further when the delay is caused by the defendant or for competency issues.

Question 20

725 ILCS 5/111-3
Form of charge

Answer 20

(a) A charge shall be in writing and allege the commission of an offense by:
(1) Stating the name of the offense
(2) Citing the statutory provision alleged to have been violated
(3) Setting forth the nature and elements of the offense charged

Question 21

Indictment by Grand Jury

Answer 21

A Grand Jury is a body of 16 citizens (12 are required for a quorum).
Prosecutors present evidence about the case to the Grand Jury. The defendant is typically not present unless requested by prosecutor or subpoenaed by the Grand Jury.

Question 22

Probation Misdemeanor

Answer 22

The period of probation for misdemeanor may not be longer than two years

Question 23

Probation Class 3 or 4 Felony

Answer 23

Cannot exceed 30 months.

Question 24

Probation Class 1 or 2 Felony

Answer 24

Cannot exceed four years

Question 25

Class X Felony

Answer 25

Is not eligible for probation

Question 26

Periodic Imprisonment

Answer 26

Requires an offender to report to a county jail or state correctional facility daily for a specific period of time

Question 27

County Jail Class A Misdemeanor

Answer 27

Less than 1 year in jail

Question 28

County Jail Class B misdemeanor

Answer 28

Up to 6 months on jail

Question 29

County Jail Class C Misdemeanor

Answer 29

Up to 30 days in jail

Question 30

Prison First degree murder

Answer 30

20 to 60 years imprisonment, 3 years mandatory supervised release

Question 31

Prison Class X Felonies

Answer 31

6 to 30 years imprisonment, 3 years mandatory supervised release

Question 32

Prison Class 1 Felonies

Answer 32

4 to 15 years imprisonment, 2 yrs mandatory supervised release

Question 33

Prison Class 2 Felonies

Answer 33

3 to 7 years imprisonment, 2 years Mandatory Supervised Release

Question 34

Prison Class 3 Felonies

Answer 34

2 to 5 years imprisonment, 1 years Mandatory Supervised Release

Question 35

Prison Class 4 Felonies

Answer 35

1 to 3 years imprisonment, 1 year Mandatory Supervised Release

Question 36

Death Penalty/Capital punishment

Answer 36

On March 9, 2011, Governor Quinn signed into law Public Act 096-1543, abolishing the death penalty in Illinois, effective July 1, 2011.

Question 37

Fines Felony Offense

Answer 37

$25,000 Max

Question 37

Fines Class A Misdemeanor

Answer 37

$2,500 Max

Question 38

Fines Class B or C Misdemeanor

Answer 38

$1,500 Max

Question 39

Appeals

Answer 39

After a judge makes a final ruling on the defendant’s post-trial motion, the defendant has 30 days to file a notice of appeal.

Question 40

Executive Pardon

Answer 40

an act by a governor or the president that forgives the prisoner and rescinds the sentence

Question 41

Commutation of sentence

Answer 41

reduction in the severity or length of an inmate’s sentence, issues by a state governor or the president

Question 42

The SARA Model

Answer 42

Scanning, Analysis, Response and Assessment

Question 43

Rights of Victims of crime in Illinois

Answer 43

(1) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process
(2) The right to notification of court proceedings
(3) The right to communicate with the prosecution
(4) The right to make a statement to court at sentencing
(5) The right to information about the conviction, sentence, imprisonment and release of the accused

Question 44

Rights of victims of crime in Illinois (continued)

Answer 44

(6) The right to the timely disposition of the case following the arrest of the accused
(7) The right to be reasonably protected from the accused through the criminal justice process
(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial
(9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim’s choice
(10) The right to restitution