System Overview ~~~~~ Presented by: Darcie McElwee

Transcription

1 System Overview ~~~~~ Presented by: Darcie McElwee

2 SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles of professionals in the adult and juvenile justice processes including the dual system of state and federal courts. Discuss the roles and responsibilities of professionals (law enforcement, prosecution, courts, corrections, and juvenile system) along the criminal justice system continuum. Discuss the interactions among individuals and agencies involved in the criminal justice system, challenges and opportunities for collaboration, and the extent to which they support victim participation during each phase of the justice system.

3 OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM ~MAINE~ PRESENTED BY: DARCIE MCELWEE TOPICS OF COVERAGE COURT SYSTEMS CIVIL OR CRIMINAL (THE DIFFERENCE?) KEY PLAYERS IN THE SYSTEM WHAT HAPPENS AFTER POLICE ARRIVE BARRIERS TO PROSECUTION CIVIL LEGAL NEEDS STATE COURT SYSTEM Each state has its own variation, but generally District Court UNIFIED? Superior Court (jury trials) Supreme Judicial Court (Law Court) Other Types of Courts... Probate Court (Estates, Name changes, Adoption, etc.) Pilot Projects & Specialized (Drug/Mental Health)

4 FEDERAL COURT SYSTEM U.S. District Courts U.S. Circuit Courts of Appeal (1 st Circuit) United States Supreme Court Fewer cases, but usually stiffer penalties CIVIL OR CRIMINAL? CIVIL = Plaintiff v. Defendant CRIMINAL = State/US v. Defendant SAME INCIDENT CAN SOMETIMES BE BOTH WHATDOES A CIVIL CASE LOOK LIKE? Plaintiff v. Defendant Seeking $, specific performance, rights, or duties Standard of proof: By Preponderance of the Evidence Judge, Jury, or Family Case Management Officer District or Superior Court EXAMPLES: Divorce and Custody (spouses/parents) Protection from Abuse/Harassment Orders (a/k/a TROs) Child Protective Custody Guardianships (Probate Court) Anything but crimes traffic offenses, boundary disputes, contract disputes, wills, landlord/tenant, personal injury, medical malpractice

5 AND A CRIMINALCASE? State/U.S. v. Defendant Sanctions: jail, fine, restitution, probation, community service Standard of proof: Beyond a Reasonable Doubt (burden on plaintiff) Judge or Jury District or Superior Court EXAMPLES OF MISDEMEANOR CRIMES Assault Criminal Mischief Criminal Restraint Criminal Threatening Criminal Trespass Disorderly Conduct Driving to Endanger Harassment/by Telephone/Electronic Means Reckless Conduct Stalking Terrorizing Unlawful Sexual Contact Violation of Conditions of Release(bail) Violation of Protection Order Class D & E in Maine Punishable by less than one year in jail Considered less serious than felony crimes Almost always in District Court unless charged with at least one felony (exception: Unified Court) EXAMPLES OF FELONY CRIMES Aggravated Assault/Elevated/On Pregnant Women (3 crimes) Class A, B, & C in Maine Burglary Punishable by more than one year Criminal Threatening w/dw in prison Gross Sexual Assault Considered more serious than Kidnapping misdemeanor crime Manslaughter Almost always in Superior Court Murder unless charged immediately Reckless conduct w/dw Robbery Three or more prior assaults/theft Strangulation convictions = felony (new in 2014!) Tampering with a Witness/Victim Two or more DV related Terrorizing w/dangerous Weapon misdemeanor convictions = felony Unlawful Sexual Contact Some misdemeanors w/priors, e.g., assault, stalking, theft

6 PEOPLE IN THE CRIMINAL JUSTICE SYSTEM Law Enforcement ( First Responders ) Advocates (Project, Community, Prosecution Based) Prosecutor Grand Jury Traverse Jury (sometimes called Petit Jury) Judges Corrections/Probation (Adult and Juvenile) Defense Counsel, Private Investigators WHAT HAPPENS AFTER THE POLICE ARRIVE? Arrest (not always) Evidence Collection (statements, photos, objects) Bail Conditions (if arrested, or after arraignment) State files complaint with Court and/or presents to GJ State could refuse to file charges (decline/nolle prosse) GJ could return indictment or no bill BARRIERS TO PROSECUTION Lack of corroborative or sufficient evidence No admissible evidence from victim Key witness/victim unable or unwilling to cooperate Inadequate investigation Overflowing dockets (priorities)

7 AFTERCHARGING DOCUMENT ISFILED Arraignment and entry of plea Not Guilty, Not Guilty by Reason of Insanity, Guilty, Nolo Contendre Bail (or continued) Pre trial Motions (to suppress or dismiss, e.g.) Trial in District Court or Transfer to Superior Court Verdict Sentencing Appeal Revocation of Probation/Supervised Release SENTENCING VWA, DA and Judge should ask for input from victim The victim can have a great deal of influence Consider impact on victim, concern for retaliation Should be a positive experience for victim, closure Past conduct of Defendant may be used, even if no prior conviction SENTENCING OPTIONS Incarceration Fine Restitution Probation w/ conditions (no contact, counseling, e.g.) BIP must be state certified Community service Split sentence (imprisonment plus supervision) Administrative Discharge Deferred Disposition

8 COLLATERAL CONSEQUENCES OF CONVICTION DNA Registry Sex Offender Registry Prohibition on Possession of Firearms Suspension of Professional Licenses Loss of Employment Immigration Consequences Child Support/Custody problems OVERCOMING THE BARRIERS Educate the victim, be patient with repeated questions Over support emotional and logistical Seek corroboration (photos, letters, tapes, broken objects, torn clothes, witnesses, medical records and medical professionals) Educate providers outside the system (support system) Train everyone in the system, yes attorneys, too! Become knowledgeable about resources COMMON ACCOMPANYING VICTIM ISSUES Protection from Abuse Orders Divorce, Parental Rights Orders Asset Protection Establishing Credit Name Change Child Protective Orders Real Estate Transactions

9 QUESTIONS? OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM PRESENTED BY: HOPE FLYNN TOPICS OF COVERAGE COURT SYSTEMS CIVIL OR CRIMINAL (THE DIFFERENCE?) KEY PLAYERS IN THE SYSTEM AFTER POLICE ARRIVE? BARRIERS TO PROSECUTION CIVIL LEGAL NEEDS

10 STATE COURT SYSTEM Each state has its own variation, but in New Hampshire Circuit (District) Court Superior Court (jury trials) Supreme Judicial Court (Law Court) Other Types of Courts... Probate Court (estates, name changes, adoption, etc.) Pilot Projects & Specialized (Drug/Mental Health) FEDERAL COURT SYSTEM U.S. District Courts U.S. Circuit Courts of Appeal (1 st Circuit) United States Supreme Court Fewer cases, but stiffer penalties CIVIL OR CRIMINAL? CIVIL = Plaintiff v. Defendant CRIMINAL = State/US v. Defendant SAME INCIDENT CAN SOMETIMES BE BOTH

11 WHATDOES A CIVIL CASE LOOK LIKE? Plaintiff v. Defendant Seeking $, specific performance, rights, or duties Standard of proof: By Preponderance of the Evidence Judge, Jury, or Family Case Management Officer Circuit (District) or Superior Court EXAMPLES: Divorce and Custody (spouses/parents) Protection from Abuse/Harassment Orders (TROs) Child Protective Custody Guardianships (Probate Court) Anything but crimes traffic offenses, boundary disputes, contract disputes, wills, landlord/tenant, personal injury, medical malpractice AND A CRIMINALCASE? State/U.S. v. Defendant Sanctions: jail, fine, restitution, probation, community service Standard of proof: Beyond a Reasonable Doubt (burden on plaintiff) Judge or Jury District or Superior Court EXAMPLES OF MISDEMEANOR CRIMES Assault Criminal Mischief Obstructing Report of a Crime False Imprisonment Criminal Threatening Criminal Trespass Disorderly Conduct Harassment Reckless Conduct Stalking Sexual Assault Violation of Protection Order Class A & B in NH Punishable by less than one year in jail if Class A Punishable by fine if Class B Considered less serious than felony crimes Almost always in District Court unless charged with at least one felony

12 EXAMPLES OF FELONY CRIMES First & Second Degree Assault Class A, B, & Special in NH Strangulation Punishable by more than one year Burglary in prison Criminal Threatening w/dw Considered more serious than Criminal Restraint misdemeanor crime AFSA and FSA Always tried and resolved in Kidnapping Superior Court Manslaughter & Murder Reckless conduct w/dw Robbery Witness Tampering Terrorizing w/dangerous Weapon Possession of Child Pornography Some misdemeanors w/priors, e.g., stalking, theft, VPO PEOPLE IN THE CRIMINAL JUSTICE SYSTEM Law Enforcement ( First Responders ) Advocates (Project, Community, Prosecution Based) Prosecutor Grand Jury Traverse Jury (sometimes called Petit Jury) Judges Corrections/Probation (Adult and Juvenile) Defense Counsel, Private Investigators WHAT HAPPENS AFTER THE POLICE ARRIVE? Arrest (not always) Evidence Collection (statements, photos, objects) Bail Conditions (if arrested, or after arraignment) State files complaint with Court and/or presents to GJ State could refuse to file charges (decline/nolle prosse) GJ could return indictment or no bill On going investigation (911 calls, photos, jail calls)

13 BARRIERS TO PROSECUTION Lack of corroborative or sufficient evidence No admissible evidence from victim Key witness/victim unable or unwilling to cooperate Inadequate investigation Think outside the box use jail calls Medical records AFTERCHARGING DOCUMENT ISFILED Arraignment and entry of plea Not Guilty, Not Guilty by Reason of Insanity, Guilty, Nolo Contendre Bail (or continued) Pre trial Motions (to suppress or dismiss, e.g.) Trial in District Court or Transfer to Superior Court Verdict Sentencing Appeal Revocation of Probation/Supervised Release SENTENCING VWA, DA and Judge should ask for input from victim The victim can have a great deal of influence Consider impact on victim, concern for retaliation Should be a positive experience for victim, closure Past conduct of Defendant may be used, even if no prior conviction

14 SENTENCING OPTIONS Incarceration Fine Restitution Probation w/ conditions (no contact, counseling, e.g.) BIP Community service No contact orders Substance abuse counseling COLLATERAL CONSEQUENCES OF CONVICTION DNA Registry Sex Offender Registry Prohibition on Possession of Firearms Suspension of Professional Licenses Loss of Employment Immigration Consequences Child Support/Custody problems OVERCOMING THE BARRIERS Educate the victim, be patient with repeated questions Over support emotional and logistical Seek corroboration (photos, letters, tapes, broken objects, torn clothes, witnesses, medical records and medical professionals) Educate providers outside the system (support system) Train everyone in the system, yes attorneys, too! Become knowledgeable about resources

15 COMMON ACCOMPANYING VICTIM ISSUES Protective Orders Divorce, Parental Rights Orders Asset Protection Establishing Credit Name Change Child Protective Orders Real Estate Transactions QUESTIONS?