Criminal Justice System Review

LAW

The Foundations of Law:

  • Sources of Law:   - State Statutes (KRS - Kentucky Revised Statutes)   - City/County Ordinances (RCO - Revised City Ordinances)   - Constitutions (Kentucky and U.S.)

  • Interpretation:   - Courts interpret these laws.

Importance of Law:

  • Establishes fundamental aspects of governance and law enforcement including:   - Who we are as a police force.   - What law enforcement does in their job.   - When law enforcement can execute their functions.   - Where law enforcement performs their duties.   - Why law enforcement performs their roles.   - How law enforcement conducts their operations.

  • Quote of Note: "Don’t quote the KRS, Quote the Victim."

Jurisdiction Explained:

  • Definition: Jurisdiction refers to the authority of a court to deal with a person, issue, incident, or event.

  • Types of Jurisdiction:   - Original Jurisdiction: Power to conduct trials.   - Appellate Jurisdiction: Authority to review lower court procedures, decisions, or actions to determine if errors occurred.

Objectives of Law Enforcement:

  1. Define the goals of law enforcement, courts, and corrections.

  2. Identify the jurisdiction distinctions between Federal and State law enforcement.

  3. Understand Kentucky’s court structure and the duties of officials within the court system.

  4. Recognize victim-witness rights provided by Kentucky law.

  5. Define the term under Kentucky law that refers to all sworn law enforcement officials.

  6. Distinguish between the authority held by Federal and State & Local law enforcement.

  7. Identify what constitutes Part 1 crimes.

  8. Know the main investigative agencies of the Federal government in Kentucky.

  9. Define the role of a peace officer in the Kentucky Criminal Justice System.

Criminal Justice System Overview

Components of the Criminal Justice System:

  • Comprises Law Enforcement, Courts, and Corrections.

  • Consists of inter-related components forming a complex whole.

Goals of Law Enforcement:

  • Primary Objectives:   - Prevent crimes.   - Investigate crimes.   - Apprehend criminal offenders.

Strategies for Law Enforcement Goals:

  • To Prevent Crimes:   - Visibility through presence, uniforms, and marked vehicles.

  • To Investigate Crimes:   - Engagement with citizens for information gathering.

  • To Apprehend Criminals:   - Conducting successful investigations.

Additional Duties of Law Enforcement:

  • Maintaining peace.

  • Traffic control and collision investigations.

  • Public information dissemination.

  • Providing emergency medical treatment when necessary.

Major Themes in Law Enforcement:

  1. Local Autonomy:    - Local governance where people elect the Mayor, and the Mayor appoints the Chief of Police.

  2. Avoidance of National Police:    - Concern that a national police force could threaten individual liberties.    - In the U.S., there is no national agency with general police power.

Federal Bureau of Investigation (FBI)

Overview of the FBI:

  • Serves as the primary investigative arm of the U.S. Government.

  • Jurisdiction covers almost all violations of federal criminal law unless designated to another agency.

  • Specific Jurisdiction includes:   - Kidnapping   - Bank robbery   - Extortion via mail   - Interstate transportation of stolen goods   - Handling terrorist incidents.

  • Tools for Crime Fighting:   - National Crime Information Center (NCIC) provides a centralized database for law enforcement, accessible to local agencies.

Part 1 Crimes Defined:

  • List of Part 1 Crimes:   - Homicide   - Forcible rape/sodomy   - Robbery   - Aggravated assault   - Burglary   - Larceny   - Motor vehicle theft

Kentucky State Level Law Enforcement Agencies

Definition of Peace Officers:

  • All sworn law enforcement officials in Kentucky are classified as Peace Officers.

Major State-Level Agencies in Kentucky:

  • Kentucky State Police (KSP)

  • Fish and Wildlife Enforcement

  • Park Rangers

  • Attorney General Investigators

  • Alcoholic Beverage Control (ABC)

  • Charitable Gaming Investigators

  • KRS 164.950-.980: Authorizes state universities to establish their own police departments, limited to the university's campus and adjacent areas.

Authority of KSP:

  • KSP holds general statewide law enforcement authority.

County Level Law Enforcement in Kentucky

County Level Positions:

  • Roles Include:   - Sheriff   - Coroner   - County police   - Constable   - City police   - Merged Government Police Departments (e.g., in Lexington and Louisville)

Sheriff:

  • A constitutional office with a 4-year term of service.

  • Duties:   - Law enforcement   - Tax collection   - Election duties   - Services to the courts

  • Has arrest, investigative, interrogative, search, and seizure powers akin to a peace officer.

Coroner:

  • Elected for a 4-year term.

  • Responsible for determining the cause of death.

  • Must investigate specific types of death cases (KRS 72.405(2)) and sign death certificates as evidence.

County Police and Constables:

  • County Police: Created by the county judge/executive.

  • Constables: Serve as constitutional officers, their funding depends solely on service charge fees.

City Police:

  • Each city may establish a police department, but not all do.

  • KRS 95.019 grants city police similar powers to sheriffs and constables along with defined geographic jurisdiction.

Interlocal Cooperation Act (KRS 65.210-300)

Purpose of the Act:

  • Attempt to address issues related to fragmentation and localization of services.

  • Allows public agencies to enter into formal agreements for mutual service and facility provisions.

Authority of Peace Officers:

  • Federal laws grant state and local peace officers the power to enforce federal criminal laws under prescribed circumstances.

Kentucky Court Structure

Objectives of the Court System:

  • Two primary jurisdiction types in the U.S.: Federal and State.

  • Each court has a defined jurisdiction ranging from highest (U.S. Supreme Court) to lowest (trial courts).

Structure of Federal Courts:

  1. U.S. Supreme Court (Highest jurisdiction)

  2. U.S. Circuit Court of Appeal (Middle jurisdiction, Kentucky is in the 6th Circuit with Michigan, Ohio, and Tennessee)

  3. U.S. District Courts (Trial courts, lowest level, Kentucky has Eastern and Western districts).

Structure of Kentucky Courts:

  • Unified KY Court System: All courts and judges handle both civil and criminal cases.

  • Hierarchy of Courts:   - District Court   - Circuit Courts   - Court of Appeals   - Supreme Court

  • Judicial Structure:   - All KY courts operate under the state government; no local court systems exist.   - Chief Justice of the Supreme Court heads the Court of Justice.   - All judges must be attorneys.

  • Appellate Courts:   - Do not hold trials but handle appeals from lower courts.

  • Trial Courts:   - First to hear facts and issue judgments.   - District Courts are lowest and have no appellate jurisdiction; handle both criminal and civil matters.

  • Judicial Terms:   - District judges elected for 4-year terms.   - Circuit judges elected for 8-year terms.   - Kentucky has 60 judicial districts and 57 judicial circuits.

Court of Appeals:

  • Jurisdiction: Appellate jurisdiction only, consists of 14 judges, and decisions require a majority vote.

Supreme Court:

  • Jurisdiction: Appellate jurisdiction only, consists of 7 justices, with one elected as the Chief Justice for a 4-year term.

Court Officials:

  • Key Positions:   - Judge (Lawyer)   - Prosecutor Attorney (Lawyer)   - Defense Attorney (Lawyer)

Corrections System

Overview of Corrections:

  • Goal: To carry out the punishment prescribed as a result of criminal convictions.

Types of Punishment:

  1. Incarceration: Including prison, jail, and house arrest.

  2. Probation: Supervised release under certain conditions.

  3. Parole: Early release from prison under supervision, for which an individual must generally have positive behavioral history.

  4. Fines: Financial penalties imposed as part of sentencing.

Specifics on Incarceration:

  • Felons usually serve sentences in state prison while misdemeanor offenders serve in county jails.

  • Parole is specifically for felony offenders not otherwise eligible for regular parole.

Additional Information:**

  • Kentucky Officer Online Lookup (K.O.O.L): A searchable system for incarcerated individuals on parole for felony convictions.

  • State Prison: Operated by the Department of Corrections, with security levels and factors influencing parole evaluations including length of the sentence, prior convictions, seriousness of offenses, available space, and special needs.

  • Kentucky State Penitentiary in Eddyville: The only maximum-security facility for men.

  • Local Jails: Funded and operated by counties, with jailers being constitutionally elected officers serving four-year terms.

  • Law Enforcement Responsibilities to Victims: Ensure victims receive information on protective, emergency, social, and medical services.

Powers of Arrest

Learning Objectives:

  1. Determine the level of evidence required for various aspects of law enforcement actions.    a. To charge someone with a crime.    b. To obtain an arrest warrant.    c. To carry out an arrest.    d. For search warrant issuance.    e. For Grand Jury indictment.

  2. Discuss the five forms of charging documents.

  3. Describe how to fill out a post-arrest complaint.

  4. Explain what a felony preliminary hearing is, including prosecutor requirements.

Level of Evidence to Charge:

  • Probable Cause is required to initiate charges, obtain warrants, conduct arrests, and gain indictments.

Arrest Protocols:

  • With a Warrant:   - A complaint or evidence must show Probable Cause.

  • Without a Warrant:   - Officers must still possess Probable Cause.   - Charges brought under these warrants must reflect sufficient evidence for the Grand Jury.

Sources for Evidence:

  • Gained via:   - Direct reports from citizens to charging authorities.   - Investigative outcomes by law enforcement officers.

  • Charging Documents:   - Official documents filed to bring criminal charges against a suspect by authorized personnel.

Types of Charging Documents:

  1. Indictment: Issued by a Grand Jury, stating evidence of a felony.

  2. Information: Filed by a prosecutor, charging an offense, bypassing grand jury.

  3. Criminal Complaint: A statement of facts sworn before a judge, capable of being initiated by any individual.

  4. Post-Arrest Complaint: Used when arrests happen without a warrant, specifying the offense and detailing probable cause.

  5. Citation: Issued without arrest requiring court appearance for specified offenses.

Post-Arrest Procedures:**

  • After an Arrest Without a Warrant: A complaint must be completed by the arresting officer.   - Must include:     - Offense charged.     - Facts presenting probable cause.     - Signature of the arresting officer.

Getting a Person Before Court:

  • Methods include:   - Warrant: Court-ordered arrest.   - Summons: Court directive for attendance.   - Citation: Officer's directive.   - Arrest: Directly brings individual into custody.

Arrest with Warrant:

  • Definition:   - An official document directing peace officers to arrest a person based on probable cause provided by a judge.   - Must contain the signature of the issuing officer and a statement of the date issued along with the court return location.

Execution of Warrants:

  • Can be executed by any peace officer upon encountering a warrant.

  • Peace officers do not require warrant possession at the time of the arrest but must inform the defendant of the charges and warrant status.

Criminal Summons Explained:

  • Issued upon probable cause directing a defendant to appear. Must be:   - Served personally by any authorized peace officer.   - Accompanied by relevant information contained within.

Arrest Without a Warrant:

  • Requires:   - Probable Cause that an arrestable offense is occurring.   - Proper documentation of the offense through a post-arrest complaint upon detention.

Jail Procedures Following Arrest:

  • Pre-Trial Release:   - Pre-trial decisions made by a judge regarding the release of a defendant before trial.   - Involves assessment by a pre-trial officer.

Bail:

  • Referencing property or money deposited with the court to ensure compliance with court orders post-arrest.

  • Bail Bond: Security pledged for release ensuring court appearance.

Court Appearances:

  1. Initial Appearance

  2. Felony Preliminary Hearing

  3. Grand Jury Review

  4. Arraignment

  5. Pre-Trial Conference

Initial Appearance Details:

  • Conducted within 24-48 hours, can be remote.

  • Includes:   - Verbal charge explanation and rights overview by a judge.

Felony Preliminary Hearing:

  • Critical in felony cases for establishing probable cause.

  • If the prosecutor fails to demonstrate probable cause, charges are dismissed.

Grand Jury Procedures:

  • A citizen body determined to assess potential criminal activity and warrant indictment.

  • Proceedings are private and confidential.

Procedure After Indictment - Arraignment:

  • The defendant officially responds to charges, usually through a plea entered in court.

Pre-Trial Conference:

  • Scheduled after the arraignment for evidence sharing and potential plea bargaining.

  • May set dates for trials or status hearings.

Review

Levels of Proof Required for Legal Actions:

  • To Arrest with or without a warrant: Probable Cause.

  • Five Charging Documents:   - Indictment   - Information   - Post-Arrest Complaint   - Criminal Complaint   - Citation

  • If Arrested Without Warrant::   - Complete a Post-Arrest Complaint.

  • Form Used for Complaints:   - Kentucky Uniform Form.

  • Requirements for Charging Document:   - Offense charged, facts providing probable cause, signature of the arresting officer.

  • Outcome of a Preliminary Hearing Without Probable Cause:   - Charges dismissed.

  • Indictments Issued By:   - A Grand Jury; confirms sufficient evidence for formal charges.

  • Defendant's Response to Charges is Known As:   - A plea at arraignment.