Unit-2_Lesson-1.pdf

Unit 2 Legal Lesson 1 Criminal Justice System and Components Lesson Goal You will be able to work within the larger criminal justice system by understanding your important role. Think About This Given what we have discussed so far, you may think that you will interact only with inmates and...

Unit 2 Legal Lesson 1 Criminal Justice System and Components Lesson Goal You will be able to work within the larger criminal justice system by understanding your important role. Think About This Given what we have discussed so far, you may think that you will interact only with inmates and fel- low correctional officers throughout your career. The truth is that you will also be interacting with members of law enforcement and the courts. You may work with law enforcement to transport an inmate, or be called to court to testify about a crime committed in your facility. For these reasons and others, it is important that you understand the criminal justice system as a whole, as well as how corrections and a correctional officer fit into that system. Structure of the U.S. Criminal Justice System ✅ CO121.1. Know the role of the correctional officer as it relates to the criminal justice system A correctional officer is part of a large, complex, interrelated group known as the criminal justice system. Correctional officers play an important role in the criminal justice system and interact regu- larly with other components. An officer’s ability to interact effectively within the organizational network directly affects the officer’s job performance. The correctional officer is responsible for the care, custody, and control of inmates in a municipal or county jail, state correctional institu- tion, or similar form of secure supervision. ✅ CO121.2. Know the major components of the U.S. criminal justice system Criminal justice refers to the structures, functions, and decision-making processes of those agen- cies that deal with the management and control of crime and criminal offenders. The three main components of the criminal justice system are law enforcement, the court system, and corrections. Law enforcement, as its name implies, is responsible for enforcing and maintaining civil order. The court system is responsible for the interpretation of federal and state laws. Corrections is the part of the system responsible for enforcing penalties as defined by the court system and for the care, custody, and control of inmates and pretrial detainees. Chapter 1 Introduction to Corrections / 17 Law Enforcement Agencies There are four levels of law enforcement agencies within the United States: local or municipal, county, state, and federal (U.S. government agencies). ✅ CO121.3. Know the basic types of U.S. law enforcement agencies Local or municipal law enforcement agencies enforce the ordinances of the municipality as well as state laws within the jurisdiction of the agency. Examples of local law enforcement agencies are city police departments and public safety departments. The job of county law enforcement agencies is to enforce county ordinances and state laws within the county. Traditionally, they also handle unincorporated areas, the county jail, and civil process- ing. A sheriff’s office is an example of a county law enforcement agency. State law enforcement agencies are responsible for enforcing state laws within the state. Examples of state law enforcement agencies include FDLE, the Florida Highway Patrol, and the Florida Fish and Wildlife Conservation Commission. Federal law enforcement agencies enforce federal laws across state lines and within the states. Examples of federal law enforcement agencies include the Federal Bureau of Investigation, the U.S. Marshals Service, and the U.S. Immigration and Customs Enforcement. The Court System ✅ CO121.4. Know the structure and duties of the U.S. and Florida court systems The judicial system directly affects the inmates a correctional officer supervises. The court system in the United States includes county, state, and federal courts. State judges in Florida are elected or appointed by the governor, while the president appoints federal judges. The federal courts are the highest courts in the United States and generally take precedence over the state courts. There are courts of general jurisdiction and limited jurisdiction. Jurisdiction means the types of cases in which the court can make decisions. Federal courts hear only cases that are violations of federal laws, including constitutional violations. State courts hear cases involving violations of state law. Courts of limited jurisdiction decide only a limited set of case types. Florida State Court System The state court system in Florida is made up of four levels: The 67 county courts in Florida have limited jurisdiction and handle the following legal issues: minor criminal offenses (misdemeanors), which provide a maximum sentence of one year or less in the county jail county and municipal ordinance violations, including traffic infractions (some counties use hearing officers for these cases) 18 / Florida Basic Recruit Training Program (CO): Volume 1  civil cases involving amounts of $50,000 or less and small claims disputes (less than $8,000) issuance of search and arrest warrants within the county The 20 circuit courts in Florida handle the following legal issues: domestic relations cases, such as dissolution of marriage (divorce), guardianship, and juvenile delinquency major criminal offenses (felonies), which can result in imprisonment in a state correctional institution probate matters, such as the processing of wills and settling of the estates of deceased persons civil cases involving amounts greater than $50,000 Baker Act and Marchman Act cases issuance of search and arrest warrants within the circuit appeals from county court judgments, except when a state statute or provision of the state constitution is held invalid The five district courts of appeal (DCA) in Florida decide appeals from circuit courts in most crimi- nal and civil cases. The Florida Supreme Court, which consists of seven justices who are appointed by the governor, is the highest court in the state. The supreme court hears cases such as final orders that impose death sentences and appeals from lower state courts. U.S. Federal Court System U.S. District Courts are the federal trial courts presided over by U.S. district judges, who are assisted by magistrates. Magistrates are appointed by district judges and issue warrants, make pretrial motions, and preside over some civil cases, misdemeanor trials, petty cases, and preliminary hearings. The scope of the federal judiciary system includes all federal codes (criminal, civil, and administra- tive) in all 50 states, U.S. territories, and the District of Columbia. The U.S. Courts of Appeal (formerly known as the Circuit Courts of Appeals) make decisions on appeals from lower federal courts that are subject to review in the U.S. Supreme Court. The U.S. Supreme Court is the highest court in the United States and the chief authority in the judicial branch, one of three branches of the U.S. federal government. The Court hears appeals from the decisions of lower federal courts and state supreme courts and resolves issues of consti- tutional and federal law. It stands as the ultimate authority in constitutional interpretation, and its decisions can be changed only by a constitutional amendment. Chapter 1 Introduction to Corrections / 19 The Supreme Court’s most important responsibility is to decide cases that raise questions of consti- tutional interpretation. The Court decides if a law or government action violates the Constitution. This power, known as judicial review, enables the Court to invalidate both federal and state laws when they conflict with its interpretation of the Constitution. The Correctional System ✅ CO121.5. Understand the function of the correctional system The corrections system in the U.S. has institutions at the local or municipal, county, state, and federal level. A general overview of the corrections system in Florida includes the following components: federal and state prisons; county jails; county and municipal holding facilities; treatment and evalu- ation centers; and probation, parole, and community control. ✅ CO121.6. Know the components of the correctional system in Florida Federal and state prisons are correctional institutions maintained by the federal and state govern- ments for the confinement of convicted felons. County jails are used for in-processing and temporary detention of defendants awaiting trial or disposition on federal or state charges and of convicted offenders sentenced to short-term deten- tion (a year or less). County jails may also hold convicted felons returned from prison for court appearances. County and municipal holding facilities provide a place for detainees to stay while booking proce- dures are completed or until transported to a county jail. Treatment and evaluation centers are designed to meet the special needs of particular offenders. Treatment centers deal with offenders who misuse substances or are mentally ill. In addition to general processing procedures, various testing (such as, medical, mental, educational aptitude) is performed at these facilities. Probation, parole, and community control are parts of a community-based correctional system. Their purpose is to supervise the enforcement of specific restrictions on people who have received an alternative to incarceration. Probation is a court-ordered sentence that places a person under the supervision of a probation officer under specified court-ordered terms and conditions. Parole is the release of an inmate from a correctional institution before the inmate’s court-imposed sentence ends. Community control (house arrest) is a form of closely monitored community supervision and is more restrictive than probation or parole. Juvenile assessment/detention centers are where juvenile suspects are taken for processing and possible pretrial detention. 20 / Florida Basic Recruit Training Program (CO): Volume 1 The Florida Department of Corrections The Florida Department of Corrections is Florida’s largest state agency. The department adminis- ters state prisons and state probation in Florida. It employs correctional officers and correctional probation officers to provide security for and to supervise inmates and offenders. The department has two main divisions overseeing inmates and offenders: the Office of Institu- tions and the Office of Community Corrections. The Office of Institutions manages facilities where inmates reside while the Office of Community Corrections oversees supervision programs, includ- ing probation and community control. Chapter 1 Introduction to Corrections / 21