Who decides how
the criminal justice system works?
Though legislators
have relatively unfettered power to decide whether a certain
behavior should be a crime, many rules limit the ways in
which the state or federal government can prosecute someone
for a crime. These restrictions start with the U.S.
Constitution's Bill of Rights, which provides basic
protections-such as the right to refuse to testify against
oneself, the right to confront one's accusers and the right
to a trial by jury-for people charged with crimes. State
constitutions may increase (but not take away from) the
federal protections. Federal and state legislatures can pass
laws governing how criminal procedures work in their
jurisdictions, but these laws cannot reduce the protections
offered by the federal and state constitutions.
The interplay
between constitutional provisions and legislative enactments
is regulated by our courts. Courts decide whether or not a
particular legislative rule, court practice or police action
is permissible under federal and state constitutional law.
What may seem like a slight variation from one case to
another can be, in the eyes of a court, the determining
factor that leads to a vastly different result. For example,
a police officer is frisking a suspect on the street and
feels a hard object in the suspect's pocket. Suspecting that
the object is a possible weapon, the officer reaches into
the pocket and finds both a cardboard cigarette box and a
packet of heroin. This action by the police officer --
reaching into the pocket -- would be deemed a permissible
search under the rulings of most courts (to protect the
officer's safety), and the heroin could be admitted into
court as evidence. However, if the object felt by the
officer was soft and obviously not a weapon, then reaching
into the suspect's pocket might be deemed an illegal search,
in which case the heroin couldn't be used as evidence.
What's the difference between a
felony and a misdemeanor?
Most states break
their crimes into two major groups-felonies and
misdemeanors. Whether a crime falls into one category or the
other depends on the potential punishment. If a law provides
for imprisonment for longer than a year, it is usually
considered a felony. If the potential punishment is for a
year or less, then the crime is considered a misdemeanor. In
some states, certain crimes, called "wobblers," may be
considered either a misdemeanor or a felony, because under
some conditions the punishment may be imprisonment for less
than a year, and in other situations, the criminal may go to
prison for a year or more.
Behaviors
punishable only by fine are usually not considered crimes at
all, but infractions-for example, traffic tickets. But a
legislature may on occasion punish behavior only by fine and
still provide that it is a misdemeanor -- such as possession
of less than an ounce of marijuana for personal use in
California.
What is the "presumption of
innocence?"
All people accused
of a crime are legally presumed to be innocent until they
are convicted, either in a trial or as a result of pleading
guilty. This presumption means not only that the prosecutor
must convince the jury of the defendant's guilt, but also
that the defendant need not say or do anything in his own
defense. If the prosecutor can't convince the jury that the
defendant is guilty, the defendant goes free.
The presumption of
innocence, coupled with the fact that the prosecutor must
prove the defendant's guilt beyond a reasonable doubt, makes
it difficult for the government to put people behind bars.
Copyright © 2002 Nolo
Disclaimer
This publication
and the information included in it are not intended to serve
as a substitute for consultation with an attorney. Specific
legal issues, concerns and conditions always require the
advice of appropriate legal professionals. |
