## Module 4: Navigating the Justice System {#module-4-navigating-the-justice-system .NVAA-Heading-2 .unnumbered}

### Time Required {#time-required .NVAA-Heading-3}

1 hour, 30 minutes

### Purpose {#purpose .NVAA-Heading-3}

This module provides an overview of the seven phases of the criminal
justice process. It is critical that victim advocates understand the
criminal justice process and victims' rights at each phase of the
process. This module also presents the basic elements of four other key
justice systems: federal, juvenile, military, and tribal. Rights for
crime victims vary greatly across these justice systems.

### Lessons {#lessons .NVAA-Heading-3}

1.  Phases of the Criminal Justice Process (45 minutes)

2.  Federal, Juvenile, Military, and Tribal Justice Systems (45 minutes)

### Learning Objectives {#learning-objectives .NVAA-Heading-3}

By the end of this module, participants will be able to:

-   Describe the seven phases of the criminal justice process.

-   Identify at least two key victims' rights in each phase of the
    criminal justice process.

-   Describe at least two key distinctions between the federal,
    juvenile, military, and tribal justice systems.

### Worksheets {#worksheets .NVAA-Heading-3}

-   Worksheet 4.1, Basic Victim Rights and the Criminal Justice System

### Equipment and Materials {#equipment-and-materials .NVAA-Heading-3}

-   No special equipment or materials are required for this module.

### Preparation {#preparation .NVAA-Heading-3}

-   Read Chapter 4, Navigating the Justice System, in the Participant's
    Text.

-   Prepare tearsheets labeled:

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-   Law enforcement

-   Prosecution

-   Courts

-   Community supervision (probation and parole)

-   Institutional corrections

    **Introduction**

    -   Show Visuals 4-1 and 4-2.

Review the purpose of this module:

This module provides an overview of the seven phases of the criminal
justice process. It is critical that victim advocates understand the
criminal justice process and victim's rights at each phase of the
process. This module also presents the basic elements of four other key
justice systems: federal, juvenile, military, and tribal. Rights for
crime victims vary greatly across these justice systems.

By the end of this module, participants will be able to:

-   Describe the seven phases within the criminal justice process.

-   Identify at least two key victim rights in each phase of the
    criminal justice process.

-   Describe at least two key distinctions between the federal,
    juvenile, military, and tribal justice systems.

### 1. Phases within the Criminal Justice Process (45 minutes) {#phases-within-the-criminal-justice-process-45-minutes .NVAA-Heading-3}

-   Show Visual 4-3.

    Present and provide a brief overview of seven phases in the criminal
    justice system.

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-   Law enforcement

-   Prosecution

-   Judiciary and courts

-   Probation

-   Institutional corrections

-   Parole

-   Appellate level

    -   Show Visual 4-4. Phase 1: Law Enforcement.

Law enforcement agencies operate at many levels.

-   Local

-   County

-   State

-   Federal, military, and tribal law enforcement

-   Higher education

    Law enforcement agencies work to prevent and respond to crimes, and
    to protect individuals and property.

    They are the "first responders" when a crime is reported by a
    victim, witness, or a third party with knowledge that a crime
    occurred.

    -   Show Visual 4-5. Phase 2: Prosecution.

Present and discuss the prosecution phase.

-   When law enforcement has investigated a crime and a suspect has been
    arrested, the case is then referred to a prosecutor.

-   The prosecutor:

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-   Is an attorney who works on behalf of the citizens of a state (or
    acts in this capacity for federal, military, or tribal justice
    systems).

-   Decides whether police have collected enough evidence against a
    suspect, and then decides what crime(s) to charge.

-   Can negotiate the charges and sentences with the defendant and the
    defendant's lawyer.

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-   If the case goes to trial, the prosecutor prepares and presents the
    case.

-   At sentencing, the prosecutor gives the judge information,
    facilitates the victim impact statement and restitution order, and
    makes recommendations for the sentence.

    -   Show Visual 4-6. Phase 3: Judiciary, the Trial Court.

Present and discuss the judiciary phase.

-   Judges must make fair and unbiased decisions. They cannot take sides
    in a criminal case.

-   Judges oversee all hearings throughout the trial process. H/she
    decides:

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-   Whether or not a defendant can be released on bail.

-   Appointment of a defense counsel.

-   Motions on legal issues.

-   What evidence to admit in a case, using the law, rules of evidence,
    and rules of procedure.

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-   If the trial results in a conviction or if the defendant pleads
    guilty or no contest to a felony offense, the judge schedules and
    presides over a sentencing hearing.

-   A pre-sentencing investigation report (PSI) is prepared for the
    judge that includes information about the convicted offender and the
    victim.

-   Judges make decisions about sentencing based on the facts of the
    case, state law, and relevant sentencing guidelines.

    -   Show Visual 4-7. Phase 4: Probation.

Briefly review this phase of the criminal justice process.

-   The probation agency is responsible for:

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-   protecting the community.

-   maintaining public safety through supervision of offenders.

-   monitoring their conduct to make sure the offender complies with all
    conditions of supervision.

The probation agency may provide or facilitate services to offenders
such as job training and placement, education, and alcohol or other drug
treatment.

-   Show Visual 4-8. Phase 5: Institutional Corrections.

Briefly review this phase of the criminal justice process.

-   State/Federal Department of Corrections is responsible for
    incarcerating offenders who have been convicted of a felony crime.

-   Some inmates will choose to serve their entire sentence behind bars.
    When their sentence is over, they will not be subject to any
    supervision in the community.

-   Some inmates will be eligible for parole prior to the expiration of
    their sentence.

    -   Show Visual 4-9. Phase 6: Parole.

        Briefly review this phase of the criminal justice process.

-   Parole is the supervised release of prisoners to the community, with
    conditions attached to the release that are designed to protect the
    safety of the public, as well as the victim(s) of that parolee.

-   Parole is considered part of the prison sentence that is served in
    the community.

-   Victims of crime are allowed to provide information to the paroling
    authority about how the crime has affected them since it has
    occurred. Information is called a victim-impact statement (VIS).

-   When an inmate is released on parole, he or she is supervised and
    monitored by a parole officer/agent.

    -   Show Visual 4-10. Phase 7: Appellate Courts.

        Briefly review this phase of the criminal justice process.

-   The convicted offender has constitutional and other legal rights to
    appeal the conviction, by having the Court of Appeals or the Supreme
    Court review the decisions made in the trial court.

-   Many of the issues raised on appeal concern how the judge managed
    the trial.

    -   Show Visual 4-11.

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-   Activity: Basic Victims' Rights and the Criminal Justice System (30
    minutes)

    The purpose of this exercise is to have participants apply the
    victim rights they learned in Module 3 to the justice system.

1.  Divide the large group into five smaller groups. Divide the large
    group into five smaller groups. Assign each group one of the phases
    within the criminal justice system: law enforcement; prosecution;
    courts; community supervision (probation and parole); and
    institutional corrections. Explain why probation and parole were
    collapsed into one category and why appeals is not addressed in this
    exercise.

2.  Using Worksheet 4.1, Basic Victim Rights and the Criminal Justice
    System, ask each group to identify the part of the justice system
    they have been assigned and then to identify rights for crime
    victims that fall within that part of the justice system.

3.  Ask each group to identify a spokesperson and report to the large
    group.

    Fill in any key victim rights that may not have been identified by
    the small groups.

### 2. Federal, Juvenile, Military, and Tribal Justice Systems (45 minutes) {#federal-juvenile-military-and-tribal-justice-systems-45-minutes .NVAA-Heading-3}

-   Show Visual 4-12.

-   Show Visuals 4-13 and 4-14. Federal Justice System.

-   Show Visuals 4-15 and 4-16. Juvenile Justice System.

-   Show Visuals 4-17 through 4-19. Military Justice System.

-   Show Visuals 4-20 through 4-25. Tribal Justice System.

    Following the presentation on the four justice systems, facilitate a
    discussion about them.

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-   What justice systems have you worked in?

-   How are the justice systems similar to each other?

-   How are they different from each other?

-   What new facts did you learn about the justice systems?

    -   Show Visual 4-26. Wrap-up: Review Module Learning Objectives.

Review the learning objectives and ask whether these were met.

By the end of this module, participants will be able to:

-   Describe the seven phases of the criminal justice process.

-   Identify at least two key victims' rights in each phase of the
    criminal justice process.

-   Describe at least two key distinctions between the federal,
    juvenile, military, and tribal justice systems.

Ask for final questions and close the module.

Worksheet 4.1

Basic Victim Rights and the Criminal Justice System

Phase of the Justice
System:­­­­­­­­­­­­­­­­­­­­­­­­\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Basic Victims' Rights

1\. Right to be treated with respect

2.  Right to notification

3.  Right to be present

4.  Right to be heard

5.  Right to reasonable protection from intimidation and harm

6.  Right to restitution

7.  Right to information and referral

8.  Right to apply for victim compensation (for violent crime victim)

9.  Right to speedy proceedings

    10\. Special rights and protection