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The Criminal Justice System

The Criminal Justice System. Goals Federalism System perspective Characteristics Operations Flow of decision making Crime and Justice in a Multicultural Society. Goals of the Criminal Justice System. Doing Justice. Controlling Crime. Preventing Crime. Doing Justice.

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The Criminal Justice System

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  1. The Criminal Justice System • Goals • Federalism • System perspective • Characteristics • Operations • Flow of decision making • Crime and Justice in a Multicultural Society

  2. Goals of the Criminal Justice System Doing Justice Controlling Crime Preventing Crime

  3. Doing Justice • Accountability for offenses • Protect rights • Equality under the law • Discretion

  4. Controlling Crime • Apprehension • Prosecution • Punishment • Within the bounds of the law

  5. Preventing Crime • Police presence • Punishment as deterrent • Problems with citizen invoked crime prevention

  6. Federalism A system of government in which power is divided between a central (national) government and regional (state) governments.

  7. Dual Justice Systems • State systems handle alleged violations of state law. • The federal system handles alleged violations of federal law.

  8. Federal State and Local Comparisons I

  9. Federal State and Local Comparisons II

  10. Criminal Justice as a System

  11. System Perspective • Interdependent subsystems • Exchange relationships • Example: plea bargains

  12. Characteristics of the Criminal Justice System • Discretion • Resource Dependence • Sequential Tasks • Filtering

  13. Discretion Arrest or let go? Long or short sentence? Prosecute or dismiss?

  14. Resource Dependence • Politicians • Public • Media

  15. Sequential Tasks

  16. Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated

  17. Operations of Criminal Justice Agencies

  18. POLICE • Keep the peace • Combat crime • Prevent crime • Provide social services

  19. COURTS • Dual Court System • US and State • Variance among states • Adjudication • Sentencing

  20. CORRECTIONS • Only about 1/3 incarcerated • Community supervision • Federal, State, and local • Privatization trend

  21. Flow of Decision Making in the Criminal Justice System • Steps in the Decision Making Process • The Criminal Justice Wedding Cake • Crime Control versus Due Process

  22. Criminal Justice Wedding Cake: Layer 1 • Celebrated perpetrators • Celebrated victims • Type the media loves • Cases that make Supreme Court precedents 1

  23. Criminal Justice Wedding Cake: Layer 2 • Serious felonies by experienced offenders • Violent crimes • Property crimes with high $ value • Get full attention of the CJ system 2

  24. Criminal Justice Wedding Cake: Layer 3 • First time offender less serious offenses which may be felonies • Less serious personal injury or low $ value • Dealt with less seriously, maybe probation 3

  25. Criminal Justice Wedding Cake: Layer 4 • Most misdemeanors • Handled in assembly-line fashion • Typical penalty is a small fine • Having to go to court may be the “real” punishment 4

  26. Competing Models

  27. Crime and Justice in Multicultural Society Racial Disparities in CJ System Potential Explanations

  28. Black Incarceration (DV) Arrest rates Poverty Unemployment Executive Party (R) Legislature (%R) Black Politicians % State Courts (Liberal) Citizen opinion Sentencing Guidelines Prison Capacity Litigation White Incarceration (DV) Arrest rates Poverty Unemployment Executive Party (R) Legislature (%R) Black Politicians % State Courts (Liberal) Citizen opinion Sentencing Guidelines Prison Capacity Litigation Explanations for Incarceration Rates for Blacks and Whites

  29. Incarceration Rates By Race

  30. Effect of Partisanship on Black Incarceration Conditioned on Black State Population

  31. Quick Quiz to Test Attention • 1) ___ is the authority to make decisions by using one’s own judgment and conscience which provides the basis for individualization and informality in the administration of justice. • Discretion • 2) ___ is a document charging an individual with a specific crime prepared by a prosecuting attorney and presented to a court at a preliminary hearing. • Information • 3) ___ is a characteristic of the criminal justice system that leads criminal justice officials to be responsive to elected officials and legislative bodies. • Resource dependence • 4) ___ consists of separate judicial structures for states and for the national government. • Dual court system • 5) ___ is a characteristic of the organization of law enforcement and other criminal justice agencies in the United States. • Decentralization

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