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Understanding the American Criminal Justice System

Explore the formation, components, and scope of the criminal justice system in America, including law enforcement, courts, and corrections. Gain insights into the formal and informal processes, ethical dilemmas, and various perspectives on justice. Uncover myths and realities surrounding the justice system, from equal justice to the challenges faced by defense attorneys. Delve into historical developments, modern era reforms, federal involvement, and the contemporary structure of the criminal justice system in the US.

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Understanding the American Criminal Justice System

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  1. Chapter 1 Crime and Criminal Justice

  2. Learning Objectives • Discuss the formation of the criminal justice system in America • Be able to define the concept of a criminal justice system • Be familiar with the basic component agencies of criminal justice • Comprehend the size and scope of the contemporary justice system • Trace the formal criminal justice process

  3. Learning Objectives • Know what is meant by the term “criminal justice assembly line” • Characterize the “informal criminal justice system” • Describe the “wedding cake” model of justice • Be familiar with the various perspectives on justice • Understand the ethical issues involved in criminal justice

  4. Myth or Reality?? • Police Departments are an American creation, the first having been formed in New York City after the Civil War. • At its core, the justice system is designed to protect the public from people who cannot abide by or obey the law. • Unlike Law and Order and similar shows, the agencies of the justice system rarely work closely together to solve cases, process offenders, and punish the guilty.

  5. Myth or Reality?? (cont.) • There is equal justice under the law, and everyone can expect to get their day in court. • Justice tends to be objective rather than subjective; agents of the justice system put their personal feelings aside in the course of their duties. • Seeking justice is often confounded by ethical dilemmas that may be difficult to resolve. • Defense attorneys do not represent clients they know to be guilty.

  6. Introduction: The Criminal Justice System • System of: • Law enforcement • Courts • Corrections • Directly involved in the: • Apprehension • Prosecution • Control of those who violate the law

  7. Jared Loughner – pg. 5 • January 8, 2011 • 6 killed, 19 injured • Attempted to kill Congressman Gabrielle Giffords • Mentally disturbed • Handguns too easy to get? • Should he be considered legally sane and eligible for the death penalty?

  8. Introduction: The Criminal Justice System

  9. Introduction: The Criminal Justice System • Made up of: • Police departments/law enforcement • Courts • Correctional agencies • Work together to: • Maintain order • Enforce laws • Identify law breakers • Bring guilty to justice • Treat criminal behavior

  10. Developing the Criminal Justice System • A surge of violent crime in 19th century America • Famous outlaws, criminal gangs • Flourished in largest cities • Criminal justice agencies developed as criminal gangs formed • 1829 - London Metropolitan Police – first police agency

  11. Developing the Criminal Justice System • First police agencies created in the U.S: • Boston (1838) • New York (1844) • Philadelphia (1854) • Wichita PD (1871) • The penitentiary/prison was created – goal was corrections and replaced corporal and capital punishment • In 1919 the Chicago Crime Commission was created

  12. Developing the Criminal Justice System • In 1931 President Herbert Hover appointed the National Commission of Law Observance and Enforcement commonly known as the Wickersham Commission. • Commission made a detailed analysis of the U.S. justice system • Helped usher in the era of treatment and rehabilitation

  13. The Modern Era of Justice • Began in the 1950’s with a series of research projects • Criminal justice procedures and their interrelationship were examined: • Investigation • Arrest • Prosecution • Pleas negotiation

  14. Federal Involvement in Criminal Justice • 1967 - President’s Commission on Law Enforcement and Administration of Justice published The Challenge of Crime in a Free Society • A group of practitioners, educators, and attorneys created a comprehensive view of the CJ process and recommended reforms • 1968 - Congress passed Safe Streets and Crime Control Act • Funded the Law Enforcement Assistance Administration • Federal government continues to fund innovation in CJ process

  15. The Contemporary Criminal Justice System • Society’s instrument of social control • Controlling individual’s behavior by social forces • Task is to prevent or deter outlawed behavior by: • Apprehending • Adjudicating • Sanctioning Lawbreakers

  16. The Contemporary CJS • Three main components: • Law enforcement agencies • Investigate & arrest • Court agencies • Charge, conduct trial and sentence • Correctional agencies • Monitor, treat, rehabilitate offenders

  17. Components of CJS – Page 8

  18. The Contemporary CJS • State and local criminal and civil justice • Costs $720 per year per American • Employs more than 2.4 million people • 18,000 local law enforcement agencies employ 1,000,000 people • 700,000 are full-time sworn, remainder are: • Part-time officers • Civilian employees

  19. The Contemporary CJS • There are approximately: • 17,000 courts • 8,000 prosecution agencies • 1200 correctional institutions • 3500 probation and parole departments • Costs: • $100,000 to build a prison cell • $70 billion per year • About $30,000 per inmate “It costs a lot more to put a person in the state pen than to send a student to Penn State.”

  20. The Contemporary CJS • Arrest and Court Populations: • 14 million individuals arrested each year • 2 million convicted of felony charges in state and federal courts • 1.5 million juveniles handled by juvenile courts

  21. The Contemporary CJS • Corrections: • 7 million under correctional supervision • 2 million in jails/prisons • 5 million probation/parole

  22. The Formal Criminal Justice ProcessPg. 9-12 Crime Report – Police Action Investigation Arrest Custody Charging Factors Preliminary hearing/Grand Jury Arraignment Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Post-Conviction Remedies Correctional Treatment Release Post-Release

  23. The Formal Justice Process

  24. For every 1000 crimes: • How many do you think are reported to police? • How many do you think have arrests? • How many do you think go to trial? • How many do you think are sent to prison? • (See next slide for answers)

  25. Criminal Justice Assembly Line – Pg. 13 • There are decision points at each of the stages of the assembly line • Each decision point is critical • The justice process is viewed as a funnel for cases • For every 1000 crimes, about 20 sent to prison

  26. The Informal CJ Process • Most criminal cases are cooperative ventures in which all parties work together to work out a deal. • Not every case works sequentially as previously discussed • Courtroom Work Group: • Prosecutor • Defense attorney • Judge • Other court personnel • 80-90% of all cases are settled without trials

  27. The Informal CJ Process • The “Wedding Cake” Model of Justice: Level I -Level I and II usually go through full legal process -Level III – young or 1st time offenders. Usually dismissal, plea bargain, reduced charges, or probation -Level IV – usually fines or probation Wedding Cake model an alternative model to the traditional flowchart

  28. Perspectives on Justice • Read page 16-21. • Pick or assigned one of the perspectives. • Summarize the perspective. • Report to the class. • Which perspective do you agree the most with?

  29. Perspectives on Justice • There are a variety of perspectives on justice: • Crime Control Perspective • Rehabilitation Perspective • Due Process Perspective • Nonintervention Perspective • Equal Justice Perspective • Restorative Justice Perspective

  30. Perspectives on Justice • Crime Control Perspective: • Deter crime through the application of punishment • The more efficient the system, the greater its effectiveness • The justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty

  31. Perspectives on Justice Rehabilitation Perspective Assumptions • Care for people who cannot manage themselves • It is better to treat than punish • Criminals are society’s victims • Helping others is part of the American culture • Convicted criminals can be successfully treated

  32. Perspectives on Justice Due Process Perspective • Provisions for fair and equitable treatment for the accused • Every person deserves their constitutional rights and privileges • Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty • Decisions must be carefully scrutinized to avoid errors

  33. Perspectives on Justice Nonintervention Perspective • Criminal justice agencies should limit involvement with criminal defendants • Labeling individuals as criminals is harmful and disruptive • Stigma locks people into a criminal way of life • Decriminalize, divert, and deinstitutionalize

  34. Perspectives on Justice Equal Justice Perspective • Equal treatment for equal crimes • Decision making standardized and structured by rules and regulations • Individual discretion reduced and controlled • Inconsistent treatment produces disrespect for the system

  35. Restorative Justice Perspective Restorative Justice Perspective • Offenders should be reintegrated back into society • Coercive punishments are self-defeating • Justice system must become more humane

  36. Perspectives in Perspective • During the past decade crime control and equal justice models have dominated • Rehabilitation, due process, and the least-intrusive treatment have not been abandoned • There is no single view that is the right or correct view

  37. Ethics in Criminal Justice • Justice personnel function in an environment where moral ambiguity is the norm • Enormous power granted to criminal justice employees • Ethics and law enforcement: • Police have authority to deprive people of their liberty • Police are granted wide discretion • Police serve as the interface between the power of the state and citizens it governs

  38. Discussion Questions • What is the appropriate response to ethical violations by a district attorney? • How does the media play a part in such charges? • Should the media be allowed to televise criminal court proceedings?

  39. Ethics Charges in the Duke Rape Case

  40. Ethics in Criminal Justice • Ethics and the courts: • Seeks justice for all parties in a criminal matter • Prosecutor has dual-role: • Represents people • Represents the court • Defense Attorney has dual-role: • Defense advocate • Officer of the court • Ethics and corrections - significant coercive power over offenders

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