American Justice NetworkAmerican Justice Network

Legalized

Discretionary

Fragmented

Non-system

Quasi-justice

A system is a set of parts coordinated to

accomplish a set of goals. The

characteristics of a system include:

1. Overall goals and objectives

2. Shared definitions of success

3. Uniform performance measures

4. Overall management yielding a high

level of coordination and cooperation.

The American justice system is a hodgepodge of uncoordinated institutions run independently byalmost every governmental unit. The system is characterized by:

1. Competing objectives.2. Multiplicity of goals (no overall goals).3. Multiple measures of performance.4. Multiple definitions of success.5. No overall management.6. Limited coordination.7. Limited cooperation (turf battles).

8. Goal conflict

Due Process vs. Crime Control

Deterrence vs. Rehabilitation

Incapacitation vs. Reintegration

Executive Legislative Judicial Regulatory

Federal

State

County

City

Executive Legislative Judicial Regulatory

Federal FBI,DEA, Probation, Prisons

State State Police, Parole, Prisons, Fish and Game

County Sheriff, Jails

City Police, Jails

Executive Legislative Judicial Regulatory

Federal FBI,DEA, Probation, Prisons

Congress, GAO

State State Police, Parole, Prisons, Fish and Game

State Legislatures

County Sheriff, Jails County Commissions

City Police, Jails City Councils

Executive Legislative Judicial Regulatory

Federal FBI,DEA, Probation, Prisons

Congress, GAO Supreme Court

State State Police, Parole, Prisons, Fish and Game

State Legislatures

Supreme Court, Probation

County Sheriff, Jails County Commissions

County Court

City Police, Jails City Councils City Court

Executive Legislative Judicial Regulatory

Federal FBI,DEA, Probation, Prisons

Congress, GAO Supreme Court FDA, EPA

State State Police, Parole, Prisons, Fish and Game

State Legislatures

Supreme Court, Probation

Fire Marshal

County Sheriff, Jails County Commissions

County Court Building

City Police, Jails City Councils City Court Restaurant

The 17th square on the grid $60 billion in annual expenditures 4,000 agencies 2 million employed

(more than public law enforcement)

Legislature Police Prosecutor Judges Parole Boards

Warn/reprimand Make them become an informant (stable) Cite Arrest and street release Arrest and detain/book, then release Arrest and detain/book What charge

Release or charge What charges When to charge Plea bargain:

1. Horizontal – reduce the number of charges

2. Vertical – reduce the severity of the charges

3. Lateral – case trade offs

Court process1. Admitting evidence

2. Admitting testimony

3. Procedural control of the case Sentencing (Indeterminate vs. determinate)

Roughly1.2 million active lawyers in the U.S. 140,000 in U.S. law schools 34,000 graduate with law degrees annually U.S. has around 38 lawyers/10,000

(highest rate in the industrialized world) U.S. has about 10 percent of the world’s

lawyers New York has roughly 168,000 lawyers

Large number of trivial/frivolous suits filed. A social orientation toward litigation

(confrontation vs. reconciliation).

The result is: Backlog and delay in the judicial process. Significant economic costs.

The loser in a law suit must pay the winner’s

legal fees. The result is fewer frivolous suits

being filed, freeing up court time and

resources for more meaningful matters.

Legalized

Discretionary

Fragmented

Non-system

Quasi-justice

The justice “system”: Is but a temporary stop-gap that buys time

so that the foundations of society (religion, schools and family) can stabilize themselves; so that they can fill in the holes in the social fabric.

Does not have the capacity to repair the holes.

“The real test of life is the ability to hold two

opposing ideas in mind at the same time,

and retain the ability to function. One should

recognize, for example, that things are

hopeless, but be determined to make them

otherwise.”

Scientific criminology

vs.

Political criminology