The Criminal Justice System

Structure & Process

The Criminal Justice Process

• Cycles individuals from the status of “free citizen” to that of suspect, then defendant, to convicted offender, probationer/inmate, parolee/released “offender” – as such “integrates” the System

How does this work?

– A series of stages administered by a number of subsystems with different goals, values, and structures

– The activities are expected to “sum to the “overall goal” and create the appearance of a “system

Criminal Justice System

The Stages in the Process

• Observation/Report• Investigation• Arrest/Booking• Initial Appearance• Determination of

Formal Charge• Arraignment,

Indictment, or Information

• Hearing on Pre-Trial Motions

• Trial• Sentencing• Appeals/Post

Conviction Remedies• Conditions of Sentence• Release• Parole/Revocation• Discharge

Bases for the Process – Values and Value Conflicts

• Due process• Fundamental Fairness• Propriety• Freedom from Cruel and Unusual Punishment• Equal Protection• Rule of Law• Presumption of Innocence

Values (cont)

• Constitutional Government• Separation of Power• Federalism• Civil Rights• Majority Rule• Individualism• Human Dignity• Social Justice

Multiple Goals

• Detect, Apprehend, Convict, Incapacitate

• Deter Potential Offenders

• Create an Ordered Society

Two Different Purposes

• Control by “solving” crimes

• Control by “preventing” crimes

Solving Crime

• Control crime by solving offenses, arresting suspects, and processing and incapacitating offenders

– Deals with the immediate and rests on the discovery of past criminal behavior

Preventing Crime

• Preventing crime through these processes or other means

– Forward looking, forecasting, forestalling future crimes by present interventions

Measures of Effectiveness

• High arrest rates• Charging the highest

possible crimes• Convicting offenders

as charged• Sentencing to

maximum terms

• Arrest only under extreme conditions

• Direct violators to other agencies

• Charge only according to what is best for the person

• Use probation/community corrections for a short period of time

Questions Raised

• What is a “good” judge?

• What is a “good” prosecutor?

• What is a “good” corrections program?

• What is a “good” law enforcement” agency?

Approaches to Deterrence

• Belief in the certainty of criminal justice process and reliance on the severity of consequences

• System should be nearly invisible while having a belief that it is operating efficiently

• Prevention of opportunities

Creating an Ordered Society

• Effectiveness and efficiency of the Criminal Justice Process

• Reliance on elements which are more symbolic and ceremonial

Note: The agencies in the Criminal Justice System are “agents” of the status quo

Conclusions and Consequences

• The Criminal Justice System is comprised of a set of “subsystems” which have different and sometimes contradictory goals

• Personnel within agency unit can be expected to have a vested interest in its survival if not expansion

• System maintenance concerns are important factors in understanding the way the CJS operates and provide a basis for change

Present Conditions – no CJS agency is completely effective and efficient

• Most crimes, particularly property crimes reported to the police are never “solved”

• Prosecutorial role is often one of negotiation rather than trial

• Judges are somewhat unsure of their effectiveness in sentencing

• Correctional programs often fall far short of rehabilitation or reintegration

Functions Differ – but regardless of goals rests on governmental authority – it is a

“legal” system

• Law Enforcement

• Prosecutorial/Defense

• Trial Court

• Corrections

Law Enforcement Functions

• Enforce Laws

• Maintain Order

• Provide Services

• Enforce Convenience Norms

Sources of Authority Differ

• Legislative

• Executive

• Judicial (Appellate Courts)

• Administrative

Authorities

• Crimes are defined by legislation• Executive branch functions primarily to initiate

legislation, appoint administrators and propose budgets

• Appellate courts interpret the laws• Administrative agencies and officers e.g. police,

prosecution, trial courts enforce law, collectively operate the overall CJ process and assure various degrees of operational rule-making authority

Differ in Structure• Distinctness of agencies and offices – non-

interchangeable personnel

• Separate, unrelated budgets

• Differing, jurisdictional boundaries – e.g not one police agency

Differ in Structure (cont)

• Separate human resource pools with personnel in each agency recruited from different populations

• Differing patterns of personnel selection

• Variations in the amount of client and indirect citizen involvement in the decision making process