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Views of Administration of Justice. Student Learning Outcome. On the completion of this section, students will be able to discuss the concepts that define the criminal justice system and the various components of the system.

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Views of Administration of Justice

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Student Learning Outcome

  • On the completion of this section, students will be able to discuss the concepts that define the criminal justice system and the various components of the system.

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Is it really a system?

  • Is the criminal justice system or administration of justice really a system?

    • Police

    • Courts

    • Corrections

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  • Law enforcement agencies

    • investigating crimes and apprehending suspects

  • The court system

    • Determination of guilt of suspect

  • Correctional System

    • Treating, incapacitating and rehabilitating

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The criminal justice system

  • 55,000 public agencies

    • 17,000 are police agencies

  • 17,000 courts

    • 8000 prosecutorial agencies

  • 6000 correctional institutions

  • 3500 probation and parole departments

  • Approximately 2 million involved in the criminal justice system, 900,000 in law enforcement

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The Formal Criminal Justice Process

  • Initial contact

  • Investigation

  • Arrest

  • Custody

  • Charging

  • Preliminary Hearing/Grand Jury

  • Arraignment

  • Bail/Detention

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The Formal Criminal Justice Process

  • Plea Bargaining

  • Trial/AdjudicAppeal/Post Conviction Remedies

  • Correctional Treatment

  • Release

  • Post Release

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The Informal Justice System

  • The Formal Justice System rarely works in a step-by-step process

  • The Criminal Justice Wedding Cake (Samuel Walker)

    • Celebrated cases

    • Serious felonies

    • Less serious felonies

    • Misdemeanors

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Crime Control Perspective

  • James Q. Wilson in “Thinking about Crime”

    • People are wicked

    • Prevent crime through sanctions

    • Criminals should fear the justice system

    • Legal technicalities and “bleeding heart” judges should be abolished

    • The focus should be on the victim

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Crime Control Perspective History

  • The worse crime gets, the more advocates for deterrence

  • 1764 Cesare Beccaria

    • On Crime and Punishment

  • Certainty and Celerity of Punishment

  • Jeremy Bentham

    • Introduction to the Principles of Morals And Legislation

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Rehabilitation perspective

  • The purpose of the justice system is to treat and care for offenders who cannot treat or care for themselves

    • The goal is lifestyle improvement

    • Criminals are victims

    • There are alternatives to crime

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Due Process Perspective

  • Criminal justice should provide fair and equitable treatment

    • Nonadversarial view of the court room workgroup

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Nonintervention Perspective

  • Being involved in the criminal justice process stigmatizes a person

    • Decriminalize

    • Legalize victimless crimes

    • DE-institutionalize punishment

    • Community-based treatment programs

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Justice Perspective

  • Law violators should be viewed by their current behavior, not their prior behavior

    • Punishment should be equitably administered