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American Justice Network

American Justice Network. Legalized Discretionary Fragmented Non-system Quasi-justice. System. 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

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American Justice Network

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  1. American Justice Network Legalized Discretionary Fragmented Non-system Quasi-justice

  2. System 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.

  3. The American Justice Non-System/The American Justice Network The American justice system is a hodgepodge of uncoordinated institutions run independently by almost 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

  4. American Justice Network Goal Conflict • Due Process vs. Crime Control • Deterrence vs. Rehabilitation • Incapacitation vs. Reintegration

  5. Fragmented

  6. Fragmented

  7. Fragmented

  8. Fragmented

  9. Fragmented

  10. Private Security • The 17th square on the grid. • Private security is larger than public law enforcement ($100 Billion and 2 Million employees vs. $50 Billion and 1 Million employees).

  11. Discretionary • Legislature • Police • Prosecutor • Judges • Parole Boards

  12. Police Discretion • 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

  13. Prosecutorial Discrection • Release or charge • What charges • When to charge • Plea bargain: • Horizontal – reduce the number of charges • Vertical – reduce the severity of the charges • Lateral – case trade offs

  14. Judicial Discretion • Court process 1. Admitting evidence 2. Admitting testimony 3. Procedural control of the case • Sentencing (Indeterminate vs. determinate)

  15. Legalistic • 1.1 million lawyers in the U.S. • 140,000 in U.S. law schools • U.S. has 28 lawyers/10,000 (35th in the world) • U.S. has about 10 percent of the world’s lawyers

  16. Lawyers per 10,000 • Vatican City – 3,500 • Uruguay – 181 • Spain – 81 • German – 34 • Japan – 32 • United States 28 • United Kingdom - 17

  17. Cost of an overly litigious orientation • 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.

  18. English Rule 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.

  19. American Justice Network Legalized Discretionary Fragmented Non-system Quasi-justice

  20. Little Dutch Boy Analogy 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.

  21. F. Scott Fitzgerald “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.”

  22. Scientific criminology vs. Political criminology

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