The Criminal Justice System. The Goals of Criminal JusticeDoing Justice: basis for rules, procedures and institutions of the systemThree principles of doing justice:Hold offenders accountableProtect the rights of those that have contact with the systemLike offenses will be treated alike and officials will take into account relevant differences among offenders and offenses..
1. An Introduction to The Criminal Justice System Kelly Cheeseman Dial
2. The Criminal Justice System The Goals of Criminal Justice
Doing Justice: basis for rules, procedures and institutions of the system
Three principles of doing justice:
Hold offenders accountable
Protect the rights of those that have contact with the system
Like offenses will be treated alike and officials will take into account relevant differences among offenders and offenses.
3. The Criminal Justice System The Goals of Criminal Justice
Criminal justice system is designed to control crime by arresting, prosecuting, convicting, and punishing those who disobey the law.
Criminal law defines what is illegal and outlines rights of citizens and procedures officials must follow to achieve system’s goals
Deterrent effect of police, courts, & corrections
4. Characteristics of the Criminal Justice System Discretion: officials’ freedom to act according to their own judgment and conscience.
Allows for individualization and informality in the administration of justice
Arguments used to justify discretion
Discretion is needed because system lacks resources to treat every case the same way.
Many officials believe discretion permits them to achieve greater justice than rigid rules would produce.
5. The Criminal Justice Wedding Cake Layer I – This layer consists of “celebrated” cases
These cases receive high publicity
Involve the full process, including a trial
Embody the ideal of “adversarial system”
6. The Criminal Justice Wedding Cake Layer II – Comprised of serious felonies
Violent crimes committed by repeat offenders
Layer III – Less serious offenses committed by less serious offenders
Layer IV – Consists of misdemeanors; 90% of all cases fall into this category
7. The Pictoral Process
8. Operations of Criminal Justice Agencies Police
18,769 law enforcement agencies
50 federal agencies
49 state agencies
900,000 full-time employees
$50 billion+ budget
9. Operations of Criminal Justice Agencies Police agencies have four major duties
Keeping the peace
Apprehending violators and combating crime
Providing social services
10. Police Organization Most municipal police departments are independent agencies within the executive branch of government.
Most departments follow military model adhering to rigid chain of command.
Personnel decisions often based on time-in-rank considerations.
11. The Police Role Crime fighting efforts are only a small part of the police officer’s overall activities.
On average a police officer makes less than 2 arrest per month and less than 1 felony arrest every four months.
Majority of time spent handling minor disturbances, service calls, and administrative duties.
12. The Patrol Function Account for 2/3 of most departments’ personnel
Deter crime through visible presence
Maintain public order
Respond to law violations or emergencies
Identify and apprehend criminals
Aid citizens in distress
Facilitate movement of people and traffic
Create a sense of safety and security
13. The Patrol Function (cont.) Patrol Activities
Majority of efforts devoted to order maintenance or peacekeeping.
Requires officers to use discretion and resolve situations without making an arrest.
Use of selective enforcement
14. The Patrol Function (cont.) Adding Patrol Officers
Research indicates adding police officers may in fact reduce crime and improve overall effectiveness of the justice system.
Agencies with more officers per capita than the norm experience lower levels of violent crimes.
15. The Investigation Function Detective investigate the causes of crime and attempt to identify the individuals or groups responsible for committing particular offenses.
Police deceive criminals into openly committing illegal acts.
Common in investigation of prostitution, gambling, and narcotics
Critics argue constitutes entrapment or may be encouraging commission of additional offenses
16. The Investigation Function (cont.) Evaluating Investigations
Most arrests are made by patrol officers.
One study indicates half of all detectives could be replaced without negatively influencing crime clearance rates.
Police have only a 5 percent chance to solve a crime if more than 15 minutes elapse from the time of occurrence to reporting.
Detectives generally lack sufficient resources to carryout lengthy probes of any but the most serious crimes.
17. The Investigation Function (cont.) Improving Investigations
Use of patrol officers for preliminary investigations to free up time for detectives
Increased use of specialization
Greater reliance on technology
18. Community Policing Police-community relations programs were developed to improve relations with the community and develop cooperation with citizens with the goals of:
Explain police activities
Teach self-protection methods
Improve general attitudes toward policing
Original programs developed at station-house and departmental levels.
19. Community Policing (cont.) Broken Windows Model
Primary function of police should be community preservation, public safety, and order maintenance.
Neighborhood disorder creates fear.
Neighborhoods give out crime-promoting signals.
To be effective police need citizen cooperation.
20. Community Policing (cont.) Problem-Oriented Policing
Form of proactive policing
Identify long-term community problems and develop strategies to eliminate them
Relies on assistance of local residents to identify and resolve problems
Specialized units may concentrate on “hot spots” where significant portion of calls originate
21. Community Policing (cont.) Challenges of Community Policing
Must define community
Change command structure
Re-orient police values
22. The Changing Concepts of Policing (cont.) Support Functions
Planning and research
23. Operations of Criminal Justice Agencies Courts
Dual court system – separate system fore each state in addition to a national system.
Law interpreted differently in various states.
Courts are responsible for adjudication – determining whether or not a defendant is guilty.
24. Overview Abstract Goals of the Court System
Provide for an open and impartial forum for seeking the truth
Provide for a fair and equitable hearing using regulated rules
Insure that the process takes place in an atmosphere of legal competence and objectivity
Provide a clear legal outcome
25. Overview (cont.) The courts are often a scene where an atmosphere exists to “work things out” among the participants.
The use of plea negotiations and other nonjudicial alternatives to “work things out” is more common than a formal trial process.
Discretion sometimes results in disparity
26. The Criminal Court Process Criticisms of the Courts Overcrowded dockets
Too many inducements to plead guilty
Too few jury trials
Speedy trials are unattainable
27. The Criminal Court Process State Courts
Every state has its own court system
No two are alike
Variety of cases ranging from homicide to property maintenance
28. The Criminal Court Process (cont.) Courts of Limited Jurisdiction
About 13,500 exist
Organized at municipal or county level
Restricted in types of cases they hear
May be restricted to civil or criminal cases
Dispose of minor cases; may do preliminary activities for some felonies
Sentencing options restricted
29. The Criminal Court Process (cont.) Specialty Courts
Juvenile, family & probate courts
Courts to combat specific problems
Mental health courts
30. The Criminal Court Process (cont.) Courts of General Jurisdiction
Around 2,000 in the U.S.
Hear serious felony cases
Civil cases with damages over a specified amount
Appeals from lower courts
Review of transcript
Trial de novo
31. The Criminal Court Process (cont.) Appellate Courts
Each state has at least one level of appellate courts.
Highest state court, usually called the “State Supreme Court”
Court reconsiders a case that has been tired in order to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines
Appeal is not a new trial
Can order a new trial, allow defendant to go free, or uphold original verdict
32. Federal Courts Federal Courts
Legal basis for these courts found in Article 3, sec. 1, of U.S. Constitution
Jurisdiction over laws of U.S. and treaties
Over controversies between 2 or more states
3-tiered hierarch of court jurisdiction
U.S. District Courts
U.S. courts of appeals
U.S. Supreme Court
33. Federal Courts (cont.) U.S. District Courts
Trial courts of the federal system
Organized by Congress in the Judicial Act of 1789
Jurisdiction over violations of federal law, i.e. civil rights violations, interstate transportation of stolen vehicles and kidnappings
May hear inter-state lawsuits or cases where federal government is a party to the suit
Jurisdiction may overlap that of state courts
34. Federal Courts (cont.) U.S. Courts of Appeals
Organized into 13 judicial circuits
Hear 40,000 appeals from district courts each year
Empowered to review federal and state appellate court cases when there is a federal issue present
Do not retry the case or review the facts – only matters of procedure and substance of the law
Current attempts to limit the right of appeal
35. Federal Courts (cont.) The U.S. Supreme Court
Nation’s highest appellate body – court of last resort for all cases tried in federal and state courts
Only federal court created by Constitution
Nine justices appointed for life by the President with approval of Congress
Court has discretion to choose which cases it will hear
36. Federal Courts (cont.) Supreme Court Process
Most cases (90%) are brought to the court by using a writ of certiorari
Four of the nine justices must vote to hear the case
If the Court decides to hear a case, it reviews legal briefs and may hear oral arguments
May decide to affirm or reverse the decision of the lower court
Decisions become precedent
37. Federal and State Court Caseloads State courts handle about one hundred million new cases each year including:
20 million civil and domestic cases
15 million criminal cases
2 million juvenile cases
57 million traffic and ordinance violations
38. Federal and State Court Caseloads (cont.) Federal courts even though smaller, are equally burdened
Over 320,000 cases filed each year in District Courts
Criminal cases increased 55% since 1994
Circuit Courts hear more than 60,000 appeals per year
In 1969 they heard only 10,000 appeals
39. Federal and State Court Caseloads (cont.) Causes of Court Congestion
Rapidly increasing populations outpace growth in court system
Aggressive attempts to lower crime rate result in more prosecutions
Complexity of the law and advances in technology
Legal reform efforts may require more trials
40. The Judiciary Primary duty is to oversee the trial process
Ensures appropriate conduct
Settles questions of evidence and procedure
Guides questioning of witnesses
Responsible for guiding the jury
Decides case when a jury is not used (bench trial)
Determines the sentence
41. The Judiciary (cont.) Judicial Functions
Extensive control over probation officers and court clerk
Exerts influence over police and prosecutors
Decisions may shape social policy
42. The Judiciary (cont.) Judicial Qualifications
Qualification vary by state
Typical qualifications are:
Resident of the state
Between 25 and 70 years of age
Member of state bar licensed to practice law
Lower courts may not require law degree
43. The Judiciary (cont.) Judicial Selection Systems
Judicial nominating commission
Appointed by governor from commission’s list
44. The Prosecutor The Prosecutor
May be called district attorney, county attorney, state’s attorney, or U.S. attorney depending on the level of government and jurisdiction
Responsible for representing the public in criminal trials
Around 2,400 state court prosecutors offices
Employ 65,000 attorneys, investigators and support staff
45. The Prosecutor (cont.) General Duties
Provide advice to law enforcement officers during investigations
Represents the state during pretrial plea negotiations, motions, evidence, and bail hearings
Represents the state at other hearings, criminal trials and appeals
Legal advisor to county commissioners and other elected officials
Implementation of special programs
46. The Prosecutor (cont.) Types of Prosecutors
U.S. Attorneys – appointed by the President
Federal prosecutors are professional civil service employees
State & county levels, attorney general and district attorney are chief prosecutorial officers
47. Prosecutorial Discretion Prosecutorial Discretion
Exercises great deal of discretion
Decides whether to file charges – attempt to screen out weak cases
May drop charges during the process nolle prosequi
May leave decision to charge someone with minor crime primarily to police discretion
48. Prosecutorial Discretion (cont.) Legal Issues Influencing Prosecutorial Discretion
Quality of police work and amount of relevant evidence
Seriousness of offense
Defendant’s prior arrest record
Danger to community
Victim Issues Influencing Prosecutorial Discretion
Attitude and behavior of the victim
Reluctance of victim to press charges
49. Prosecutorial Discretion (cont.) Extra Legal/Resource Issues Influencing Prosecutorial Discretion
Offenders’ race, gender, and ethnicity
Cost of the prosecution to the system
Availability of alternatives
Interest group’s influence causes to focus on particular types of offenses
Fear of losing case – political ramifications
50. Prosecutorial Discretion (cont.) The Role of Prosecutorial Discretion
Can prevent unnecessarily rigid implementation of criminal law
Humanize operation of criminal justice system
Too much discretion can lead to abuse
51. Judicial Selection Systems (cont.) Types of Prosecutorial Misconduct
making disruptive statements in court
failure to adhere to sentence recommendations pursuant to a plea bargain
represented a criminal defendant currently under prosecution
making public statements harmful to the office
using power in vindictive manner to punish defendants who insist on exercising their constitutional rights
52. The Defense Attorney Integral part of adversarial system
Required to uphold integrity of the legal profession
Must observe ABA Code to provide zealous defense within boundaries of law
53. The Defense Attorney (cont.) Courts do not require assistance of counsel for accused in:
Grand jury investigations
Appeals beyond first review
Disciplinary proceedings in correctional institutions
Post-release revocation hearings
54. The Right to Counsel Legal Services for Indigents
Gideon v. Wainwright
Argersinger v. Hamlin
Public defender systems
Assigned counsel systems
Most do not practice criminal law
Debate over effectiveness of private attorneys versus attorneys provided by state
55. The Competence of Defense Attorneys Strickland v. Washington
Refuse to meet with client
Fail to cross-examine witnesses
Fail to investigate case
Poor advice to client
Conflict of interest between codefendants’ counsel
56. Court Administration Administrative Office Act, 1939
States have been slow to apply court management principles
All states now have some form of court administration
57. Court Administration (cont.) Computers allow courts to fulfill many functions more efficiently
Maintain case history and statistical reporting
Monitor and schedule cases
Notify witnesses, attorneys, and others of required appearances
Select and notify jurors
Prepare and administer budgets
58. Court Administration (cont.) Developing Areas of Court Technology
59. Operations of Criminal Justice Agencies Corrections
6.5 million American adults are under the supervision of the state and federal corrections system.
Less than 30% of convicted offenders are in prisons and jails.
The rest are on probation or parole
60. key correctional goals... Punishment of the offender
61. corrections the variety of programs, services, facilities, and organizations responsible for the management of individuals who have been accused or convicted of criminal offenses
notes for slide 2notes for slide 2
62. “social control” the actions and practices of individuals and institutions designed to induce conformity with the norms and rules of society notes for slide 1notes for slide 1
63. most visible forms of corrections = incarceration! Prison
Institution for the incarceration of persons convicted of serious crimes, usually felonies (>yr)
Administered by state (or federal) government Jail
Facility authorized to hold pretrial detainees & sentenced misdemeanants for periods longer than 48 hours.
Usually administered by county government notes for slide 3notes for slide 3
64. Persons under watch: types of correctional supervision
65. major aspects/concerns of “system” framework in corrections
66. complex distribution of correctional responsibilities
67. Prisoners in federal & state prisons/jails
68. Who pays for what? local, state, federal $ spent on CJ functions
69. Cost of corrections, by type of custody (U.S.)
70. Cost to build a prison bed, by security level (U.S.)
71. The “big 4” in prison pop. 2004
72. 3 key challenges of corrections-- + the issues they raise… 1. Managing the correctional organization
Goals: purposes? conflict?
Funding: who will pay? how much? for what?
Bureaucracy: who does what?
Interagency coordination: overlapping jurisdiction? who resolves adverse consequences of system-impacting decisions?
73. ...challenges of corrections (continued) 2. Working with the offenders
Coordinating actions of both professional vs. nonprofessional staff
Uncertain technologies: don’t know what works? when?
Exchange issues: maintaining control over offenders
Uncertain correctional strategies: what are we trying to do? how best to accomplish it?
74. ...challenges of corrections (continued) 3. “Connecting corrections with important values” i.e., remaining mindful that corrections is imbued with important values about social relations & social control
legal/moral/ethical limits on state authority
75. The Flow of Decision Making in the Criminal Justice System Steps in the Decision-Making Process
Investigation – crime is reported or police witness a crime.
Arrest – physically taking a person into custody pending a court proceeding if enough evidence is available showing a crime has been committed.
Booking – fingerprinted, photographed, questioned, and placed in a lineup.
76. The Flow of Decision Making in the Criminal Justice System Steps in the Decision-Making Process
Charging – decision to charge is crucial because it sets in motion the adjudication of the case.
Initial appearance – given formal notice of charges, advised of rights, possibly post bail.
Preliminary hearing/grand jury – does probable cause exist to proceed?
77. The Flow of Decision Making in the Criminal Justice System Steps in the Decision-Making Process
Indictment/information – a document returned by a grand jury as a “true bill” charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney.
Arraignment – defendant has opportunity to enter a plea to the charges.
Trial – Only about 10-15% of cases go to trial and 5% are heard by juries.
Sentencing – imposing punishment suitable to the offender and the offense within limits of the law.
78. The Flow of Decision Making in the Criminal Justice System Steps in the Decision-Making Process
Appeal – those found guilty can appeal conviction to a higher court.
Corrections – the court’s sentence is carried out by the correctional subsystem.
Release – may occur when offender has served full sentence imposed by the court or paroled to the community.
79. Crime Control versus Due Process Herbert Packer (1968)
Crime Control Model – assumes freedom is so important that every effort must be made to repress crime
Emphasizes efficiency, speed, finality
Goal of high rate of apprehension of offenders
Goal of high rate of conviction and disposition of cases
80. Crime Control versus Due Process Due Process Model – assumes freedom is so important that every effort must be made to ensure criminal justice decisions are based on reliable information
Emphasizes adversarial process
Rights of defendants should be protected
Formal decision-making procedures.