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Chapter Fourteen The Criminal Justice System. Criminology 9 th edition Larry J. Siegel. The Criminal Justice System. POLICE - COURTS - CORRECTIONS AN INSTRUMENT OF SOCIAL CONTROL. Government and the CJ “System”.

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chapter fourteen the criminal justice system

Chapter FourteenThe Criminal Justice System

Criminology 9th edition

Larry J. Siegel

the criminal justice system
The Criminal Justice System

POLICE - COURTS - CORRECTIONS

AN INSTRUMENT OF SOCIAL CONTROL

government and the cj system
Government and the CJ “System”
  • Wickersham Commission (1931) – a national study group under President Hoover that analyzed the CJ system and advocated treatment and rehabilitation.
  • The President’s Commission on Law Enforcement and the Administration of Justice (1967) – a comprehensive study under President Johnson which led to the Safe Streets and Crime Control Act of 1968. Provided huge federal funding for state and local crime control efforts.
the criminal justice system4
The Criminal Justice System
  • It is an integrated system.
  • It handles more than 15 million law violators each year.
  • It controls criminal behavior from arrest through trial, from punishment to release.
  • It consists of more than 55,000 public agencies.
  • It costs federal, state, and local governments nearly $150 billion for civil and criminal justice.
question
Question

How should we control discretion

within the criminal justice system?

How should we determine accountability?

role of the police
Role of the Police
  • Maintain order
  • Traffic enforcement
  • Crime prevention and control
  • Human service functions
  • Vast discretionary powers
  • Most visible of the CJ system
question7
Question

What is racial profiling?

Is racial profiling ever justified

as a security measure?

effects of arrest
Effects of Arrest

DEPRIVATION OF LIBERTY

I

PRESUMPTION OF GUILT or INNOCENCE

I

BAIL / PRE-TRIAL DETENTION

I

EQUAL TREATMENT?

I

EFFECTS OF UNEQUAL TREATMENT

ON THE “IN – OUT” DECISION

and SENTENCE LENGTH

role of the criminal courts
Role of the Criminal Courts
  • Core element of the CJ system
  • Courtroom workgroup: Judge, prosecutor, and public defender/defense attorney
  • Governed by case law, statutes, and constitutional mandates
  • Adversarial process?
  • Consists of:
    • lower courts
    • superior courts
    • appellate courts
questions
Questions

In which key stages of the criminal justice process does the prosecutor have the most discretion?

In what way?

Who determines the sentence?

What is the courtroom work group?

role of corrections
Role of Corrections
  • Post judicatory care
  • Probation
  • Electronic monitoring to Confinement
  • Parole (Used sparingly in the federal CJ system and not in some states)
  • Confinement consists of home detention, halfway houses, jails, and prisons
questions13
Questions

In Florida, how should we

control the discretion of parole officials?

Should we eliminate parole?

slide15

DISCRETION and DECISION MAKING AFFECT EACH STAGE OF THECRIMINAL JUSTICE PROCESSWhat outside sources influence these two factors?Do these differ at different stages?

procedural laws
Procedural Laws

Procedural laws control the action of the agencies

of justice and define certain rights

of criminal defendants.

Sources of procedural laws:

  • Bill of Rights(First Ten Amendments)
  • 14th Amendmentmakes the first 10 amendments of the U.S. Constitution binding on state governments
  • U.S. Supreme Courtinterprets and sets out procedural laws, i.e., 6th Amendment – right to counsel, Gideon v. Wainwright.
fourteenth amendment
Fourteenth Amendment

Holds states to similar

standards as the federal government.

Theory of

incorporation