Components of Criminal Justice Components of Criminal Justice The Criminal Justice System Police Courts Corrections
Role of the Police • Maintain order • Investigation and Arrest • Provide emergency service • “GATE KEEPERS”
Types of Police Agencies • Municipal (city cops) • County Level (Sheriff) • State Level (State Troopers) • Federal (FBI, Secret Service, DEA)
Role of the Courts • To seek truth & obtain justice • To adjudicate & sentence • Consists of: • Misdemeanor • Felony • Appellate
Prosecution and Defense vs. • Opponents in an adversarial system • Prosecutor represents the people • Defense represents the accused
What does corrections correct? Role of Corrections • Probation • Intermediate Sanctions • Prisons • Post-Release Supervision
Juvenile Justice System Clients are:Delinquents(juveniles who commit crime) Status Offenders (truants, runaways, incorrigible or unmanageable juveniles)
Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated
Models of Criminal Justice • Herbert Packer (1964) • First, what a great last name! • Crime Control Model • “Assembly Line” • Goal = punish criminal offenders, maintain order • Due Process Model • “Obstacle Course” • Goal is eliminating errors, limit abuses of the system
Procedural Law • Procedural laws control the action of the agencies of justice and define the rights of criminal defendants
Bill of Rights • First ten amendments to the U.S. Constitution. • Purpose is to prevent government from usurping the personal freedom of citizens. • Applied to state actions through the use of the Due Process clause of the 14th Amendment.
Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.
Exclusionary Rule • The exclusionary rule is not in the Constitution. It is the product of the United State Supreme Court • Weeks v. U.S. (1914) • Mapp v. Ohio (1961)
Fifth Amendment • Deals with admissibility of illegally obtained confessions and self-incrimination. • Miranda v Arizona governs custodial interrogations. • Contains double jeopardy clause. • Contains “Due process” as it applies to the federal government.
“Shaping” Rules • Rules are typically created through judicial decisions (case law) • Subsequent cases provide judges the opportunity to clarify, tighten or broaden past rules • Example = “good faith” exceptions to the exclusionary rule
Beyond Packer • Ideology • Conservative vs. Liberal • History of Crime Control in the U.S. • Pre-1850s • 1850s-1920s • 1920s-1960s (Progressive Era) • 1960s-1970s (Turmoil) • 1980s-??? (Crime Control Era)
History of Criminal Justice • Prior to the 1800s • Humans viewed as “depraved” and immune to change • Purpose of CJ system = punishment • Punishment = corporal and public • 1850s-1900 • Enlightenment/Classical School • Prison becomes primary punishment tool • Belief that discipline/regiment could cure • Match punishment with severity of crime
The Progressive Movement • Faith in the Government to Cure Social Ills • Progressives = middle class men and women. • Social Ills = poverty, working conditions, crime. • Criminal Justice • Indeterminate Sentencing • Rehabilitation • Juvenile Justice system • Probation and Parole.
Turmoil in the 1960s and Early 1970s • Liberals (progressives) • We can no longer trust the government • Conservatives • Rehabilitation = “coddling” • Coddling criminals has created more crime and disorder—Get back to “classical school” • The Due Process Movement has hurt crime control efforts
Strange Bedfellows 1970-1980 • Liberals = Justice Model • Reduce discretion through determinate sentencing and sentencing guidelines • Abolish parole • Shorten Sentences • Conservatives = Crime Control Model • Reduce discretion through determinate sentences and sentencing guidelines • Abolish parole • Lengthen sentences
The Conservative Agenda Wins Out1980s--???? • Crime Control Model • Rehabilitation Doesn’t work • Harsh Sentences Deter Crime • Incapacitation Works • Policy • Abolish parole • Enact sentencing guidelines (Increase Sentence Length) • Mandatory minimum sentences • 3 Strikes Legislation • Increase Use of Death Penalty
Current Liberal Ideology • Justice Model Liberals • “Prevent Harm” • Focus on Social Inequality/Root Causes • Re-affirm Rehabilitation • Also focus on “prevention” programs • “Restorative Justice” • Mediation, Sentencing Circles, etc.