Chapter 14

The Criminal Justice System

Origins of the Criminal Justice System

Wickersham Commission President’s Commission on Law Enforcement and the

Administration of Justice, 1967 Law Enforcement Assistance Administration

Origins of the Criminal Justice System

• Weblink

www.abf-sociolegal.org/

What is the Criminal Justice System?

• Definition: refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. More than 55,000 public agencies employ 2 million people 17,000 law enforcement agencies and nearly 17,000 courts More than 8,000 prosecutorial agencies and about 6,000

correctional institutions More than 3,500 probation and parole departments Almost 7 million are under the control of the correctional system

with 2 million people in jails and prisons

The Process of Justice

• Assembly line process (Herbert Packer) Initial contact (with police) Investigation (to identify the perpetrator) Arrest (taken into custody) Custody (booking and interrogation) Complaint/Charging (prosecutor) Preliminary hearing/Grand jury (determine probable cause/indictment) Arraignment (reading of charges/bail and trial date set) Bail or detention (money or recognizance bonds) Plea bargaining (deal struck to avoid trial) Adjudication (trial) Disposition (sentencing) Postconviction remedies (appeals) Correctional treatment (probation/incarceration) Release (parole/end of sentence) Postrelease/Aftercare (return to community)

The Process of Justice

The criminal justice system acts like a funnel Cases are dismissed at various stages Relatively few cases make it through the funnel Impact of celebrity cases Bargain justice is estimated to occur in 90 percent of all criminal

cases

Criminal Justice and the Rule of Law

State and federal courts are supervised by the law of criminal procedure

Procedural laws define rights of criminal defendants and control the actions of agencies

Bill of Rights (applied at both state and federal levels) Exclusionary rule protects defendants from illegal searches and

seizures (not admitting illegally seized evidence)

Concepts of Justice

• Crime Control Model Protect the public and deter criminal behavior Punishment designed to fit the crime Building more prisons and using the death penalty Rooted in choice theory Became a dominant force in American justice in the 1960s and

1970s

Concepts of Justice

• Justice Model Futile to rehabilitate criminals because treatment programs are

ineffective Determinate sentencing is needed for fairness Parole should be abolished

Concepts of Justice

• Due Process Model Individualized justice, treatment, and rehabilitation of offenders Civil rights of accused should be protected Competent defense counsel, jury trials, and procedural

safeguards The desire to protect the public has overshadowed concerns for

the rights of criminal defendants

Concepts of Justice

• Rehabilitation Model Criminals can change into productive citizens with the right care

and treatment Criminals are victims of social injustice, poverty, and racism Dealing effectively with crime requires attacking its root causes Programs that teach interpersonal skills and behavior

modification techniques have produced positive results

Concepts of Justice

• Nonintervention Model Limiting government intrusion into lives of minor offenders Deinstitutionalize nonserious offenders Diverting law violators out of the formal justice system Critics charge there is little evidence that diverting offenders

reduces recidivism

Concepts of Justice

• Restorative Justice Model Promotes a peaceful and just society Religious influences of Quakers and Zen Guided by: 1) community ownership of conflict, material, 2)

symbolic reparation for crime victims, and 3) social reintegration of the offender

Mediation and conflict resolution programs

Concepts of Justice Today

Crime control and justice models have captured the support of legislators and the public

Elliot Currie claims the punitive incarceration-based models are doomed to fail

The cost of justice skyrockets and the criminal justice system becomes overcrowded