The Criminal Justice System: An OverviewThe Criminal Justice System: An OverviewFundamentals of Criminology

Dr. Lydia Voigt

Fundamentals of Criminology

Dr. Lydia Voigt

Police C ourts C orrections

The C rim inal Justice System

Components of Criminal JusticeComponents of Criminal Justice

American Criminal Justice in Historical Perspective

American Criminal Justice in Historical Perspective

Gradual organizational changes in the CJ system have been brought about by increased urbanization, increases in the incidence of crime, and the expansion of due process rules and procedures.

Gradual organizational changes in the CJ system have been brought about by increased urbanization, increases in the incidence of crime, and the expansion of due process rules and procedures.

The Criminal Justice System: Discretion at All Levels:

The Criminal Justice System: Discretion at All Levels:

• Police: - whether to make an arrest or not• Prosecutors – whether to reduce charges

against alleged offenders• Judges – whether to set sentences within

some minimum and maximum range of punishments

• Correction personnel – whether to assign offenders to specific types of facilities, award privileges, or punish disciplinary infractions

• Police: - whether to make an arrest or not• Prosecutors – whether to reduce charges

against alleged offenders• Judges – whether to set sentences within

some minimum and maximum range of punishments

• Correction personnel – whether to assign offenders to specific types of facilities, award privileges, or punish disciplinary infractions

Police Work and Law EnforcementPolice Work and Law Enforcement

• History of Police

The English legacy: The London Metropolitan Police Act – 1829

Early American Police agencies: New York City police force – 1845

Current characteristics of the police force

• History of Police

The English legacy: The London Metropolitan Police Act – 1829

Early American Police agencies: New York City police force – 1845

Current characteristics of the police force

Role of the PoliceRole of the Police

• Maintain public order

• Provide community service

• Enforce criminal and traffic law

• Maintain public order

• Provide community service

• Enforce criminal and traffic law

Maintaining Public OrderMaintaining Public Order

• Police intervene when public order has been breached (e.g., crowd control, break-up fights, manage traffic after accident).

• Peacekeeping function allows wide personal discretion in how actual or threatened breaches to public peace are managed.

• Emphasis is on creating a sense of safety and security.

• Police intervene when public order has been breached (e.g., crowd control, break-up fights, manage traffic after accident).

• Peacekeeping function allows wide personal discretion in how actual or threatened breaches to public peace are managed.

• Emphasis is on creating a sense of safety and security.

Providing Community ServiceProviding Community Service

• Police officers devote considerable time to such things as transporting the sick to hospitals, finding lost children, giving first aid, helping stranded motorists, giving road directions, etc.

• 70-80% of police calls are service related (Jerome Skolnick and David Bayley, The New Blue Line (1986))

• Police officers devote considerable time to such things as transporting the sick to hospitals, finding lost children, giving first aid, helping stranded motorists, giving road directions, etc.

• 70-80% of police calls are service related (Jerome Skolnick and David Bayley, The New Blue Line (1986))

Enforcing the Criminal LawEnforcing the Criminal Law

• Police officers exercise their power to sanction the breach of criminal laws by giving warnings, making arrests, issuing traffic citations, or searching for and collecting evidence of crimes.

• Police in crime-fighting role have been described as gatekeepers of the CJ system, because their discretionary power can have life-altering consequences for citizens.

• Police officers exercise their power to sanction the breach of criminal laws by giving warnings, making arrests, issuing traffic citations, or searching for and collecting evidence of crimes.

• Police in crime-fighting role have been described as gatekeepers of the CJ system, because their discretionary power can have life-altering consequences for citizens.

Issues in PolicingIssues in Policing

Among the occupational hazards of the police is the contradiction embedded within the police mandate to achieve maximum order within the framework of maximum legality.

Among the occupational hazards of the police is the contradiction embedded within the police mandate to achieve maximum order within the framework of maximum legality.

Police Effectiveness and ReformPolice Effectiveness and Reform

• Foot patrol

• Community-oriented policing

• Problem-oriented policing

• Foot patrol

• Community-oriented policing

• Problem-oriented policing

Foot PatrolFoot Patrol

• Contributes to improved police-community relations by virtue of “personalizing” the police presence in the community, and to improved morale and job satisfaction among patrol officers

• Police foot patrols deter crimes simply being visible

• Contributes to improved police-community relations by virtue of “personalizing” the police presence in the community, and to improved morale and job satisfaction among patrol officers

• Police foot patrols deter crimes simply being visible

Community-Oriented PolicingCommunity-Oriented Policing

• Foot patrol implemented• Elicit citizen cooperation• Public safety• Order maintenance• Inter-agency cooperation (schools, churches,

social services)• Identify neighborhood problems and needs• Set a course of action for an effective

response

• Foot patrol implemented• Elicit citizen cooperation• Public safety• Order maintenance• Inter-agency cooperation (schools, churches,

social services)• Identify neighborhood problems and needs• Set a course of action for an effective

response

Problem-Oriented PolicingProblem-Oriented Policing

• Community-oriented, problem-solving approach

• Emphasis on identifying, assessing, and addressing crime-related community issues

• Crackdowns – involves targeting a particular problem area and reallocating resources

• Hot-spots – focusing on high crime rate locations, e.g., bars, malls bus depot, certain neighborhoods

• Stages: scanning, analysis, and response

• Community-oriented, problem-solving approach

• Emphasis on identifying, assessing, and addressing crime-related community issues

• Crackdowns – involves targeting a particular problem area and reallocating resources

• Hot-spots – focusing on high crime rate locations, e.g., bars, malls bus depot, certain neighborhoods

• Stages: scanning, analysis, and response

Role of the CourtsRole of the Courts

• To seek truth & obtain justice

• To adjudicate & sentence

• Consists of:– lower courts– superior courts– appellate courts

• To seek truth & obtain justice

• To adjudicate & sentence

• Consists of:– lower courts– superior courts– appellate courts

Prosecution and Defense

• Opponents in an adversarial system

• Prosecutor represents the people

• Defense represents the accused

• Opponents in an adversarial system

• Prosecutor represents the people

• Defense represents the accused

The Criminal Justice Process

The Criminal Justice Process

Juvenile Justice SystemJuvenile Justice System

Clients are:Delinquents (juveniles who commit crime)

Children in Need of Supervision (Abandoned, abused children)Status Offenders(truants, runaways, incorrigible or unmanageable juveniles)

Clients are:Delinquents (juveniles who commit crime)

Children in Need of Supervision (Abandoned, abused children)Status Offenders(truants, runaways, incorrigible or unmanageable juveniles)

Outcome of 1,000 Serious Cases

Outcome of 1,000 Serious Cases

The Common Law: Historical Roots

The Common Law: Historical Roots

Formal law in the colonies was adopted from existing English law, which today is known as common law.

Formal law in the colonies was adopted from existing English law, which today is known as common law.

U.S. Criminal Law SystemsU.S. Criminal Law Systems

Include:

• Common law crimes

• Statutes• Court decisions

Include:

• Common law crimes

• Statutes• Court decisions

Comparison of Felony and Misdemeanors

Comparison of Felony and Misdemeanors

Felony • More serious than

misdemeanor

• Punishable by death or imprisonment in a penitentiary

Misdemeanor • A less serious

crime

• Punishable by fine, probation, community service, or jail time (less than a year)

Procedural LawProcedural Law

Procedural laws control the action of the agencies of justice and define the rights of criminal defendants.

Procedural laws control the action of the agencies of justice and define the rights of criminal defendants.

Bill of RightsBill 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.

• 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 AmendmentFourth Amendment

The right of the people to be secure in their The right of the people to be secure in their persons, houses, papers, and effects, against persons, houses, papers, and effects, against unreasonable searches and seizures, shall not unreasonable searches and seizures, shall not be violated, and be violated, and no warrants shall be issued, no warrants shall be issued, but upon probable causebut upon probable cause, supported by oath , supported by oath or affirmation and particularly describing the or affirmation and particularly describing the place to be searched, and the persons or things place to be searched, and the persons or things to be seized.to be seized.

Exclusionary RuleExclusionary Rule

• The Exclusionary Rule is not in the Constitution. It is the product of the United State Supreme Court.• The rule disallows illegally obtained evidence at trial, and effectively enforces clauses of the 4th Amendment.

• The Exclusionary Rule is not in the Constitution. It is the product of the United State Supreme Court.• The rule disallows illegally obtained evidence at trial, and effectively enforces clauses of the 4th Amendment.

The “Handcuffing” Impact of the Exclusionary Rule

The “Handcuffing” Impact of the Exclusionary Rule

• Research evidence indicates that only a tiny fraction of felony cases (between 1% and 3%) are dismissed or lost because of exclusions based on Miranda or search and seizure violations (e.g., C. Uchida and T. Bynum. “Search Warrants, Motions to Suppress and ‘Lost Cases’ : The Effects of the Exclusionary Rule in Seven Jurisdictions.” Journal of Criminal Law and Criminology 1991 (81): 1034-1066

• Research evidence indicates that only a tiny fraction of felony cases (between 1% and 3%) are dismissed or lost because of exclusions based on Miranda or search and seizure violations (e.g., C. Uchida and T. Bynum. “Search Warrants, Motions to Suppress and ‘Lost Cases’ : The Effects of the Exclusionary Rule in Seven Jurisdictions.” Journal of Criminal Law and Criminology 1991 (81): 1034-1066

Fifth AmendmentFifth 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.

• 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.

Miranda v. Arizona (1966)Miranda v. Arizona (1966)

• You have the right to remain silent.• It you decide to make a statement, the

statement can and will be used against you in a court of law.

• You have the right to have an attorney present at the time of the interrogation, or you will have an opportunity to consult with an attorney.

• If you cannot afford an attorney, one will be appointed for you by the state.

• You have the right to remain silent.• It you decide to make a statement, the

statement can and will be used against you in a court of law.

• You have the right to have an attorney present at the time of the interrogation, or you will have an opportunity to consult with an attorney.

• If you cannot afford an attorney, one will be appointed for you by the state.

• Right to speedy and public trial

• Right to impartial jury

• Right to be informed of charges

• Right to confront adverse witnesses

• Right to be provided assistance of counsel

Sixth AmendmentSixth Amendment

Fourteenth AmendmentFourteenth Amendment

Used to hold states to similar standardsas the federal government.Used to hold states to similar standardsas the federal government.

Theories of incorporationTheories of incorporation

Procedural Safeguards of Due Process

Procedural Safeguards of Due Process

Notice of chargesNotice of chargesA formal hearingA formal hearingThe right to counsel or other representationThe right to counsel or other representationThe opportunity to respond to chargesThe opportunity to respond to chargesThe opportunity to confront or cross-examine The opportunity to confront or cross-examine witnesses witnesses Freedom from self-incriminationFreedom from self-incriminationOpportunity to present own witnessesOpportunity to present own witnessesDecision based on substantial evidence and factsDecision based on substantial evidence and factsWritten statement of reason for decisionWritten statement of reason for decisionAppellate review procedureAppellate review procedure

Concepts of CrimeConcepts of Crime

Effects of the Crime Control Perspective

Effects of the Crime Control Perspective

Mandatory sentencing “Three strikes and you’re out”Preventative detentionAbolition of parole

Effects of the Due Process Perspective

Effects of the Due Process Perspective

• Exclusionary rule

• Right to attorney at all stages of the process

• Due process rights given to juveniles

• Granting prison inmates fundamental legal entitlements

The Structure of the Criminal Justice System

The Structure of the Criminal Justice System

• The federal system

• State courts

• The federal system

• State courts

The Criminal justice ProcessThe Criminal justice Process

• Arrest• Booking• Initial Appearance Hearing• Pretrial Release or preventive detention• Preliminary hearing• Indictment• Arraignment• Guilty pleas• Criminal trial• Sentencing upon conviction

• Arrest• Booking• Initial Appearance Hearing• Pretrial Release or preventive detention• Preliminary hearing• Indictment• Arraignment• Guilty pleas• Criminal trial• Sentencing upon conviction

Major Actors in the Judicatory Process

Major Actors in the Judicatory Process

• The public prosecutor

• Defense attorney

• Judges

• The public prosecutor

• Defense attorney

• Judges

Methods of Determining the Factual Issues of Guilt or Innocence

Methods of Determining the Factual Issues of Guilt or Innocence

• Plea bargaining

implicit pleas

explicit pleas

• Criminal trial

• Plea bargaining

implicit pleas

explicit pleas

• Criminal trial

The Felony TrialThe Felony Trial

• Selection, instruction, and swearing of jury• Reading grand jury indictment containing specific

charges at the arraignment• Opening arguments of prosecutor and defense attorney• Direct and cross-examination of witnesses• Closing arguments (summation), first of prosecutor and

then the defense• Judges charge and instruct the jury• Jury deliberation• Jury’s verdict or mistrial• Sentencing upon conviction

• Selection, instruction, and swearing of jury• Reading grand jury indictment containing specific

charges at the arraignment• Opening arguments of prosecutor and defense attorney• Direct and cross-examination of witnesses• Closing arguments (summation), first of prosecutor and

then the defense• Judges charge and instruct the jury• Jury deliberation• Jury’s verdict or mistrial• Sentencing upon conviction

Criticism of the CourtsCriticism of the Courts

• Overcrowded dockets

• Assembly-line justice

• Too many inducements to plead guilty

• Too few jury trials

• Speedy trials are unattainable

• Overcrowded dockets

• Assembly-line justice

• Too many inducements to plead guilty

• Too few jury trials

• Speedy trials are unattainable

Sentencing OptionsSentencing Options

• Fines

• Probation

• Community service

• Restitution to victims

• Incarceration

• Capital punishment

• Fines

• Probation

• Community service

• Restitution to victims

• Incarceration

• Capital punishment

Types of SentencesTypes of Sentences

• Indeterminate sentence

• Determinate sentence

• Mandatory minimum sentence

• Indeterminate sentence

• Determinate sentence

• Mandatory minimum sentence

Death Penalty IssuesDeath Penalty Issues

• The moral question: Is it right?

• The utilitarian question: Does it work?

• The fallibility question: Does it Kill innocent people?

• The fairness question: Does it discriminate?

• The moral question: Is it right?

• The utilitarian question: Does it work?

• The fallibility question: Does it Kill innocent people?

• The fairness question: Does it discriminate?

Role of CorrectionsRole of Corrections

• Community supervision

• Probation

• Confinement

• Parole

The History of PrisonsThe History of Prisons

• Pennsylvania prison system• The Auburn system• The modern prison era

Minimum security prisons

Medium security prisons

Maximum security prisons

Ultra-maximum security prisons• Private prisons

• Pennsylvania prison system• The Auburn system• The modern prison era

Minimum security prisons

Medium security prisons

Maximum security prisons

Ultra-maximum security prisons• Private prisons

Incarceration IssuesIncarceration Issues

• Overcrowding

• Aging prison population

• Prisonization effects

• Prison violence

• Prisoner rights

• Recidivism

• Overcrowding

• Aging prison population

• Prisonization effects

• Prison violence

• Prisoner rights

• Recidivism

Alternatives to IncarcerationAlternatives to Incarceration

• Community based corrections

• Probation

• Shock probation and split sentencing

• House arrest

• Electronic monitoring

• Restitution

• Fines and forfeitures

• Community based corrections

• Probation

• Shock probation and split sentencing

• House arrest

• Electronic monitoring

• Restitution

• Fines and forfeitures

“The contemporary criminal justice system is monumental in size. It consists of more that 55,000

public agencies, and now costs the federal, state, and local governments nearly $150 billion for civil and

criminal justice; this amounts to more that $500 for every resident in the United States” (Siegel 2003: 460).

“The contemporary criminal justice system is monumental in size. It consists of more that 55,000

public agencies, and now costs the federal, state, and local governments nearly $150 billion for civil and

criminal justice; this amounts to more that $500 for every resident in the United States” (Siegel 2003: 460).