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The Criminal Justice Process
• Cycles individuals from the status of “free citizen” to that of suspect, then defendant, to convicted offender, probationer/inmate, parolee/released “offender” – as such “integrates” the System
How does this work?
– A series of stages administered by a number of subsystems with different goals, values, and structures
– The activities are expected to “sum to the “overall goal” and create the appearance of a “system
The Stages in the Process
• Observation/Report• Investigation• Arrest/Booking• Initial Appearance• Determination of
Formal Charge• Arraignment,
Indictment, or Information
• Hearing on Pre-Trial Motions
• Trial• Sentencing• Appeals/Post
Conviction Remedies• Conditions of Sentence• Release• Parole/Revocation• Discharge
Bases for the Process – Values and Value Conflicts
• Due process• Fundamental Fairness• Propriety• Freedom from Cruel and Unusual Punishment• Equal Protection• Rule of Law• Presumption of Innocence
Values (cont)
• Constitutional Government• Separation of Power• Federalism• Civil Rights• Majority Rule• Individualism• Human Dignity• Social Justice
Multiple Goals
• Detect, Apprehend, Convict, Incapacitate
• Deter Potential Offenders
• Create an Ordered Society
Solving Crime
• Control crime by solving offenses, arresting suspects, and processing and incapacitating offenders
– Deals with the immediate and rests on the discovery of past criminal behavior
Preventing Crime
• Preventing crime through these processes or other means
– Forward looking, forecasting, forestalling future crimes by present interventions
Measures of Effectiveness
• High arrest rates• Charging the highest
possible crimes• Convicting offenders
as charged• Sentencing to
maximum terms
• Arrest only under extreme conditions
• Direct violators to other agencies
• Charge only according to what is best for the person
• Use probation/community corrections for a short period of time
Questions Raised
• What is a “good” judge?
• What is a “good” prosecutor?
• What is a “good” corrections program?
• What is a “good” law enforcement” agency?
Approaches to Deterrence
• Belief in the certainty of criminal justice process and reliance on the severity of consequences
• System should be nearly invisible while having a belief that it is operating efficiently
• Prevention of opportunities
Creating an Ordered Society
• Effectiveness and efficiency of the Criminal Justice Process
• Reliance on elements which are more symbolic and ceremonial
Note: The agencies in the Criminal Justice System are “agents” of the status quo
Conclusions and Consequences
• The Criminal Justice System is comprised of a set of “subsystems” which have different and sometimes contradictory goals
• Personnel within agency unit can be expected to have a vested interest in its survival if not expansion
• System maintenance concerns are important factors in understanding the way the CJS operates and provide a basis for change
Present Conditions – no CJS agency is completely effective and efficient
• Most crimes, particularly property crimes reported to the police are never “solved”
• Prosecutorial role is often one of negotiation rather than trial
• Judges are somewhat unsure of their effectiveness in sentencing
• Correctional programs often fall far short of rehabilitation or reintegration
Functions Differ – but regardless of goals rests on governmental authority – it is a
“legal” system
• Law Enforcement
• Prosecutorial/Defense
• Trial Court
• Corrections
Law Enforcement Functions
• Enforce Laws
• Maintain Order
• Provide Services
• Enforce Convenience Norms
Sources of Authority Differ
• Legislative
• Executive
• Judicial (Appellate Courts)
• Administrative
Authorities
• Crimes are defined by legislation• Executive branch functions primarily to initiate
legislation, appoint administrators and propose budgets
• Appellate courts interpret the laws• Administrative agencies and officers e.g. police,
prosecution, trial courts enforce law, collectively operate the overall CJ process and assure various degrees of operational rule-making authority
Differ in Structure• Distinctness of agencies and offices – non-
interchangeable personnel
• Separate, unrelated budgets
• Differing, jurisdictional boundaries – e.g not one police agency