Chapter 1: The Criminal Justice System

Learning Objectives Understand the goals of the criminal justice system Recognize the different responsibilities of federal and state criminal justice operations Analyze criminal justice from a system perspective Identify the authority and relationships of the main criminal justice agencies, and understand the steps in the decision-making process for criminal cases Understand the criminal justice “Wedding Cake” concept as well as the Due Process Model and Crime Control Model Recognize the possible causes of racial disparities in criminal justice

The Casey Anthony Murders In July of 2011 Casey Anthony was arrested for the murder of her child. While there was a strong circumstantial case, there was little physical evidence. Most casual viewers and media assumed she was guilty, yet the jury acquitted her What decisions lead to her acquittal? What do you think was unique and what was common about this case?

Goals of the Criminal Justice System Doing Justice Basis for the rules, procedures, and institutions of the criminal justice system Controlling Crime Procedures and legal processes used by the criminal justice system, such as arrest, prosecution, adjudication, and punishment. Preventing Crime Deterrent effect of the actions of police, courts, and corrections

Federalism and the Justice System A system of government in which power is divided between: Central (National) government Regional (State) governments The majority of criminal laws are enacted and enforced at the state level

Figure 1.1

Expansion of Federal Involvement Since the 1960s the national government has significantly increased its powers and scope within the criminal justice system President’s Commission on Law Enforcement and the Administration of Justice (1967) Recommended significant increase in federal involvement for uniformity and consistency among jurisdictions Significant federal funding through grants to state and local agencies and organizations

Expansion of Federal Involvement Increased federal investigation and prosecution of interstate crimes Increased interstate gang and drug crimes led to aggressive federal response September 11, 2001 The terrorist attacks on the World Trade Center and the Pentagon changed the face of law enforcement interaction Led to the creation of the powerful U.S. Department of Homeland Security Increased federal cooperative investigation and funding to state and local agencies

Conflict between Federal & State Systems Currently, many states want a harsher approach taken to illegal aliens Arizona has passed identification laws that seek to find and deport illegal aliens Traditionally, the Federal government handled illegal aliens Some see this an the states acting outside their traditional roles Some see this as a necessity when the federal government doesn’t act

Criminal Justice as Social System A complex whole consisting of interdependent parts whose actions are directed toward goals and are influenced by the environment within which they function. To achieve the goals of criminal justice, many kinds of organizations—police, prosecution, courts, corrections—have been formed Each has its own functions and personnel

Figure 1.2

Exchange Mutual transfer of resources among individual actors, each of whom has goals that he or she cannot accomplish alone A balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives

Plea Bargain as Exchange A defendant’s plea of guilty to a criminal charge with the reasonable expectation of receiving a reduction of the charge or punishment Probably the most obvious example of exchange

Characteristics of the Criminal Justice System Discretion The ability to exercise independent judgment and decision making Resource dependence The system relies on limited outside funding Sequential tasks Decisions occur in a specific order Filtering Gradually most people exit the system

The American criminal justice system Three Major Components: Police Courts Corrections

Police Four Major Duties: Keeping the peace Apprehending violators and combating crime Preventing crime Providing social services

Courts The United States has a dual court system that consists of a separate judicial system for each state in addition to a national system Courts are responsible for adjudication— determining whether or not a defendant is guilty

Corrections Nearly seven million American adults (1 of every 31) are under the supervision of state and federal corrections systems There is no “typical” correctional agency Agencies and programs are provided by private and public organizations— including federal, state, and local governments

The Flow of Decision Making in the Criminal Justice System Police Investigate Arrest Book Prosecution Charging Initial Appearance Preliminary Hearing/Grand Jury Indictment/Information Courts Arraignment Trial Sentencing Appeal Correction Corrections Jail, Prison or Probation Release

FIGURE 1.4

The Criminal Justice Wedding Cake Layer 1 “Celebrated” cases that are highly unusual, receive much public attention, result in a jury trial, and often drag on through many appeals Layer 2 Felonies that are considered serious by officials Layer 3 Consists of felonies, but the crimes and the offenders are seen as less important than those in Layer 2 Layer 4 Misdemeanors, of which about 90 percent of all cases fall into this category

The Wedding cake model

Crime Control versus Due Process Herbert Packer (1968) - described two competing models of the administration of criminal justice: The Crime Control Model The Due Process Model Packer’s model is one of the most important contributions to systematic thought about the administration of justice

Crime Control Model A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime Emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders Order is most important value

Due Process Model A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information Emphasizes the adversarial process, the rights of defendants, and formal decision- making procedures Law is most important value

Crime and Justice in a Multicultural Society Disparity and discrimination African-Americans and other minorities are adjudicated and incarcerated at proportionally higher rates than non-minorities Proportion of Hispanics in prison has sharply increased since 1980 By a ratio of 10:1 African-American males are more likely to be victims of homicide than white males

George Zimmerman and Trayvon Martin On February 26, 2012 George Zimmerman shot and killed Trayvon Martin Zimmerman claimed he was acting in self defense after Martin assaulted him Martin’s defenders claim Zimmerman was armed and confronted Martin without cause How do you think different cultural assumptions and bias are shaping the case?

Disparity and Discrimination A difference between groups These differences can often be explained by legitimate factors Discrimination Occurs when groups are differentially treated without regard to their behavior or qualifications

Explaining Disparities People of color commit more crimes The criminal justice system is racist, with the result that people of color are treated more harshly The criminal justice system expresses the racism found in society as a whole

John Edwards Trial In 2012 former Senator John Edwards went on trial. While the media and public focused on accusation of infidelity, the trial was over violations of campaign finance laws. Were the resourced devoted to the case proportional to the crime? The charges were ultimately dropped. How do you think the justice system performed overall?