The American System of Criminal Justice, Eighth Edition by George F The American System of Criminal Justice, Eighth Edition by George F. Cole and Christopher E. Smith Chapter 1 Crime and Justice in America ©1998 Wadsworth / WEST Publishing Company

Crime A specific act of commission or omission in violation of the law for which a punishment is prescribed.

Crime and Justice as Public Police Issues Reiman argument: system designed to project the image of crime rather than to reduce crime or achieve justice. Democratic Values Liberals worry about reducing rights and due process. Reduce Crime Conservatives advocate stricter enforcement of laws.

Public Order and Individual Freedom The classic struggle law makers deal with is how to keep the public order while still insuring freedom for the individual.

Crime Control Model A model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed and finality are emphasized. The system must have a high capacity to catch, convict and dispose of offenders.

Due Process Model A different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure the decisions are fair and reliable, based on law and formal proceedings.

Strengths/Weaknesses Crime Control Model Administrative Process Efficient, Swift, cost-effective Increased Safety Individual Rights? Due Process Model Adversarial Process Individual Rights Stressed Reliability Constitution Inefficient and costly

Multicultural Concerns Many minorities are subjected to the criminal justice system more often than minority members. Disparity: A difference between groups that can be explained by legitimate factors. Discrimination: Groups are differentially treated without regard to their behavior or qualifications.

Possible explanations include: Minorities commit more crimes The criminal justice system is racist American society is racist

Politics of Crime and Justice Crime and Justice Issues Exist in a Political Sphere Crime Control Measures: What VOTERS want? Will Legislation Achieve Goals? E.g.,: Megan’s Law: Michigan's Sex Offender Registry

Goals of the Criminal Justice System Doing Justice Controlling Crime Preventing Crime

Federalism A system of government in which power is divided between a central (national) government and regional (state) governments.

Dual Justice Systems State systems handle alleged violations of state law. The federal system handles alleged violations of federal law.

Dual System: Recent Developments Increased Federalization of Crime: Now the federal government pursues organized crime gangs dealing with drugs, pornography, and gambling on a national basis. The existence of multiple criminal justice systems makes criminal justice in the United States highly decentralized.

Government and Criminal Justice: What are the connections? Judicial Branch - the courts Executive Branch - President & Governors & administrative offices Legislative Branch - those units that make substantive & procedural law 12

Executive Branch Carries out (executes) many acts of government Holds powers of appointment and pardons Provides leadership for crime control 16

Legislative Branch Defines criminal behavior Establishes penalties Passes laws governing criminal procedure Funds crime-control programs 13

Judicial Branch Administers the process by which criminal responsibility is determined Appellate courts interpret laws & review legislative decision making 14

The Systems Perspective: Exchange Relationships U.S. attorney Attorney general Courts County commissioners Prosecuting attorney Community influentials County agencies Defense lawyers Police

The Criminal Justice System (or Non-System)? How Well Do Various Criminal Justice Agencies Function as a “System”? Do Legislatures Realize the “Exchange Relations” of Systems Theory? 1994 Omnibus Violent Crime and Control Act: 100,000 New Community Policing Officers New Drug Courts But, No NEW significant funding for Prosecutors, other Courts, or Community-Based Correction Programs

Characteristics of the Criminal Justice System Discretion: Ability to act according to one’s own judgment and conscious Resource Dependence: CJ agencies to not produce their own resources, but depend on others for their allocation Sequential Tasks: Each part of CJ system has distinct tasks that are carried out sequentially Filtering: Process of screening cases

Filtering Process SCAN IN PICTURE…..

Politics of Criminal Justice Power held by few to control: Society in general Criminals What (or whose) standards define “control”? 11

Operations of Criminal Justice Agencies Police Most at Local Level Keeping Peace; Apprehending Violators Preventing Crime Providing Social Services Courts Dual Court System: judicial for each state and national system Different Interpretations in Different States Responsible for Adjudication Corrections Less Than 30% of convicted offenders are in prison or jails; the rest are being supervised in community-based corrections

Flow of Criminal Justice System Discretionary Decision The disposition of cases in the criminal justice system involves a series of decisions made by police officers, prosecutors, judges, probation officers, wardens, and other officials who decide whether a case will move on to the next point or be dropped from the system. See Page 27-28 for Flow of Decision Making

Criminal Justice Wedding Cake: Layer 1 Celebrated perpetrators Celebrated victims Type the media loves Cases that make Supreme Court precedents 1 35

Criminal Justice Wedding Cake: Layer 2 Serious felonies by experienced offenders Violent crimes Property crimes with high $ value Get full attention of the CJ system 2 36

Criminal Justice Wedding Cake: Layer 3 First time offender less serious offenses which may be felonies Less serious personal injury or low $ value Dealt with less seriously, maybe probation 3 37

Criminal Justice Wedding Cake: Layer 4 Most misdemeanors Handled in assembly-line fashion Typical penalty is a small fine Having to go to court may be the “real” punishment 4 38

Important Implications to Wedding Cake Model Most attention is given to fewest number of cases Average Person’s Perception of CJ System is Result of Celebrated Cases Greatest Number of Offenders Are Low-Level Offenders