Criminal Justice : Process and Perspectives Chapter 16

Objectives Be familiar with the history of the criminal justice system Be familiar with the various stages in the process of justice Understand how criminal justice is shaped by the rule of law Know the elements of the crime control model Know what is meant by the justice model Discuss the elements of due process Be able to argue the merits of the rehabilitation model Understand the concept of nonintervention Know the elements of the restorative justice model

What is the Criminal Justice System? The term criminal justice refers to the agencies of government charged with enforcing law, adjudicating criminals, and correcting criminal conduct. The criminal justice system is essentially an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright.

Contemporary Criminal Justice Monumental in size Federal, state, and local government spend about $200 billion per year for civil and criminal justice It employs more than 2.4 million people 16,000 law enforcement agencies employ almost one million people 600,000 on the local level 330,000 employed by county sheriff’s offices 80,000 state police

Contemporary Criminal Justice The system must process, treat, and care for millions of people each year Although crime has declined, more than 14 million people are arrested each year Almost 7 million people are under the control of the correctional system More than 2 million for serious felony offenses State and federal courts convict more than 1 million adults on felony charges each year

The Process of Justice Initial contact Investigation Arrest Custody Complaint/charging Preliminary hearing/grand jury Arraignment Bail or detention Plea bargaining Trial/adjudication Disposition Postconviction remedies Correctional treatment Release Postrelease/aftercare

Grand Jury In about half of the states, the decision of whether to bring a suspect to trial (indictment) is made by a group of citizens brought together to form a grand jury The grand jury considers the case in a closed hearing, in which only the prosecutor presents evidence

Elements of the Correctional System Probation Prison Jail Parole

The Juvenile Justice System Similarities Discretion Miranda warnings Protected from prejudicial lineups Right to counsel Pretrial motions Negotiations and plea bargaining Right to a hearing and an appeal Standard of evidence, proof beyond a reasonable doubt Probation Pretrial detention facilities Detention without bail if considered dangerous Community treatment programs

The Juvenile Justice System Differences Primary purpose: protection and treatment Age determines jurisdiction Status offenses Proceedings not considered criminal Court procedures are informal and private Courts cannot release identifying information Parents are highly involved Juveniles released into parental custody No constitutional right to a jury Searches in school without probable cause or warrant permitted Sealed records Juveniles cannot be sentenced to jails or state prisons There is no death penalty for juveniles who were under 18 when they committed the crime

Discretion At every stage of the criminal system, a decision is made by an agency whether to proceed with the case or “kick it” from the system. The decision transforms the identity of the individual, from accused to defendant, to convicted criminal, to inmate, and ex-con. Decision making and discretion mark each stage of the system.

Criminal Justice and the Rule of Law Hands- off doctrine until 1960’s Law of criminal procedure: each component of the justice system is closely supervised by state and federal courts Guarantees the citizens certain rights and privileges when they are accused of a crime Right to counsel Bill of Rights Exclusionary rule

Concepts of Criminal Justice Crime Control Model Justice Model Due Process Model Rehabilitation Model Nonintervention Model Restorative Justice Model

Crime Control Model Model asserts that the goals of justice are to protect the public, deter criminal behavior, and incapacitate known offenders Punishment to fit the crime, promote polices to increase the size of police forces, maximize the use of discretion, build more prisons, use the death penalty, and reduce legal controls on the justice system

Justice Model Model calls for fairness in criminal procedures Determinate sentencing of offenders, all offenders in a particular crime category would receive the same sentence Aimed are reducing sentencing disparity

Due Process Model Model combines elements of liberal/positivist criminology with the legal concept of procedural fairness for the accused Individualized justice, treatment, and rehabilitation of offenders Discretion should be used to evaluate the treatment needs of offenders Civil rights of accused are to be protected

Rehabilitation Model Model embraces the notion that given the proper care and treatment, criminals can be changed into productive, law-abiding citizens Suggests that people commit crime as a response to a society that has betrayed them Emphasizes counseling and psychological care in community-based treatment programs Also know as the medical model

Nonintervention Model Model calls for limiting government intrusion into people’s lives Advocates for the deinstitutionalization of nonserious offenders, diversion from formal court process into informal treatment programs, and decriminalization of nonserious offenses Promotes mediation, diversion, and community based corrections to avoid stigma of formal labels

Restorative Justice Model Maintains that the true purpose of the criminal justice system is to promote a peaceful, just society; it advocates peacemaking, not punishment Suggest that punitive methods are no more effective than more humanitarian efforts Jails and prisons are no more effective than probation with treatment

Visions of Justice Today Crime control and justice models have captured the support of legislators and the general public Growing emphasis on protecting the public Punitive may produce short term reductions, but only rehabilitation and treatment can produce long-term gains Number of noninterventionists and restorative justice programs are growing