Chapter 3 The Criminal Justice System Irwin/McGraw-Hill © The McGraw-Hill Companies, Inc., 2000

The Production Process Model Figure 3.1 C3-S1 The Production Process Model Arrest on the street Booking at the stationhouse Appearance before a magistrate Indictment, trial, sentencing Punishment and corrections Police Courts Corrections If the product is defective (repeated crime occurs), it is shipped back and processed again. Receipt of raw materials Processing of the raw materials

The Wedding Cake Model 1. Celebrated Cases 2. Serious Felony Figure 3.2 C3-S2 The Wedding Cake Model 1. Celebrated Cases 2. Serious Felony 3. Lesser Felony Cases 4. Misdemeanor Cases

The Adult Criminal Justice Process Figure 3.3a C3-S3 The Adult Criminal Justice Process What is the sequence of events in the criminal justice system? Entry into the system Prosecution and pretrial services Refusal to indict Grand jury Unsolved or not arrested Released without prosecution Released without prosecution Charges dropped or dismissed Charges dropped or dismissed Felonies Reported and observed crime Information Investi- gation Initial appear- ance Prelim- inary hearing Charges filed Bail or detention hearing Arrest Crime Information Misdemeanors Prosecu- tion as a juvenile Unsuccessful diversion Diversion by law enforcement, prosecutor, or court Police juvenile unit Waived to criminal court Intake hearing Formal juvenile court processing Juvenile offenders Informal processing diversion Nonpolice referrals Released or diverted Released or diverted

The Adult Criminal Justice Process Figure 3.3b C3-S4 The Adult Criminal Justice Process Arraignment Adjudication Corrections Sentencing and sanctions Out of system Out of system (registration, notification) Revocation Released Probation Conviction Acquitted Guilty plea Charge dismissed Reduction of charge Trial Charge dismissed Convicted Disposition Probation or other nonresidential disposition Residential placement Aftercare Jail Alternatives to incarcera- tion Prison Parole Habeas corpus Pardon and clemency Capital punishment Appeal

The Process of Bringing Crime to the Attention of Police Figure 3.4 C3-S5 The Process of Bringing Crime to the Attention of Police 1. Perception 2. Definition 3. Reporting 4. Redefinition Recorded crime known to the police 5. Recording Act or situation Source: R.F.Sparks, H. G. Genn, and D. J. Dodd, Surveying Victims: A Study of the Measurement of Criminal Victimization, Perceptions of Crime, and Attitudes to Criminal Justice (Chichester, England: Wiley, 1977) p.6.

The Funnel Effect of the Standard of Proof Figure 3.5 C3-S6 The Funnel Effect of the Standard of Proof A. Decisions to be Made, and by Whom 1. Decision to approach a person: police. 2. Stop and frisk: police. 3. Arrest: police, magistrates. 4. First appearance: magistrate. 5. Preliminary hearing: judge. 6. Indictment: grand jury. 7. Conviction: court and/or jury, defendant’s guilty plea. 8. Sentence to prison: judge. B. Legal Standard of Proof Articulate facts that crime is afoot (New York). Reasonable suspicion. Probable cause. Judicial affirmation of probable cause. Reasonable grounds to believe guilty (jacked-up probable cause). Prima facie case. Guilt beyond a reasonable doubt. Judicial discretion within limits of statute. C. Est. Probability of Guilt NA 30% 50% 55% 74% 75% 90% D. Number of Persons Processed (latest available figures) 2,733,350 (1997) 2,924,800 (1994) 911,842 (1994) Est. 419,447 (1994)