1. American Justice Network
Legalized
Discretionary
Fragmented
Non-system
Quasi-justice

2. System
A system is a set of parts coordinated to accomplish a set of goals. The characteristics of a system include: 1. Overall goals and objectives 2. Shared definitions of success 3. Uniform performance measures 4. Overall management yielding a high level of coordination and cooperation.

3. The American Justice Non-System/ The American Justice Network
The American justice system is a hodgepodge of
uncoordinated institutions run independently by
almost every governmental unit. The system is
characterized by:
1. Competing objectives.
2. Multiplicity of goals (no overall goals).
3. Multiple measures of performance.
4. Multiple definitions of success.
5. No overall management.
6. Limited coordination.
7. Limited cooperation (turf battles).
8. Goal conflict

4. American Justice Network Goal Conflict
Due Process vs. Crime Control
Deterrence vs. Rehabilitation
Incapacitation vs. Reintegration

5. Fragmented Executive Legislative Judicial Regulatory Federal State
County
City

6. Fragmented Executive Legislative Judicial Regulatory Federal
FBI,DEA, Probation, Prisons
State
State Police, Parole, Prisons, Fish and Game
County
Sheriff, Jails
City
Police, Jails

7. Fragmented Executive Legislative Judicial Regulatory Federal
FBI,DEA, Probation, Prisons
Congress, GAO
State
State Police, Parole, Prisons, Fish and Game
State Legislatures
County
Sheriff, Jails
County Commissions
City
Police, Jails
City Councils

8. Fragmented Executive Legislative Judicial Regulatory Federal
FBI,DEA, Probation, Prisons
Congress, GAO
Supreme Court
State
State Police, Parole, Prisons, Fish and Game
State Legislatures
Supreme Court, Probation
County
Sheriff, Jails
County Commissions
County Court
City
Police, Jails
City Councils
City Court

9. Fragmented Executive Legislative Judicial Regulatory Federal
FBI,DEA, Probation, Prisons
Congress, GAO
Supreme Court
FDA, EPA
State
State Police, Parole, Prisons, Fish and Game
State Legislatures
Supreme Court, Probation
Fire Marshal
County
Sheriff, Jails
County Commissions
County Court
Building
City
Police, Jails
City Councils
City Court
Restaurant

10. Private Security The 17th square on the grid
$60 billion in annual expenditures
4,000 agencies
2 million employed
(more than public law enforcement)

11. Discretionary
Legislature
Police
Prosecutor
Judges
Parole Boards

12. Police Discretion Warn/reprimand
Make them become an informant (stable)
Cite
Arrest and street release
Arrest and detain/book, then release
Arrest and detain/book
What charge

13. Prosecutorial Discrection
Release or charge
What charges
When to charge
Plea bargain:
Horizontal – reduce the number of charges
Vertical – reduce the severity of the charges
Lateral – case trade offs

14. Judicial Discretion Court process
1. Admitting evidence
2. Admitting testimony
3. Procedural control of the case
Sentencing (Indeterminate vs. determinate)

15. Legalistic Roughly1.2 million active lawyers in the U.S.
140,000 in U.S. law schools
35,000 graduate with law degrees annually
U.S. has around 40 lawyers/10,000
(3rd highest rate in the world)
U.S. has about 10 percent of the world’s lawyers
New York has roughly 173,000 active lawyers

16. Cost of an overly litigious orientation
Large number of trivial/frivolous suits filed.
A social orientation toward litigation (confrontation vs. reconciliation).
The result is:
Backlog and delay in the judicial process.
Significant economic costs.

17. English Rule
The loser in a law suit must pay the winner’s legal fees. The result is fewer frivolous suits being filed, freeing up court time and resources for more meaningful matters.

18. American Justice Network
Legalized
Discretionary
Fragmented
Non-system
Quasi-justice

19. Little Dutch Boy Analogy
The justice “system”:
Is but a temporary stop-gap that buys time so that the foundations of society (religion, schools and family) can stabilize themselves; so that they can fill in the holes in the social fabric.
Does not have the capacity to repair the holes.

20. F. Scott Fitzgerald
“The real test of life is the ability to hold two opposing ideas in mind at the same time, and retain the ability to function. One should recognize, for example, that things are hopeless, but be determined to make them otherwise.”

21. Scientific criminology vs. Political criminology