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The Criminal Justice System
Goals Federalism System perspective Characteristics Operations Flow of decision making Crime and Justice in a Multicultural Society
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Goals of the Criminal Justice System
Doing Justice Controlling Crime Preventing Crime
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Doing Justice Accountability for offenses Protect rights
Equality under the law Discretion
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Controlling Crime Apprehension Prosecution Punishment
Within the bounds of the law
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Preventing Crime Police presence Punishment as deterrent
Problems with citizen invoked crime prevention
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Federalism A system of government in which power is divided
between a central (national) government and regional (state) governments.
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Dual Justice Systems State systems handle alleged violations of state law. The federal system handles alleged violations of federal law.
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Federal State and Local Comparisons I
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Federal State and Local Comparisons II
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Criminal Justice as a System
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System Perspective Interdependent subsystems Exchange relationships
Example: plea bargains
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Characteristics of the Criminal Justice System
Discretion Resource Dependence Sequential Tasks Filtering
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Discretion Arrest or let go? Long or short sentence?
Prosecute or dismiss?
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Resource Dependence Politicians Public Media
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Sequential Tasks
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Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are
Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated
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Operations of Criminal Justice Agencies
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POLICE Keep the peace Combat crime Prevent crime
Provide social services
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COURTS Dual Court System US and State Variance among states
Adjudication Sentencing
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CORRECTIONS Only about 1/3 incarcerated Community supervision
Federal, State, and local Privatization trend
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Flow of Decision Making in the Criminal Justice System
Steps in the Decision Making Process The Criminal Justice Wedding Cake Crime Control versus Due Process
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Criminal Justice Wedding Cake: Layer 1
Celebrated perpetrators Celebrated victims Type the media loves Cases that make Supreme Court precedents 1
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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
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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
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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
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Competing Models
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Multicultural Society
Crime and Justice in Multicultural Society Racial Disparities in CJ System Potential Explanations
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Explanations for Incarceration Rates for Blacks and Whites
Black Incarceration (DV) Arrest rates Poverty Unemployment Executive Party (R) Legislature (%R) Black Politicians % State Courts (Liberal) Citizen opinion Sentencing Guidelines Prison Capacity Litigation White Incarceration (DV) Arrest rates Poverty Unemployment Executive Party (R) Legislature (%R) Black Politicians % State Courts (Liberal) Citizen opinion Sentencing Guidelines Prison Capacity Litigation
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Incarceration Rates By Race
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Effect of Partisanship on Black Incarceration Conditioned on Black State Population
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Quick Quiz to Test Attention
1) ___ is the authority to make decisions by using one’s own judgment and conscience which provides the basis for individualization and informality in the administration of justice. Discretion 2) ___ is a document charging an individual with a specific crime prepared by a prosecuting attorney and presented to a court at a preliminary hearing. Information 3) ___ is a characteristic of the criminal justice system that leads criminal justice officials to be responsive to elected officials and legislative bodies. Resource dependence 4) ___ consists of separate judicial structures for states and for the national government. Dual court system 5) ___ is a characteristic of the organization of law enforcement and other criminal justice agencies in the United States. Decentralization
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