1

Police C ourts C orrections

The C rim ina l Justice System

Components of Criminal Justice

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Role of the Police

Maintain order Investigation and Arrest Provide emergency service “GATE KEEPERS”

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Types of Police Agencies

Municipal (city cops) County Level (Sheriff) State Level (State Troopers) Federal (FBI, Secret Service, DEA)

4

Role of the Courts To seek truth &

obtain justice To adjudicate &

sentence Consists of:

Misdemeanor Felony Appellate

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Prosecution and Defense

Opponents in an adversarial system Prosecutor represents the people Defense represents the accused

vs.

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Role of Corrections Probation Intermediate Sanctions Prisons Post-Release Supervision

Whatdoes corrections

correct?

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Juvenile Justice System

Clients are:

DelinquentsDelinquents (juveniles (juveniles who commit crime)who commit crime)

Status OffendersStatus Offenders(truants, runaways, (truants, runaways, incorrigible or incorrigible or unmanageable juveniles)unmanageable juveniles)

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Criminal Justice Funnel

Of 1,000crimes that are

committed

Only5 juveniles and18 adults areincarcerated

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Models of Criminal Justice

Herbert Packer (1964) First, what a great last name! Crime Control Model

“Assembly Line” Goal = punish criminal offenders, maintain order

Due Process Model “Obstacle Course” Goal is eliminating errors, limit abuses of the system

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Procedural Law

Procedural Procedural laws control laws control the action of the action of the agencies of the agencies of justice and justice and define the define the rights of rights of criminal criminal defendantsdefendants

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Bill of Rights First ten amendments to the U.S. First ten amendments to the U.S.

Constitution.Constitution. Purpose is to prevent government from Purpose is to prevent government from

usurping the personal freedom of citizens.usurping the personal freedom of citizens. Applied to state actions through the use of Applied to state actions through the use of

the Due Process clause of the 14th the Due Process clause of the 14th Amendment.Amendment.

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Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

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Exclusionary Rule

• The exclusionary rule is not in the Constitution. It is the product of the United State Supreme Court

•Weeks v. U.S. (1914)•Mapp v. Ohio (1961)

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Fifth Amendment

Deals with admissibility of Deals with admissibility of illegally obtained confessions illegally obtained confessions and self-incrimination.and self-incrimination.

Miranda v ArizonaMiranda v Arizona governs governs custodial interrogations.custodial interrogations.

Contains double jeopardy Contains double jeopardy clause.clause.

Contains “Due process” as it Contains “Due process” as it applies to the federal applies to the federal government.government.

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“Shaping” Rules

Rules are typically created through judicial decisions (case law)

Subsequent cases provide judges the opportunity to clarify, tighten or broaden past rules Example = “good faith” exceptions to the

exclusionary rule

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Beyond Packer

Ideology Conservative vs. Liberal

History of Crime Control in the U.S. Pre-1850s 1850s-1920s 1920s-1960s (Progressive Era) 1960s-1970s (Turmoil) 1980s-??? (Crime Control Era)

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History of Criminal Justice Prior to the 1800s

Humans viewed as “depraved” and immune to change

Purpose of CJ system = punishment Punishment = corporal and public

1850s-1900 Enlightenment/Classical School Prison becomes primary punishment tool

Belief that discipline/regiment could cure Match punishment with severity of crime

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The Progressive Movement

Faith in the Government to Cure Social Ills Progressives = middle class men and women. Social Ills = poverty, working conditions, crime. Criminal Justice

Indeterminate Sentencing Rehabilitation Juvenile Justice system Probation and Parole.

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Turmoil in the 1960s and Early 1970s Liberals (progressives)

We can no longer trust the government

Conservatives Rehabilitation = “coddling” Coddling criminals has created more crime and

disorder—Get back to “classical school” The Due Process Movement has hurt crime

control efforts

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Strange Bedfellows 1970-1980 Liberals = Justice Model

Reduce discretion through determinate sentencing and sentencing guidelines

Abolish parole Shorten Sentences

Conservatives = Crime Control Model Reduce discretion through determinate sentences

and sentencing guidelines Abolish parole Lengthen sentences

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The Conservative Agenda Wins Out1980s--???? Crime Control Model

Rehabilitation Doesn’t work Harsh Sentences Deter Crime Incapacitation Works Policy

Abolish parole Enact sentencing guidelines (Increase Sentence Length) Mandatory minimum sentences 3 Strikes Legislation Increase Use of Death Penalty

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Current Liberal Ideology

Justice Model Liberals “Prevent Harm” Focus on Social Inequality/Root Causes

Re-affirm Rehabilitation Also focus on “prevention” programs

“Restorative Justice” Mediation, Sentencing Circles, etc.