The American System of Criminal Justice, Eighth Edition

byGeorge F. Cole and Christopher E. Smith

The American System of Criminal Justice, Eighth Edition

byGeorge F. Cole and Christopher E. Smith

Chapter 1Chapter 1

Crime and Justice in AmericaCrime and Justice in America

©1998 Wadsworth / WEST Publishing Company©1998 Wadsworth / WEST Publishing Company

CrimeCrime

A specific act of commission or A specific act of commission or omission in violation of the law omission in violation of the law for which a punishment is for which a punishment is prescribed.prescribed.

Crime and Justice as Public Police Issues

Crime and Justice as Public Police Issues

Reiman argumentReiman argument: system designed to project the image : system designed to project the image of crime rather than to reduce crime or achieve justice.of crime rather than to reduce crime or achieve justice.

Reduce CrimeReduce Crime

Conservatives Conservatives advocate stricter advocate stricter enforcement of enforcement of laws.laws.

Democratic Democratic ValuesValues

LLiberals worry iberals worry about reducing about reducing rights and due rights and due process. process.

Public Order and Individual Freedom

Public Order and Individual Freedom

The classic struggle law makers dealThe classic struggle law makers dealwith is how to keep the public orderwith is how to keep the public orderwhile still insuring freedom for the while still insuring freedom for the

individual.individual.

Crime Control ModelCrime Control Model

A model of criminal justice that A model of criminal justice that assumes freedom is so important that assumes freedom is so important that every effort must be made to reduce every effort must be made to reduce crime so things like efficiency, speed crime so things like efficiency, speed and finality are emphasized. The and finality are emphasized. The system must have a high capacity to system must have a high capacity to catch, convict and dispose of catch, convict and dispose of offenders.offenders.

Due Process ModelDue Process ModelDue Process ModelDue Process Model

A different model of the criminal A different model of the criminal justice system that assumes freedom justice system that assumes freedom is so important that every effort is so important that every effort must be made to ensure the decisions must be made to ensure the decisions are fair and reliable, based on law are fair and reliable, based on law and formal proceedings.and formal proceedings.

Strengths/WeaknessesStrengths/Weaknesses

Crime Control ModelCrime Control Model Administrative Administrative

ProcessProcess Efficient, Swift, cost-Efficient, Swift, cost-

effectiveeffective Increased SafetyIncreased Safety Individual Rights?Individual Rights?

Due Process ModelDue Process Model Adversarial ProcessAdversarial Process Individual Rights Individual Rights

StressedStressed ReliabilityReliability ConstitutionConstitution Inefficient and costlyInefficient and costly

Multicultural ConcernsMulticultural Concerns

Many minorities are subjected to the Many minorities are subjected to the criminal justice system more often than criminal justice system more often than minority members. minority members. DisparityDisparity: A difference between groups that : A difference between groups that

can be explained by legitimate factors.can be explained by legitimate factors. DiscriminationDiscrimination: Groups are differentially : Groups are differentially

treated without regard to their behavior or treated without regard to their behavior or qualifications.qualifications.

Possible explanations include:Possible explanations include:

Minorities commit more crimesMinorities commit more crimes

The criminal justice system is The criminal justice system is racistracist

American society is racistAmerican society is racist

Politics of Crime and JusticePolitics of Crime and Justice

Crime and Justice Issues Exist in a Crime and Justice Issues Exist in a Political SpherePolitical Sphere

Crime Control Measures:Crime Control Measures:What What VOTERSVOTERS want? want?Will Legislation Achieve Goals?Will Legislation Achieve Goals?

E.g.,: Megan’s Law: E.g.,: Megan’s Law: Michigan's Sex Offender RegistryMichigan's Sex Offender Registry

Goals of the Criminal Justice System

Goals of the Criminal Justice System

DoingDoingJusticeJustice

ControllingControllingCrimeCrime

PreventingPreventingCrimeCrime

FederalismFederalism

A system of governmentA system of governmentin which power is dividedin which power is dividedbetween a central (national)between a central (national)government and regionalgovernment and regional(state) governments.(state) governments.

Dual Justice SystemsDual Justice Systems

State systems State systems handle alleged handle alleged violations of state violations of state law.law.

The federal system The federal system handles alleged handles alleged violations of violations of federal law.federal law.

Dual System: Recent Developments

Dual System: Recent Developments

Increased Federalization of Crime: NIncreased Federalization of Crime: Now ow the federal government pursues the federal government pursues organized crime gangs dealing with organized crime gangs dealing with drugs, pornography, and gambling on a drugs, pornography, and gambling on a national basis.national basis.

The existence of multiple criminal justice The existence of multiple criminal justice systems makes criminal justice in the systems makes criminal justice in the United States highly United States highly decentralizeddecentralized. .

Government and Criminal Justice: What are the connections?

Government and Criminal Justice: What are the connections?

Judicial Branch - the courtsJudicial Branch - the courts

Executive Branch -Executive Branch -President & GovernorsPresident & Governors& administrative offices& administrative offices

Legislative Branch - Legislative Branch - those units that make those units that make substantive & procedural lawsubstantive & procedural law

Executive BranchExecutive Branch

Carries out Carries out (executes) (executes) many acts of many acts of governmentgovernment

Holds powers of appointment and Holds powers of appointment and pardonspardons

Provides leadership for crime controlProvides leadership for crime control

Legislative BranchLegislative Branch

Defines criminal Defines criminal behaviorbehavior

Establishes penaltiesEstablishes penalties Passes laws governing Passes laws governing

criminal procedurecriminal procedure Funds crime-control Funds crime-control

programsprograms

Judicial BranchJudicial Branch

Administers the Administers the process by which process by which criminal criminal responsibility is responsibility is determineddetermined

Appellate courts Appellate courts interpret laws & interpret laws & review legislative review legislative decision makingdecision making

The Systems Perspective: Exchange Relationships

The Systems Perspective: Exchange Relationships

U.S.U.S.attorneyattorney

CountyCountycommissionerscommissioners

CountyCountyagenciesagencies

AttorneyAttorneygeneralgeneral

ProsecutingProsecutingattorneyattorney

DefenseDefenselawyerslawyers

CourtsCourts

CommunityCommunityinfluentialsinfluentials

PolicePolice

The Criminal Justice System (or Non-System)?

The Criminal Justice System (or Non-System)?

How Well Do Various Criminal Justice How Well Do Various Criminal Justice Agencies Function as a “System”?Agencies Function as a “System”?

Do Legislatures Realize the “Exchange Do Legislatures Realize the “Exchange Relations” of Systems Theory?Relations” of Systems Theory? 1994 Omnibus Violent Crime and Control 1994 Omnibus Violent Crime and Control

Act:Act: 100,000 New Community Policing Officers100,000 New Community Policing Officers New Drug CourtsNew Drug Courts But, No NEW significant funding for Prosecutors, other But, No NEW significant funding for Prosecutors, other

Courts, or Community-Based Correction ProgramsCourts, or Community-Based Correction Programs

Characteristics of theCriminal Justice System

Characteristics of theCriminal Justice System

DiscretionDiscretion:: Ability to act according to Ability to act according to one’s own judgment and consciousone’s own judgment and conscious

Resource DependenceResource Dependence:: CJ agencies to not CJ agencies to not produce their own resources, but depend produce their own resources, but depend on others for their allocationon others for their allocation

Sequential TasksSequential Tasks:: Each part of CJ system Each part of CJ system has distinct tasks that are carried out has distinct tasks that are carried out sequentially sequentially

FilteringFiltering:: Process of screening casesProcess of screening cases

Filtering ProcessFiltering Process

SCAN IN PICTURE…..SCAN IN PICTURE…..

Politics of Criminal JusticePolitics of Criminal Justice

Society in generalSociety in general CriminalsCriminals

What (or whose)standards define “control”?

Power held by fewPower held by fewto control:to control:

Operations of Criminal Justice Agencies

Operations of Criminal Justice Agencies

PolicePolice Most at Local LevelMost at Local Level Keeping Peace;Keeping Peace; Apprehending ViolatorsApprehending Violators Preventing CrimePreventing Crime Providing Social Providing Social

Services Services

CourtsCourts Dual Court System: Dual Court System:

judicial for each state and judicial for each state and national systemnational system

Different Interpretations Different Interpretations in Different Statesin Different States

Responsible for Responsible for AdjudicationAdjudicationCorrectionsCorrections

Less Than 30% of convicted offenders are in Less Than 30% of convicted offenders are in prison or jails; the rest are being supervised in prison or jails; the rest are being supervised in

community-based correctionscommunity-based corrections

Flow of Criminal Justice System

Flow of Criminal Justice System

Discretionary DecisionDiscretionary Decision The disposition of cases in the criminal justice The disposition of cases in the criminal justice

system involves a series of decisions made by police system involves a series of decisions made by police officers, prosecutors, judges, officers, prosecutors, judges, probation probation officers, wardens, and other officials who decide officers, wardens, and other officials who decide whether a case will move on to the next point or be whether a case will move on to the next point or be dropped from the system. dropped from the system.

See Page 27-28 for Flow of Decision MakingSee Page 27-28 for Flow of Decision Making

Criminal Justice Wedding Cake: Layer 1

Criminal Justice Wedding Cake: Layer 1

Celebrated Celebrated perpetratorsperpetrators

Celebrated victimsCelebrated victims Type the media Type the media

lovesloves Cases that make Cases that make

Supreme Court Supreme Court precedentsprecedents

11

Serious felonies by Serious felonies by experienced experienced offendersoffenders

Violent crimesViolent crimes Property crimes Property crimes

with high $ valuewith high $ value Get full attention Get full attention

of the CJ systemof the CJ system

22

Criminal Justice Wedding Cake: Layer 2

Criminal Justice Wedding Cake: Layer 2

First time offender less First time offender less serious offenses which serious offenses which may be feloniesmay be felonies

Less serious personal Less serious personal injury or low $ valueinjury or low $ value

Dealt with less Dealt with less seriously, maybe seriously, maybe probationprobation

33

Criminal Justice Wedding Cake: Layer 3

Criminal Justice Wedding Cake: Layer 3

Most misdemeanorsMost misdemeanors Handled in assembly-line Handled in assembly-line

fashionfashion Typical penalty is a small Typical penalty is a small

finefine Having to go to court mayHaving to go to court may

be the “real” punishment be the “real” punishment44

Criminal Justice Wedding Cake: Layer 4

Criminal Justice Wedding Cake: Layer 4

Important Implications to Wedding Cake Model

Important Implications to Wedding Cake Model

Most attention is given to fewest Most attention is given to fewest number of casesnumber of cases

Average Person’s Perception of CJ Average Person’s Perception of CJ System is Result of Celebrated CasesSystem is Result of Celebrated Cases

Greatest Number of Offenders Are Greatest Number of Offenders Are Low-Level OffendersLow-Level Offenders