Chapter FourteenThe Criminal Justice System Criminology 9th edition Larry J. Siegel
The Criminal Justice System POLICE - COURTS - CORRECTIONS AN INSTRUMENT OF SOCIAL CONTROL
Government and the CJ “System” • Wickersham Commission (1931) – a national study group under President Hoover that analyzed the CJ system and advocated treatment and rehabilitation. • The President’s Commission on Law Enforcement and the Administration of Justice (1967) – a comprehensive study under President Johnson which led to the Safe Streets and Crime Control Act of 1968. Provided huge federal funding for state and local crime control efforts.
The Criminal Justice System • It is an integrated system. • It handles more than 15 million law violators each year. • It controls criminal behavior from arrest through trial, from punishment to release. • It consists of more than 55,000 public agencies. • It costs federal, state, and local governments nearly $150 billion for civil and criminal justice.
Question How should we control discretion within the criminal justice system? How should we determine accountability?
Role of the Police • Maintain order • Traffic enforcement • Crime prevention and control • Human service functions • Vast discretionary powers • Most visible of the CJ system
Question What is racial profiling? Is racial profiling ever justified as a security measure?
Effects of Arrest DEPRIVATION OF LIBERTY I PRESUMPTION OF GUILT or INNOCENCE I BAIL / PRE-TRIAL DETENTION I EQUAL TREATMENT? I EFFECTS OF UNEQUAL TREATMENT ON THE “IN – OUT” DECISION and SENTENCE LENGTH
Role of the Criminal Courts • Core element of the CJ system • Courtroom workgroup: Judge, prosecutor, and public defender/defense attorney • Governed by case law, statutes, and constitutional mandates • Adversarial process? • Consists of: • lower courts • superior courts • appellate courts
Questions In which key stages of the criminal justice process does the prosecutor have the most discretion? In what way? Who determines the sentence? What is the courtroom work group?
Role of Corrections • Post judicatory care • Probation • Electronic monitoring to Confinement • Parole (Used sparingly in the federal CJ system and not in some states) • Confinement consists of home detention, halfway houses, jails, and prisons
Questions In Florida, how should we control the discretion of parole officials? Should we eliminate parole?
DISCRETION and DECISION MAKING AFFECT EACH STAGE OF THECRIMINAL JUSTICE PROCESSWhat outside sources influence these two factors?Do these differ at different stages?
Procedural Laws Procedural laws control the action of the agencies of justice and define certain rights of criminal defendants. Sources of procedural laws: • Bill of Rights(First Ten Amendments) • 14th Amendmentmakes the first 10 amendments of the U.S. Constitution binding on state governments • U.S. Supreme Courtinterprets and sets out procedural laws, i.e., 6th Amendment – right to counsel, Gideon v. Wainwright.
Fourteenth Amendment Holds states to similar standards as the federal government. Theory of incorporation