The Criminal Justice System• Goals

• Federalism

• System perspective

• Characteristics

• Operations

• Flow of decision making

• Crime and Justice in a Multicultural Society

DoingDoingJusticeJustice

ControllingControllingCrimeCrime

PreventingPreventingCrimeCrime

Goals of the Criminal Justice System

Doing Justice• Accountability for

offenses• Protect rights• Equality under the law• Discretion

Controlling Crime• Apprehension• Prosecution• Punishment• Within the bounds of

the law

Preventing Crime• Police presence• Punishment as

deterrent • Problems with citizen

invoked crime prevention

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.

Federalism

• State systems handle alleged violations of state law.

• The federal system handles alleged violations of federal law.

Dual Justice Systems

Federal State and Local Comparisons I

Federal State and Local Comparisons II

Criminal Justice as a System

System Perspective• Interdependent

subsystems• Exchange

relationships• Example: plea

bargains

Characteristics of the Criminal Justice System

• Discretion

• Resource Dependence

• Sequential Tasks

• Filtering

Discretion

Arrest or let go?

Long or short sentence?

Prosecute or dismiss?

Resource Dependence• Politicians

• Public

• Media

Sequential Tasks

Criminal JusticeCriminal JusticeFunnelFunnel

Of 1,000crimes that are

committed

Only5 juveniles and18 adults areincarcerated

Police C ourts C orrections

The C rim ina l Justice System

Operations of Criminal

Justice Agencies

POLICE• Keep the peace

• Combat crime

• Prevent crime

• Provide social services

COURTS• Dual Court System

• US and State

• Variance among states

• Adjudication

• Sentencing

CORRECTIONS• Only about 1/3 incarcerated

• Community supervision

• Federal, State, and local

• Privatization trend

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

Criminal Justice Wedding Cake: Layer 1

Criminal Justice Wedding Cake: Layer 1

• Celebrated perpetrators

• Celebrated victims• Type the media loves• Cases that make

Supreme Court precedents

11

• Serious felonies by experienced offenders

• Violent crimes• Property crimes with

high $ value• Get full attention of

the CJ system

22

Criminal Justice Wedding Cake: Layer 2

Criminal Justice Wedding Cake: Layer 2

• First time offender less serious offenses which may be felonies

• Less serious personal injury or low $ value

• Dealt with less seriously, maybe probation

33

Criminal Justice Wedding Cake: Layer 3

Criminal Justice Wedding Cake: Layer 3

• Most misdemeanors

• Handled in assembly-line fashion

• Typical penalty is a small fine

• Having to go to court may be the “real” punishment

44

Criminal Justice Wedding Cake: Layer 4

Criminal Justice Wedding Cake: Layer 4

Competing Models

Racial Disparities in CJ System

Potential Explanations

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

Incarceration Rates By Race

0

200

400

600

800

1000

1200

1400

1600

75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95

Year

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2

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5

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7

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Bla

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ate

Black Rate / White Rate

Black Imprisonment Rate

White Imprisonment Rate

Effect of Partisanship on Black Incarceration Conditioned on Black State Population

-4-2

02

46

Eff

ect

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0 5 10 15 20% of State Population that is Black

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