The Criminal Justice System has 3 main components

• Law Enforcement (Police and other agencies)

• Judicial System/Courts• Corrections

– There are several different layers of jurisdiction for each of the above that range from local to federal. They can work together, but often function independently and at times are at odds. (ex. FBI and local police in an organized crime case)

Police• The police in general are responsible for the

protection and service of the communities that they serve.

• They are guided and limited by the Constitution (Amendment 4,) State and local laws and bylaws, and their local department expectations.

• They are given a large amount of responsibility. They are allowed to use escalating force. They have a huge amount of discretionary power. They are usually given a tremendous amount of independence in their crime suppression, investigation, and enforcement duties.

Police (Continued)• A very small percentage of police time is spent

fighting crime.• Police have numerous other responsibilities that

include: patrols, traffic control, first aid, general safety issues, community relations, and many others

• Police are trained locally and are responsible for maintaining training throughout their careers.

• Police generally need to only have passed a civil service exam, have a ged or diploma, and have passed an academy training to get a job.

• It is often very competitive to get on a local force.

Prosecution of Crime• Once the accused is arraigned, it is the

responsibility of a prosecutor to secure a conviction. This usually goes through a district attorney’s office.

• The burden of proof is on the prosecution to prove guilt beyond a reasonable doubt. This is difficult, so frequently a plea is reached to ensure that some conviction is secured. A plea is good for the prosecutor in that a conviction is secured, and good for the defense as the sentence or charge is usually reduced. Its good for the courts as well.

• The 5th and 6th Amendments play large roles in the process

Role of judges• A judge can issue necessary warrants, but

usually s/he first gets involved at the arraignment.

• Judges are assigned cases and guide the trials or plea agreements from the initial charge to the sentencing or dismissal. (although it isn’t always the same one throughout)

• Some judges are elected, while others are appointed. It depends on the location/jurisdiction.

Sentencing• A judge generally has a great amount of

flexibility in his/her sentencing decisions for guilty offenders

• Past history is not supposed to impact trials, but greatly influences sentencing

• Some sentencing possibilities include: – Fines, community service, mandatory treatment– Supervised probation, house arrest, electronic

monitoring– Jail time – suspended or served– Prison time – suspended or served

Sentencing (Continued)• Although generally flexible, judges may

have some guidelines or limitations on their sentences.– State or federal limitations or requirements– 8th Amendment Protections

• Some examples of their limitations or guidelines include:– Mandatory minimums or maximums, security

level limitations, juvenile limitations, and 3 strikes laws.

Sociology believes there are 4 general goals or motivations for corrections/sentencing offenders

• 1. Deterrence

• 2. Social protection

• 3. Rehabilitation

• 4. Retribution