The Contemporary Criminal Justice System

The principal components of the criminal justice system are;

Law enforcement agencies that investigate crimes and apprehend suspects,

Court agencies that conduct trials and sentence offenders, and

Correctional agencies that monitor and rehabilitate offenders

The Formal Criminal Justice Process

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Initial contact

Investigation

Arrest

*Custody : defended no longer free to go

Charging

Preliminary hearing/grand jury : vote charging with murder

Rubber stamp to prosecutors

Arraignment: court give you right,

Bail/detention

Plea bargaining: *90~95% of all cases

Trial/adjudication

Sentencing/disposition : when found guilty, skip all

Appeal/post-conviction : can appeal not guilty

Correctional treatment

Release

Post release

Reasonable person / fact or circumstance / committed to crime

The Informal Criminal justice Process

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Traditionally the process is viewed as a series of formal decision points.

In reality, cases are often settled informally through cooperative agreements.

Plea bargaining

Discretion

Desire to preserve resources for more serious cases.

The courtroom work group

Prosecutor () is powerful

Nolle prosqui : not prosecute

The wedding cake model

1. Celebrated cases: something hear on the news, O.J.Simpson, Samuel walker
2. Serious felonies: bank robbery, stab
3. Less serious felonies: broke car, stole more than 500$, hit somebody
4. Misdemeanors

Perspectives on Justice
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There are a variety of perspectives on justice:

Crime Control Perspective: Singapore

Deter crime through the application of punishment

The more efficient the system, the greater its effectiveness

The justice system is not equipped to treat people but to investigate crimes,
apprehend suspects, and punish the guilty

Rehabilitation Perspective

Care for people who cannot manage themselves

It is better to treat than to punish

Criminals are societys victims

Helping others is part of the American culture

Convicted criminals can be successfully treated

Due Process Perspective

Provide fair and equitable treatment for the accused

Evert person deserves their constitutional right and privileges

Constitutional rights and democratic ideals take precedence over punishment

Decisions must be carefully scrutinized to avoid errors

Nonintervention Perspective

Criminal justice agencies should limit involvement with criminal defendants

Labeling individuals as criminals is harmful and disruptive

Stigmas lock people into a criminal way of life

Decriminalize, divert, and deinstitutionalize

Equal Justice Perspective

Equal treatment for equal crimes

Decision making is standardized and structured by rules and regulations

Individual discretion reduced and controlled

Inconsistent treatment produces disrespect for the system

Restorative Justice Perspective

Offenders should be reintegrated black into society

Coercive punishments are self-defeating

Justice system must become more humane

Perspectives in Perspective
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No single perspective is inherently just