Chapter 14

The Criminal Justice System

Origins of the Criminal Justice System

Wickersham Commission
Presidents Commission on Law Enforcement and the
Administration of Justice, 1967
Law Enforcement Assistance Administration

Origins of the Criminal Justice System

Weblink
www.abf-sociolegal.org/

What is the Criminal Justice System?

Definition: refers to the agencies of government charged with

enforcing law, adjudicating crime, and correcting criminal conduct.
More than 55,000 public agencies employ 2 million people
17,000 law enforcement agencies and nearly 17,000 courts
More than 8,000 prosecutorial agencies and about 6,000
correctional institutions
More than 3,500 probation and parole departments
Almost 7 million are under the control of the correctional system
with 2 million people in jails and prisons

Figure 14.1 Components of the Criminal Justice System

Figure 14.2 Direct Expenditure by Level of Government

Figure 14.3 Direct Expenditure by Criminal Justice Function

Table 14.1 Number of People Under Correctional

Supervision 1990-2003

Figure 14.4 Adult Correctional Populations 1980-2003

The Process of Justice

Assembly line process (Herbert Packer)

Initial contact (with police)
Investigation (to identify the perpetrator)
Arrest (taken into custody)
Custody (booking and interrogation)
Complaint/Charging (prosecutor)
Preliminary hearing/Grand jury (determine probable cause/indictment)
Arraignment (reading of charges/bail and trial date set)
Bail or detention (money or recognizance bonds)
Plea bargaining (deal struck to avoid trial)
Adjudication (trial)
Disposition (sentencing)
Postconviction remedies (appeals)
Correctional treatment (probation/incarceration)
Release (parole/end of sentence)
Postrelease/Aftercare (return to community)

CNN Clip - Robert Durst Found Not Guilty

Figure 14.5 The Critical Stages of the Justice Process

The Process of Justice

The criminal justice system acts like a funnel

Cases are dismissed at various stages
Relatively few cases make it through the funnel
Impact of celebrity cases
Bargain justice is estimated to occur in 90 percent of all criminal
cases

Figure 14.6 The Criminal Justice Funnel

Criminal Justice and the Rule of Law

State and federal courts are supervised by the law of criminal

procedure
Procedural laws define rights of criminal defendants and control
the actions of agencies
Bill of Rights (applied at both state and federal levels)
Exclusionary rule protects defendants from illegal searches and
seizures (not admitting illegally seized evidence)

Concepts of Justice

Crime Control Model

Protect the public and deter criminal behavior
Punishment designed to fit the crime
Building more prisons and using the death penalty
Rooted in choice theory
Became a dominant force in American justice in the 1960s and
1970s

Concepts of Justice

Justice Model
Futile to rehabilitate criminals because treatment programs are
ineffective
Determinate sentencing is needed for fairness
Parole should be abolished

Concepts of Justice

Due Process Model

Individualized justice, treatment, and rehabilitation of offenders
Civil rights of accused should be protected
Competent defense counsel, jury trials, and procedural
safeguards
The desire to protect the public has overshadowed concerns for
the rights of criminal defendants

Concepts of Justice

Rehabilitation Model
Criminals can change into productive citizens with the right care
and treatment
Criminals are victims of social injustice, poverty, and racism
Dealing effectively with crime requires attacking its root causes
Programs that teach interpersonal skills and behavior
modification techniques have produced positive results

Concepts of Justice

Nonintervention Model
Limiting government intrusion into lives of minor offenders
Deinstitutionalize nonserious offenders
Diverting law violators out of the formal justice system
Critics charge there is little evidence that diverting offenders
reduces recidivism

Concepts of Justice

Restorative Justice Model

Promotes a peaceful and just society
Religious influences of Quakers and Zen
Guided by: 1) community ownership of conflict, material, 2)
symbolic reparation for crime victims, and 3) social reintegration
of the offender
Mediation and conflict resolution programs

Figure 14.7 Perspectives on Justice: Key Concerns and Concepts

Concepts of Justice Today

Crime control and justice models have captured the support of

legislators and the public
Elliot Currie claims the punitive incarceration-based models are
doomed to fail
The cost of justice skyrockets and the criminal justice system
becomes overcrowded