The Criminal Justice System

Structure & Process

 The Criminal Justice Process

• Cycles individuals from the status of

“free citizen” to that of suspect, then
defendant, to convicted offender,
probationer/inmate, parolee/released
“offender” – as such “integrates” the
System
 How does this work?
– A series of stages administered by a
number of subsystems with different
goals, values, and structures
– The activities are expected to “sum
to the “overall goal” and create the
appearance of a “system
Criminal Justice System
 The Stages in the Process
• Observation/Report • Hearing on Pre-Trial
Motions
• Investigation
• Trial
• Arrest/Booking • Sentencing
• Initial Appearance • Appeals/Post
• Determination of Conviction Remedies
Formal Charge • Conditions of Sentence
• Arraignment, • Release
Indictment, or • Parole/Revocation
Information • Discharge
 Bases for the Process – Values
and Value Conflicts
• Due process
• Fundamental Fairness
• Propriety
• Freedom from Cruel and Unusual Punishment
• Equal Protection
• Rule of Law
• Presumption of Innocence
 Values (cont)
• Constitutional Government
• Separation of Power
• Federalism
• Civil Rights
• Majority Rule
• Individualism
• Human Dignity
• Social Justice
 Multiple Goals
• Detect, Apprehend, Convict,
Incapacitate

• Deter Potential Offenders

• Create an Ordered Society

 Two Different Purposes
• Control by “solving” crimes

• Control by “preventing” crimes

 Solving Crime
• Control crime by solving offenses,
arresting suspects, and processing and
incapacitating offenders

– Deals with the immediate and rests

on the discovery of past criminal
behavior
 Preventing Crime
• Preventing crime through these
processes or other means

– Forward looking, forecasting,

forestalling future crimes by present
interventions
 Measures of Effectiveness
• High arrest rates • Arrest only under extreme
conditions
• Charging the highest
• Direct violators to other
possible crimes
agencies
• Convicting offenders • Charge only according to
as charged what is best for the person
• Sentencing to • Use probation/community
maximum terms corrections for a short
period of time
 Questions Raised
• What is a “good” judge?

• What is a “good” prosecutor?

• What is a “good” corrections program?

• What is a “good” law enforcement” agency?

 Approaches to Deterrence
• Belief in the certainty of criminal justice
process and reliance on the severity of
consequences
• System should be nearly invisible while
having a belief that it is operating
efficiently
• Prevention of opportunities
 Creating an Ordered Society
• Effectiveness and efficiency of the Criminal
Justice Process
• Reliance on elements which are more
symbolic and ceremonial

Note: The agencies in the Criminal Justice

System are “agents” of the status quo
 Conclusions and Consequences
• The Criminal Justice System is comprised of a set
of “subsystems” which have different and
sometimes contradictory goals
• Personnel within agency unit can be expected to
have a vested interest in its survival if not
expansion
• System maintenance concerns are important
factors in understanding the way the CJS operates
and provide a basis for change
 Present Conditions – no CJS agency is
completely effective and efficient
• Most crimes, particularly property crimes
reported to the police are never “solved”
• Prosecutorial role is often one of
negotiation rather than trial
• Judges are somewhat unsure of their
effectiveness in sentencing
• Correctional programs often fall far short of
rehabilitation or reintegration
Functions Differ – but regardless of goals
rests on governmental authority – it is a
“legal” system
• Law Enforcement
• Prosecutorial/Defense
• Trial Court
• Corrections
 Law Enforcement Functions
• Enforce Laws

• Maintain Order

• Provide Services

• Enforce Convenience Norms

 Sources of Authority Differ
• Legislative

• Executive

• Judicial (Appellate Courts)

• Administrative
 Authorities
• Crimes are defined by legislation
• Executive branch functions primarily to initiate
legislation, appoint administrators and propose
budgets
• Appellate courts interpret the laws
• Administrative agencies and officers e.g. police,
prosecution, trial courts enforce law, collectively
operate the overall CJ process and assure various
degrees of operational rule-making authority
 Differ in Structure
• Distinctness of agencies and offices – non-
interchangeable personnel

• Separate, unrelated budgets

• Differing, jurisdictional boundaries – e.g not one

police agency
 Differ in Structure (cont)
• Separate human resource pools with personnel in
each agency recruited from different populations

• Differing patterns of personnel selection

• Variations in the amount of client and indirect

citizen involvement in the decision making
process