1. The Criminal Justice System
Structure & Process

2. 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

3. 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

4. Criminal Justice System

5. The Stages in the Process
Hearing on Pre-Trial Motions
Trial
Sentencing
Appeals/Post Conviction Remedies
Conditions of Sentence
Release
Parole/Revocation
Discharge
Observation/Report
Investigation
Arrest/Booking
Initial Appearance
Determination of Formal Charge
Arraignment, Indictment, or Information

6. 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

7. Values (cont) Constitutional Government Separation of Power Federalism
Civil Rights
Majority Rule
Individualism
Human Dignity
Social Justice

8. Multiple Goals Detect, Apprehend, Convict, Incapacitate
Deter Potential Offenders
Create an Ordered Society

9. Two Different Purposes
Control by “solving” crimes
Control by “preventing” crimes

10. 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

11. Preventing Crime
Preventing crime through these processes or other means
Forward looking, forecasting, forestalling future crimes by present interventions

12. Measures of Effectiveness
High arrest rates
Charging the highest possible crimes
Convicting offenders as charged
Sentencing to maximum terms
Arrest only under extreme conditions
Direct violators to other agencies
Charge only according to what is best for the person
Use probation/community corrections for a short period of time

13. 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?

14. 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

15. 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

16. 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

17. 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

18. Functions Differ – but regardless of goals rests on governmental authority – it is a “legal” system
Law Enforcement
Prosecutorial/Defense
Trial Court
Corrections

19. Law Enforcement Functions
Enforce Laws
Maintain Order
Provide Services
Enforce Convenience Norms

20. Sources of Authority Differ
Legislative
Executive
Judicial (Appellate Courts)
Administrative

21. 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

22. Differ in Structure
Distinctness of agencies and offices – non-interchangeable personnel
Separate, unrelated budgets
Differing, jurisdictional boundaries – e.g not one police agency

23. 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