1. Chapter 14
The Criminal Justice System

2. Origins of the Criminal Justice System
Wickersham Commission
President’s Commission on Law Enforcement and the Administration of Justice, 1967
Law Enforcement Assistance Administration

3. Origins of the Criminal Justice System
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4. 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

5. Figure 14.1 Components of the Criminal Justice System

6. Figure 14.2 Direct Expenditure by Level of Government

7. Figure 14.3 Direct Expenditure by Criminal Justice Function

8. Table 14.1 Number of People Under Correctional Supervision 1990-2003

9. Figure 14.4 Adult Correctional Populations 1980-2003

10. 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)

11. CNN Clip - Robert Durst Found Not Guilty

12. Figure 14.5 The Critical Stages of the Justice Process

13. 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

14. Figure 14.6 The Criminal Justice Funnel

15. 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)

16. 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

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

18. 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

19. 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

20. 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

21. 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

22. Figure 14.7 Perspectives on Justice: Key Concerns and Concepts

23. 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