Criminal Justice System

Police –Most immediate control over who is arrested for a criminal act –Police discretion The power held by police officers to decide who is actually arrested –Racial profiling The practice of assuming that non-white Americans are more likely to commit crime than white Americans

How do police decide to make an arrest? –The seriousness of the offense –Wishes of the victim are taken into consideration –The attitude of the suspect is considered –If bystanders are present, the police are more likely to make an arrest –Police are more likely to arrest (and use force against) African Americans

Criminal Justice System Courts –After an arrest, responsibility goes to the part of the court system –There is a two-fold process in the courts A court determines guilt or innocence of a person in a trial In the case of a guilty verdict, the court assigns a punishment

–More than 90% of all criminal cases are settled through plea bargaining –Plea bargaining Process of legal negotiation that allows an accused person to plead guilty to a lesser charge in return for a lighter sentence –Plea bargaining helps reduce large caseloads, save on expensive and time- consuming jury trials

Criminal Justice System Corrections –Are made up of 3 sanctions Imprisonment Parole Probation –Corrections are used to punish criminals

–The 3 sanctions serve 4 basic functions Retribution –The punishing of a criminal serves as an act of revenge for the victim and society Deterrence –Is intended to discourage offenders from committing future crimes and to make the rest of society think twice before breaking laws

Rehabilitation –During the 1800’s, prisons emerged as places in which to reform criminals so that they could return to society as law-abiding citizens Social Protection –By limiting the freedom of offenders, society prevents them from committing additional crimes. –In the case of the death penalty, the threat of an offender committing future criminal acts is eliminated.

Criminal Justice System Does the corrections system work? There are indications that this system doesn’t work. Recidivism –The term for repeated criminal behavior 68% of released prisoners will be charged with new crimes 52% will return to prison within 3 years

Characteristics of federal arrestees booked by the U.S. Marshals Service, October 1, 2008–September 30, 2009 Arrestee characteristic Number Percent All arrestees 183, % Sex Male 159, % Female 24, Race* White 144, % Black/African American 32, American Indian/Alaska Native 2, Asian/Native Hawaiian/Other Pacific Islander 1, Age Under 19 years 3, % 19–20 9, –30 64, –40 50, Over 40 37, Citizenship U.S. citizen 71, % Non-U.S. citizen 84, Note: Details may not sum to the total number of arrestees due to missing data. *Hispanic or Latino origin not available. Source: U.S. Marshals Service Prisoner Tracking System file, fiscal year 2009.