1. Chapter 1: The Criminal Justice System

2. Learning Objectives
Understand the goals of the criminal justice system
Recognize the different responsibilities of federal and state criminal justice operations
Analyze criminal justice from a system perspective
Identify the authority and relationships of the main criminal justice agencies, and understand the steps in the decision-making process for criminal cases
Understand the criminal justice “Wedding Cake” concept as well as the Due Process Model and Crime Control Model
Recognize the possible causes of racial disparities in criminal justice

3. The Casey Anthony Murders
In July of 2011 Casey Anthony was arrested for the murder of her child. While there was a strong circumstantial case, there was little physical evidence. Most casual viewers and media assumed she was guilty, yet the jury acquitted her
What decisions lead to her acquittal?
What do you think was unique and what was common about this case?

4. Goals of the Criminal Justice System
Doing Justice
Basis for the rules, procedures, and institutions of the criminal justice system
Controlling Crime
Procedures and legal processes used by the criminal justice system, such as arrest, prosecution, adjudication, and punishment.
Preventing Crime
Deterrent effect of the actions of police, courts, and corrections

5. Federalism and the Justice System
A system of government in which power is divided between:
Central (National) government
Regional (State) governments
The majority of criminal laws are enacted and enforced at the state level

6. Figure 1.1

7. Expansion of Federal Involvement
Since the 1960s the national government has significantly increased its powers and scope within the criminal justice system
President’s Commission on Law Enforcement and the Administration of Justice (1967)
Recommended significant increase in federal involvement for uniformity and consistency among jurisdictions
Significant federal funding through grants to state and local agencies and organizations

8. Expansion of Federal Involvement
Increased federal investigation and prosecution of interstate crimes
Increased interstate gang and drug crimes led to aggressive federal response
September 11, 2001
The terrorist attacks on the World Trade Center and the Pentagon changed the face of law enforcement interaction
Led to the creation of the powerful U.S. Department of Homeland Security
Increased federal cooperative investigation and funding to state and local agencies

9. Conflict between Federal & State Systems
Currently, many states want a harsher approach taken to illegal aliens
Arizona has passed identification laws that seek to find and deport illegal aliens
Traditionally, the Federal government handled illegal aliens
Some see this an the states acting outside their traditional roles
Some see this as a necessity when the federal government doesn’t act

10. Criminal Justice as Social System
A complex whole consisting of interdependent parts whose actions are directed toward goals and are influenced by the environment within which they function.
To achieve the goals of criminal justice, many kinds of organizations—police, prosecution, courts, corrections—have been formed
Each has its own functions and personnel

11. Figure 1.2

12. Exchange
Mutual transfer of resources among individual actors, each of whom has goals that he or she cannot accomplish alone
A balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives

13. Plea Bargain as Exchange
A defendant’s plea of guilty to a criminal charge with the reasonable expectation of receiving a reduction of the charge or punishment
Probably the most obvious example of exchange

14. Characteristics of the Criminal Justice System
Discretion
The ability to exercise independent judgment and decision making
Resource dependence
The system relies on limited outside funding
Sequential tasks
Decisions occur in a specific order
Filtering
Gradually most people exit the system

15. The American criminal justice system
Three Major Components:
Police
Courts
Corrections

16. Police Four Major Duties: Keeping the peace
Apprehending violators and combating crime
Preventing crime
Providing social services

17. Courts
The United States has a dual court system that consists of a separate judicial system for each state in addition to a national system
Courts are responsible for adjudication— determining whether or not a defendant is guilty

18. Corrections
Nearly seven million American adults (1 of every 31) are under the supervision of state and federal corrections systems
There is no “typical” correctional agency
Agencies and programs are provided by private and public organizations— including federal, state, and local governments

19. The Flow of Decision Making in the Criminal Justice System
Police
Investigate
Arrest
Book
Prosecution
Charging
Initial Appearance
Preliminary Hearing/Grand Jury
Indictment/Information
Courts
Arraignment
Trial
Sentencing
Appeal
Correction
Corrections
Jail, Prison or Probation
Release

20. FIGURE 1.4

21. The Criminal Justice Wedding Cake
Layer 1
“Celebrated” cases that are highly unusual, receive much public attention, result in a jury trial, and often drag on through many appeals
Layer 2
Felonies that are considered serious by officials
Layer 3
Consists of felonies, but the crimes and the offenders are seen as less important than those in Layer 2
Layer 4
Misdemeanors, of which about 90 percent of all cases fall into this category

22. The Wedding cake model

23. Crime Control versus Due Process
Herbert Packer (1968) - described two competing models of the administration of criminal justice:
The Crime Control Model
The Due Process Model
Packer’s model is one of the most important contributions to systematic thought about the administration of justice

24. Crime Control Model
A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime
Emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders
Order is most important value

25. Due Process Model
A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information
Emphasizes the adversarial process, the rights of defendants, and formal decision- making procedures
Law is most important value

26. Crime and Justice in a Multicultural Society
Disparity and discrimination
African-Americans and other minorities are adjudicated and incarcerated at proportionally higher rates than non-minorities
Proportion of Hispanics in prison has sharply increased since 1980
By a ratio of 10: African-American males are more likely to be victims of homicide than white males

27. George Zimmerman and Trayvon Martin
On February 26, 2012 George Zimmerman shot and killed Trayvon Martin
Zimmerman claimed he was acting in self defense after Martin assaulted him
Martin’s defenders claim Zimmerman was armed and confronted Martin without cause
How do you think different cultural assumptions and bias are shaping the case?

28. Disparity and Discrimination
A difference between groups
These differences can often be explained by legitimate factors
Discrimination
Occurs when groups are differentially treated without regard to their behavior or qualifications

29. Explaining Disparities
People of color commit more crimes
The criminal justice system is racist, with the result that people of color are treated more harshly
The criminal justice system expresses the racism found in society as a whole

30. John Edwards Trial In 2012 former Senator John Edwards went on trial.
While the media and public focused on accusation of infidelity, the trial was over violations of campaign finance laws.
Were the resourced devoted to the case proportional to the crime?
The charges were ultimately dropped. How do you think the justice system performed overall?