1. Issues Facing the Criminal Justice System
Model Lesson Plan
Kelly Nieto

2. The criminal justice system defined
What is the criminal justice system?
A set of legal and social institutions (e.g., courts) for enforcing the criminal law in accordance with a set of defined rules and limitations
Why do we use it?
Theories of punishment
Retribution: punishment, if proportionate, is a morally acceptable response to a crime (eye for an eye)
Deterrence: use of punishment as a threat to prevent people from committing crimes
Rehabilitation: assumption that people are not permanently criminal and can be restored to contributing members of society
Incapacitation: society will be better off with offenders behind bars and off the streets
Is it effective?

3. Statistics
The United States imprisons more people than any other nation in the world
2,266,800 adults were incarcerated in U.S. federal and state prisons and county jails by the end of the year 2010
This accounts to .7% of the U.S. population
Washington state has 17,772 prisoners
costing $1,162, per day

4. Image from a California state prison…

5. Driving forces behind overcrowding
Three strike laws- statutes enacted by state governments that require state courts to impose a life sentence on persons who have been convicted of two or more serious crimes
Litigation delays- defendants that are unable to post bail stay in jail until trial date
New sentencing guidelines- harsher sentences, war on drugs

6. Driving forces, con’t
Movement from indeterminate to determinate sentencing
Determinate sentencing: a sentence for a fixed or minimum period that is specified by statute
Indeterminate sentencing: a sentence with no definite period of time; length determined based on inmate’s conduct
Demographics- at-risk populations
Economic recession
Rising crime rates and a growing population (arguably)

7. The Eighth Amendment
The Eighth Amendment protects against excessive bail and cruel and unusual punishment
Discussion:
Arguments that prison overcrowding is a violation of the Eighth Amendment against cruel and unusual punishment
Arguments that prison overcrowding is not a violation of the Eighth Amendment against cruel and unusual punishment