Components of Criminal Justice

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Components of Criminal Justice
Components of Criminal Justice
The Criminal Justice System
Police
Courts
Corrections
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Role of the Police

• Maintain order
• Investigation and Arrest
• Provide emergency service
• GATE KEEPERS

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Types of Police Agencies

• Municipal (city cops)
• County Level (Sheriff)
• State Level (State Troopers)
• Federal (FBI, Secret Service, DEA)

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Role of the Courts

• To seek truth obtain justice
• To adjudicate sentence
• Consists of
• Misdemeanor
• Felony
• Appellate

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Prosecution and Defense
vs.

• Opponents in an adversarial system
• Prosecutor represents the people
• Defense represents the accused

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Role of Corrections

• Probation
• Intermediate Sanctions
• Prisons
• Post-Release Supervision

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Juvenile Justice System

• Clients areDelinquents (juveniles who commit
  crime)
• Status Offenders
• (truants, runaways, incorrigible or unmanageable
  juveniles)

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Criminal Justice Funnel
Of 1,000 crimes that are committed
Only 5 juveniles and 18 adults are incarcerated
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Models of Criminal Justice

• Herbert Packer (1964)
• First, what a great last name!
• Crime Control Model
• Assembly Line
• Goal punish criminal offenders, maintain order
• Due Process Model
• Obstacle Course
• Goal is eliminating errors, limit abuses of the
  system

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Procedural Law

• Procedural laws control the action of the
  agencies of justice and define the rights of
  criminal defendants

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Bill of Rights

• First ten amendments to the U.S. Constitution.
• Purpose is to prevent government from usurping
  the personal freedom of citizens.
• Applied to state actions through the use of the
  Due Process clause of the 14th Amendment.

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Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation
and particularly describing the place to be
searched, and the persons or things to be seized.
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Exclusionary Rule

• The exclusionary rule is not in the
  Constitution. It is the product of the United
  State Supreme Court
• Weeks v. U.S. (1914)
• Mapp v. Ohio (1961)

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Fifth Amendment

• Deals with admissibility of illegally obtained
  confessions and self-incrimination.
• Miranda v Arizona governs custodial
  interrogations.
• Contains double jeopardy clause.
• Contains Due process as it applies to the
  federal government.

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Shaping Rules

• Rules are typically created through judicial
  decisions (case law)
• Subsequent cases provide judges the opportunity
  to clarify, tighten or broaden past rules
• Example good faith exceptions to the
  exclusionary rule

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Beyond Packer

• Ideology
• Conservative vs. Liberal
• History of Crime Control in the U.S.
• Pre-1850s
• 1850s-1920s
• 1920s-1960s (Progressive Era)
• 1960s-1970s (Turmoil)
• 1980s-??? (Crime Control Era)

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History of Criminal Justice

• Prior to the 1800s
• Humans viewed as depraved and immune to change
• Purpose of CJ system punishment
• Punishment corporal and public
• 1850s-1900
• Enlightenment/Classical School
• Prison becomes primary punishment tool
• Belief that discipline/regiment could cure
• Match punishment with severity of crime

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The Progressive Movement

• Faith in the Government to Cure Social Ills
• Progressives middle class men and women.
• Social Ills poverty, working conditions, crime.
• Criminal Justice
• Indeterminate Sentencing
• Rehabilitation
• Juvenile Justice system
• Probation and Parole.

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Turmoil in the 1960s and Early 1970s

• Liberals (progressives)
• We can no longer trust the government
• Conservatives
• Rehabilitation coddling
• Coddling criminals has created more crime and
  disorderGet back to classical school
• The Due Process Movement has hurt crime control
  efforts

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Strange Bedfellows 1970-1980

• Liberals Justice Model
• Reduce discretion through determinate sentencing
  and sentencing guidelines
• Abolish parole
• Shorten Sentences
• Conservatives Crime Control Model
• Reduce discretion through determinate sentences
  and sentencing guidelines
• Abolish parole
• Lengthen sentences

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The Conservative Agenda Wins Out1980s--????

• Crime Control Model
• Rehabilitation Doesnt work
• Harsh Sentences Deter Crime
• Incapacitation Works
• Policy
• Abolish parole
• Enact sentencing guidelines (Increase Sentence
  Length)
• Mandatory minimum sentences
• 3 Strikes Legislation
• Increase Use of Death Penalty

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Current Liberal Ideology

• Justice Model Liberals
• Prevent Harm
• Focus on Social Inequality/Root Causes
• Re-affirm Rehabilitation
• Also focus on prevention programs
• Restorative Justice
• Mediation, Sentencing Circles, etc.