Understanding and Predicting

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Chapter 14
Understanding and Predicting the Future of
Criminal Justice
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CHAPTER OBJECTIVES
After completing this chapter, you should be able
to

• Point out major differences between Packers
  crime control and due process models.
• Identify the factor that will probably most
  influence which of Packers two models dominates
  criminal justice policy in the United States at
  any particular time in the future.

continued
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• Describe the possible future of the
  administration of justice if the crime control
  model dominates, and the possible future if the
  due process model dominates.
• Identify perhaps the most divisive issue that
  will confront correctional policy makers in the
  future.
• Describe the possible future of corrections.
• List some of the cost reduction strategies likely
  to be advocated in corrections in the future.

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14.1 A Framework for Understanding the Future of
Criminal Justice
The principal guide that informs our predictions
of the future directions of criminal and juvenile
justice is Herbert Packers model of the U.S.
criminal justice process.
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A Framework for Understanding the Future of
Criminal Justice
In his influential 1968 book entitled The Limits
of the Criminal Sanction, legal scholar Herbert
Packer describes the criminal justice process in
the U.S. as the outcome of competition between
two value systems

• The crime control model
• The due process model

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The Crime Control Model
In the crime control model, the means by which
crime is controlled are less important than the
ultimate goal of control of criminal behavior.
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crime control model
One of Packers two models of the criminal
justice process. It reflects traditional
politically conservative values. In this model,
the control of criminal behavior is the most
important function of criminal justice.
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The Crime Control Model
Advocates of the crime control model want to make
the process more efficientto move cases through
the process as quickly as possible and to bring
them to a close.
Packer characterizes the crime control model as
assembly-line justice.
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The Crime Control Model
Crime control advocates prefer plea bargaining to
jury trials, which slow down the process. Plea
bargains

• are speedy
• can be handled uniformly
• offer no opportunity for appeal

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The Crime Control Model
The key to the crime control model is a
presumption of guiltif a person has been
arrested and charged, they must be guilty.

• The problems with this are
• Miscarriages of justice do occur.

continued
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The Crime Control Model

• The presumption of guilt goes against one of the
  oldest and most cherished principles of American
  criminal justicethat a person is considered
  innocent until proven guilty.

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The Due Process Model
In the due process model the factual guilt of
suspects is not determined until the suspects
have had a full opportunity to discredit the
charges against them.
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due process model
One of Packers two models of the criminal
justice process. It embodies traditional
politically liberal values. In this model, the
principal goal of criminal justice is at least as
much to protect the innocent as it is to convict
the guilty.
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JUSTICE ISSUE
Due process advocates say it is better to let a
guilty person go free than to wrongly convict and
punish an innocent person. Do you agree or
disagree? Why?
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The Due Process Model
The due process model is based on the doctrine of
legal guilt and the presumption of innocence.
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doctrine of legal guilt
The principle that people are not to be held
guilty of crimes merely on a showing, based on
reliable evidence, that in all probability they
did in fact do what they are accused of doing.
Legal guilt results only when factual guilt is
determined in a procedurally regular fashion, as
in a criminal trial, and when the procedural
rules designed to protect suspects and defendants
and to safeguard the integrity of the process are
employed.
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The Due Process Model
This obstacle course model of justice is
championed by due process advocates because they
are skeptical about the ideal of equality on
which American criminal justice is supposedly
based.
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The Due Process Model
The model rests on the assumption that preventing
tyranny by the government and its agents is the
most important function of the criminal justice
system.
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Crime Control vs. Due Process
Which of the models dominates criminal justice
policy in the U.S. at any particular time depends
on the political climate.
Neither model is likely to completely control
criminal justice.
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CRITICAL THINKING

• What do you think are some of the fundamental
  problems with the crime control model? What are
  the benefits of this model?
• What do you think are some of the fundamental
  problems with the due process model? What are the
  benefits of this model?

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14.2 The Future of Law Enforcement
If the future of law enforcement increasingly
reflects the principles and policies of the crime
control model, then we might expect fewer
limitations on how the police attempt to combat
crime.
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The Future of Law Enforcement
The investigative abilities of the police should
be improved and made easier by the expansion of
community policing.
If it is employed according to crime control
principles, we should expect greater intrusion
into the lives of citizens. Privacy will be
sacrificed for efficiency in crime control.
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The Future of Law Enforcement
Greater intrusion into peoples lives will be
facilitated by advances in electronic
surveillance, such as advances in bionics.
To facilitate efficient crime control, according
to the logic of the crime control model, it is
conceivable that every move we make and every
word we say will be recorded for future
incrimination, if the need arises.
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bionics
The replacing of human body parts with mechanical
parts.
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The Future of Law Enforcement
On the other hand, if we see a shift to the
principles and policies of the due process model,
we should expect existing limitations on how the
police combat crime to remain intact or even be
expanded.
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The Future of Law Enforcement
Regardless of which of Packers two models
dominates in the future, community policing is
likely to become standard practice throughout the
country, as police officers becomes known as
public service officers.
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The Future of Law Enforcement
If community policing adheres to principles of
the due process model, it will not in any way
violate the privacy of citizens unless there is
probable cause (strictly defined) to do so.
Instead, community policing will help reduce the
incidence of criminal victimization and improve
the conditions of lifewhile respecting the
privacy of citizens.
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The Future of Law Enforcement
One new development is DNA profiling, which will
probably become a routine law enforcement tool in
the near future.
Perhaps the most thorny issue with DNA profiling
is how the DNA database will be collected and
used.
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The Future of Law Enforcement
If the due process model prevails, the DNA
database will probably comprise samples taken
only from booked suspects, as is the current
practice with fingerprints.
If the crime control model prevails, the DNA
database may comprise DNA samples taken shortly
after birth from all infants born in the U.S.
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The Future of Law Enforcement
The future of law enforcement in the U.S. is
likely to be very different from law enforcement
today. The form that the change ultimately takes
will depend substantially on whether there is a
dramatic shift toward the principles and policies
of the crime control model or the due process
model.
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CRITICAL THINKING

• What impact do you think DNA profiling will have
  on the future of law enforcement?
• Can you think of any other technological advances
  not listed above that could significantly impact
  law enforcement in the future?

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14.3 The Future of the Administration of Justice
If in the future, the administration of justice
in the U.S. is more in line with the crime
control model, then the right to legal counsel at
critical pre- and posttrial stages may be scaled
back significantly.
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The Future of the Administration of Justice
If the principles and policies of the due process
model dominate the future of the administration
of justice, however, then it is likely that the
current right to counsel at a variety of critical
stages in the process will be retained and,
perhaps, even extended somewhat.
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The Future of the Administration of Justice
Crime control model enthusiasts advocate the
abolition of the preliminary hearing, which is
seen as a waste of time and money.
Due process model advocates believe that the
preliminary hearing is a critical stage in the
administration of justice, perhaps giving a
judicial officer the only chance to scrutinized
the prosecutors work.
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The Future of the Administration of Justice
Due process model enthusiasts argue instead for
the elimination of the grand jury, which they say
has become a rubber stamp for prosecutors.
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The Future of the Administration of Justice
The crime control model would likely see expanded
use of pretrial detention, which would encourage
guilty offenders to plead guilty.
Due process model supporters argue that pretrial
detention should be used sparingly if at all, and
that people should be entitled to remain free
until they are found guilty unless they pose a
threat to society.
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JUSTICE ISSUE
A basic philosophy of the American justice system
is that people are considered innocent until they
are proven guilty? Do you think pretrial
detention violates that basic philosophy?
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The Future of the Administration of Justice
If the crime control model dominates, it is
likely that appeals will be strongly discouraged
and limited.
If the due process model dominates in the future,
there will probably be no limitations on the
right to appeal.
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The Future of the Administration of Justice
Because the population of the U.S. will have
greater cultural and racial diversity, criminal
courts may be forced to adapt to those changing
demographics with

• A greater sensitivity of court personnel to
  cultural diversity issues.

continued
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The Future of the Administration of Justice

• An increased ability of court personnel to
  communicate effectively with non-English-speaking
  persons.
• A more culturally and racially diverse work force
  that better reflects the demographic
  characteristics of the population.

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The Future of the Administration of Justice
As the number of people over age 65 increases,
other changes will be necessary

• Types of cases will change to reflect crimes
  against the elderly, and issues such as the right
  to die.
• Courts will have to better accommodate people
  with physical disabilities such as hearing and
  visual impairments.

continued
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The Future of the Administration of Justice

• Court personnel will have to be trained to deal
  effectively with persons with hearing and visual
  impairments, and those in wheelchairs, for
  example.

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The Future of the Administration of Justice
If the crime control model dominates, criminal
courts will probably handle an increasing number
of juveniles. Juvenile courts may be eliminated
altogether.
Ironically, if the due process model dominates,
juvenile justice might be eliminated anyway,
because of concerns about procedural rights.
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The Future of the Administration of Justice
It is likely that whichever model dominates, most
conflicts will be handled differently, through
alternative dispute resolution programs.
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The Future of the Administration of Justice
Criminologist Gene Stephens proposes a model that
integrates mediation and arbitration into a
process he calls participatory justice.
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mediation
A dispute resolution process that brings
disputants together with a third party (a
mediator) who is trained in the art of helping
people resolve disputes to everyones
satisfaction. The agreed-upon resolution is then
formalized into a binding consent agreement.
continued
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arbitration
A dispute resolution process that brings
disputants together with a third party (an
arbitrator) who has the skills to listen
objectively to evidence presented by both sides
regarding a conflict, to ask probing and relevant
questions of each side, and to arrive at an
equitable solution to the dispute.
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The Future of the Administration of Justice
Stephens maintains that participatory justice
would be cheaper faster, and more equitable than
our current adversary process of justice.
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The Future of the Administration of Justice
Participatory justice is a form of restorative
justice, an alternative to the punitive justice
currently used in the U.S.
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restorative justice
A process whereby an offender is required to
contribute to restoring the health of the
community, repairing the harm done, and meeting
victims needs.
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The Future of the Administration of Justice
Another form of restorative justice that may be
adopted in the U.S. is reintegrative shaming.
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reintegrative shaming
A strategy in which disappointment is expressed
for the offenders actions, the offender is
shamed and punished, but, what is more important,
following the expression of disappointment and
shame is a concerted effort on the part of the
community to forgive the offender and reintegrate
him or her back into society.
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The Future of the Administration of Justice
Technology will also change the administration of
justice in the future

• Defendants can appear in court via interactive
  television, reducing transportation costs, and
  allowing prisons to be built far away from
  cities.
• Witnesses can provide videotaped testimony, or
  testify via interactive television.

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The Future of the Administration of Justice
Other technological advances may include

• More efficient processing and recording of
  information by computer
• Instantaneous long-distance communication between
  integrated court systems

continued
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The Future of the Administration of Justice

• Use of artificial intelligence to assist in legal
  research and decision-making
• Use of computer-generated graphics to reconstruct
  crime incidents
• Use of computers to create an interactive
  three-dimensional re-creation of a crime scene

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JUSTICE ISSUE
Technological advances could allow computers to
extract conscious and unconscious memory from
witnesses, or create a three-dimensional
rendering of a crime. What constitutional
questions do you think these forms of technology
could raise? How would such technology affect
citizens right to privacy or freedom of speech?
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CRITICAL THINKING

• Can you think of any other technological advances
  not listed here that could impact the
  administration of justice in the future?
• Review the FYI on Bilingual Courts on page 538
  of your textbook. Do you think that people who
  dont speak English should be allowed to serve as
  jurors? Why or why not?

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14.4 The Future of Corrections
In the area of corrections, crime control is, and
will probably remain, the paramount goal,
regardless of which model of justice
administration dominates in the future.
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The Future of Corrections
Perhaps the most divisive issue that will
confront correctional policy makers in the future
is whether increasingly scarce resources should
be devoted more to punishment or to
rehabilitation.
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The Future of Corrections
Most people knowledgeable about corrections in
the U.S. paint a rather bleak picture of the
future

• The number of citizens under correctional custody
  will continue to increase.
• Increasing numbers of offenders will consume
  increasingly larger budgets.

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The Future of Corrections

• Alternatives to incarceration will not prevent
  the need to fund hundreds of costly new jails and
  prisons.

• Governments will resist spending on corrections,
  and will increase reliance on alternatives to
  incarceration, privatization, and the use of new
  technology.

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The Future of Corrections

• Cryonics could reduce overcrowding, by allowing
  frozen prisoners to be stacked and stored.

cryonics
A process of human hibernation that involves
freezing the body.
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The Future of Corrections

• Several possible countervailing factors could
  reduce or eliminate cost savings

• Net-widening
• Costs of technologies

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CRITICAL THINKING

• When it comes to corrections, to what do you
  think more money should be devoted punishment or
  rehabilitation? Why?
• Of the possible future technology advances
  presented above, which do you think could have
  the most significant impact on corrections in the
  future? Why?

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• End of Chapter 14