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,and appellate courts
• Prosecutor

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Prosecution and Defense
v.

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

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Role of Corrections

• Probation
• Prisons
• Half-way Houses
• 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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The Common Law Historical Roots
Formal law in the colonies was adopted from
existing English law, which today is known as
common law.
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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
• The rule disallows illegally obtained
  evidence at trial, and effectively enforces
  clauses of the 4th Amendment.

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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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Perspectives on the Criminal Justice System

• Perspectives are really ideal types of how the
  system should work, and the goals of the system.
• In practice, the system has never been purely a
  crime control or rehabilitation model.

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History of Criminal Justice

• Prior to the 1900s
• Humans viewed as depraved and immune to change.
• Purpose of CJ system punishment
• Punishment corporal and public

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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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Change In the 1960s

• Liberals (progressives)
• We can no longer trust the government
• Conservatives
• Rehabilitation coddling
• Coddling criminals has created more crime and
  disorder

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Liberal Agenda

• Justice Model
• Reduce discretion through determinate sentencing
  and sentencing guidelines
• Abolish parole
• Due Process Model
• Increase individual rights
• Non-intervention Model

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The Conservative Agenda

• Crime Control Model
• Rehabilitation Doesnt work
• Deterrence and Incapacitation are Better
• Policy abolish parole, sentencing guidelines,
  increase sentence length, mandatory minimum
  sentences.

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Crime Control Model

• Reverse due process movement
• Keep liberal judges out of states rights
• Abolish Miranda rights and the exclusionary rule
• Increase the police powers and ability to ferret
  out crime

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Current Liberal Ideology

• Reaffirm Rehabilitation
• The Restorative Justice Model