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The Criminal Justice System Goals
Federalism
System perspective
Characteristics
Operations
Flow of decision making
Crime and Justice in a Multicultural Society
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Doing
Justice
Controlling
Crime
PreventingCrime
Goals of the Criminal Justice
System
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Doing Justice
Accountability for
offenses
Protect rights
Equality under the law
Discretion
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Controlling Crime Apprehension
Prosecution
Punishment
Within the bounds of
the law
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Preventing Crime Police presence
Punishment asdeterrent
Problems with citizen
invoked crimeprevention
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A system of governmentin which power is divided
between a central (national)
government and regional(state) governments.
Federalism
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State systems handle
alleged violations ofstate law.
The federal system
handles allegedviolations of federal
law.
Dual Justice Systems
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Federal State and Local Comparisons I
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Federal State and Local Comparisons II
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Criminal Justice as a System
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System Perspective
Interdependent
subsystems
Exchange
relationships
Example: pleabargains
Ch i i f h C i i l
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Characteristics of the Criminal
Justice System
Discretion
Resource Dependence
Sequential Tasks
Filtering
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Discretion
Arrest or let go?
Long or short
sentence?
Prosecute or
dismiss?
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Resource Dependence
Politicians Public
Media
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Sequential Tasks
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Criminal Justice
Funnel
Of 1,000crimes that are
committed
Only
5 juveniles and
18 adults are
incarcerated
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Police Courts Corrections
The Criminal Justice System
Operations of Criminal
Justice Agencies
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POLICE Keep the peace
Combat crime
Prevent crime
Provide social services
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COURTS
Dual Court System US and State
Variance among states
Adjudication Sentencing
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CORRECTIONS Only about 1/3 incarcerated
Community supervision
Federal, State, and local
Privatization trend
Fl f D i i M ki i th
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Flow of Decision Making in the
Criminal Justice System
Steps in the Decision Making Process The Criminal Justice Wedding Cake
Crime Control versus Due Process
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Criminal Justice Wedding Cake:
Layer 1
Celebrated
perpetrators
Celebrated victims Type the media loves
Cases that make
Supreme Court
precedents
1
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Serious felonies by
experienced offenders
Violent crimes
Property crimes with
high $ value
Get full attention ofthe CJ system
2
Criminal Justice Wedding Cake:
Layer 2
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First time offender less
serious offenses which may
be felonies Less serious personal injury
or low $ value
Dealt with less seriously,
maybe probation
3
Criminal Justice Wedding Cake:
Layer 3
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Most misdemeanors
Handled in assembly-line fashion Typical penalty is a small fine
Having to go to court may
be the real punishment
4
Criminal Justice Wedding Cake:
Layer 4
C ti M d l
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Competing Models
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Racial Disparities
in CJ SystemPotential
Explanations
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Explanations for Incarceration Rates for
Blacks and Whites
Black Incarceration (DV)
Arrest rates
Poverty
Unemployment
Executive Party (R)
Legislature (%R)
Black Politicians %
State Courts (Liberal)
Citizen opinion Sentencing Guidelines
Prison Capacity Litigation
White Incarceration (DV)
Arrest rates
Poverty
Unemployment
Executive Party (R)
Legislature (%R)
Black Politicians %
State Courts (Liberal)
Citizen opinion Sentencing Guidelines
Prison Capacity Litigation
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Incarceration Rates By Race
0
200
400
600
800
1000
1200
1400
1600
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95
Year
StatePrisonersper100,000population
1
2
3
4
5
6
7
8
9
BlackRate/White
Rate
Black Rate / White Rate
Black Imprisonment Rate
White ImprisonmentRate
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Effect of Partisanship on Black Incarceration
Conditioned on Black State Population
Quick Quiz to Test Attention
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Quick Quiz to Test Attention
1) ___ is the authority to make decisions by using ones own judgment and
conscience which provides the basis for individualization and informality in the
administration of justice.
Discretion
2) ___ is a document charging an individual with a specific crime prepared by a
prosecuting attorney and presented to a court at a preliminary hearing.
Information
3) ___ is a characteristic of the criminal justice system that leads criminaljustice officials to be responsive to elected officials and legislative bodies.
Resource dependence
4) ___ consists of separate judicial structures for states and for the national
government.
Dual court system
5) ___ is a characteristic of the organization of law enforcement and other
criminal justice agencies in the United States.
Decentralization