Chapter 1 OVERVIEW OF CORRECTIONS

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1 Chapter 1 OVERVIEW OF CORRECTIONS AND CRIMINAL JUSTICE

2 Criminal Justice as Social/Governmental Institution Social Institutions established groupings people beliefs practices three main characteristics relatively stable addresses a particular set of societal needs linked to one another, not isolated Criminal Justice meets three broad needs control crime ensure lawbreakers get what they deserve ensure offenders are treated fairly and justly

3 Criminal Justice as Social/Governmental Institution Branches of Government legislative branch pass laws defining crimes and corresponding punishments process certain procedures and hold investigative hearings approve budgets and appropriate funding police courts correctional agencies judicial branch process cases to determine guilt or innocence sentence those deemed guilty hear appeals on issues of fairness and constitutionality may be responsible for certain functions related to corrections diversion or probation

4 Criminal Justice as Social/Governmental Institution Branches of Government executive branch elected and appointed public officials various units subordinate to their authority law enforcement responsible for identifying those suspected of crime apprehending those who appear guilty gathering evidence to support prosecution corrections agencies carry out sentences imposed by courts juvenile justice involves all three branches of government addresses crime committed by juveniles few operate at federal level

5 Criminal Justice as an Academic Field of Study Involves three interrelated activities teaching and learning conducting topical research related to field performing services for the profession A multidisciplinary / applied field of study focus on application of material being studied to activities legislative policing / court corrections / juvenile justice criminal justice academic education and training similarities in topics covered and approaches taken differ in relative emphasis academic education - broader, grounded in social science cj training - more specialized, vocational, professional in orientation

6 Overview of the Evolution of Criminal Justice Historically crime was regarded a sin against God and a wrong against other people Traditional means of dealing with crime fragmented and unsystematic private individuals, groups, clergy and government authorities Enlightenment thinkers built upon core ideas challenged the existing system of justice arbitrary, unfair, barbaric, and ineffective at controlling crime argued for a system of written laws and punishments laws need to be applied in a uniform and equal manner punishments could deter crime if imposed with certainty swiftness sufficient severity

7 Overview of the Evolution of Criminal Justice Following the American Revolution U.S. Constitution developed Bill of Rights added two years later rapid rise of urban police forces and penitentiary system separate justice system for juveniles Civil War and Great Depression heightened crime and disorder vigilante violence gangs in cities bank and train robberies public corruption outlaws became folk icons

8 Overview of the Evolution of Criminal Justice Professionalism of Criminal Justice Hoover Administration & following decades Wickersham Commission Federal Bureau of Investigation International Association of Chiefs of Police American Bar Association National Prison Association widespread civil unrest in 1960s civil rights movement war in Southeast Asia Lyndon Johnson s Administration Commission on Law Enforcement & Administration of Justice Law Enforcement Assistance Administration

9 Overview of the Evolution of Criminal Justice Growth in the Criminal Justice System , spending increased 2003, 2.3 million employees law enforcement court correctional employees majority worked in law enforcement mostly for local government agencies can be difficult to understand operations and processes is compounded by variations across jurisdictions structure practice

10 The Contemporary Criminal Justice System 3 common / interacting / interdependent components police, courts, corrections (comprise loose system) The Police support society s need for justice and safety operate by exercising discretion within parameters set by law responsible for upholding and enforcing the law responsible for upholding and enforcing the law prevent crimes from occurring investigate reported crimes provide social services for domestic peace and tranquility gatekeepers of the criminal justice system use discretion to decide what action should be taken

11 The Contemporary Criminal Justice System The Courts a dual system of state and federal courts usually operate independently of one another overlap at times state court systems courts of limited jurisdiction courts of general jurisdiction state and federal appellate courts do not hear original cases review cases render decisions regarding outcomes from lower court an adversarial system prosecutor and defense counsel present opposing cases separate courts for juvenile offenders less formal and adversarial overriding purpose to serve the best interests of the child

12 The Contemporary Criminal Justice System Corrections probation jails front-end community-based sanction operated at local level and serve a multitude of purposes prisons most operate at federal or state level responsible for care and custody of felony offenders parole back-end sanction designed to protect the public ease offenders transition back into community juvenile services correctional subcomponents are very similar different terminology and more rehabilitative approach

13 The Contemporary Criminal Justice System The Components as a System police/courts/corrections comprise loose system each component interacts with and is influenced by the others police determine number and types of cases to be prosecuted prosecutor s decision about prosecution and plea bargaining court s decision about placement in correctional agencies caveats about the system analogy overlapping functions regularly interact influenced by one another no single criminal justice system frequent breakdowns in communication mutual suspicion and competition diverse and conflicting interests and objective

14 Series of stages arrest Criminal Justice Processes act is reported or observed by police criminal act = system entry pretrial investigation and bail hearing determine if evidence is sufficient to pursue prosecution adjudication fact finding arraignment, pretrial hearing, trial sentencing judge decides appropriate sanction corrections carry out punishment

15 Criminal Justice Processes The Criminal Justice Process as a Funnel like a funnel with hole at bottom, cases can exit at any point relatively few cases in process make it to prison many crimes never result in arrest for varying reasons suspects are never located police decide not to arrest prosecutor decides to dismiss case or proceed to court half of adjudicated cases result in felony conviction even fewer sentenced to prison

16 Models and Images of Crime and Justice The Media, Crime, and Justice public s perception of crime comes from TV & Internet advantages retrieved/viewed quickly and inexpensively visual images increase public s interest disadvantages much of content reported is highly selective produces distorted images of crime and justice heavy viewers likely to be more fearful of crime some cases draw an inordinate amount of media attention characteristics of victim nature of crime nature of offender distorts the public s ideas about nature of crimes how the justice system operate

17 Models and Images of Crime and Justice Packer s Due Process & Crime Control Models due process model most important consideration upholding rights of defendant search for truth more important than speed and efficiency crime control model assembly-line justice priority crime-fighting operations of police and prosecutors tension between Packer s two models need to protect citizens from criminal victimization need to provide rights, freedoms, and fairness need to balance justice and safety