The Criminal Justice System The criminal justice system in the United States is designed to protect society against those who break the law, but also to protect the rights of those accused of crimes. The presumption is that one is “innocent until proven guilty.” I.
The Arrest and Pretrial Process There are several steps in the legal process leading from one’s arrest to trial. At each step, the rights of the accused are of paramount importance. • Arrest: The police must have probable cause in order to arrest a suspect. They may also arrest someone if a judge has issued a warrant for their arrest. A warrant will only be issued after the police have provided the judge with sufficient evidence of a suspect’s guilt. • Preliminary Hearing: Soon after being arrested, the defendant appears in court for a preliminary hearing. The judge must be convinced that there is enough evidence against the defendant to go ahead with the case. If not, he may be released. If he is going to trial, the judge will make sure he has a lawyer. The judge may set bail for the defendant at this time, or he may be released on his “own recognizance.” If he is considered a danger to society or a “flight risk,” he may be kept in jail. DSK • Grand Jury: In cases involving serious crimes, a grand jury may be used to determine the charges that will be brought against the defendant. The grand jury may either bring an indictment (formal charges), or they may refuse to indict. If the defendant is indicted, he must then appear in court for an arraignment, which is where he is formally charged with the crime and where he must enter a plea (guilty or not guilty). • Pretrial Motions: After the indictment, lawyers from both sides may make pretrial motions in order to determine what evidence may be used in court. • Plea Bargaining: Most cases never make it to trial. Instead, they may be resolved through a plea bargain, an agreement in which the defendant agrees to plead guilty (and thus avoid a trial) in exchange for a lighter sentence. Why might a defendant accept a plea bargain? Why might the government offer one? II.
Going to Trial If these steps have been followed and no plea bargain has been reached, then the case will proceed to trial. •
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Jury Selection: Citizens are called to serve on the jury. Lawyers from both sides may question them, and each side has the right to dismiss certain people from the jury pool. The goal is to assemble a group of jurors who will be fair and impartial. Trial: During the trial, lawyers from both sides will present evidence to try to make their case. They may call witnesses to testify. The defendant has the right to be present throughout the trial but may not be required to answer questions. Sentencing: If the jury finds the defendant guilty, the final step in the courtroom is sentencing. Depending on the case (whether it is a federal or state case, the particular charges, etc.) this is either done by the jury or by the judge. Typically, charges each have a range of possible sentences that may be imposed. III.
Correctional Institutions Those awaiting trial, or those convicted of some misdemeanors, may serve time in a jail (run by a city or county). Those convicted of more serious felonies will serve time in a prison (run by the state or by the federal government). There are also a variety of alternative correctional programs including treatment centers, “boot camps,” work-­‐release programs, and home detention. Inmates may be granted an early release, or parole, for good behavior. They must follow strict rules and if they violate the terms of their parole they may be sent back to prison. IV.
Challenges Facing the System The criminal justice system in the United States is stretched thin. With over 10 million arrests every year, courts are overwhelmed and prisons are overcrowded. In these difficult economic times, states are having a difficult time handling the increasing caseload. This has led to more alternative sentencing programs, alternative court programs, and more plea bargains. What are the potential negative impacts of an overwhelmed criminal justice system? What are some possible solutions to the problem? V.
Proposals for Fighting Crime Although there is widespread agreement that crime is a major problem facing American society today, there are many different ideas about what should be done to improve the situation. • Preventing Crime: Many people believe the best way to reduce crime is to address its root causes, such as poverty and other social causes. These people would increase government spending on education and jobs programs rather than spending more money on the correctional system. • Being Tougher on Criminals: Other people believe the solution to the crime problem is to get tougher on the criminals. These people would increase spending on courts and prisons, mandate stricter sentencing guidelines such as “mandatory minimums,” and would maintain the death penalty. •
Rehabilitation: Those who focus on rehabilitation programs would like to reduce the rate of recidivism—repeat offenders. Some rehabilitation programs, including counseling and education, take place within prisons, while other programs, such as half-­‐way houses, continue after an offender has been released.