The American Justice System
Essential Questions:
What are the steps of the criminal justice system?
What do police do?
What are the pre-trial steps of the courts?
What occurs at the trial?
What are the standards/rules of an American trial?
What occurs after a trial?
What is plea bargaining?
What is bail?
"In the criminal justice system, the people are represented by
two separate yet equally important groups: the police who
investigate crime and the district attorneys who prosecute the
offenders. These are their stories."
3 Parts of the Criminal Justice
System
• Police –keep the
peace and enforce
criminal laws
• Courts—determines
guilt and assigns
punishment
• Corrections –
punishment and
rehabilitation
Steps of Police Work
1. Investigation of a crime by the police.
– gather evidence to identify a suspect and
support an arrest.
2. Arrest of a suspect by the police.
– Taken into custody to hold until court
– Probable cause is the legal requirement for an
arrest. It means that there is a reasonable link
between a specific person and a particular
crime.
https://www.youtube.com/watch?v=SC2ob
oF9So8 Cops- Hardcore!
Pre-trial Steps of Courts
1. Prosecution
– If evidence strong enough, will decide to bring
case to trial
–
When deciding whether to charge a person with a crime,
prosecutors weigh many factors, including the
seriousness of the offense and the strength of the
evidence.
2. Indictment or information
– Evidence must be brought to a grand jury, or a
preliminary hearing to determine if there is
evidence enough for a trial
Pre-trial Steps of Courts
3. Arraignment
– defendant enters a plea in court
• Common: guilty and not guilty.
• No contest
4. Pretrial detention
– temporary custody prior to trial.
– Bail: money paid to ensure defendant will
show up for trial. (can go home!)
The Trial
• Prosecutor vs. Defense attorney
• Judge or jury bring judgment:
–Innocent until proven guilty.
–Beyond a reasonable doubt
• Plea bargaining - the defendant
agrees to plead guilty in exchange for
a charge or sentence reduction.
Sentencing and Appeals
• If the accused is found guilty,
a judge metes out a
sentence.
• Attorneys can appeal to
courts to retry/overturn the
case
Corrections
• What is the point of corrections?
Four Functions of Corrections
• retribution: serves as an act of
revenge on criminal by society
• deterrence: discourage future
offenders
• rehabilitation: reform prisoners into
law abiding citizens
• social protection: prevents prisoners
from committing more crimes and
protecting civilians
Which purpose of corrections do you
think is most important?
Problems with Corrections system:
• Recidivism: repeated criminal
behavior.
Recidivism
• 44.1% of released criminals are
arrested again within a year
• ~67% within three years
–Increased drug use or start drugs
–Learn how to commit more acts of
crime
Beyond a Reasonable Doubt
• Read Article.
Read/Discuss: “Prisons of Our Own
Making” - Ross Douthat
• What about granting clemency? Should
governors be encouraged/allowed to reduce
sentences?
– Should they pay a political price?
Put notes away – with a neighbor
try your hand at the “quiz”