Components of
Criminal Justice
The Criminal Justice System
Police
Courts
Corrections
1
Role of the Police
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Maintain order
Investigation and Arrest
Provide emergency service
“GATE KEEPERS”
2
Role of the Courts
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To seek truth &
obtain justice
To adjudicate &
sentence
Different courts:
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Misdemeanor
Felony
Appellate
3
Role of Corrections
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Probation
Intermediate Sanctions
Prisons
Post-Release Supervision
What
does corrections
correct?
4
Juvenile Justice System
Clients are:
Delinquents (juveniles
who commit crime)
Status Offenders
(truants, runaways,
incorrigible or
unmanageable juveniles)
5
Criminal Justice Funnel
Of 1,000
crimes that are
committed
Only
5 juveniles and
18 adults are
incarcerated
6
Procedural Law

Procedural
laws control
the action of
the agencies of
justice and
define the
rights of
criminal
defendants
7
Bill of Rights

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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.
8
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.
9
Exclusionary Rule
• The exclusionary rule is not in the
Constitution. It is the product of the
United State Supreme Court
•Weeks v. U.S. (1914)
•Mapp v. Ohio (1961)
10
Fifth Amendment

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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.
11
The POLICE
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Gatekeepers to the CJ system
HIGH VISIBILITY
HIGH DISCRETION
Tension between wanting “effective” police
and respecting individual freedom
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Precursors to Modern Police

Early England
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Pledge system
Hundreds “constable”
Shires  “shire reeve”
Changes in the 13th Century
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Night Watchmen
Justice of Peace
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Early American Law Enforcement
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Followed the English Model
County Sheriff most prominent
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Many duties
Paid by a “fee system”
In larger cities
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Night Watchmen
Town Marshal
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The Birth of Modern Policing
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England, 1829
Sir Robert Peel  London Police force
of 1,000 officers
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“Bobbies”
Distinctive uniforms, military structure
Led by a “commissioner”
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Early American Police Departments
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Development of police agencies prompted by
mob violence.
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Fear of “underclass” by wealthy
Fear of urban street crime produced demands for
greater police protection.
First Police Department opened in Boston in
1838

First full time = New York City (1844)
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Early American Police Departments

Police were incompetent, disliked and
corrupt.
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Appointed by politicians
Enforcement for reigning political powers
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Bust strikes
Control the rising number of foreign
immigrants

Brutality common (“Delegated Vigilantism”)
17
20th Century American Policing
Major movements in policing:

Public concern about police corruption led
to reform efforts
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August Vollmer
Technological advancements
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telegraph boxes, motorcycles and police cars
Modern = radios, cell phones, computers, etc.
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Federal Law Enforcement
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Department of Justice
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U.S. Marshalls
FBI
DEA (Drug enforcement)
ATF (Alcohol, tobacco, and firearms)
DHS (Homeland security)
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USBP (Border Patrol)
Secret Service
ICE (Immigration and Customs enforcement)
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The FBI
The Mann Act  investigators to enforce
 Eventually, organized as FBI under Hoover
 Responsible for investigating all violations of
federal laws that are not covered by other
agencies

Bank Robberies
 Civil Rights Violations
 Many “white collar” crimes

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Between Federal and Municipal
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County Law Enforcement
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Sheriffs Office
Responsible for policing non-city areas
State Police
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Every state but Hawaii
Power/function depends upon strength of Sheriff
21
Metropolitan (city) police
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Large variation in size

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New York City = 36,000 officers
Average city = 50 or fewer officers
Police Departments are typically their own
political entity

BUT, chief is appointed by mayor
22
Functions of the Police
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Patrol
Investigation
Administration/Paper work
“Social Work” activities
23
Functions of the Police
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PATROL
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Since beginning, police have “patrolled a beat”
Purpose is to DETER crime
KC Preventative Patrol
Directed Patrols or Saturation Patrols
Investigation
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Proactive vs. Reactive
Effectiveness?
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Investigation
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Clearance Rate
Most Critical =
information at crime
scene
Bulk of time is spent on
reports
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Named Suspect
Unnamed Suspect
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The “Other” police functions
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Traffic Control
“Social Work Activities”
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Order maintenance, problem solving
James Q Wilson “Handling the Situation”
THE IRONY is that within police departments, the
social work function is often considered “bullshit
work”

Only 20% of police time involves “real police work”
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The Role of Police
What Should Police be Doing?

Traditional Legalistic Model
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Patrol and respond to calls
Viewed as “real police work”
New models since the 1980s
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“Community Oriented Policing”
Broken windows / order maintenance
Problem Oriented Policing
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Community Oriented Policing
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A policy implication of social disorganization
theory
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Focus on neighborhood and linking together
informal control with formal (police) control

Build cohesion, get to know people in neighborhood,
help citizens solve neighborhood problems
28
Implementing COP Programs
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Team Policing
Foot Patrols
Community “Sub-stations”
COP Officers Assigned to Neighborhoods
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Problem Oriented Policing
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Herman Goldstein coined this term.
Similar to C.O.P.  Police should “solve
problems” in a particular neighborhood.
Different = More aggressive
Crime Specific “Crackdowns,” Targeting Crime
“Hot spots”
 Focused Deterrence (“Don’t Shoot” stuff) fits with
this style

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Open air drug markets, gang violence
30
Order Maintenance/Broken Windows

Wilson and Kelling
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The “Broken Windows Thesis”
Implication of “broken windows for policing?”
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Order Maintenance
New York City  Times Square

Clear out panhandlers, squeegee men, prostitutes
31
Effectiveness of C.O.P. or Problem
Orientated Policing

Effectiveness Depends
Some C.O.P. programs have improved community
relations and reduced fear of crime.
 Some Problem Oriented Policing programs have
suppressed/reduced crime in certain locations.
 Order Maintenance crackdowns have strained
community-police relations in some areas
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Amadou Diallo shooting and other high-profile cases
32
Police and the Rule of Law
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Procedural Laws in Policing
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Miranda rights
Search and Seizure
Police Use of Force
33
Search and Seizure
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In order to search people, cars, or homes,
police generally need a warrant
Exceptions
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Incident to Arrest
“Stop and Frisk”
Automobile Search
Consent Search
“Plain View”
34
Police Use of Force
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Coercive Force is a Part of Policing
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How much force is necessary in a situation?
Most “use of force” is non-lethal
“Brutality” estimates vary
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RACIAL??
The use of Deadly Force
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Tennessee v. Garner (1985) “Fleeing Felon”
35
Police Discretion
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Police only arrest a small % of all
suspects…which ones?
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Legal Factors
“Extra-Legal” Factors
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Race?? (SR vs. NCVS), Victim may matter more
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DWB, the “war on drugs”
Van Mannen “The Asshole”
Situational
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neighborhood, complainant's preference, etc.
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