The Criminal Justice System has
3 main components
• Law Enforcement (Police and other
agencies)
• Judicial System/Courts
• Corrections
– There are several different layers of jurisdiction
for each of the above that range from local to
federal. They can work together, but often
function independently and at times are at odds.
(ex. FBI and local police in an organized crime
case)
Police
• The police in general are responsible for the
protection and service of the communities that
they serve.
• They are guided and limited by the Constitution
(Amendment 4,) State and local laws and bylaws,
and their local department expectations.
• They are given a large amount of responsibility.
They are allowed to use escalating force. They
have a huge amount of discretionary power. They
are usually given a tremendous amount of
independence in their crime suppression,
investigation, and enforcement duties.
Police (Continued)
• A very small percentage of police time is spent
fighting crime.
• Police have numerous other responsibilities that
include: patrols, traffic control, first aid, general
safety issues, community relations, and many
others
• Police are trained locally and are responsible for
maintaining training throughout their careers.
• Police generally need to only have passed a civil
service exam, have a ged or diploma, and have
passed an academy training to get a job.
• It is often very competitive to get on a local force.
Prosecution of Crime
• Once the accused is arraigned, it is the
responsibility of a prosecutor to secure a
conviction. This usually goes through a district
attorney’s office.
• The burden of proof is on the prosecution to prove
guilt beyond a reasonable doubt. This is difficult,
so frequently a plea is reached to ensure that some
conviction is secured. A plea is good for the
prosecutor in that a conviction is secured, and
good for the defense as the sentence or charge is
usually reduced. Its good for the courts as well.
• The 5th and 6th Amendments play large roles in the
process
Role of judges
• A judge can issue necessary warrants, but
usually s/he first gets involved at the
arraignment.
• Judges are assigned cases and guide the
trials or plea agreements from the initial
charge to the sentencing or dismissal.
(although it isn’t always the same one
throughout)
• Some judges are elected, while others are
appointed. It depends on the
location/jurisdiction.
Sentencing
• A judge generally has a great amount of
flexibility in his/her sentencing decisions for
guilty offenders
• Past history is not supposed to impact trials,
but greatly influences sentencing
• Some sentencing possibilities include:
– Fines, community service, mandatory treatment
– Supervised probation, house arrest, electronic
monitoring
– Jail time – suspended or served
– Prison time – suspended or served
Sentencing (Continued)
• Although generally flexible, judges may
have some guidelines or limitations on their
sentences.
– State or federal limitations or requirements
– 8th Amendment Protections
• Some examples of their limitations or
guidelines include:
– Mandatory minimums or maximums, security
level limitations, juvenile limitations, and 3
strikes laws.
Sociology believes there are 4
general goals or motivations for
corrections/sentencing offenders
•
•
•
•
1.
2.
3.
4.
Deterrence
Social protection
Rehabilitation
Retribution