Criminal Justice System - Mr. Farshtey

Criminal JusticeSystem Part I: Models of CriminalJustice Part II: Evaluating theSystem1

Part I: Models of CriminalJusticeC o m p o n e n ts o fC r im in a l J u s tic eThe Criminal Justice SystemPoliceCourtsCorrections2C h a p te r 1 5 - 1

Systems Model of Criminal Justice System4

Figure 1.8 the Criminal Justice“Wedding Cake”5

I. Celebrated Cases Rare cases that involve the full criminal justiceprocess (usually victim or offender is rich orfamous). Enormous publicity Impact citizens perceptions of crime and criminaljustice system. Justice personnel take on cases to gain status andrecognition.6

II. Serious Felonies Felonies (often vicious incidents ofviolence) where the victim does not knowthe offender. Usually committed by individuals with ahistory of violent crime. Everyone in the system sees these cases asserious and worthy of the attention of theentire criminal justice system.8

III. Less Serious Felonies Generally small time felonies committed by firsttime offenders. Felonies that involve people who know each othersuch as relatives or married couples. May be dealt with by dismissal, a plea bargain,reduction in charges, probation, or restitution.(e.g., when OJ was beating his wife Nicole Brown,it was treated as a less serious felony because theywere married and because OJ didn't have a historyof violent convictions)9

IV. Misdemeanors Petty crimes including, disorderly conduct, publicintoxication, shoplifting, minor assault. Millions of these cases are handled by the lowercriminal courts in "assembly-line" fashion eachyear. Typical penalty is a small fine; few cases receiveany jail time The experience of having to attend court isgenerally punishment enough. ALTHOUGHVARIES BY COURTS10

Hard or Soft on Crime? The system is both harsh and lenient Hard on second-layer serious felonies andsoft on third-layer less serious felonies. Must be careful with aggregate data becauserelatively few cases are celebrity andserious.11

Part II. Evaluating the System Does the criminal justice system go easy on“criminals”? If not, what types of criminal behaviorreceives the strongest punishments?12

The Criminal Justice System: Size andExpense55,000 different public agenciesz 100 billion annual budgetz 1.8 million employeesz 20,000 police agenciesz 17,000 courtsz THERE IS DIVERSITY IN HOWTHESE SYSTEMS FUNCTIONz13

Crim inal Justice FunnelOf 1,000crim es that arecom m ittedOnly5 juveniles and18 adults areincarceratedChapter 15 - 815

The Funnel 2,780,000 index crimesreported, 727,000arrested, 177,000 formalfelony complaints,160,000 sentenced,63,000 to prison. (1% of all criminals go 0,000500,0000REPORTED ARRESTEDPROCESS SENTENCE16PRISON

Soft on Crime?Why out of 727,000 arrests are only 177,000 processedby system? 260,000 are juveniles (35%). Thus, 467,000 adultsremain. 128,000 of 467,000 (27%) are dismissed. Thus, 73%prosecuted. 90% of processed felonies are sentenced.17

Figure 1.6 The Criminal Justice Funnel18

Figure 1.7 Burglary: The Chance ofPunishment19

Courtroom Work Group andLegal Reform Prosecutors, defense attorneys, judges, andsome police work together day in and day out. As a result of social interaction, theseindividuals create informal rules (institutions)about how to deal with different types ofcases. (e.g., “heavy” vs. “garbage” cases).20

Legal Reform Legal reform can be inhibited by theinformal institutions of the courtroom workgroup. New laws are passed, but the workgroupignores them and follows their own system.(e.g., three-strikes laws).21

How Many Mistakes? CJ officials surveyed believe that about 1%of cases lead to wrongful convictions. 1981: 5,729 convictions 1900-present: 343 people convicted ofcapital punishment; 25 killed and the othersgot up to 25 years in prison.22

Conservative PositionLiberal PositionHow much of an effect do partsof the criminal justice systemhave on crime rates (burglaryand robbery)?25

Conservative PositionThe system is “easy” oncriminals. In other words,individuals who violatelaws do not experiencecriminal sanctions such asprison, jail, or fines.26

Can Different Policing PracticesReduce Crime?1.) Police/population ratio: will more policeper capita reduce crime? Are crackdownson “hot spots” effective?2.) Increase number of detectives3.) Eliminate the “Technicalities”27

Police/population ratiosCityWash. D.C.Officers per 1,000citizens7Newark, N.J.4Detroit3.8Los Angeles2.2San Diego1.7San Jose1.628

It depends on what police do! More police does not always mean moreenforcement. Police may not actually be on patrol at peak crimehours, or they may not make arrests and be visible. More police and more money for police may notresult in more “policing.”29

Why Patrol Has Limited Impact Patrols are spread very thin—patrol cars passdifferent points only once a week or so. Many crimes occur indoors, involveacquaintances, and occur in the “heat of passion.” Many criminals underestimate possibility of beingcaught, and some are simply fatalistic.31

Crackdowns and “Hot spots” Crackdowns—short bursts of police activities—are often crude and unsophisticated. Oftenpurpose is to arrest a lot of suspected criminals(then release them) to satisfy the public. Hot spots: Some areas majority of victimizationsoccurs in small geographic area. Evidence formodest deterrence effect from increased patrols inthese areas.32

Eliminate the “Technicalities” Conservatives believe the courts have“handcuffed” the police with procedural rules thatlimit their power. Exclusionary rule: evidence obtained in illegalsearchers and seizures is inadmissible in court. Miranda warning: “You have the right to remainsilent .”34

Exclusionary Rule and CrimeFighting Due process accounts for very few rejections anddismissals (about 27% dismissed). Cases solved more by information from witnessesthan from physical evidence (physical evidencemore important for drugs/weapons possession andgambling cases). Few defendants use rule (5%) and successful inless than 1% of cases.35

Miranda Warning Important to look not at only convictionsoverturned, but at number of confessions policeget. Confession rate declined, but net effect wasonly 3.8% loss in convictions. Most suspects (60-80%) feel guilty and confess topolice (although “prisoner’s dilemma tacticsused).36

Part II. Incarceration: GettingCriminals off the Street The main conservative control strategy is toget criminals off the street by locking themup. All “lock ‘em up strategies” seek to limitdiscretion of judges. “Bleeding heart”judges are simply too lenient with convictedoffenders.37

Bail Reform Civil rights activists in the 1960-70s pushed forreforming bail laws that discriminated against thepoor. Defendants released on recognizance if evidenceof job, family, or community ties (discriminationof unemployed people continued). Rise in crime rates coincided with bail reform,thus conservative sought new policies.39

Selective Incapacitation Lock up only the few high rate or careercriminals. Attention from CJ system. Claims thatselective incapacitation can reduce crimebetween 30-80%.41

Gross Incapacitation Gross incapacitation has been adopted.Goal is to simply put lots of people inprison. Reason why prison rates tripled between1980 and 1995.43

Three Strikes Laws A popular form of mandatory sentencing law.Goal is to mandate prison for third offenceregardless of judges’ preferences. Used in many states, but with varying degree ofseverity. Universally condemned by criminologists.“Vengeance as Public Policy.”48

Part III: Loopholes Celebrity cases have made people believe insanitydefense is often used. In reality less than 1% of allcases and usually not successful. Plea bargaining: hated by both liberals andconservatives. However, a “market” for thecourtroom work group that leads to predictableoutcomes (serious felony cases treated severely).51

Part IV. Liberal PositionReduce crime by treating criminals and“correcting” their behavior.Goal is planned intervention to reduce individuals’criminal behavior sooner than they would withoutstate intervention.We have departments of corrections, but notdepartments of punishment.52

Reintegrate with Furloughs Furlough: classicrehabilitation program withgoal to reintegrate prisonerinto community. Few “fail” on furloughs.Florida: 31/96,745Illinois: 0/13,785Conn. 29/3,398Bush and Dukakisdramatized the Willie Hortoncase in the 1988 presidentialelection53

Are there any rehabilitationprograms (correctionalintervention) that are effective,and thus will help reduce crimerates?1.) Diversion2.) Probation3.) New intermediate punishments4.) Parole5.) Reintegration and restorative justice55

1.) Diversion 1.) Avoid labeling offenders committing lessserious crimes and protect juveniles. 2.) Provide social services (drug/employmentcounseling). 3.) Reduce costs of imprisonment.Consequences: a.) Net-widening (more peoplebrought under some form of social control), b.)treatment is unspecific and often ineffective.56

2.) Probation Most widely used rehabilitation program. By end of 1994, 2.9 million adults on probation. About 25% of convicted felons get “straightprobation”. Goal: Keep person out of prison, but monitor themand give them treatment such as drug/alcoholcounseling and job help.57

Percentage of Serious Felons ReceivingProbation-Only SentencesIs Probation Effective?Failure rates vary from 12 to 65%.Estimated that 8% of crime committed byprobationersProbation effective if offender is socially “embedded”in positive networks ?59

3.) New IntermediatePunishments A number of programs often used together in anattempt to improve effectiveness of probation. Generally more intensive supervision andtreatment. Evaluations suggest ineffective and not trulyrehabilitative.60

Intensive ProbationSupervision Rely on great degree of clientcontact by probation officer(smaller case loads). Many systems use very specificconditions, e.g. mandatory curfew,employment, drug testing,community service, etc. Effectiveness varies61

House Arrest Offender required tospend extended periodsof time in one’s ownhome as an alternativeto incarceration Little standardizationthroughout U.S. in howhouse arrest isadministered62

Electronic Monitoring Often used to ensurecompliance with housearrest Similar recidivism totraditional systems Prison overcrowding isreduced Issues of privacy andliberty63

Boot Camps:- Military style- Mixed success- Aggressive andcounterproductive ?64

4.) Parole Second most prevalent rehabilitationprogram Most prisoners released early on some formof supervision. Goal: reintegrate offender into community65

Restorative Justice Victim/offender mediation and restoration. Limited usefulness for serious crimes Strong informal social controls required(e.g., community enforcement of rules).67

Figure 1.8 the Criminal Justice "Wedding Cake" 6 I. Celebrated Cases Rare cases that involve the full criminal justice process (usually victim or offender is rich or famous). Enormous publicity Impact citizens perceptions of crime and criminal justice system.