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American Criminal Justice System: Crim 101

The Criminal Justice system was put into place to deliver justice to those that have committed a crime. The Criminal Justice System the system of law enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal proceedings and punishment.

Justice System

Three main parts to the justice system include:

1. Law enforcement/Policing
2. Courts including all members of the courts
3. Corrections

All three of the parts of the justice system are trying to prevent further criminal acts.

Relationship:

All of the parts to the Criminal Justice System work together. Each part does something different but at the same time contributes to other parts of the system. Each have there own role in the criminals journey through the system. They also effect each other in many ways, the law enforcement has to catch the criminals if they do not then the courts or corrections would not be needed. If there were no courts to prosecute the criminals then we would not need law enforcement to catch them. Lastly, if there were no corrective programs then there would be no use in prosecuting criminals. All three of these parts are vital to our system but also just as vital to each other. If there are feuds between any of the parts it can cause serious problems. It is therefore very useful to think about criminal justice as a system, not only to stress the need for more overall planning, coordination, and structured discretion, but also to appreciate the complex ways in which different parts of the system interact with each other.

Law Enforcement/Policing

Law enforcement and policing cover a lot of different things. Anywhere from the thousands of different law enforcement jobs and responsibilities to the many different types of policing. Law enforcement includes two levels the local/state level and then the federal level. The criminal starts out at the local level and is arrested by a police officer where they are then taken to either a state or federal prison depending on the crime they chose to commit. Law enforcement have to police all criminal activity which includes racial profiling, zero tolerance policing, street stops, mosque surveillance, etc. Policing not only has limitations on what they can do when they are arresting someone but also when testifying in court. Police have to be careful on how they obtained certain evidence because if it is out of their limits then even if it is factual and helpful evidence it is thrown out.

There are three different types of agencies within law enforcement.

1. Local- police and sheriff departments
2. State- state and highway patrol
3. Federal- FBI and U.S. Secret Service

There are agencies whose mission is to provide a law enforcement function and there are also agencies who have a law enforcement department or component within a larger agency.

Mounted police

There are a few court cases that should be known that are relevant to law enforcement. All pertaining to different areas in a police officers job.

• Graham vs. Connor
• Tennessee vs. Garner
• Terry vs. Ohio
• Weeks vs. U.S.
• Carroll vs. United States

Evolution:

The way the United States has enforced the law has changed throughout the years. The basics were still there but new laws and other things have been added that have changed the way we do things. In the very beginning the federal level of law enforcement was not very prevalent, it was mostly just local policing and law enforcement. Collaborative ties among enforcement agents in local jurisdictions and across the federal bureaucracy made it possible for federal law enforcement to become more prevalent in everyday life than many who opposed the DOJ in the late 1870s had anticipated. The federal government soon started to branch out and became more widely know and practiced. By the end of the nineteenth century, this fragmented system set the stage on which the more significant later reforms in federal policing—such as the founding of the FBI—would play out. One problem that is more prominent than ever in the police environment is a problem with race. Race-based violence has generated substantial media attention, is a key political issue, and topic of public discourse. However, the mission is the same as the others': to enforce laws, maintain peace and order in the communities they serve, and provide their constituencies safety and security.

Courts

From the very beginning before the U.S. Constitution was even written courts were still used. The thirteen colonies all had their own courts based on the British common law. The media and also the public perception has heavily impacted the change of the courts over the years. The media has played a very big role in how the courts have changed just because of how different technology is used now and how accessible it is rather than decades ago. Two events that happened that formed the courts today was the Industrial Revolution and the Progressive Movement. At the federal level, the Children’s Bureau was created in 1912 and interest in delinquency continued to grow after WWII. In 1961, the Juvenile Delinquency and Youth Offenses Control Act was passed and major reforms were based on the results of a federal task force in 1976. The juvenile courts have changed the most over the years mostly because the way we use to base our thoughts for the juvenile delinquents were much different than they are now. Established by the United States Constitution, the Supreme Court began to take shape with the passage of the Judiciary Act of 1789 and has enjoyed a rich history since its first assembly in 1790. The Supreme Court is deeply tied to its traditions: Of the federal government’s three branches, the Court bears the closest resemblance to its original form – a 225 year old legacy.

Seal of the United States Supreme Court

The dual court system is still the same system used today meaning there are courts are both the national and state level. Each of the two levels contain three tiers trial courts, appellate courts, and the highest level the supreme court. One big difference between state and federal courts is the organization. State courts vary from state to state in structure, the number of courts, and even name and jurisdiction. Where as the federal courts are the same for everyone and is very clear-cut and to the point. Although the Supreme Court tends to draw the most public attention, it typically hears fewer than one hundred cases every year. In fact, the entire federal side—both trial and appellate—handles proportionately very few cases, with about 90 percent of all cases in the U.S. court system being heard at the state level. The several hundred thousand cases handled every year on the federal side pale in comparison to the several million handled by the states. Appellate courts and the trial process are very different. In an appeal, a long trial with many witnesses and boxes of evidence heard in painstaking detail by a trial judge will be condensed into a morning of argument focused laser-like on a single point of law. The main difference between these two is in an appeal court there is a panel of three to five where as in a trail court there is a single judge. Specialty Courts are problem-solving court sessions that provide court-supervised probation and mandated treatment. Specialty courts focus on substance use disorder (drug courts), mental health issues (mental health courts) and veterans’ issues (veterans Ptreatment courts).

In the courtroom during a trial there are multiple people in the room. If it is a civil case there is a civil plaintiff and civil defendant. In a criminal case there is a prosecuting attorney which is when the government is bringing a suit against someone accused of breaking the law, and then there is a criminal defendant and this is the person that is being accused. There can also be two different judges an Article III Judge or a Magistrate Judge depending on the type of case. During a trial there is also something called a peal bargain. Plea bargaining in tum helps to encourage this outcome, by encouraging a guilty party to accept responsibility for his crime in order to secure a benefit, such as a reduced sentence, in return for waiving his constitutional right to a jury trial. Plea bargaining is when a crime is committed and if you plead guilty then they will work a deal with the judge to lower your sentence, or change your sentence.

Corrections

There are many different forms of correctional institutions, it all depends on the crime you commit and the sentencing you receive. A correctional officers job varies including overseeing the confinement of inmates who are serving their sentences is their primary role, but their expanded responsibilities typically include the reform and rehabilitation of sentenced offenders, organizing educational opportunities, and offering counseling in preparation for reentry into society.

Howard Prison, Rhode Island 1900

There is two main correctional topics being incarceration and community supervision.

• Incarceration:

1. Jails- areas for suspected offenders who are awaiting trial or sentencing
2. Prisons- established for convicted felons, these institutions are maintained for both punishment and reform
3. Solitary Confinement- this involves placing inmates, who exhibit predatory behavior, in isolated cells that cut off communication with other people

• Community Supervision:

1. Parole- limited freedom requires them to satisfy requirements, as mandated by law, which include the maintenance of good behavior and their periodic reporting to supervising corrections officers or other prescribed persons of authority
2. Probation- sentenced offenders are not necessarily incarcerated, and the decision on this depends on the courts
3. Recidivism-relates to convicted felons' return to their criminal ways

The incarceration rate fluctuates every year in the US. For South Carolina the incarceration ratio for the year 1970 was 27.7 to every 100,000. Now in South Carolina the ratio is 227.2 per 100,000 people. I think this goes to show how differently the system is today, and either we catch more people now or since we have gone away from capital punishment if that is why there are so much more people in the jails and prisons.

Prisons have changed dramatically over the years. Before the 1950s, prison conditions were grim. Inmates were regularly caged and chained, often in places like cellars and closets. They were also often left naked and physical abuse was common. Mentally ill inmates were held in the general population with no treatments available to them. The creation of minimum and maximum sentences, as well as the implementation of “three strikes” laws were leading causes behind the incarceration of millions. Currently, prisons are overcrowded and underfunded. In 2008, 1 in 100 American adults were incarcerated. Estimates vary, but it can cost upwards of $30,000 per year to keep an inmate behind bars. The costs of healthcare for inmates, who often suffer mental health and addiction issues, grew at a rate of 10% per year according to a 2007 Pew study. Programs for the incarcerated are often non-existent or underfunded. Recidivism rates are through the roof, with one Bureau of Justice Statistics study finding that more than 75% of released inmates were arrested again within five years.