The Dynamics of the Criminal Justice System

Police Police spent little time directly protecting society Studies show that police directly protect society less than 1% of the time An officer's job is best described as "hour upon hour of boredom, interrupted by moments of sheer terror" Police have little direct impact on crime Studies of increased police numbers show very little impact on crime rates Techniques such as "target hardening" (making an object less attractive to a possible criminal) is more likely to have positive effects on crime rates than increased police numbers

Police Police officers have the initial discretion Discretion is the ability to make decisions on whether or not a crime has occurred Discretion is often used when they frequent "hot-spots" "Hot spots" are areas regularly patrolled because police believe they will find criminal activity there Usually these neighborhoods are poor areas This kind of discretion perpetuates inequality in the system Racial profiling (a type of discretion) occurs when police target certain groups based on race Racial profiling increases the odds that minority criminals will get caught and makes it less likely that white criminals will be brought to justice

Courts The court system consists of: Prosecutors Defendants Judges

Courts -- prosecutors The prosecuting attorney Official duty is to conduct criminal proceedings on behalf of the state or the plaintiffs Often elected or works for an elected district attorney In the court system, no one has more discretion than the prosecuting attorney After an arrest, the district attorney's office decides what the official charges are They have power to accept plea bargains Out-of-court agreements between prosecutor and defense attorney that involve concessions by prosecution to obtain a guilty plea

Courts -- defendants Defense counsel Attorneys hired or appointed by the court to provide legal defense for the accused The right to a defense attorney is part of the suspect's Miranda rights and guaranteed by the court There is great disparity among types of defense counsels Private attorneys who specialize in criminal law and provide good results are costly Public defenders who are paid to provide defense services to indigent people tend to have large caseloads Conviction rates, including plea bargains, are higher for public defenders versus private attorneys The poor with public defenders are more likely to be convicted than the rich who can afford private attorneys

Courts -- judges The judge's role is to ensure that proceedings are held in accordance with the legal system Exercise discretion over what should and should not be admitted into the case May have power over the outcome, depending on the state and situation

Criminal justice -- outline Models of law creation Punishment Branches of the criminal justice system Sentencing The corrections system Sociological perspectives on criminal sentencing Death penalty

Sentencing - philosophies Sentencing philosophies Philosophy of retribution -- calls for punishment predicated upon the need for revenge Power of the state is used to punish offender Philosophy of just deserts -- criminal offenders deserve the punishment they receive at the hands of the law Punishments should be appropriate to the type and severity of the crime committed (see proportionality sentencing) Both philosophies contend that the primary goal of the criminal justice system is to exert power over offenders and punish them for their crimes Discussion: Which philosophy shapes the US criminal justice system?

Sentencing Proportionality sentencing principle States that the severity of sanctions should bear a direct relationship to the seriousness of the crime The offender is given a fixed-term sentence that may be reduced by good time Time deducted from a prison sentence for good behavior Gain time Time deducted for participation in special programs

Sentencing Models of sentencing Indeterminate sentencing -- model of criminal punishment that allows the judge and corrections system discretion in the length of the sentence Structured sentencing -- the legislative system of a state enacts constraints on judicial discretion in regards to determining criminal sentences