Criminal justice

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Criminal justice system flowchart
Criminal justice system flowchart

Criminal Justice refers to the system used by government to maintain social control, prevent crime, enforce laws, and administer justice. Law enforcement (police), courts, and corrections are the primary agencies charged with these responsibilities. When processing the accused through the criminal justice system, government must keep within the framework of laws that protect individual rights. The pursuit of criminal justice is, like all forms of "justice", "fairness" or "process", essentially the pursuit of an ideal.

Contents

[edit] History of criminal justice

Main article: History of criminal justice

The modern criminal justice system has evolved since ancient times, with new forms of punishment, added rights for offenders and victims, and policing reforms. These developments have reflected changing customs, political ideals, and economic conditions. In ancient times through the Middle Ages, exile was a common form of punishment. During the Middle Ages, payment to the victim (or their family), known as wergild, was another common punishment, including for violent crimes. For those who could not afford to buy their way out of punishment, harsh penalties included various forms of corporal punishment. These included mutilation, branding, and flogging, as well as execution.

Though a prison, Le Stinche, existed as early as the 14th century in Florence, Italy [1], incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated by William Penn, towards the end of the 17th century. For a time, Pennsylvania's criminal code was revised to forbid torture and other forms of cruel punishment, with jails and prisons replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group of Quakers, these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. John Howard undertook important studies of prisons during the 1770s in the United Kingdom,[2] and Patrick Colquhoun, Henry Fielding and others lead significant reforms during the late eighteenth and early nineteenth centuries.[3]

[edit] Modern police

The first modern police force was established in London in 1829, by Sir Robert Peel, with police departments established in Boston in 1838, and New York City in 1844. Early on, police were not respected by the community, as corruption was rampant.

In the 1920s, led by Berkeley, California police chief, August Vollmer and O.W. Wilson, police began to professionalize, adopt new technologies, and place emphasis on training and professional qualifications of new hires. Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. Following urban unrest in the 1960s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted community policing strategies.

In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and mapping crime patterns and trends, and holding police accountable for dealing with crime problems. CompStat has since been replicated in police departments across the United States and around the world, with problem-oriented policing and other information-led policing strategies also adopted.

[edit] Goals

In the United States, criminal justice policy has been guided by the 1967 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society." This report suggested over 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime. Some of those recommendations found their way into the Omnibus Crime Control and Safe Streets Act of 1968. The Commission advocated a "systems" approach to criminal justice, with improved coordination among law enforcement, courts, and correctional agencies.[4] The President's Commission defined the criminal justice system as the means for society to "enforce the standards of conduct necessary to protect individuals and the community".[5]

The criminal justice system in the United Kingdom aims to "reduce crime by bringing more offences to justice, and to raise public confidence that the system is fair and will deliver for the law-abiding citizen."[6]

In Canada, the criminal justice system aims to balance the goals of crime control and prevention, and justice (equity, fairness, protection of individual rights).[7]

In Sweden, the overarching goal for the criminal justice system is to reduce crime and increase the security of the people.[6]

[edit] Justice

One question which is presented by the idea of creating justice involves balancing the rights of victims and the rights of accused criminals, and how these individual rights are related to one another and to social control. It is generally argued that victim's and defendant's rights are inversely related, and individual rights, as a whole, are likewise viewed as inversely related to social control. Rights, of course, imply responsibilities or duties, and this in turn requires a great deal of consensus in the community regarding the appropriate definitions for many of these legal terms.

[edit] Crime control

Crime control involves going after criminal offenders, through arrest, prosecution, criminal conviction, and punishment.[8]

[edit] Theories

Criminal justice policy is influenced by philosophies held by politicians, which may be influenced by criminological theories and research, among other factors. Two important perspectives include the crime control model and the due process model.[9]

There are several other basic theories regarding criminal justice and its relation to individual rights and social control:

  • Restorative justice assumes that the victim or their heirs or neighbors can be in some way restored to a condition "just as good as" before the criminal incident. Substantially it builds on traditions in common law and tort law that requires all who commit crimes to be penalized. In recent time these penalties that restorative justice advocates have included community service, restitution, and alternatives to imprisonment that keep the offender active in the community, and re-socialize him into society. Some suggest that it is a weak way to punish criminals who must be deterred. These critics are often proponents of retributive justice.
  • Retributive justice or the "eye for an eye" approach assumes that the victim or their heirs or neighbors have the right to do to the offender what was done to the victim. These ideas fuel support for capital punishment for murder, amputation for theft (as in some versions of the sharia).
  • Psychiatric imprisonment treats crime nominally as illness, and assumes that it can be treated by psychotherapy, drugs, and other techniques associated with psychiatry and medicine, but in forcible confinement. It is more commonly associated with crime that does not appear to have animal emotion or human economic motives, nor even any clear benefit to the offender, but has idiosyncratic characteristics that make it hard for society to comprehend, thus hard to trust the individual if released into society.
  • Transformative justice does not assume that there is any reasonable comparison between the lives of victims nor offenders before and after the incident. It discourages such comparisons and measurements, and emphasizes the trust of the society in each member, including trust in the offender not to re-offend, and of the victim (or heirs) not to avenge.

In addition, there are models of criminal justice systems which try to explain how these institutions achieve justice:

  • The Consensus Model argues that the organizations of a criminal justice system do, or should, cooperate.
  • The Conflict Model assumes that the organizations of a criminal justice system do, or should, compete.

[edit] Criminal justice system

The criminal justice system consists of law enforcement (police), courts, and corrections. Criminal justice agencies operate within rule of law.

[edit] Law enforcement

While the police work towards crime prevention, they are also involved with crime control, and handle cases initially when crime occurs. The police will conduct a crime investigation, gather evidence, and identify suspect(s). The first contact the offender has with the criminal justice system is with the police who make the arrest. Probable cause is necessary for the police to make an arrest, and take the suspect into custody. The suspect undergoes booking, a process which may involve fingerprinting, taking mugshots, and interrogation. In addition to preventing and dealing with crimes that occur, police also provide public safety services, such as directing traffic, providing emergency medical services, and helping people in other ways.

[edit] Courts

Given sufficient evidence, the case will be handed over to the prosecutor who may then file a complaint. The case will then go before a grand jury in a preliminary hearing. If the grand jury finds probable cause, the suspect will be arraigned with formal charges filed, and bail set. Following the arraignment, plea bargaining may occur with the suspect pleading guilty in exchange for a more lenient sentence. Otherwise, the case will move forward to trial. If the defendant is found guilty, disposition is the next step with the sentencing determined. The case may then be appealed at higher courts.

[edit] Corrections

Offenders are then turned over to the correctional authorities. The offender may be sentenced to probation, incarceration in a prison or jail, community supervision, or some other form of sentencing. Although the term corrections is used, it is not widely representative of the model followed by the American justice system since the 1960s and the change from the Warren court. Critics have proclaimed that the current model is not about correcting behavior and achieving rehabilitation, but instead is a source of vindication for punishment towards offenders. They often cite the lack of institutionalized support of correctional programs within incarcerating sentences

[edit] Probation

Probation involves a contract between the offender and the court, that allows the offender to remain in the community under promises of good behavior and to adhere to conditions set forth by the court. There are several types of probation depending upon the severity of the crime, ranging from unsupervised probation that requires only monthly payments to supervised probation which allows for closer oversight by the probation officer. Those who are sentenced to supervised probation are considered to be more prone to continue in risky behaviors.

[edit] Alternative sanctions

Other possible sanctions, short of incarceration, include fines, forfeiture, restitution, and community corrections (e.g. residence in a halfway house).

[edit] Incarceration

Prisons are the primary type of institution for housing offenders, convicted of felonies. In the United States, prisons are operated by the state and Federal government.

Prisons are not synonymous with jails, which are detention facilities run by local jurisdictions, including county and municipal governments. Jails are used to detain suspects prior to trial, if they are ineligible or cannot afford bond. Jails also house offenders convicted of misdemeanors, with short sentences (usually, a year or less).

In the United States, separate facilities are used to house male and female offenders, as well as juvenile offenders. Prisons also have varying levels of security, ranging from minimum-security prisons that mainly house non-violent offenders, medium-security facilities, and maximum-security prisons for potentially dangerous inmates.

Upon serving the sentence or through parole, the offender is then released into the community.

[edit] Criticisms of the criminal justice system

In a Toronto Star report, the former Thunder Bay chief of police Leo Toneguzzi, once quoted as saying, "We know we are not perfect, we are always looking for improvements" speaking about the police force, added support to York Region police chief Julian Fantino, who was quoted as saying "It isn't fixed and it needs to be fixed" in reference to the criminal justice system's unfair practices to police officers relative to criminals. [10]

A former constable of the City of Thunder Bay police force commented that he had discovered that there was an implied two tiers of the justice system — one for the common folk and another for those persons of “prominence” who actually thought they were above the law, due to their position of power or stature within society, or social club.[11]

Time and situations change the level of integrity and justice within any legal system as it relates to the various players within the system and the community at large.

[edit] Capital punishment

Main article: Capital punishment

In some countries, sanctions beyond incarceration include execution. While many countries have severed their use of the death penalty, America has recently increased the rate at which those sentenced to the capital crimes are put to death. In some states, particularly Florida and Texas, recent laws have been passed to enable the amount of time individuals spend on death row to be reduced and to expedite the process. Critics of capital punishment often cite the ineffectual cost difference between life in prison and death as a reason for it's abolishment.

[edit] Criminal law and procedure

Two major branches of law include civil law and criminal law. Within criminal law, there is substantive criminal law which defines what is illegal and sets punishments for those offenses. Decisions as to what is illegal are made by legislatures, such as city council, parliament, or congress. Procedural criminal law is another component of criminal law.

[edit] Law enforcement

The criminal justice process begins when a crime is reported to the police, or in some instances the police may discover the crime through informants, proactive investigation, or other means. The police will follow up with an investigation, determining the legitimacy of the allegations, and establish that a crime has been committed. The next step is to identify a suspect, who may then be arrested and taken to the police station where they undergo booking. The booking process establishes an administrative record for the suspect. At this stage of the process, the suspect is placed in custody, and may be photographed, fingerprinted, placed in a lineup, and interrogated.

[edit] Prosecution

The police will then present the case to prosecutors, who decide whether or not to file formal charges in court. If charges are filed, the suspect then makes an initial appearance before a judge or magistrate who decides whether or not probable cause and sufficient evidence exists. At this stage, bail is set and pretrial release is considered. If the suspect is indigent (cannot afford an attorney), one will be provided for the defendant. Next step is a preliminary hearing.

[edit] Educational programs

Criminal justice is distinct from the field of criminology, which involves the study of crime as a social phenomena, causes of crime, criminal behavior, and other aspects of crime. Criminal justice emerged as an academic discipline in the 1920s, beginning with Berkeley police chief August Vollmer who established a criminal justice program at the University of California, Berkeley in 1916.[12] Vollmer's work was carried on by his student, O.W. Wilson, who led efforts to professionalize policing and reduce corruption. Other programs were established in the United States at Indiana University, Michigan State University, San Jose State University, and the University of Washington.[13] Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science. In the late 1960s, with the establishment of the Law Enforcement Assistance Agency (LEAA) and associated policy changes that resulted with the Omnibus Crime Control and Safe Streets Act of 1968. LEAA provided grants for criminology research, focusing on social aspects of crime. By the 1970s, there were 729 academic programs in criminology and criminal justice in the United States.[13]

[edit] See also

Main list: List of basic criminal justice topics

[edit] References

  1. ^ Wolfgang, Marvin (1990). "Crime and Punishment in Renaissance Florence". Journal of Criminal Law and Criminology 81: 567-84. 
  2. ^ Garland, David (2002). "Of Crimes and Criminals", in Maguire, Mike, Rod Morgan, Robert Reiner: The Oxford Handbook of Criminology, 3rd edition. Oxford University Press, p. 21. 
  3. ^ Garland, David (2002). "Of Crimes and Criminals", in Maguire, Mike, Rod Morgan, Robert Reiner: The Oxford Handbook of Criminology, 3rd edition. Oxford University Press, p. 20. 
  4. ^ Walker, Samuel (1992). "Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969". Justice Quarterly 9(1). 
  5. ^ President's Commission on Law Enforcement and Administration of Justice (1967). The Challenge of Crime in a Free Society. U.S. Government Printing Office. 
  6. ^ a b Criminal Justice - Aims and Objectives. Scottish Executive Consultations.
  7. ^ Schmolka, Vicki. Principles to Guide Criminal Law Reform. Department of Justice, Government of Canada.
  8. ^ Cole, George F., Christopher E. Smith (2005). Criminal Justice in America. Thomson. 
  9. ^ Packer, Herbert L. (1968). The Limits of the Criminal Sanction. Stanford University Press. 
  10. ^ [[http://www.walnet.org/jane_doe/news/toronto_99/torstar-990628.html Police Chief Blasts ISU, TORONTO STAR Monday, June 28, 1999]
  11. ^ [http://66.244.236.251/article_10330.php Ordeal over, I won’t forget By Andre Lichtenfeld, ex-Thunder Bay policeman Jan 8, 2007, Chronicle-Journal, Thunder Bay]
  12. ^ "Finest of the Finest", TIME Magazine, February 18, 1966.
  13. ^ a b Savelsberg, Joachim J., Lara L. Cleveland, Ryan D. King (June 2004). "Institutional Environments and Scholarly Work: American Criminology, 1951-1993". Social Forces 82(4): p1275-1302. 

[edit] Other references

  • Criminal Justice: Mainstream and Crosscurrents. John Randolph Fuller. 2005. Prentice Hall. Upper Saddle River, NJ.
  • Crime and Punishment in America. Volume 1. Richard C. Hanes and Sharon M. Hanes. 2005. Thomas Gale. Farmington Hills, MI
  • Popular Justice: A History of American Criminal Justice. Samuel Walker. 1980. Oxford University Press, Inc. New York, NY.
  • Crime and Punishment in American History. Lawrence M. Friedman. 1993. Basic Books. New York, NY.
  • The Emerging System of International Criminal Law: Developments in Codification and Implementation, Lyal S. Sunga. 1997. Kluwer Law International. The Hague, The Netherlands.

A Land Fit For Criminals: David Fraser. 2006. The Book Guild Publishers Ltd. ISBN 1-85776-964-3

[edit] External links

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