Criminal Justice System
Criminal Justice System - is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
Goals of Criminal Justice
Criminal Justice System consists of three main parts
Participants of Criminal Justice System
Community Policing - the system of allocating officers to particular areas so that they become familiar with the local inhabitants.
Early History of Punishment
1. Early Greece and Rome
a. most common state administered punishment
was banishment and exile.
b. economic punishment such as fins for such crime
as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century
a. blood feuds were the norm.
b. law and government not responsible for conflict.
3. Post 11th century feudal periods
a. fine system, punishment often consisted of
payment to feudal lord.
b. goals, public order and pacifying the injured.
c. corporal punishment for poor who can not pay.
a. urbanization and industrialization, use of torture
and mutilation showed and punishment began to
be more monetary based.
b. use of gallery slaves - ship-rowers.
c. shipped inmates to american colonies
5. 1700's - early 1800's
a. increase in prison population
b. gap between rich and poor widens
c. physicality of punishment increases
Goals of Punishment
1. General Deterrence - the state tries to convince
potential criminals that the punishment they face is
certain, swift, and severe so that they will be afraid
to commit an offense.
2. Specific Deterrence - convincing offenders that the
pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept
behind bars, they will not be able to repeat their
4. Retribution/Just Desert - punishment should be no
more or less than the offenders actions deserve, it
must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay
back their victims for their loss, the justice system
for the costs of processing their case and society
for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied,
an offender will present no further threat to society
7. Diversion - criminals are diverted into a community
correctional program for treatment to avoid stigma
of incarceration.The convicted offender might be
asked to make payments to the crime victim or
participate in a community based program that
8. Restorative Justice - repairs injuries suffered by
the victim and the community while insuring
reintegration of the offender.Turn the justice
system into a healing process rather than a
distributor of retribution and revenge.
3 Broad Categories of Crime
1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and
Sensational Crime - certain offenses are selected for their sensational nature and made into national issues.Much of what we know about crime comes from the media.
Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal violence and property crime.
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal principles.
Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law either alone or as part of a panel of judges.
Prosecutor - the person responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
Law - is a system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority and deliver justice.
Plaintiff - the person who brings a case against another in court of law.
Respondent - the defendant in a lawsuit.
Appellee - the respondent in a case appealed to a higher court.
Appellant - the party who appeals the decision of the lower court. A person who applies to a higher court for a reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to stand by that which is decided", general practice of adhering to previous decisions when it makes new one.
Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to refuse to answer questions from the police.They have the right to an attorney and if they can not afford an attorney, one will be provided for them at no charge.
Pro Bono - legal work done for free.
Writ - a form of written command in the name of the court or other legal authority to act or abstain from acting in some way.
Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial proceeding.
Summon - a legal document issued by a court or administrative agency of government authoritatively or urgently call on someone to be present.
Discretion - the use of personal decision making and choice in carrying out operations in the criminal justice system.
What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and economic life.
What is the medical model of punishment?
- a view of corrections holding that convicted offenders are victims of their environment or sick people who were suffering from some social malady that prevented them into valuable members of society.
What is the difference between Indeterminate sentence and Determinate sentence?
1. Indeterminate sentence
a. a term of incarceration with a stated minimum
and maximum length. ex. 3-10years
b. prisoner is eligible for parole after the minimum
sentenced has been served.
c. based on belief that sentences fit the criminal,
indeterminate sentences allow individualized
sentences and provide for sentencing flexibility.
d. judges can set a high minimum to override the
purpose of the indeterminate sentence.
2. Determinate sentence
a. a fixed term of incarceration ex. 3 years
b. these sentences are felt by many to be
restrictive for rehabilitative purposes.
c. offenders know exactly how much time they
have to serve.
Various Factors Shaping Length of Prison Terms
1. Legal Factors
a. the severity of the offense
b. the offenders prior criminal record
c. whether the offender used violence
d. whether the offender used weapons
e. whether the crime was committed for money
2. Extra Legal Factors
a. social class
d. victim characteristics
What are the institutions of socialization?
Family - is the primary institution of socialization in society.