The Dynamics of the Criminal Justice System

PolicePolice spent little time directly protecting societyStudies show that police directly protect society less than 1% of the timeAn officer's job is best described as "hour upon hour of boredom,interrupted by moments of sheer terror"Police have little direct impact on crimeStudies of increased police numbers show very little impact oncrime ratesTechniques such as "target hardening" (making an object lessattractive to a possible criminal) is more likely to have positiveeffects on crime rates than increased police numbers PolicePolice officers have the initial discretionDiscretion is the ability to make decisions on whether or not a crimehas occurredDiscretion is often used when they frequent "hot-spots""Hot spots" are areas regularly patrolled because police believethey will find criminal activity thereUsually these neighborhoods are poor areasThis kind of discretion perpetuates inequality in the systemRacial profiling (a type of discretion) occurs when police target certaingroups based on raceRacial profiling increases the odds that minority criminals will get caught andmakes it less likely that white criminals will be brought to justice CourtsThe court system consists of:ProsecutorsDefendantsJudges Courts -- prosecutorsThe prosecuting attorneyOfficial duty is to conduct criminal proceedings on behalf of thestate or the plaintiffsOften elected or works for an elected district attorneyIn the court system, no one has more discretion than theprosecuting attorneyAfter an arrest, the district attorney's office decides whatthe official charges areThey have power to accept plea bargainsOut-of-court agreements between prosecutor and defense attorney thatinvolve concessions by prosecution to obtain a guilty plea Courts -- defendantsDefense counselAttorneys hired or appointed by the court to provide legal defense forthe accusedThe right to a defense attorney is part of the suspect's Miranda rightsand guaranteed by the courtThere is great disparity among types of defense counselsPrivate attorneys who specialize in criminal law and provide goodresults are costlyPublic defenders who are paid to provide defense services toindigent people tend to have large caseloadsConviction rates, including plea bargains, are higher for publicdefenders versus private attorneysThe poor with public defenders are more likely to be convicted than the richwho can afford private attorneys Courts -- judgesThe judge's role is to ensure that proceedings are held inaccordance with the legal systemExercise discretion over what should and should not be admittedinto the caseMay have power over the outcome, depending on the state andsituation Criminal justice -- outlineModels of law creationPunishmentBranches of the criminal justice systemSentencingThe corrections systemSociological perspectives on criminal sentencingDeath penalty Sentencing - philosophiesSentencing philosophiesPhilosophy of retribution -- calls for punishment predicated uponthe need for revengePower of the state is used to punish offenderPhilosophy of just deserts -- criminal offenders deserve thepunishment they receive at the hands of the lawPunishments should be appropriate to the type and severity ofthe crime committed (see proportionality sentencing)Both philosophies contend that the primary goal of the criminaljustice system is to exert power over offenders and punish them fortheir crimesDiscussion: Which philosophy shapes the US criminaljustice system? SentencingProportionality sentencing principleStates that the severity of sanctions should bear a directrelationship to the seriousness of the crimeThe offender is given a fixed-term sentence that may be reducedbygood timeTime deducted from a prison sentence for good behaviorGain timeTime deducted for participation in special programs SentencingModels of sentencingIndeterminate sentencing -- model of criminal punishment thatallows the judge and corrections system discretion in the length ofthe sentenceStructured sentencing -- the legislative system of a state enactsconstraints on judicial discretion in regards to determining criminalsentences