United States criminal justice system flowchart.
Criminal justice is the delivery of justice to those who have committed crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation
of offenders, preventing other crimes, and moral support for victims.
The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons.
Law
The Law From Old English lagu (something laid down or fixed) (Harper, Douglas. "law". Online Etymology Dictionary.); legal comes from Latin legalis, from lex "law," "statute" (Harper, Douglas. "legal". Online Etymology Dictionary.)
is a system of rules usually enforced through a set of institutions.
The purpose of law is to provide an objective set of rules for governing
conduct and maintaining order in a society.
The oldest known codified law is the Code of Hammurabi, dating back to about 1754 BC. The preface directly credits the laws to the Code of Hammurabi of Ur. In different parts of the world, law could be established by philosophers or religion.
In the modern world, laws are typically created and enforced by
governments. These codified laws may coexist with or contradict other
forms of social control, such as religious proscriptions, professional
rules and ethics, or the cultural mores and customs of a society.
Within the realm of codified law, there are generally two forms of law that the courts are concerned with. Civil laws are rules and regulations which govern transactions and grievances between individual citizens. Criminal law
is concerned with actions which are dangerous or harmful to society as a
whole, in which prosecution is pursued not by an individual but rather
by the state. The purpose of criminal law is to provide the specific
definition of what constitutes a crime and to prescribe punishments for
committing such a crime. No criminal law can be valid unless it includes
both of these factors. The subject of criminal justice is, of course,
primarily concerned with the enforcement of criminal law.
Criminal-justice system
Definition
The criminal-justice system consists of three main parts:
- Law enforcement agencies, usually the police
- Courts and accompanying prosecution and defence lawyers
- Agencies for detaining and supervising offenders, such as prisons and probation agencies.
In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society.
This image shows the procedure in the criminal justice system
Law enforcement
The first contact a defendant has with the criminal justice system is usually with the police (or law enforcement) who investigates the suspected wrongdoing and makes an arrest, but if the suspect is dangerous to the whole nation, a national level law enforcement agency
is called in. When warranted, law enforcement agencies or police
officers are empowered to use force and other forms of legal coercion
and means to effect public and social order. The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. The word comes from the Latin politia ("civil administration"), which itself derives from the Ancient Greek πόλις, for polis ("city"). The first police force comparable to the present-day police was established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of the Marine Police in London, the Glasgow Police, and the Napoleonic police of Paris.
Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction. Formed in 1908, the Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and "law enforcement agency" in the United States; this, however, has constituted only a small portion of overall policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with order maintenance and the provision of services.
During modern times, such endeavors contribute toward fulfilling a
shared mission among law enforcement organizations with respect to the
traditional policing mission of deterring crime and maintaining societal
order.
Courts
A trial at the Old Bailey in London, c. 1808
The courts serve as the venue where disputes are then settled and
justice is administered. With regard to criminal justice, there are a
number of critical people in any court setting. These critical people
are referred to as the courtroom work group and include both
professional and non professional individuals. These include the judge, prosecutor, and the defense attorney.
The judge, or magistrate, is a person, elected or appointed, who is
knowledgeable in the law, and whose function is to objectively
administer the legal proceedings and offer a final decision to dispose
of a case.
In the U.S. and in a growing number of nations, guilt
or innocence (although in the U.S. a jury can never find a defendant
"innocent" but rather "not guilty") is decided through the adversarial system. In this system, two parties will both offer their version of events and argue
their case before the court (sometimes before a judge or panel of
judges, sometimes before a jury). The case should be decided in favor of
the party who offers the most sound and compelling arguments based on
the law as applied to the facts of the case.
The prosecutor, or district attorney, is a lawyer
who brings charges against a person, persons or corporate entity. It is
the prosecutor's duty to explain to the court what crime was committed
and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff
or plaintiff's counsel. Although both serve the function of bringing a
complaint before the court, the prosecutor is a servant of the state who
makes accusations on behalf of the state in criminal proceedings, while
the plaintiff is the complaining party in civil proceedings.
A defense attorney counsels the accused on the legal process,
likely outcomes for the accused and suggests strategies. The accused,
not the lawyer, has the right to make final decisions regarding a number
of fundamental points, including whether to testify, and to accept a
plea offer or demand a jury trial in appropriate cases. It is the
defense attorney's duty to represent the interests of the client, raise
procedural and evidentiary issues, and hold the prosecution to its
burden of proving guilt beyond a reasonable doubt. Defense counsel may
challenge evidence presented by the prosecution or present exculpatory
evidence and argue on behalf of their client. At trial, the defense
attorney may attempt to offer a rebuttal to the prosecutor's accusations.
In the U.S., an accused person is entitled to a government-paid
defense attorney if he or she is in jeopardy of losing his or her life
and/or liberty. Those who cannot afford a private attorney may be
provided one by the state. Historically, however, the right to a defense
attorney has not always been universal. For example, in Tudor England criminals accused of treason
were not permitted to offer arguments in their defense. In many
jurisdictions, there is no right to an appointed attorney, if the
accused is not in jeopardy of losing his or her liberty.
The final determination of guilt or innocence is typically made
by a third party, who is supposed to be disinterested. This function may
be performed by a judge, a panel of judges, or a jury
panel composed of unbiased citizens. This process varies depending on
the laws of the specific jurisdiction. In some places the panel (be it
judges or a jury) is required to issue a unanimous decision, while in
others only a majority vote
is required. In America, this process depends on the state, level of
court, and even agreements between the prosecuting and defending
parties. Some nations do not use juries at all, or rely on theological
or military authorities to issue verdicts.
Some cases can be disposed of without the need for a trial. In
fact, the vast majority are. If the accused confesses his or her guilt, a
shorter process may be employed and a judgment may be rendered more
quickly. Some nations, such as America, allow plea bargaining in which the accused pleads guilty, nolo contendere
or not guilty, and may accept a diversion program or reduced
punishment, where the prosecution's case is weak or in exchange for the
cooperation of the accused against other people. This reduced sentence
is sometimes a reward for sparing the state the expense of a formal
trial. Many nations do not permit the use of plea bargaining, believing
that it coerces innocent people to plead guilty in an attempt to avoid a
harsh punishment. The courts nowadays are seeking alternative measures
as opposed to throwing someone into prison right away.
The entire trial process, whatever the country, is fraught with problems and subject to criticism. Bias and discrimination form an ever-present threat to an objective decision. Any prejudice
on the part of the lawyers, the judge, or jury members threatens to
destroy the court's credibility. Some people argue that the often
Byzantine rules governing courtroom conduct and processes restrict a
layman's ability to participate, essentially reducing the legal process
to a battle between the lawyers. In this case, the criticism is that the
decision is based less on sound justice and more on the lawyer's
eloquence and charisma.
This is a particular problem when the lawyer performs in a substandard
manner. The jury process is another area of frequent criticism, as there
are few mechanisms to guard against poor judgment or incompetence on
the part of the layman jurors. Judges themselves are very subject to
bias subject to things as ordinary as the length of time since their
last break.
Manipulations of the court system by defense and prosecution
attorneys, law enforcement as well as the defendants have occurred and
there have been cases where justice was denied.
Corrections and rehabilitation
The Huntsville Unit of the Texas Department of Criminal Justice in Huntsville, Texas is a prison, a component of a corrections system
Offenders are then turned over to the correctional authorities, from
the court system after the accused has been found guilty. Like all
other aspects of criminal justice, the administration of punishment
has taken many different forms throughout history. Early on, when
civilizations lacked the resources necessary to construct and maintain
prisons, exile and execution were the primary forms of punishment. Historically shame punishments and exile have also been used as forms of censure.
The most publicly visible form of punishment in the modern era is the prison.
Prisons may serve as detention centers for prisoners after trial. For
containment of the accused, jails are used. Early prisons were used
primarily to sequester criminals and little thought was given to living
conditions within their walls. In America, the Quaker
movement is commonly credited with establishing the idea that prisons
should be used to reform criminals. This can also be seen as a critical
moment in the debate regarding the purpose of punishment.
Punishment (in the form of prison time) may serve a variety of
purposes. First, and most obviously, the incarceration of criminals
removes them from the general population and inhibits their ability to
perpetrate further crimes. A new goal of prison punishments is to offer
criminals a chance to be rehabilitated. Many modern prisons offer
schooling or job training to prisoners as a chance to learn a vocation
and thereby earn a legitimate living when they are returned to society.
Religious institutions also have a presence in many prisons, with the
goal of teaching ethics and instilling a sense of morality in the
prisoners. If a prisoner is released before his time is served, he is
released as a parole. This means that they are released, but the
restrictions are greater than that of someone on probation.
There are numerous other forms of punishment which are commonly used in conjunction with or in place of prison terms. Monetary fines
are one of the oldest forms of punishment still used today. These
fines may be paid to the state or to the victims as a form of
reparation. Probation and house arrest
are also sanctions which seek to limit a person's mobility and his or
her opportunities to commit crimes without actually placing them in a
prison setting. Furthermore, many jurisdictions may require some form of
public or community service as a form of reparations for lesser
offenses. In Corrections, the Department ensures court-ordered,
pre-sentence chemical dependency assessments, related Drug Offender
Sentencing Alternative specific examinations and treatment will occur
for offenders sentenced to Drug Offender Sentencing Alternative in
compliance with RCW 9.94A.660.
Execution or capital punishment
is still used around the world. Its use is one of the most heavily
debated aspects of the criminal justice system. Some societies are
willing to use executions as a form of political control, or for
relatively minor misdeeds. Other societies reserve execution for only
the most sinister and brutal offenses. Others still have discontinued
the practice entirely, accepting the use of execution to be excessively
cruel and/or irreversible in case of an erroneous conviction.
Academic discipline
The functional study of criminal justice is distinct from criminology,
which involves the study of crime as a social phenomenon, causes of
crime, criminal behavior, and other aspects of crime. It 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. 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. As of 1950, criminal justice students were estimated to number less than 1,000. Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science.
Throughout the 1960s and 1970s, crime rates soared and social
issues took center stage in the public eye. A number of new laws and
studies focused federal resources on researching new approaches to crime
control. The Warren Court (the Supreme Court under Chief Justice Earl Warren),
issued a series of rulings which redefined citizen's rights and
substantially altered the powers and responsibilities of police and the
courts. The Civil Rights Era offered significant legal and ethical
challenges to the status quo.
In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with the Omnibus Crime Control and Safe Streets Act of 1968. The 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. Largely thanks to the Law Enforcement Education Program, criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to include criminology, sociology, and psychology,
among others, to provide a more comprehensive view of the criminal
justice system and the root causes of crime. Criminal justice studies
now combine the practical and technical policing skills with a study of
social deviance as a whole.
Criminal justice degree programs at four-year institutions
typically include coursework in statistics, methods of research,
criminal justice, policing, U.S court systems, criminal courts,
corrections, community corrections, criminal procedure, criminal law,
victimology, juvenile justice, and a variety of special topics. A number
of universities offer a Bachelor of Criminal Justice.
History
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 the victim's 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, 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. Patrick Colquhoun, Henry Fielding and others led significant reforms during the late eighteenth and early nineteenth centuries.
The first official criminal justice system was created by the British during the American Revolution,
as they created the system to primarily justify hangings to the
citizens of their government. In each selected area or/and district
there was a magistrate that in today's time would be known as a judge.
These individuals were in charge of determining if the Crown or also
known as the British government had enough evidence to hang an
individual for a crime. The British would not always hang an individual
for committing a crime, there would also be trials for punishments that
would be carried out by cleaning ships, prison ships, or be locked up on
British mainland. During the American revolution the primary type of
punishment was to be hanged or sent to prison ships such as the
notorious HMS Jersey. After the American revolution the British-based
criminal justice system was then adopted by other developing nations
(Such as the United States).
Modern police
The first modern police force is commonly said to be the Metropolitan Police in London, established in 1829 by Sir Robert Peel. Based on the Peelian principles, it promoted the preventive role of police as a deterrent to urban crime and disorder. In the United States, police departments were first 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, intelligence-led policing, and other information-led policing strategies also adopted.
