Criminal Justice System Criminal Justice System Police Most

Criminal Justice System

Criminal Justice System • Police – Most immediate control over who is arrested for a criminal act – Police discretion • The power held by police officers to decide who is actually arrested – Racial profiling • The practice of assuming that non-white Americans are more likely to commit crime than white Americans

• How do police decide to make an arrest? – The seriousness of the offense – Wishes of the victim are taken into consideration – The attitude of the suspect is considered – If bystanders are present, the police are more likely to make an arrest – Police are more likely to arrest (and use force against) African Americans

Criminal Justice System • Courts – After an arrest, responsibility goes to the part of the court system – There is a two-fold process in the courts • A court determines guilt or innocence of a person in a trial • In the case of a guilty verdict, the court assigns a punishment

– More than 90% of all criminal cases are settled through plea bargaining – Plea bargaining • Process of legal negotiation that allows an accused person to plead guilty to a lesser charge in return for a lighter sentence – Plea bargaining helps reduce large caseloads, save on expensive and timeconsuming jury trials

Criminal Justice System • Corrections – Are made up of 3 sanctions • Imprisonment • Parole • Probation – Corrections are used to punish criminals

– The 3 sanctions serve 4 basic functions • Retribution – The punishing of a criminal serves as an act of revenge for the victim and society • Deterrence – Is intended to discourage offenders from committing future crimes and to make the rest of society think twice before breaking laws

• Rehabilitation – During the 1800’s, prisons emerged as places in which to reform criminals so that they could return to society as law-abiding citizens • Social Protection – By limiting the freedom of offenders, society prevents them from committing additional crimes. – In the case of the death penalty, the threat of an offender committing future criminal acts is eliminated.

Criminal Justice System • Does the corrections system work? • There are indications that this system doesn’t work. • Recidivism – The term for repeated criminal behavior • 68% of released prisoners will be charged with new crimes • 52% will return to prison within 3 years

Characteristics of federal arrestees booked by the U. S. Marshals Service, October 1, 2008–September 30, 2009 Arrestee characteristic Number Percent All arrestees Sex Male Female Race* White Black/African American Indian/Alaska Native Asian/Native Hawaiian/Other Pacific Islander Age Under 19 years 19– 20 21– 30 31– 40 Over 40 Citizenship U. S. citizen Non-U. S. citizen Note: Details may not sum to the total number of arrestees due to missing data. *Hispanic or Latino origin not available. Source: U. S. Marshals Service Prisoner Tracking System file, fiscal year 2009. 183, 986 100% 159, 842 24, 142 86. 9% 13. 1 144, 929 32, 872 2, 291 79. 6% 18. 1 1. 3 1, 883 1. 0 3, 680 9, 034 64, 108 50, 168 37, 143 2. 2% 5. 5 39. 1 30. 6 22. 6 71, 412 84, 640 45. 8% 54. 2