Criminal Justice system
The organization, structure, function, process and decisions of agencies set up to deal with the management of crime and persons accused of violating criminal law
system
a complex whole made up of interdependent parts whose actions are directed toward goals and influenced by the environment in which they function
characteristics of Criminal Justice System
Discretion, resource dependant, sequential tasks, filtering
Goals of the Criminal Justice System
Prevent crime, Control crime, Do justice
Purpose of criminal justice system
Social Control
Challenge of Criminal Justice System
Social Control in a free society, we desire safety and demand freedom, protect the community and preserve individual rights
Social Control
(purpose of crim. jus. sys.) Actions and Practices of individuals and institutions, designed to induce conformity with the rules and norms of society
Punishment
A response to behavior. Negative impact imposed on those who break laws and regualtions
Sentence
A degree of punishment, the link between the crim jus sys,, courts and corrections. "Penalty imposed by the court on a person convicted for crime." (Formal)
3 P's (Traditonal Sanctions)
Probation: Community
Prisons: Institutional corrctions
Parole: Community
Sentencing Process
Pre Sentencing Report: "prepared by a probation officer, helps judge slect an appropriate sentence"
Victim's Statement: Descriptions in PSI's of the costs of the crime for the victim, including emotional and financial losses
Sentencing Guidelines: An inst
Corrections
the Variety of programs, services, facilities and organizations, responsible for the management of individuals who have been accused or convicted of criminal offenses. It is complex and composed of both large and small organizations, administered various
Diff types of Facilities and Programs, divided in two generic categories
Institutional: Incarcerated in jail or prison
Community: Supervised in community instead of jail/prison
Traditional Sanction Options
Intermediate Sanctions: A variety of punishments that ate more restrictive than traditional probation but less severe and costly than incarceration
Continuum of Sanctions: A range of punishments that vary in intrusiveness and control that create alternati
Secular Law
The law of the civil society as distinguished from church law
mid ages
Church was the dominant social institution
Age of Enlightenment (Reason)
(1800's) During this time era, philosophers and scientists started questioning the traditional sanctions.
What? Why? How?
Alternatives to punishment began to shape out (less barbaric)
understanding of nature and man
Relationship between the gov't and citizens
Philosophical Justifications for punishment
Retribution and utility or utilitarian
Retribution
Punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized.
the severity of the sanction should fit the crime
Utilartarianism
The doctrine that the aim of all action should be the greatest possible balance of pleasure over pain. Hence, the belief that a punishment inflicted on an offender must achieve enough hood to outweigh the pain inflicted.
Classical
Control crime by fear of punishment
Positivist
Focuses on the person, not the act of crime.
"An approach to criminology and other social sciences based on the assumption that human behavior is a product of biological, economic, psychological and social factors; and that the scientific method can be ap
Deterrence
To prevent or discourage one from acting in a certain manor by installing fear
General Deterrence
Punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses by others
Specific Deterrence
Punishment inflicted on criminals to discourage them from committing future crimes
Wines, Brockway & other leaders of refomatory movement
Ideal's were not realized. They made other contributions: Intermediate sentence, inmate classification, rehabilitative programs and parole
Individual Treatment
Progressive Programs: Conscience & convenience. Promoted by philanthropic mean & women. They sought out to understand
Medical Model
Model of corrections based on assumtions that criminal behavior is caused by social psychological, or biological deficincies that require treatment.
Community Model
Model of corrections based on the assumption that reintegrating the offender into the community should be the goal of the criminal justice system
Control Model
model of corrections with greater use of incarceration and other forms of strict supervision
Criminal Sanctions in the U.S. have 4 goals
Retribution
Deterrence
Incapacitation
Rehabilitation
Restorative Justice
Punishment designed to repair the damage done to the victim and community by an offender's criminal act (restitution)
Determinate Sentence
A fixed period of incarceration imposed by a court; it is associated with the concept of retribution or deserved punishment
Inderterminate Sentence
A period of incareceration with minimum and maximum terms stipulated so that parole eligibility depends on the time necessary for treatment, closely associated with the rehabilitation concept.
9 Diff. types of Offenders
1.) Situational Offender
2.) Career Criminal
3.) Sex Offender
4.) Substance Abuser
5.) Mentally Ill Offender
6.) Mentally Handicapped Offender
7.) Offender with HIV
8.) Elderly Offenders
9.) Long Term Offenders
Classification System
Specific sets of objective criteria, such as offense history, previous experiences in the justice system, and substance abuse patterns applied to all inmates to determine am appropriate classification
3 Diff. (general) kinds of criteria used to classify offenders
1.) Offense: Seriousness of Crime Committed
2.) Risk; The probability of repeat offenders
3.) Program;nature of correctional treatment, appropriate to each person's needs and situiation
Substitive Law
...
Procedural Law
the law that governs how yo enforce the substitive law
Bill of Rights
Hands Off Policy
A judicial policy of non-interference concerning the internal administration of prisons
Habeas Corpus
A writ( judicial order) askign a person holding another person to produce prisoner and to give reasons to justify continued confinment
Inmates are Intitled to These Amendments
The 1st Amendment: Freedom of press, petition, speech and religion
The 4th Amendment: Unreasonable searches and seizures
The 8th Amendment: Cruel & unusual punishment
The 14th Amendment: Due process of law to all US citizens
Revocation
Concerning parole & probation. limited freedom. Revoking of status
Inmate Greviance Procedure
Exaughst all administrative remedies before filinf a court case