1.3: Concept of Criminal Justice
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)Concept of Criminal Justice
The term “criminal justice” refers to the area of study of a just (as in justice/fairness) way of dealing with crime, criminals, and the victims. CJ is a relatively new interdisciplinary field of study. It is new compared to much older fields, such as psychology or biology. In fact, most of the older professors in this field obtained their degrees in other related fields, while the next generation of professors such as myself were able to obtain their Ph.D. specifically in the field of criminal justice. It is interdisciplinary in that it is made up of ideas and concepts from many other fields, such as sociology, psychology, law, public policy, administration, and chemistry—just to name a few.
Broad View of Crime
In addition to having a broad view of the field of criminal justice, it is important to have broad view of crime. Usually, when one hears the word crime, some type of street-level crime such as assault is what one thinks of. We need to understand that even similar types of crime can have very different motivations, different impacts on the victims, and need a different system or government approach to deal with it. For instance, when we think about a criminal physically harming a victim, we need more information before we can think about proper investigating techniques, prevention suggestions, or what might be done with the offender. As you can see in this image, there is a difference between one being harmed as part of the gang crime, harming themselves as in a cult, or being hurt by someone you thought you trusted. If the victim were to die, there is even a difference between a serial murder where there may be many victims, but they tend to be targeted one at a time, or a mass murder where there may be many victims targeted altogether. Of course, the image just shows you a few of the many ways victims may be physically harmed, and hopefully you noticed that it does not even include “suite crime,” also known as white collar or corporate crime.
Figure 1.1
Law Enforcement Assistance Administration
Throughout the text and in our field, you will notice that we often use acronyms. Acronyms can make communication more efficient. We have already been using the acronym CJ. Another acronym is LEAA, which stands for Law Enforcement Assistance Administration. LEAA was important through the 1970s for funneling a lot of federal money into the field. In fact, their involvement is what helped invent the field now known as criminal justice. In addition to the money that they contributed, however, perhaps the most long-lasting effect of the LEAA was their emphasis on the importance of research in our field, and the importance of a college education for those working in the field to improve the professionalism of our agents.
Study of Criminal Justice
Of course, when one sets out to study something, we usually start with a definition. So, the study of criminal justice is an attempt to “scientifically examine the methods, procedures, policies, CJ agents, CJ agencies, and the role and impact of crime.” There are two main ways in which something can be studied: abstractly (or in other words theoretically, like we are doing in this class) or applied (in other words, lived experience such as doing an internship or working in an agency in the field). We will be looking at the field in an abstract sense, and I encourage you to focus your social-awareness lesson activities around events or people that can share more of the applied side of our field with you.
Government Structure
This you probably remember from high school—what are the three branches of government? The correct answer is legislative, judicial, and executive. Even though this concept is very easy, we need to look at it in a slightly more difficult fashion now. In the field of criminal justice, we interact with and rely on a number of government agencies. To us, it is very important to know what level of government we should interact with. Typically, the levels are broken down into local, state, and/or federal. There is a big difference between violating a local ordinance (like rules against too much noise) compared to a federal law (like interstate transportation of illegal drugs). No matter which level of government we are dealing with, it is important to understand the influence that each of the branches has on the criminal justice system. If there ever is a law we disagree with, it is important to understand that the agents in the field are just following their orders. If we want changes to be made, we, the public, need to use the democratic process to make these changes. The main influences of the three branches of government are summarized in this image.
Figure 1.2
US CJ System
There are two different ways of conceptually thinking about criminal justice. One is as a “system” and the other is as a “process.” Let us first look at it as a system. The term system implies an organized and integrated array of components. Certainly, the criminal justice elements are interrelated, but throughout this course I would like you to question if they are integrated and well-organized. The criminal justice system in our country is quite large. A few highlights to illustrate the system’s magnitude are shown in the bulleted list below.
The Criminal Justice System: Size and Expense
- 55,000 different public agencies
- $200 billion annual budget
- 2.4 million employees
- 18,000 police agencies
- 17,000 courts
- 8,000 prosecutorial agencies
- 6,000 correctional institutions
- 3,500 probation and parole departments
- 15 million arrests per year
- Correctional population of more than 6 million
There are three main components in the criminal justice system. We will examine each of them in more depth later. The three components are police, courts, and corrections. First is a brief overview of police.
Role of The Police
The police are an important component, because they are at the front end of the system. It is their “discretion” which may set the system in motion. Their main duties are to maintain order and to enforce criminal and traffic laws. If they decide to give someone a warning for speeding, the other parts of the system (courts and corrections) will not need to respond. However, if a ticket is issued, the courts will need to respond, and if the ticket remains unpaid, the correctional component may become involved as well.
Role of the Courts
Even if law enforcement believes someone did a crime, it is actually the role of the courts to determine criminal responsibility. When we discuss the court system in more detail later on, I would like you to question if the courts of today are still seeking “truth” or are they so backlogged that now they are dispensing “bargain justice,” as the critics claim. Courts are also important for their role in “sentencing” offenders.
Role of Corrections
Even though being apprehended by police and sentenced by the courts might seem like punishment, it is the corrections component that is the actual “sanctioning force.” There are many sanctioning options within the corrections component, ranging from incarceration, where one is removed from the community and locked up in a secure setting, to community-based programs such as probation. There are also innovative combination programs such as boot camps and wilderness camps in some areas. We will examine corrections more closely toward the end of this course.
Discretion
It is important to point out that all of the agents of the criminal justice system (not just police) exercise discretion, or the professional choice of how to respond in a particular situation. For instance, judges can decide on what sentence to impose, and correctional officials may decide whether or not to award privileges to the people under their control.
Discretion must always fall within the parameters of what is allowed by law. A judge may not choose to give the death penalty for hosting a loud party and a warden may not choose to let everyone free because they are in a good mood. Despite limits on discretion imposed by law, it is not unusual for cases which are similar in nature to wind up with slightly different outcomes, depending on the discretionary decisions made by the officials involved. Often people wonder why their case was not treated exactly as someone else they knew about. The answer might be that there were important differences in the details of their case, or the answer might simply be discretion.