Justice Administration Midterm

Network

how components of the US justice system operate independently but cooperate and share similar goals

The part of the criminal justice process that the U.S. public sees the least of and knows the least about is

corrections

What is administration?

A science that can be taught, not a talent

How is justice administration often learned?

through on the job training that teaches leadership

3 roles of justice administration

Administrator

Manager

Supervisor

Administrator

focuses on overall organization, its mission, acquisition, use of resources, and agency relationships with external organizations and groups

Manager

intermediate level of management, responsible for carrying out policies and directives of upper level administrators, supervise subordinate employees (captains, lieutenants)

Supervisor

persons (sergeants) typically in the field who plan, organize, and direct staff members

What are the components of the criminal justice system negatively characterized by?

friction, conflict, and deficient communication

Common criticism of justice system

it is fragmented with many role conflicts and problems

What does each component of a system have to keep it going?

varying degrees of responsibility and discretion in dealing with crime

Our CJ “system” can be better described as…

a criminal justice process

What do decisions and actions taken by an institution, offender, victim, or society do

influence offenders movement into, through, or out of system

Three ends of the CJ process

police, courts, corrections

Role of police

getting lawbreakers off street

Role of corrections officials

being primarily custodial in nature

Every action has…

a reaction

Actions and reactions of one component will…

send ripples through the process

What contributes to failure to deal with crime effectively

Fragmentation

The justice systems components…

cooperate and share similar goals BUT operate largely independently and compete for funding

Criminal justice “network” based on assumptions of…

1. components cooperating and share goals

2. follows set of formal procedural rules to ensure uniform treatment and justice

3. each person accused of a crime receives due process, innocent until proven guilty

4. each person receives speedy public trial before impartial jury, represented by competent legal consent

4 challenges to CJS being a network…

1. Agencies compete for funding

2. Treat groups differently (race, gender)

3. Apply outcomes inconsistently (some convicted, some not)

4. Backlogs delay justice and trials despite most pleading guilty

Basis for a criminal justice non-system

police, courts, and corrections do not function harmoniously

not a coordinated structure

neither efficient nor fair enough to create fear of punishment or respect for its values

Cohn and Udolf stated that criminal justice is…

“not a system and has little to do with justice as the term is ordinarily understood”

Wright and Fox asserted that…

“the justice system is often criticized b/c its not a coordinated structure and not really a system. This is true in many ways.”

System fragmentation affects…

the amount and type of crime that exists in the US

Goal conflict

polarity in identifying and establishing the primary aims of system caused by fragmentation

Inequalities in the justice system are represented by…

fragmentation and discretion

Fragmentation involves the view that…

police, courts, and corrections have very large discretion and their own perceptions of offenders result in goal conflict

The decentralized and fragmented nature of the justice system will always cause…

lack of coordination, unification, and communication

Is the criminal justice system a true system?

possibly

elements work together and interact to function like a process, network, or even non system

A very efficient system may not be…

what a democracy needs or wants

According to John Locke, people were created by God to be…

free, independent, and with inherent inalienable rights to life, liberty, and property

inalienable rights

rights that cannot be taken away

According to John Locke, each person has the right to…

self protection against those who would infringe on their liberties

According to John Locke, although most people are good…

some will likely prey on others, who in turn would constantly have to be on guard against such endeavors

U.S. society has…

innumerable lawbreakers

When arrested, most lawbreakers do not challenge…

the legitimacy of the law

the system of government that enacts the laws or agencies that carry them out

Most lawbreakers are…

easily handled by police

In Locke’s view people join together and form governments where they…

surrender their right to self protection

In return to surrendering individual rights, people receive…

governmental protection of their lives, liberty, and property

People give up rights and receive…

government protection in return

Governments give protection and receive…

loyalty and obedience in return

Locke believed chief purpose of government was…

protection of property

Locke’s theory of tacit consent…

By living in a country and accepting its benefits (like protection and laws), you consent to obeying its government

Tacit consent essentially describes…

an association of landowners

Social contract theory by Thomas Hobbes

recognized people had enough rationality to recognize their situations and come together to form governments for self protection

social contract theory

people are essentially irrational and selfish but have enough rationality to come together to form governments for self protection

People exist in a state of ________ with their governments

consensus (social contract)

Jean-Jacques Rousseau was a ______ theorist

conflict

Rosseau argued that…

“Man is born free, but everywhere he is in chains”

Rosseau described the conflict between…

the ruling group and other groups in society

Rosseau differed from Locke who described…

consensus within the ruling group

Primary difference in consensus vs. conflict theorists…

view of how legitimate they believe actions of ruling groups are

Differences are important because they involve competing views of…

humankind towards its ruling group

Consensus model

view assuming all parts of the system work toward a common goal

Conflict model

view each part of system is self serving, with pressures for success, promotion, and general accountability resulting in fragmented efforts

Due process model

accused should be presumed innocent and have rights protected, police must act in accordance with Constitution

Crime control model

philosophy stating crime must be repressed, the accused presumed guilty, legal loopholes eliminated, offenders swiftly punished, and police/prosecutors given a high degree of discretion

Neither due process nor crime control models…

completely dominate a particular community nor controls U.S. crime policy

1st step of Herbert Packer’s due process model

providing fairness and focus on defendant rights by due process in the Bill of Rights

2nd step of Herbert Packer’s due process model

Police powers should be limited to prevent oppression

3rd step of Herbert Packer’s due process model

holding police + prosecutors accountable to ensure fairness under Constitutional rights

4th step of Herbert Packer’s due process model

CJ process should resemble an obstacle course, with safeguards to protect the innocent and convict the guilty

1st step of crime control model

provide order through prioritizing crime repression

2nd step of crime control model

focus on helping victims rather than defendants’ rights

3rd step of crime control model

police powers should be expanded with legal technicalities eliminated for ease of arrest, search, and seizure, and conviction

4th step of crime control model

CJ process should resemble assembly line, moving cases through swiftly

5th step of crime control model

general presumption of guilt for the accused (and police/prosecutors’ views trusted)

Private businesses and corporations can use various ________ rewards to…

extrinsic (external)…to motivate employees

Examples of extrinsic rewards

financial bonuses, private offices, key to executive membership in country clubs, paid trips, company car, prestigious title, etc.

People working in the public sector must acquire ___ _________ mainly through…

job satisfaction…intrinsic (internal) rewards

Examples of intrinsic rewards…

work that is gratifying, makes them feel good about themselves and their accomplishments

In the past, change in criminal justice agencies occurred…

slowly and incrementally

Today, change is a …

constant rather than an exception

Unplanned change often results in (2)…

programs failing

negative consequences in workplace

Three strikes law in California

3 felony offenses resulted in automatic punishment of prison

Three strikes law led to (3 things)…

prison overcrowding

unequal distribution of sentences

increase in jury trials and buildup

The 1994 Crime Bill led to large increases in…

incarceration and unintended consequences

Change in criminal justice typically shouldn’t (and doesn’t) occur…

accidentally or haphazardly

Justice administrators must know how to…

plan, implement, and evaluate interventions that address problems in their organizations while considering other system components

Planned change is a rational approach involving (5)…

problem analysis

setting goals and objectives

program and policy design

developing an action plan

monitoring and evaluation

One way to effect planned change…

Creating policy

Policies vary in…

complexity and the amount of discretion given to those who apply them

Policymaking involves… (2 things)

1. making plans for basis of decisions in organizations

2. establishing rules or guidelines to govern actions of citizens

CJ organizations always have…

barriers and resistance to change

Change barriers may be _____ in nature (6)…

physical

social

financial

legal

political

technical

Force field analysis

a technique for identifying sources of resistance and support

3 steps of force field analysis

1. identifying driving + restraining forces

2. analyzing forces

3. identifying alternative strategies for changing each force, reducing forces of resistance

driving forces

those supporting change

restraining forces

those resisting change

Not planning for change can lead to…

negative consequences

Proactive planning for change can be advantageous over…

forced change based on events that have already occurred (reactionary change)

Examples of proactive planning vs. forced change

team policing

events in the CJS during the COVID-19 pandemic

Organization

a consciously coordinated social entity, with a relative identifiable boundary, that functions on a relatively continuous basis to achieve a goal or set of goals

“Conscious coordination” in organizations…

refers to management hierarchy

“Social entity” in organizations…

organizations are composed of interacting people and interact with other organizations

“Relatively identifiable boundary” in organizations

organizations goals and public served

Four types of organizations

mutual benefit associations

business concerns

service organizations

commonwealth organizations

Mutual benefit assocations

serve and benefit their members, rather than the general public (ex. police labor unions)