Comprehensive Overview of U.S. Criminal Justice System & Law

Law enforcement

Apprehend offenders.

Adjudication (courts)

Prosecute & decide guilt.

Corrections

Punish, rehabilitate, and manage offenders after conviction.

Overall goal of Criminal Justice System

Social control (protect society from harmful behavior).

Life sentences without parole for minors

Debate about fairness since children's brains are not fully developed, but some states still allow it.

19th Century Urbanization & Western Expansion

Led to more gangs, organized crime, violence.

Early policing

Was private and often corrupt (businessmen hiring 'police' to enforce their interests).

1829: London Metropolitan Police

1st modern organized police department (Sir Robert Peel).

Boston (1838)

1st official U.S. police force.

Chicago Crime Commission (1919)

Privately funded watchdog group that highlighted corruption and political influence in policing.

Public Enemy #1 list

Created by the Chicago Crime Commission to name the most dangerous criminals; Al Capone was the first.

Wickersham Commission (1931)

First national review of policing in U.S. history.

Findings of Wickersham Commission

Laws were confusing, public did not understand the justice system; police had too much discretion and were inconsistent.

American Bar Foundation (1950s)

Researched police discretion and first to call the interconnected agencies the 'Criminal Justice System.'

President's Commission on Law Enforcement (1967)

Provided analysis & practical reforms; recommended more professionalized policing.

Safe Streets & Crime Control Act (1968)

Sent federal money to local/state police for training, new equipment, & modernization.

Evidence-Based Practices

Policies/programs must be supported by data (ex: reducing recidivism, rehab programs that actually work).

Formal Social Control

Criminal Justice System (police, courts, corrections).

Informal Social Control

Family, schools, religion, community norms; ideally prevents crime without needing the government.

Contemporary Criminal Justice System

Expensive system costing ~$295 billion annually with huge infrastructure.

Formal Criminal Justice Process

15 stages (from initial contact to sentencing or release); many cases resolved informally → plea bargains (90%+).

Misconceptions about Criminal Justice

Public opinion shaped by celebrated cases; most cases are low-level misdemeanors, not high-profile trials.

What is Justice?

Key themes: fairness, equality, accountability, punishment, rehabilitation, morality, closure; justice has no single definition.

Crime Control Perspective

Crime occurs when offenders don't fear punishment; goal = deterrence (swift, certain, severe punishment).

Rehabilitation Perspective

Crime is a product of poverty, racism, alienation, family disruption.

Harsh Sentencing

Policies that include severe penalties such as the death penalty and mandatory minimums.

Rehabilitation

The goal of reforming offenders through education, jobs, and therapy, based on the belief that crime is a product of societal issues.

Due Process

The principle that protects constitutional rights, emphasizing fairness over efficiency, even allowing guilty individuals to go free.

Non-Intervention

The belief that the criminal justice system itself causes harm through labels and stigma, advocating for diversion, decriminalization, and deinstitutionalization.

Equal Justice

The motto 'Same crime, same time,' which rejects judicial discretion to reduce inequality in sentencing.

Restorative Justice

A focus on repairing harm to the victim, offender, and community, requiring the offender to admit guilt and make amends.

Crime Control

An approach that emphasizes harsh punishment and deterrence as a means to control crime.

Ethics in Criminal Justice

The importance of ethical considerations in criminal justice, given the significant power held by officials and the visibility of their decisions.

Police

The frontline of the criminal justice system, responsible for using discretion wisely as most citizens' first contact with the system.

Prosecutors

Officials who decide charges and plea deals, with an ethical duty to seek justice rather than merely win cases.

Defense Attorneys

Legal representatives who must defend their clients regardless of guilt, with a duty to protect constitutional rights.

Correctional Officers

Individuals who directly shape inmates' lives, with an ethical duty to treat prisoners as human beings.

Consensus View of Crime

The perspective that laws reflect the shared values of society.

Conflict View of Crime

The perspective that laws are tools used by the powerful to control the poor and working class.

Interactionist View of Crime

The perspective that laws are shaped by social elites with influence.

Working Definition of Crime

Crime is defined as a violation of social rules written into law by those in power, influenced by moral beliefs and the need for order and safety.

Uniform Crime Report (UCR)

The official crime statistics of the U.S. produced by the FBI, gathering data from over 17,000 police departments.

Summary Reporting System (SRS)

The early system used until 2021 that reported only the most serious crime in incidents involving multiple crimes.

National Incident-Based Reporting System (NIBRS)

A reporting system that replaced SRS in 2021, counting all crimes in one event and tracking 52 offenses in detail.

Victimization Data (NCVS)

Surveys that capture unreported crime by asking households about their experiences.

Self-Report Data

Data collected from offenders who admit to crimes anonymously, commonly used in youth surveys.

Key improvements of NIBRS

No hierarchy rule, expanded list of 52 tracked offenses, updated definitions including gender-neutral rape and recognition of cybercrime.

Challenges of NIBRS

Slow adoption by many departments, inconsistent transition training, and varying data quality.

National Crime Victimization Survey (NCVS)

Survey run by the Bureau of Justice Statistics capturing crimes not reported to police.

Method of NCVS

Calls ~160,000 households annually, interviewing everyone age 12+, with a panel design surveying every 6 months for 3.5 years.

Strengths of NCVS

Large, random national sample providing reliable data and insights into why people don't report crimes.

Weaknesses of NCVS

Underreporting due to embarrassment or fear, overreporting from mistakes or exaggeration, excludes children under 12, and misses hidden populations.

Self-Report Surveys

Surveys asking people directly if they've committed crimes, common with youth and inmates/offenders.

Strengths of Self-Report Surveys

Captures crimes that never enter official statistics.

Weaknesses of Self-Report Surveys

Potential for lying, misses high-risk youth, and limited generalizability.

U.S. Crime Trends

Reported crimes peaked at ~14.5 million in 1991, with violent crime down 49% and property crime down 55% from 1993-2019.

Factors Influencing Crime Trends

Demographics, economy, social change, policing strategies, legislation, technology, and disasters/pandemics.

Law

Governs nearly all aspects of society including family, property, contracts, and criminal harm.

Substantive Criminal Law

Statutes defining crimes and punishments.

Procedural Law

Rules for criminal justice system operation from arrest to sentencing.

Civil Law

Governs private disputes such as contracts, torts, property, and wills with a proof standard of preponderance of evidence (51%).

Public/Administrative Law

Rules governing relationships between governments and citizens/agencies.

Criminal vs. Civil Cases

Criminal cases involve a prosecutor vs. defendant with a burden of proof beyond a reasonable doubt; civil cases involve a private party vs. defendant with a burden of proof of preponderance of evidence.

Code of Hammurabi

Earliest written law from 2000 BC in Babylonia, based on lex talionis ('eye for an eye').

Mosaic Code

Legal and moral rules of the Israelites, including the Ten Commandments.

Wergild

Dark Ages practice of compensating victims with money or property instead of revenge.

Common Law

Legal system foundation established by royal judges in England during the reign of Henry II.

Common Law Crimes

Mala in se (inherently evil crimes like murder) and mala prohibita (illegal due to statute like gambling).

Contemporary U.S. Legal System

Laws codified at state and federal levels, with federal law superseding state law.

Constitutional Prohibitions

Bills of attainder and ex post facto laws are prohibited by the Constitution.

Ex post facto laws

retroactive punishment.

Felonies

most serious (can carry life/death). Ranked (Felony 1, 2, 3). Example: PA has special murder categories → 1st, 2nd, 3rd degree + "murder of unborn child."

Misdemeanors

less serious, ≤ 1 year jail.

Infractions/Violations/Summary offenses

fines only.

Actus reus

guilty act: affirmative act OR failure to act when legally obligated. Examples: parent neglect, lifeguard failing to save swimmer.

Mens rea

guilty mind: criminal intent (purposeful, knowing, reckless, negligent).

Causation & Harm

act + intent must produce harm. Example: chasing someone into traffic → liable for resulting death.

Strict liability crimes

no need to prove intent (public safety). Examples: traffic violations, drug possession, sanitation violations.

Intoxication (Voluntary)

not a defense (choice).

Intoxication (Involuntary)

can be a defense (tricked, drugged).

Age (under 7)

<7 → no liability.

Age (7-12)

case by case, varies by state.

Age (13+)

generally responsible.

Youngest in PA prosecuted

10 years old.

Consent

if victim consented, no crime (applies to property & sex cases).

Self-Defense

must prove imminent threat, danger of serious harm/death, and no escape.

Stand Your Ground

no duty to retreat (varies by state).

Origin of Stand Your Ground

Castle Doctrine (home). Some states extend to car, workplace, anywhere legal to be.

Entrapment

Police can pose as criminals (drug dealer, prostitute, predator online). Illegal if police plant the idea and encourage participation.

Duress

Defendant forced to commit crime under threat of serious harm/death. Example: bank robbery to protect family.

Changing Laws (Marijuana)

Still federally illegal. States vary: recreational legal, medical legal, or decriminalized (fine only).

Body Cams

Introduced for transparency & accountability. Protects both officers & public.

Stalking

1st law → California (1990). Federal law → Interstate Stalking Act (1996). 1998 → laws targeting online child stalking.

Sexting

Originally prosecuted as child porn (lifelong felony). States adapted laws to avoid extreme penalties for minors.

Substantive Law

defines crimes & punishments.

Key Amendments (4th)

protection from unreasonable search/seizure.

Key Amendments (5th)

double jeopardy, self-incrimination, due process.

Key Amendments (6th)

right to speedy/public trial, lawyer, confront witnesses.

Key Amendments (8th)

no cruel/unusual punishment, fair bail.

Key Amendments (14th)

applies federal protections to states (used in immigrant rights, civil rights).