ch 3 criminal justice

Doing Justice

Means holding people accountable for there acts that are wrong, our response to that behavior needs to be reasonable and purposeful, treat people with respect, everyone has rights (rules). Treating everyone equally.

Control Crime

Punishing, holding people accountable, responding, done within the law

Preventing Crime

Least focused on component, responding, police controlling and monitoring people, done by schools, health services

Federalism

Federalism is a system of government where power is shared between a national (federal) government and state governments. Instead of one level of government having all the power, responsibilities are divided.

Expansion of federal involvement

Expansion of federal involvement refers to how the national (federal) government has increased its role and power over time, often in areas that were once mostly controlled by the states.

Is murder a federal crime? Depends who you kill (the president, yes)

Terrorism

–Department of Homeland Security

Might be more of a federal issue than it used to be, not always a good thing

Police

Mostly at the local level, then state, and then federal

Prison

mostly at the state level, then local

Discretion

Discretion is the power or freedom to make decisions based on judgment, rather than following strict rules every time.

Resource dependence

In criminal justice, resource dependence means agencies like police departments, courts, and prisons rely on outside funding and resources (often from the federal or state government) to operate. Because of this dependence, those agencies may adjust their policies, enforcement priorities, or practices to meet funding requirements.

Sequential tasks

sequential tasks refers to the idea that the system works as a series of steps, where each part depends on the one before it. What happens at one stage directly affects what can happen next.

Filtering

filtering refers to how cases and people are gradually screened out of the system at each stage of the criminal justice process.

Operations of CJ Agencies

Criminal justice agencies operate through sequential tasks—police enforce laws, courts process cases, and corrections carry out sentences—using discretion and filtering to manage cases while working within limited resources and often under federal involvement.

Police purpose

–Keep the peace

–Apprehend violators and combat crime

–Prevent crime

–Provide social services

Courts

Corrections

Steps in the Decision-Making Process

Investigation

Investigation is the process by which law enforcement gathers evidence, identifies suspects, and builds a case to determine whether a crime occurred and who is responsible.

Arrest

Arrest is when law enforcement takes a person into custody because there is probable cause to believe they committed a crime.

Booking

Booking is the administrative process after an arrest where a suspect’s personal information, fingerprints, photograph, and charges are officially recorded.

Charging

Charging is the process where a prosecutor formally decides what criminal charges, if any, to file against a suspect based on the evidence.

Initial Appearance

Initial appearance is the defendant’s first court hearing, where they are informed of the charges, advised of their rights, and bail may be set.

Preliminary Hearing/grand jury

This stage determines whether there is probable cause to move forward with charges—either through a preliminary hearing before a judge or a grand jury, which decides whether to issue an indictment.

Indictment

An indictment is a formal charge issued by a grand jury stating there is probable cause to believe the defendant committed a crime.

Arraignment

Arraignment is the court hearing where the defendant formally hears the charges and enters a plea (guilty, not guilty, or no contest).

Trial

A trial is a court proceeding where evidence is presented, and a judge or jury determines guilt or innocence.

Sentencing

Sentencing is when a judge determines the punishment for a convicted defendant, such as prison, probation, fines, or community service.

Appeal

An appeal is a request for a higher court to review a conviction or sentence to determine if legal errors occurred during the trial.

Corrections

Corrections is the stage where sentences are carried out, including prison, jail, probation, parole, and rehabilitation programs.

Release

Release is when an individual leaves custody or supervision, either after completing a sentence, being granted parole, or posting bail.

Minorities are processed at disproportionate rates, why?

Minorities are processed at disproportionate rates due to a combination of structural inequalities, greater police presence in certain communities, discretionary decisions at each stage of the system, and unequal access to legal resources.

Discrimination versus Disparity

Discrimination is intentional unfair treatment based on race, ethnicity, or another characteristic.

Disparity is a difference in outcomes between groups that may result from multiple factors and does not require intent.

Three explanations

Arguments that could be made…

–Minorities commit more crime

None white individuals commit more crime? Unlikely

–The criminal justice system is racist

Slave patrols? People who lack political power

–America is a racist society

Some people are definitely racist, but is everyone?