Introduction to Criminal Justice System

Norms and Laws

• Norm: Rule that makes clear what behavior is appropriate and expected in a particular situation.

• Deviance: Violation of a norm.

  • Whether an act is considered deviant depends on context, place, time, and the individuals judging it.

  • Ideas of deviance change over time.

Violating a Legal Norm

• Example: Spitting in the subway is a crime that violates a formal regulation of the New York City Transit Authority.

Social Norms

• Social Norms: Rules specifying how people are expected to behave.

  • Informal social norms: Not written but understood and followed (e.g., waiting your turn in a queue).

  • Formal social norms: Written; called legal norms.

• Violation of formal norms (legal norms) sets the criminal justice system in motion.

Classifying Crime

• Mala in se: Behavior morally wrong in any context; implies the act would be wrong even without law.

  • Note: No act is inherently criminal; crime is a label society assigns to deviant behavior.

• Mala prohibita: Statutory crime reflecting public opinion at a given time.

  • Statutory crime: An act criminal because it is prohibited by law.

Consensus and Conflict Perspectives

• Consensus perspective: Laws reflect social agreement about what constitutes criminal behavior.

  • Criminals express values and beliefs at odds with mainstream society.

• Conflict perspective: Crime arises from struggles among groups competing for resources; laws influenced by those who control political/economic power.

Disconnects: Evolution of Marijuana Laws

• In U.S. from mid-1800s to 1937, marijuana was largely a medicinal drug legally available by prescription.

• Visual/text alternatives present slide imagery on the evolution of laws.

Sanctions

• Sanctions: Prescribed consequences meant to reinforce conformity to norms.

  • Can be positive/rewarding or negative/punishing.

  • Can be formal or informal.

• The criminal justice system delivers a range of formal negative sanctions in response to criminal behavior.

Impact of Crime on Victims (Part 1)

• Victims and offenders often share common characteristics:

  • Race, age range, neighborhood, socioeconomic status, gender (with the exception of rapists).

• Victims are sometimes neglected and abused by the criminal justice system.

Impact of Crime on Victims (Part 2)

• Victim rights’ movement initiated reforms in the criminal justice system.

  • Victims are being treated better and can receive compensation for injuries and losses.

Figure 1.1: Components of the U.S. Criminal Justice System

• Components exist with counterparts in the juvenile justice system.

• Each component (Law enforcement, Courts, Corrections) also has a role in victim services.

Law Enforcement

• The most familiar part of the system.

• Officers are expected to resolve many of society’s problems and to use force only when necessary.

• Police responsibilities have expanded into educational settings and community-based initiatives.

School Resource Officer

• SROs bring awareness of crime and the law into the classroom.

The Courts

• State courts: Prosecute state crimes; include trial and appellate courts.

• Appellate courts: Hear appeals from trial or lower courts.

• Federal courts: Prosecute federal crimes; include District courts, Appellate (Circuit) courts, and the U.S. Supreme Court.

Judicial Process

• Prosecutor decides whether to prosecute.

• Grand jury decides if the case should go to trial.

• Defense attorneys protect the defendant’s legal rights.

• Judges ensure rules of evidence and law are followed and instruct the jury.

Corrections

• Systematic, organized effort to punish offenders, protect the public, and change behavior.

• Post-conviction options include:

  • Alternative sentence: Served in a treatment facility or through community service.

  • Probation: Offender remains in the community under court supervision.

  • Parole: Early release from prison with conditions.

Victim Services

• Range of resources aimed at reducing suffering and aiding recovery for those who participate in the process.

  • Includes shelters, transitional housing, counseling, and 24-hour hotlines.

  • Some services address legal needs of the victim.

Victim Advocate

• A professional who assists victims during the post-victimization period.

• Works in government and non-government organizations across all criminal justice sectors.

Demonstration for Victims’ Rights

• Victims’ rights movement began in the 1970s, pushing for greater victim involvement in the process.

Other Victim Services

• Help victims apply for compensation and write victim impact statements.

• Victim impact statement: Victim’s written statement, usually in the Presentence Report, about the crime’s effect.

• Secondary victims: Family and friends of the victim; working with them to cope with victimization.

Real Crime Tech: Amber Alert System

• Amber Alert program created to foster partnerships among law enforcement, transportation, and broadcast/wireless media.

• Goal: Quickly disseminate information to recover missing children.

• As of December 2015, Amber Alert contributed to the rescue/return of 794 children.

Working of the Criminal Justice System

• Not all cases go to trial; CJ funnel describes case filtering.

• Wedding cake model illustrates filtering by offense seriousness.

• Decisions influenced by factors such as:

  • Quality of evidence

  • Resources available to bring a case to trial

Figure 1.2: The Criminal Justice Funnel and Serious Crimes

• Data illustrating how 1000 serious crimes may filter through reporting, arrest, prosecution, and sentencing stages (see figure).

Figure 1.3: The Wedding Cake Model

• Layer 1 (top): Celebrated cases.

• Layer 2: The serious felonies.

• Layer 3: The lesser felonies.

• Layer 4 (bottom): The misdemeanors.

• Note: Minor offenses make up 90 percent of reported crimes.

Serial Killer Gary Ridgway

• Ridgway convicted and sentenced to life for killing 48 women.

• Debate: Should Ridgway have pleaded guilty to avoid execution?

Crime Prevention

• Measures aimed at reducing opportunities for crime by individuals predisposed to commit it.

• Focuses on high-crime activity and has significant applications to victimization.

• Resources can be delivered to individuals lacking protections.

Crime Control Model

• Emphasizes efficient arrest and processing of alleged offenders.

• Repression of criminal conduct is the primary function.

• Advocates favor “assembly-line justice” for speed and consistency across offenses/offenders.

Due Process Model

• Emphasizes individual rights at all stages of the justice process.

• Argues it is better to let a guilty person go free than convict an innocent.

• Reached its height in the 1960s as due process requirements expanded to local and state agents as well as federal.

Influences on Criminal Justice

• Fear of crime.

• Media coverage.

• Politics.

• Discrimination.

Fear of Crime 1

• U.S. residents often believe there is more crime than there is.

• Fear of stranger crime can influence women’s choices.

• Factors affecting fear:

  • Gender, Age, Past experiences, Ethnicity, Income, Educational attainment, Area of residence.

Fear of Crime 2

• Moderate fear can be beneficial by promoting caution and influencing policy.

• When fear is unreasonable, policies may be irrational.

• Fear has major economic and social impacts on society.

Graffiti-Tagged Shops

• Some view a defaced storefront as a sign the area is unsafe.

Media Coverage

• Media can inflate fear and provoke moral panic.

• Moral panic: Exaggerated or false perceptions about crime; focus often on violent crime and minority perpetrators; most crimes are nonconfrontational.

Politics

• Influences the administration of justice in multiple ways:

  • Legal system defines legitimate actions for professionals.

  • Legislators decide funding for prisons, policing, courts, and victim services.

  • Federal policies shape local priorities; Congress can enact laws or control funds.

  • Interest groups advocate for broader administration or specific facets of the system.

Discrimination

• Individuals in jail, on probation, or in prison are disproportionately people of color.

• Racial disparities reflect broader social divisions; drug laws may have discriminatory impact.

• Laws affect Blacks and women more.

Challenges to Criminal Justice Today 1

• Cybercrime and international terrorism challenges.

• Illicit drugs and the organizations trafficking them; corruption affecting addicted individuals.

• Leveraging technology to improve services (e.g., access to DNA analysis).

Challenges to Criminal Justice Today 2

• Procuring technologically advanced devices:

  • Facial recognition, gunshot detection, unmanned aircraft (drones), body-worn cameras, digital platforms.

• Increasing prison population and related overpopulation issues.

• Reducing the number of people with unmet mental health needs entering the system.

Key Terms

• Alternative sentence, Appellate courts, Conflict perspective, Consensus perspective, Corrections, Crime control model, Crime prevention, Criminal justice system, Deviance, Due process model, Federal courts, Mala in se, Mala prohibita, Moral panic, Norm, Parole, Probation, Sanctions, Secondary victims, Social norm, State courts, Statutory crime, Victim advocate, Victim impact statement, Victim services, Wedding cake model

Notes on Relevance and Connections

• This chapter builds on foundational sociological concepts: norms, deviance, labeling, and the distinction between informal vs formal norms.

• It contrasts two theoretical lenses on lawmaking: consensus (shared values) vs conflict (power-driven) perspectives.

• It demonstrates how public opinion, media narratives, politics, and policy shape the practical functioning of justice systems.

• It highlights ethical tensions between efficiency (crime control) and individual rights (due process).

• Real-world relevance includes victim rights, modern technologies (Amber Alerts, DNA analysis, facial recognition, body cams), and ongoing debates about discrimination and over-incarceration.