CJ Components Spring 2025
The Components of the CJS
Legislative Branch of Government
Key Agencies and Functions
Congress, state legislatures, local government ( they identify what is a crime they identify the criminal code)
U.S. Justice Department, state Attorneys General
State and local Boards and Commissions with oversight
Responsible for creating statutes/laws, policies, procedures
Types of Laws
Criminal Code: Defines behavior that is classified as a criminal offense.(identify every element criminal act)
for every crime all the details of the crime and all of the elements the procedure needs to prove all of them
Actus Reus: Physical act of committing a crime.
Mens Rea/ criminal intent: Mental state or intent behind committing a crime. need to be demonstrated unless its a
Strict Liability: Offenses that do not require a mens rea element.
Penal Code: Guidelines for sentencing. created by congress and state legislature
Code of Criminal Procedure: Outlines the rules for criminal proceedings. congress and legislature create it , it says how people in the government do things lawfully for convicting people
prior convictions cannot affect the current conviction (the prosecutor cannot tell the jury that a person has been convicted 5 other times)
when it comes to sentencing it can be different and they also get punished from their past actions/ convictions
Legislative Branch of Government (Continued)
Budget Allocation
Most spending is through local governments.
federal
local (some funding from the state and some from local government)
jails get most of the funding
States fund prisons and parole, some law enforcement (LE) activities.
Local governments fund law enforcement, courts, jails, pretrial, probation, and diversion programs.(comes from the local taxes)
Federal funds support the federal system and some local and state initiatives.
Law Enforcement (front door to CJS)
Role in CJS
Acts as the front door to the Criminal Justice System (CJS).
Numerous law enforcement agencies exist locally and statewide.
Local Agencies (they all so the same thing in different places)
responsible for public safety
investigate/ response to crimes
mental health check
key theme of american justice system is that it’s too crowded
Examples include:
Austin Police Department (APD)
West Lake Police Department
Cedar Park Police Department
Travis County Sheriff's Office (TCSO)
constables
UT, st. Edwards, ACC, various city and county agencies (all have their own law enforcement agencies)
State Agencies
Includes State Police and State Bureaus of Investigation- they do a lot of investigated work
DPS- does most of traffic control on the state highways
Most major state agencies have law enforcement functions- have their own separate law enforcement offices
Federal Agencies
Include agencies such as:
FBI (Federal Bureau of Investigation)
ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
DEA (Drug Enforcement Administration)
U.S. Marshal Service
Secret Service
ICE (Immigration and Customs Enforcement)
Every executive level cabinet agency has corresponding law enforcement authority.
Primary Functions
Enforcement of laws.
Investigation of potential violations.
Gathering evidence and making arrests.
there are many problems and issues with policing in the US mainly local policing like using excessive force (police misconduct)
public safety is also about crime prevention
Challenges
Significant issues within local policing in the U.S. impacting effectiveness and community relations.
Pretrial and the Courts
Pretrial Phase
The phase between arrest and sentencing.
Key decisions include:
Bail versus detention
Diversion or dismissal versus prosecution
Indictment and charging decisions
Plea deals and sentencing recommendations
people might get taken to a special court
all key decision that shape how everything is going to go
pre trial- the negotiation takes place, this is not in open court
Important to separate pre trial from trial because trial the court starts getting really involved
before you take a plea deal they have a plea deal hearing to tell them everything something that we have to go through to make everything smooth
Types of Courts
Trial Courts: Handle the initial ruling of cases. (the common courts)
no shortage of defenders many people have very few resources
primary responsibility of the trail judge is to be constitutional and follows due process
this doesn’t mean that the trial judge always get it right
Appellate Courts: Review decisions from trial courts and assure due process, an fix situations where it wasn’t done
evaluate a specific question or issue that is coming from lower court
they may agree or disagree with the trial court
the only exception to that is the death penalty cases
Alternative or Problem-solving Courts: Focus on treatment and rehabilitation rather than punishment.
public safety net, some type of treatment some type of training
less of a focus on punishment more focus on accountability, treatment, and supervisors
they do not just rely on punishment
specialty court system to provide supervision and accountability based on the evidence presented should be more effective on changing their actions
prosecutor is usually the one that makes the referral to the specialty court
Key players include judges, prosecutors, and defense counsel.
Corrections
Components of the Corrections System
Involves prisons, jails, probation, and parole.
Alternatives include diversion programs and special probation options.
Silos in the CJS
Silo Structure
Law Enforcement, Courts, and Corrections each operate as distinct entities.
Process involves a series of handoffs:
From Police to Prosecutors/Courts
From Prosecutors/Courts to Corrections
Accountability Issues
The silo structure leads to a lack of accountability and responsibility for public safety, crime prevention, and recidivism reduction.
There is no coherent ownership of the overall justice process.
Different Approaches to the Administration of CJ
Emphasis on Various Approaches
Crime Control
Due Process
Behavioral Change/Diversion/Rehab
Crime Control
Definition
Also known as "Tough on Crime" approach.
goes with everyone
Principles
Focuses on punishment and control.
Based on retribution, revenge, anger, accountability, and justice.
Notion of "eye for an eye" and principle of proportionality.
Further Principles
Incapacitation: Remove offenders from society to prevent further crimes.
Deterrence:
Specific: Preventing a particular offender from reoffending.
General: Preventing the public from committing crimes.
Due Process
Definition
Essential role of courts; defines lawful processes.
the business of the courts
guide lines, protections
court system and judges (the judges are responsible for following due process)
they make sure they met constitutional guidelines, legislature, statutory guidelines.
when it’s taken to trial court they ask if if there was a violation and what they are going to do about it this can lead to going to appellate courts
two more levels of appellate courts that only deal with appeals
important for everything to get done good and following the law
due process is not a static thing it is constantly evolving
Constitutional Basis
Originates from the Constitution and Bill of Rights (4th, 5th, 6th, 8th, and 14th Amendments).
Modified by decisions from the U.S. Supreme Court.
Landmark Decisions
Fourth Amendment
saying that there was sufficient evidence
warrants are permission that are given by a third party which is a judge
Protects against unreasonable searches and seizures.
Must have probable cause for warrants.
(a lot of people do not have the resources to be able to rise this issue)
what it really means is that the best way to conduct a reasonable search is with a warrant based on a probable cause and evidence is going to be found at the search and that evidence needs to be found under oath
if the judge says that there is reasonable cause they will allow the search to take place
affidavid is a sorned setinomny
Search and Seizure
Important Cases
4th - Weeks v. US, Mapp v. Ohio, U.S. v. Leon
what happens is the police violate your 4th amendment
1914 weeks vs US- established in federal cases only “exclusionary rule” if a court finds that the police conducted a wrong search the evidence that was found in the search cannot be used by the government
1964 mapp v. ohio - was the case that extended the exclusionary rule to the states level
the aftermath there was a violations of people 4th amendment and no one did much about it ( a lot of people got off free because the police was making mistakes)
focusing on criminal suspects and criminal defendants applying their rights and also applying them the states
1980’s U.S v. Leon- attempted to take into consideration cases where horrible crime clear of being guilty and police making minor errors which made them not able to use the evidence. The supreme court said is that if they made a good faith error was an accident or it was not to the extend it would be “good faith exception” for the exclusionary rule
this is an example of how due process is constantly changing the court molds due process
ex: tipo on a warrant form
nature of a case how it was decided (example of desecration)
Warrantless Searches 6th amendment
you can conduct searches under different conditions, the reseone for this is some concern about public safety
carroll doctrine- is based on motor vehicles evidence and felons and flee the jurisdiction, this make evidence portable and individuales, allows for a lawful warrantless search of a motor vehicle as long as the law enforcement officer has probable cause, it has expanded over time to any container, copartments, and anyone in the vehicle. the probable cause only needs to be presueded if it has been challenged
Terry v. Ohio,- public safety focused decision that resulted in Terry stops ot Terry searches also known as stop and frisks
based on a case where undercover officer was observing some individuals that were doing something supsisons
the court came with steps to conduct a search without a warrant
observing suppesions behavior, belief that individual(s) are armed with weapon, identify as a law enforcement, conducting a field interrogation (to mitigate the suspicion), if the officer is still suspicious they can conduct a pat down search as a goal for the discovery of a weapon
Minnesota v. Dickerson- this is an addition to the Terry search people started to discover more things than a weapon so they sad that it is now a search and seizure
Consent Searches,- as long as you provide consent they law enforcements can search whatever they want without a warrant and take into evidence whatever they want/find
Plain View- anything that is where the police can see it means that it is open for a warrantless search only if it is open to plain cite
Expansion to States
Landmark decisions apply to state laws.
Gideon v. Wainwright: Right to counsel.
this was a florida case any one that is prosecuted for a felony crime and they cannot afford council it should be provided for them the key was the risks of incarceration
it has expanded overtime should be provided for those who are in felony prosecution
Custodial Interrogation 5th & 6th amendments
Escobedo v. Illinois,- he was suspected of killing his brother in law and after investigation Escobedo was the primary suspect, he was in custody and they began custodial interrogation, a few days later they picked him up and this the custodial interrogation again, the second time he asked to have a lawyer present and the lawyer was trying to get access to this client and all of the request were declined and eventually escobedo gave evidence that incriminated him and he was sentence
they took this to clarify the 5th to you should not incriminate yourself
can be viewed as being in an involuntary position
the answer was to the best way to protect a criminal suspect form confession or self incrimination is to have counsel present
Miranda v. Arizona: Rights during police interrogation, was to inform individuals what their rights are it was a way to use protection and rights in conjunction
Impact of the Eighth Amendment
Roper v. Simmons: Death penalty and juveniles, has received more attention around 30+ sates have eliminated the death penalty , is unconstitutional
Graham v. Florida: Life without parole for juveniles. is unconstitutional based on nuero scientific evidence juvilal brain is diffrent than the adult brain , the
Behavioral Change/Diversion/Rehab
Types of Programs
Diversion Programs: Including pre-arrest and jail diversion, community supervision, and problem-solving courts.
Aim for correctional rehabilitation.
Focus on Evidence-Based Interventions
Involves public health strategies, housing stability, and treatment for substance use disorders (SUD).
Preemptive Strategies
Importance of true crime prevention measures.
Focus on mitigating individual and community-level criminogenic factors.
What We Will See
Emphasis on Punishment
The prevailing approach of the American CJS.
Concerns
Compromise of due process principles.
Behavioral change as an exception rather than the rule.
Lack of proactive efforts to prevent crime.
Guiding Theme
Crime is symptomatic of underlying issues rather than the problem itself.