Foundations of the Criminal Justice System

Foundations of the Criminal Justice System Notes

Public Perception of Crime

  • In 23 of 27 Gallup surveys conducted since 1993, at least 60\% of U.S. adults perceived a national increase in crime compared to the previous year, despite a general downward trend in actual crime rates during most of this period.

  • While national perceptions of rising crime are common, fewer Americans believe crime has increased in their own communities. Since the 1990s, Gallup surveys consistently show that Americans are significantly less likely to report an increase in local crime compared to national crime.

Crime Statistics: Pew Research Center and Bureau of Justice Statistics (BJS)

  • Violent Crime Rate (1993-2022): The violent crime rate, based on FBI data, fell by 49\%.

    • Robbery rates decreased by -74\%.

    • Aggravated assault rates decreased by -39\%.

    • Murder/nonnegligent manslaughter rates decreased by -34\%.

  • Violent Crime (2024 vs. 2023): Decreased by 4.5\%.

    • Homicides specifically dropped by 15\%.

  • Property Crime Rate (1993-2022): The U.S. property crime rate showed a 59\% reduction.

    • Burglary rates decreased by -75\%.

    • Larceny/theft rates decreased by -54\%.

    • Motor vehicle theft rates decreased by -53\%.

  • Property Crime (2024 vs. 2023): Declined by 8.1\%.

Crime Reporting and Clearance Rates

  • Most crimes are not reported to the police, and most reported crimes remain unsolved.

  • Reporting (2022 BJS Survey):

    • Only 42\% of violent crimes tracked by BJS were reported to the police.

    • Only about 32\% of property crimes (a much more common category) were reported.

    • Robbery was identified as the most reported violent crime.

  • Clearance Rates (Solved Crimes):

    • 37\% of violent crimes are solved.

    • 52\% of homicides are solved.

    • 12\% of property crimes are solved.

Death Row Exonerations and Executions Since 1976

  • Exonerated: 200 individuals have been exonerated from death row (since 1974 is also mentioned but 1976 is the primary figure associated with executions).

    • Black individuals: 108

    • White individuals: 70

    • Latino individuals: 19

  • Executed: 1635 individuals have been executed in the U.S. since 1976.

    • White individuals: 914

    • Black individuals: 554

    • Latino individuals: 135

  • Murder Victims in Execution Cases: More than 75\% of murder victims in cases resulting in execution are White, despite White individuals nationally constituting only 50\% of murder victims.

Bureau of Justice Statistics: Incarceration

  • Total Incarcerated Population: Approximately 1.9 million people are incarcerated in the United States at any given time, although these figures have shown a slight downward trend in recent years.

    • State prisons: Roughly 1.1 million.

    • Federal prisons: 208,000

    • Jails: 552,000

    • Other facilities (youth, territorial, private, immigration, military, tribal): 103,000

  • Incarceration for Drug Crimes:

    • On average, roughly 20\% (approximately 500,000 people) are incarcerated for drug crimes.

    • This breaks down to 45\% of the federal system, 14\% of the state prison system, and 20\% of the jail system.

    • Releasing all inmates currently incarcerated for drug offenses would reduce the total prison population by approximately 14\% which is significant but less than popularly imagined.

Cases, Adjudication, and Trials

  • Guilty Findings: Approximately 90\% of federal defendants and 75\% of defendants in the most populous U.S. counties were found guilty, irrespective of whether they were represented by private or public defenders.

  • Guilty Pleas: According to the Bureau of Justice Statistics, roughly 95\% of all cases conclude with a guilty plea.

Washington Post Police Shooting Database

  • 2024 Police Shootings (Fatal - 1175 total):

    • Demographics:

      • White: 401 (32\%$)

      • Black: 259 (22\%$)

      • Hispanic: 180 (15\%$)

    • Armed Status:

      • Armed: 997 total (White 334, Black 227, Hispanic 156)

      • Unarmed: 29 total (2\%$) (White 6, Black 11, Hispanic 8)

  • 2023 Police Shootings (Fatal - 1164 total):

    • Demographics:

      • White: 504 (43\%$)

      • Black: 251 (22\%$)

      • Hispanic: 167 (14\%$)

    • Armed Status:

      • Armed: 967 total (White 420, Black 213, Hispanic 138)

      • Unarmed: 51 total (4\%$) (White 18, Black 16, Hispanic 7)

Fundamentals of the Criminal Justice System

  • Foundation: The criminal law serves as the bedrock of our criminal justice system. Laws define what constitutes a criminal act and prescribe appropriate punishments. The enforcement of these laws is the initiating factor for the entire criminal justice process.

  • Influences on Views and Knowledge of the CJ System: Our understanding of the criminal justice system is heavily shaped by various factors:

    • Life experience.

    • Parental influences.

    • Clergy influences.

    • Influences from respected leaders and role models.

    • Teacher influences.

    • The pervasive influence of media and television (the