Crime & Justice In the
United States
Chapter One
Introduction to Criminal Justice, Bohm
& Haley
Article
Criminal Justice Logjam
•As Budgets Shrink, Cities See an Impact on Criminal Justice (Jun 7, 2003)
•Criminal Justice Failure (Aug 6, 2002) •Britain Plans Criminal Justice Changes to
Favor the Victims (Jul 18, 2002)
Find more related articles by selecting from the
following topics: Criminology Social Sciences Track a subject by e-mail
o the Editor:
It is disconcerting that the number of Americans under control of the criminal justice
system - in prison, on probation or on parole - has risen once again, this year
approaching nearly seven million ("U.S. 'Correctional Population' Hits New High,"
news article, July 26).
Taxpayers spend more than $50 billion a year to incarcerate more than two million
people, making America the world's No. 1 jailer. Yet the Bureau of Justice Statistics
shows that two-thirds of inmates are back behind bars within three years of release.
A better approach would be to lock up fewer people for shorter periods of time and use
the cost savings to bolster academic, vocational and substance abuse programs
behind bars. That way, ex-offenders will have the tools they need to lead law-abiding
lives on the outside.
Jennifer R. Wynn
Adjunct Professor
John Jay College of Criminal Justice
Brooklyn, July 26, 2004
Objectives
1.
2.
3.
4.
Identify institutions of social control and
explain what makes criminal justice an
institution of social control.
Summarize how the criminal justice system
responds to crime.
Explain why criminal justice in the United
States is sometimes considered a nonsystem.
Point out the major differences between
Packer’s crime control and due process models.
Objectives
5.
6.
7.
Describe the costs of criminal justice in
the United States and compare those
costs among federal, state, and local
governments.
Explain how myths about crime and
criminal justice affect the criminal justice
system.
Describe how the type of crime
presented by the media compares with
crime routinely committed.
Institutions of Social Control

An institution of social control is:
An organization that persuades people,
through subtle and not-so-subtle means to
abide by the dominant values of society.
P.8
Institutions of Social Control

Examples:
Organized Religion
Laws
Family
Schools
News
Institutions of Social Control

Criminal Justice System is an institution
of social control, but differs from others
in two important ways:
1. Concerned only with behavior defined as
criminal (limited behaviors),
2. It is “society’s last line of defense” against
people who refuse to abide by dominant
social values. Society turns to criminal
justice “when all else fails”.
Criminal Justice: The System
Criminal justice in the US is administered
by a loose confederation of more than
50,000 agencies, federal, state and local
governments.
 This confederation is referred to as the

“criminal justice system”
p. 8
Criminal Justice System
Criminal Justice: The System

Jurisdiction:
A politically defined geographical area
(where the specific CJS entity has
authority)
Criminal Justice: The System
An Overview
WARNING: The following is a brief
overview of a typical criminal justice
system. (It is often more complicated than
what is described in the text)
 More detailed information will be covered
later in the course.
 Refer to Figure 1.1 in your text, pp. 10-11

Moves Quickly
Police Receive a
criminal Report
Arrest is made,
booking, then
warrant, (initial
appearance)
GA- Juvenile Services
Take Over
Misdemeanor
No arraignment
Unless jailed
SUMMARY
TRIAL p.9
Synopsis of CJS
Officer investigates then makes an
ARREST.
 Offender becomes a DEFENDANT, then a
BOOKING report (GA, A&B), is completed
listing charges and any personal property,
etc.
 Prosecutor then reviews the facts and
decides whether to charge, or pursue
prosecution, then completes a charging
document.

Charging Document
Four (three) types:
A complaint – a document specifying that an
offense has been committed.
 Arrest Warrant – another form of charging
document often obtained by
officers/investigators.
 An information – a document that outlines the
formal charge against a suspect.
 A grand jury indictment – a written accusation
by a grand jury that a person has committed a
crime.


Offense Level

Misdemeanor – (includes ordinance
violations) less serious crime generally
punishable by a fine or by incarceration in
jail for not more than 1 year.

Felony – (does not include ordinance
violations) serious offense punishable by
confinement in prison for more than 1
year or by death. (May include fines)
Pretrial Stages

After charges have been filed, the
defendant is brought before a judge to
hear the formal charges against them and
to hear their constitutional rights. This is
an initial appearance.

Often, in several states, the defendant can
enter a plea of guilty or not guilty at this
stage. (Georgia)
Pretrial Stages


In misdemeanor cases, the defendant will go to trial, or
summary trial, (ordinance violations, traffic, etc.).
In the case of a felony, a hearing is held to determine
whether the defendant should be released or whether
there is probable cause to hold the defendant for a
preliminary hearing. Probable cause is:
A standard of proof that requires evidence
sufficient to make
a reasonable person believe that, more likely than
not, the
proposed action is justified.
Pretrial Stages

If defendant is to be held, judge finds
sufficient probable cause (evidence),
then the judge may set bail (bond).
Bail is usually a monetary guarantee
deposited with the court to ensure that
suspects or defendants will appear at a
later stage in the criminal justice
process.
Pretrial Stages

A primary purpose of the grand jury is to
determine whether there is probable cause to
believe that the accused committed the crime
with which the prosecutor has charged him/her
with. A grand jury is:
A group of citizens who meet in closed sessions for
a specified period to investigate charges coming
from preliminary hearings and to fulfill
other responsibilities.
Defendant does not appear at Grand Jury hearings.
Pretrial Stages
Defendants are then go to arraignment where
they are allowed to plea.
 At this stage, a majority of cases are handled
through an arrangement called plea
bargaining. P.13

The practice whereby a specific sentence is
imposed if the accused pleads guilty to an
agreed-upon charge or charges instead of going
to trial.
Pretrial Stages
– 10 percent of criminal
cases go to trial.
– 5 percent of criminal
cases are decided in a
bench trial.
– 5 percent of criminal
cases are decided in a
jury trial.
– 90 percent of cases are
disposed of through plea
bargaining.
Trial Stage

If found NOT GUILTY, defendant is
released. If found guilty, they are
sentenced by a judge, and in some cases
by the jury.
Corrections

There 5 types of punishment used in the
US:
– Fines,
– Probation,
– Intermediate punishments,
– Imprisonment,
– Death
Corrections

Parole – defendant may be eligible after
serving a portion of their sentence. Parole
is:
The conditional release of prisoners
before they have served their full
sentences.
Criminal Justice: The Non-System

Non-System because:
Criminal Justice system is a loose
confederation of many independent
agencies.
I.e. municipal courts, state courts, federal
courts; local, state, federal law
enforcement;
1.
Criminal Justice: The Non-System
2.
As a “smoothly operating set of
arrangements and institutions directed
toward the achievement of common
goals”, criminal justice system is NOT.
Often there are competing goals, objectives,
overlaps in jurisdiction, politically
directed emphasis, i.e. drunk driving.
Packer’s Two Models of Criminal
Justice
Two Models of Criminal Justice

Due Process Model p.18 – “Obstacle
Justice”
– Doctrine of legal guilt – not guilty unless
factual guilt is determined in a procedurally
regular fashion. (Tends to Protect suspects)
– Attempts to overcome issues of intelligence of
suspect, financial resources for
representation.
Two Models of Criminal Justice

Crime Control Model p.17 – “assembly-line
justice” controlling criminal behavior is the
most important function of criminal
justice.
– Efficient process resulting in quick closure,
– “Presumption of guilt”
Due Process vs. Crime Control
Since the mid-1970s the crime control
model has dominated the practice of
criminal and juvenile justice in the United
States.
 But elements of the due process model
remain evident in the process of justice.
 How long this present trend will continue
is anybody’s guess.

CJS Models: Know the Difference?
Criminal Justice Logjam
•As Budgets Shrink, Cities See an Impact on Criminal Justice (Jun 7, 2003)
•Criminal Justice Failure (Aug 6, 2002) •Britain Plans Criminal Justice Changes to
Favor the Victims (Jul 18, 2002)
Find more related articles by selecting from the
following topics: Criminology Social Sciences Track a subject by e-mail
o the Editor:
It is disconcerting that the number of Americans under control of the criminal justice
system - in prison, on probation or on parole - has risen once again, this year
approaching nearly seven million ("U.S. 'Correctional Population' Hits New High,"
news article, July 26).
Taxpayers spend more than $50 billion a year to incarcerate more than two million
people, making America the world's No. 1 jailer. Yet the Bureau of Justice Statistics
shows that two-thirds of inmates are back behind bars within three years of release.
A better approach would be to lock up fewer people for shorter periods of time and use
the cost savings to bolster academic, vocational and substance abuse programs
behind bars. That way, ex-offenders will have the tools they need to lead law-abiding
lives on the outside.
Jennifer R. Wynn
Adjunct Professor
John Jay College of Criminal Justice
Brooklyn, July 26, 2004
Costs of Criminal Justice
Each year in the United States an enormous
amount of money is spent on criminal justice.
 In 1999, local, state, and federal governments
spent a total of $146 billion in direct
expenditures for the civil and criminal justice
systems.
 That represents approximately $525 for every
resident of the United Sates.
 See Table 1.2, p.20.

Costs of Criminal Justice
Of all government
expenditures, Criminal
Justice only accounts for
8%.
 Police Protection – 70%
local government
 Corrections – States 63%
 Judicial/Legal Services –
35% States

Myths about Criminal Justice

Our text concentrates on dispelling myths
about the criminal justice system.

What myths have we dispelled?

Government budget allocations for CJS
accounts for a bulk of all expenditures?
Media & CJS
Media & CJS

The sensational crimes reported by the
media do not provide a very accurate
picture of the crimes typically committed
nor do they accurately depict the kinds of
crime to which police respond on a daily
basis.
Media & CJS: Discussion
What did you learn from your project
assignments?
 Do you feel that the crime related stories
provided enough information for you to
determine guilt or innocence?
 Does the news media provide clear, and
accurate information?

Media & CJS
The media does not accurately reflect the
typical calls that police respond to, nor
does television coverage of trials, etc.,
accurately reflect the courts, (90% plea
bargain)
 Does this media attention “help” or “hurt”
the criminal justice system operation?

Review

Institution of social control – what is it?
And know some examples.
– How does CJS differ from other institutions of
social control (2 reasons)

Know the Models of Criminal Justice
– Which one is the predominant today?
– Key differences
Review
Media & CJS
 Corrections – 5 methods
 Costs of Criminal Justice

– Who pays most for police?
– Who pays most for corrections?
 Charging Documents
 Have a general knowledge of the CJS “Process”,
chart in text, pp. 10-11.
Next Week
Review the online materials related to
Uniform Crime Reports,
 View the Department of Justice, FBI,
Uniform Crime Reports web-site.
