CHAPTER 2 CRIMINAL JUSTICE

The modern criminal justice system has evolved since ancient times, with new forms of punishment, added rights for offenders and victims, and policing reforms. These developments have reflected changing customs, political ideals, and economic conditions. In ancient times through the Middle Ages, exile was a common form of punishment. During the Middle Ages, payment to the victim (or their family , !nown as wergild, was another common punishment, including for violent crimes. "or those who could not afford to #uy their way out of punishment, harsh penalties included various forms of corporal punishment. These included mutilation, #randing, and flogging, as well as execution. Though a prison, $e %tinche, existed as early as the &'th century in "lorence, Italy (&), incarceration was not widely used until the &*th century. +orrectional reform in the ,nited %tates was first initiated #y -illiam .enn, towards the end of the &/th century. "or a time, .ennsylvania0s criminal code was revised to for#id torture and other forms of cruel punishment, with jails and prisons replacing corporal punishment. These reforms were reverted, upon .enn0s death in &/&1. ,nder pressure from a group of 2ua!ers, these reforms were revived in .ennsylvania toward the end of the &1th century, and led to a mar!ed drop in .ennsylvania0s crime rate. 3ohn 4oward undertoo! important studies of prisons during the &//5s in the ,nited 6ingdom,(7) and .atric! +ol8uhoun, 4enry "ielding and others lead significant reforms during the late eighteenth and early nineteenth centuries.
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MODERN POLICE
The first modern police force was esta#lished in $ondon in &17*, #y %ir :o#ert .eel, with police departments esta#lished in ;oston in &191, and <ew =or! +ity in &1''. >arly on, police were not respected #y the community, as corruption was rampant. In the &*75s, led #y ;er!eley, +alifornia police chief, August ?ollmer and @.-. -ilson, police #egan to professionaliAe, adopt new technologies, and place emphasis on training and professional 8ualifications of new hires. Despite such reforms, police agencies were led #y highly autocratic leaders, and there remained a lac! of respect #etween police and the community. "ollowing ur#an unrest in the &*B5s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted community policing strategies.

In the &**5s, +omp%tat was developed #y the <ew =or! .olice Department as an informationC#ased system for trac!ing and mapping crime patterns and trends, and holding police accounta#le for dealing with crime pro#lems. +omp%tat has since #een replicated in police departments across the ,nited %tates and around the world, with pro#lemCoriented policing and other informationCled policing strategies also adopted. In the ,nited %tates, criminal justice policy has #een guided #y the &*B/ .resident0s +ommission on $aw >nforcement and Administration of 3ustice, which issued a groundC#rea!ing report DThe +hallenge of +rime in a "ree %ociety.D This report suggested over 755 recommendations as part of a comprehensive approach toward the prevention and fighting of crime. %ome of those recommendations found their way into the @mni#us +rime +ontrol and %afe %treets Act of &*B1. The +ommission advocated a DsystemsD approach to criminal justice, with improved coordination among law enforcement, courts, and correctional agencies. (') The .resident0s +ommission defined the criminal justice system as the means for society to Denforce the standards of conduct necessary to protect individuals and the communityD.(E) The criminal justice system in the ,nited 6ingdom aims to Dreduce crime #y #ringing more offences to justice, and to raise pu#lic confidence that the system is fair and will deliver for the lawCa#iding citiAen.D (B) In +anada, the criminal justice system aims to #alance the goals of crime control and prevention, and justice (e8uity, fairness, protection of individual rights .(/) In %weden, the overarching goal for the criminal justice system is to reduce crime and increase the security of the people.

JUSTICE
@ne 8uestion which is presented #y the idea of creating justice involves #alancing the rights of victims and the rights of accused criminals, and how these individual rights are related to one another and to social control. It is generally argued that victim0s and defendant0s rights are inversely related, and individual rights, as a whole, are li!ewise viewed as inversely related to social control. :ights, of course, imply responsi#ilities or duties, and this in turn re8uires a great deal of consensus in the community regarding the appropriate definitions for many of these legal terms.

CRIME CONTROL
+rime control involves going after criminal offenders, through arrest, prosecution, criminal conviction, and punishment. (1)

THEORIES OF CRIMINAL JUSTICE

+riminal justice policy is influenced #y philosophies held #y politicians, which may #e influenced #y criminological theories and research, among other factors. Two important perspectives include the crime control model and the due process model.(*) There are several other #asic theories regarding criminal justice and its relation to individual rights and social controlF

:estorative justice assumes that the victim or their heirs or neigh#ors can #e in some way restored to a condition Djust as good asD #efore the criminal incident. %u#stantially it #uilds on traditions in common law and tort law that re8uires all who commit crimes to #e penaliAed. In recent time these penalties that restorative justice advocates have included community service, restitution, and alternatives to imprisonment that !eep the offender active in the community, and reC socialiAe him into society. %ome suggest that it is a wea! way to punish criminals who must #e deterred. These critics are often proponents of retri#utive justice. :etri#utive justice or the Deye for an eyeD approach assumes that the victim or their heirs or neigh#ors have the right to do to the offender what was done to the victim. These ideas fuel support for capital punishment for murder, amputation for theft (as in some versions of the sharia . .sychiatric imprisonment treats crime nominally as illness, and assumes that it can #e treated #y psychotherapy, drugs, and other techni8ues associated with psychiatry and medicine, #ut in forci#le confinement. It is more commonly associated with crime that does not appear to have animal emotion or human economic motives, nor even any clear #enefit to the offender, #ut has idiosyncratic characteristics that ma!e it hard for society to comprehend, thus hard to trust the individual if released into society. Transformative justice does not assume that there is any reasona#le comparison #etween the lives of victims nor offenders #efore and after

the incident. It discourages such comparisons and measurements, and emphasiAes the trust of the society in each mem#er, including trust in the offender not to reCoffend, and of the victim (or heirs not to avenge. In addition, there are models of criminal justice systems which try to explain how these institutions achieve justiceF

The +onsensus Model argues that the organiAations of a criminal justice system do, or should, cooperate. The +onflict Model assumes that the organiAations of a criminal justice system do, or should, compete.

CRIMINAL JUSTICE SYSTEM

The criminal justice system consists of law enforcement (police , courts, and corrections. +riminal justice agencies operate within rule of law.

Law enforcement -hile the police wor! towards crime prevention, they are also involved with crime control, and handle cases initially when crime occurs. The police will conduct a crime investigation, gather evidence, and identify suspect(s . The first contact the offender has with the criminal justice system is with the police who ma!e the arrest. .ro#a#le cause is necessary for the police to ma!e an arrest, and ta!e the suspect into custody. The suspect undergoes #oo!ing, a process which may involve fingerprinting, ta!ing mugshots, and interrogation. In addition to preventing and dealing with crimes that occur, police also provide pu#lic safety services, such as directing traffic, providing emergency medical services, and helping people in other ways.

Court
Given sufficient evidence, the case will #e handed over to the prosecutor who may then file a complaint. The case will then go #efore a grand jury in a preliminary hearing. If the grand jury finds pro#a#le cause, the suspect will #e arraigned with formal charges filed, and #ail set. "ollowing the arraignment, plea #argaining may occur with the suspect pleading guilty in exchange for a more lenient sentence. @therwise, the case will move forward to trial. If the defendant is found guilty, disposition is the

next step with the sentencing determined. The case may then #e appealed at higher courts.

Correct!on
@ffenders are then turned over to the correctional authorities. The offender may #e sentenced to pro#ation, incarceration in a prison or jail, community supervision, or some other form of sentencing. Although the term corrections is used, it is not widely representative of the model followed #y the American justice system since the &*B5s and the change from the -arren court. +ritics have proclaimed that the current model is not a#out correcting #ehavior and achieving reha#ilitation, #ut instead is a source of vindication for punishment towards offenders. They often cite the lac! of institutionaliAed support of correctional programs within incarcerating sentences

Pro"at!on
.ro#ation involves a contract #etween the offender and the court, that allows the offender to remain in the community under promises of good #ehavior and to adhere to conditions set forth #y the court. There are several types of pro#ation depending upon the severity of the crime, ranging from unsupervised pro#ation that re8uires only monthly payments to supervised pro#ation which allows for closer oversight #y the pro#ation officer. Those who are sentenced to supervised pro#ation are considered to #e more prone to continue in ris!y #ehaviors.

A#ternat!$e anct!on
@ther possi#le sanctions, short of incarceration, include fines, forfeiture, restitution, and community corrections (e.g. residence in a halfway house . Incarcerat!on .risons are the primary type of institution for housing offenders, convicted of felonies. In the ,nited %tates, prisons are operated #y the state and "ederal government.

.risons are not synonymous with jails, which are detention facilities run #y local jurisdictions, including county and municipal governments. 3ails are used to detain suspects prior to trial, if they are ineligi#le or cannot afford #ond. 3ails also house offenders convicted of misdemeanors, with short sentences (usually, a year or less . In the ,nited %tates, separate facilities are used to house male and female offenders, as well as juvenile offenders. .risons also have varying levels of security, ranging from minimumCsecurity prisons that mainly house nonCviolent offenders, mediumCsecurity facilities, and maximumCsecurity prisons for potentially dangerous inmates. ,pon serving the sentence or through parole, the offender is then released into the community.

Cr!t!c! m of t%e cr!m!na# &u t!ce ' tem

In a Toronto Star report, the former Thunder ;ay chief of police $eo ToneguAAi, once 8uoted as saying, D-e !now we are not perfect, we are always loo!ing for improvementsD spea!ing a#out the police force, added support to =or! :egion police chief 3ulian "antino, who was 8uoted as saying DIt isn0t fixed and it needs to #e fixedD in reference to the criminal justice system0s unfair practices to police officers relative to criminals. (&5) A former consta#le of the +ity of Thunder ;ay police force commented that he had discovered that there was an implied two tiers of the justice system H one for the common fol! and another for those persons of IprominenceJ who actually thought they were a#ove the law, due to their position of power or stature within society, or social clu#. (&&) Time and situations change the level of integrity and justice within any legal system as it relates to the various players within the system and the community at large.

Ca(!ta# (un! %ment

In some countries, sanctions #eyond incarceration include execution. -hile many countries have severed their use of the death penalty, America has recently increased the rate at which those sentenced to the capital

crimes are put to death. In some states, particularly "lorida and Texas, recent laws have #een passed to ena#le the amount of time individuals spend on death row to #e reduced and to expedite the process. +ritics of capital punishment often cite the ineffectual cost difference #etween life in prison and death as a reason for its a#olishment.