Introduction to Criminal Justice

No doubt you're aware of the criminal justice system on some level.

It's easy to glean some of its essential functions from all the crime shows on television. But it's worthwhile understanding the design on a deeper level. So, here's an introduction to criminal justice.

The criminal justice system in the United States is complex, with an ever-evolving system of laws, institutions, and practices. Its core purpose is to protect the public, ensure justice for victims, and rehabilitate offenders. So, it's not surprising that it faces ongoing challenges and scrutiny.

Despite those challenges, the criminal justice system plays a vital role. It not only seeks to deliver justice for victims but also seeks to protect the rights of the accused.

The system relies on three primary layers --the police, courts, and corrections. It includes a series of steps along the way to accomplish its objectives.

Introduction to Criminal Justice - Its Structure

Few crimes fall under federal jurisdiction. Drug trafficking, white-collar crime, and kidnapping are some examples of federal crimes. Otherwise, state and local governments handle the response to most crimes.

For example, police protection is primarily a function of cities and towns. Corrections are mainly a state government function. And most criminal justice personnel reside at the local level.

State constitutions and laws define the criminal justice system within each state. The states then delegate responsibilities to various jurisdictions, officials, and institutions.

Municipal and county governments further define the system through local ordinances.

Introduction to Criminal Justice: The 3 Key Elements

The criminal justice system comprises law enforcement, the courts, and corrections. Here's a closer look at each.

Law Enforcement

Law enforcement is responsible for investigating crimes, apprehending suspects, and collecting evidence. Agencies include police departments, sheriff's offices, and state and federal law enforcement agencies.

The police and other law enforcement officers and agencies are the first responders to incidents and reports of crimes. Their primary roles include maintaining public order, preventing crimes, and apprehending offenders.

Courts

Court levels include local, state, and federal, varying degrees and types of cases. Their primary function is interpreting the law, ascertaining facts, and imparting justice impartially.

Judges oversee legal proceedings and apply applicable laws. Prosecutors represent the government, aiming to demonstrate the accused's guilt through presenting evidence and legal arguments. And criminal defense attorneys protect the rights of the accused.

State Courts

The court system is responsible for assessing criminal trials and ensuring due process. It determines the guilt or innocence of accused offenders. It also imposed sentencing for those found guilty.

Levels include state and federal courts. For example, the Pennsylvania Court System consists of three levels:

• • Minor courts
  • Courts of Common Pleas
  • Intermediate appellate courts

Appellate courts include the Commonwealth Court and the Superior Court. The Supreme Court of Pennsylvania exercises authority over all other courts.

Federal Courts

The federal court system has three primary levels:

• • District courts or trial courts
  • Circuit courts for appeals
  • Supreme Court of the United States for final appeals

Corrections

Corrections supervises and punishes criminal behavior and offenders. Agencies include prisons, jails, and probation and parole departments.

Prison systems range from minimum to maximum security, depending on the nature of the crime and the sentence duration.

The corrections system also seeks to rehabilitate offenders for re-entry into society once released. It provides educational programs, vocational training, therapy, and more to support that mission.

Introduction to Criminal Justice: The 10-Step Process

The criminal justice process represents a series of 10 steps. Those steps start at the beginning of a crime and end with punishment or release from prison.

Someone reports a crime to a police officer or other law enforcement official. Law enforcement agencies then investigate, gather evidence, identify suspects, and build a case to lead to an arrest potentially.

Following an arrest, the criminal cases go through 10 steps.

1. Filing of Charges: A prosecutor reviews the evidence and decides whether to file charges based on sufficient evidence.
2. Initial Appearance: The accused receives the charges against them in court. The judge also addresses bail and potential release until the trial during that appearance.
3. Preliminary Hearing: A preliminary hearing or grand jury proceeding determines if there is probable cause. If so, there's an arraignment.
4. Arraignment: The court tells the defendant the charges and asks for their plea - guilty, not guilty, or no contest. If the plea is not guilty, the judge sets a date for pretrial motions and the trial.
5. Discovery: The prosecution and criminal defense lawyer share evidence through discovery. Each side must disclose their evidence to each other. Then, each prepares their case. Preparation typically involves gathering additional evidence, interviewing witnesses, and developing a legal strategy.
6. Pretrial Motions: Both sides file pretrial motions to request specific actions before the trial. For example, a criminal lawyer may ask to dismiss parts of the case. They might also ask to exclude or include evidence or change the trial venue. The judge then rules on the motions.
7. Bench Trial: Both sides present opening statements to give the jury a road map for their case. The prosecution and defense attorney present evidence, call, and cross-examine witnesses. Both sides summarize their case, attempting to persuade the jury of their position. The jury then deliberates to reach a guilty or not-guilty verdict.
8. Post-Trial Motion: After the trial, if the jury finds the person guilty, the defense attorney can ask the judge to change the decision. The judge rules on the motion.
9. Sentencing: With a guilty verdict, both sides may offer sentencing recommendations. They can also present mitigating factors impacting sentencing. Afterward, the judge determines the appropriate punishment. It may include fines, probation, community service, or imprisonment.
10. Appeals: The criminal defense lawyer may appeal a guilty verdict, contesting the trial's fairness or the interpretation of the law. The appellate court reviews the case for legal errors and upholds or overturns the ruling.

Introduction to Criminal Justice: Its Challenges

With any complex system, challenges arise. And the criminal justice system is no different.

One of the more prominent issues is overcrowding in prisons. Unfortunately, the inmate population significantly exceeds the capacity and resources available. Sadly, the United States owns over 25% of the world's prison population.

In 2022, the inmate population was approximately 2.1 million. The good news is that it represents a decrease over the past decade. The bad news is that it still challenges the U.S. prison system.

The United States spends more than $80 billion per year on prisons (Bureau of Justice Statistics). Those monies support staffing and meeting the basic needs of the more than two million prison population. States spend more than $45,000 on average to keep each prisoner.

Racial Disparities in the Criminal Justice System

Overcrowding aside, racial disparities riddle the criminal justice system. For example, the NAACP reports that one out of every three Black boys born faces a potential prison sentence. That compares to one out of six Latino boys and one out of 17 White boys.

According to Pew Charitable Trusts, in 2022, Black people face a prison sentence four times more often than White people.

(C) 2023 The Pew Charitable Trusts

Recidivism in the Criminal Justice System

Another massive challenge facing the system is recidivism, those returning to prison after release. For example, a Pennsylvania study examined the concern.

It showed that of those inmates released from prison, 40% returned within a year. Nearly 65% returned within three years of release. Over half (54%) of parolees re-incarcerated within three years of release are re-incarcerated for a technical parole violation (TPV).

The issue impacts budgets dramatically. Prison re-entrants occupy more than half of PA DOC beds. They make up about $1.2 billion of the department's annual budget.

Montgomery County Criminal Defense Lawyers

It can be sobering if you're being introduced to the criminal justice system for an offense. It's not something you should face alone. You must find a criminal justice lawyer with the experience to handle your specific issue, whether drug charges, robbery, or worse.

Our criminal lawyers handle charges of all types. Equally important, they can conduct criminal trials at all court levels. So, call us immediately if a law enforcement professional charges you with a crime.

Our criminal law office is in Norristown, PA. However, we represent clients throughout southeastern Pennsylvania in Chester, Bucks, Philadelphia, and Delaware counties.