The History, Scope and Structure of the United States Criminal Justice System

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  • The History, Scope and Structure of theUnited States Criminal Justice System

  • U.S. Criminal Justice SystemHistoryEarly Foundations:Kin Policing SystemCode of HammurabiJustinian Code 700 BCWatch & Ward 1285 ADAmerican Colonies - Decentralization - Puritanism - The Watch Boston 1636Sir Robert Peel - England 1829

  • Criminal Justice in AmericaPresented to theCJ 694 Comparative SystemsByDr. Richard H. WardCriminal Justice CenterSam Houston State University

  • U.S. Criminal Justice SystemEntry into System

  • U.S. Criminal Justice SystemHistoryUnited States:First U.S. PD established in Philadelphia 1833First State Police 1835 Texas Rangers

  • U.S. Criminal Justice SystemHistoryUnited States:First U.S. PD established in Philadelphia 1833First State Police 1835 Texas Rangers LAPD established 1877

  • U.S. Criminal Justice SystemHistoryUnited States:First U.S. PD established in Philadelphia 1833First State Police 1835 Texas Rangers LAPD established 1877ISP established 1922First Police Academy in San Francisco 1636

  • U.S. Criminal Justice SystemHistoryThree Eras in American Policing:Political Era 1840 to 1920

  • U.S. Criminal Justice SystemHistoryThree Eras in American Policing:Political Era 1840 to 1920 Professional Era 1920 to 1970

  • U.S. Criminal Justice SystemHistoryThree Eras in American Policing:Political Era 1840 to 1920 Professional Era 1920 to 1970Community Era 1970 -

  • U.S. Criminal Justice SystemHistory

    American Policing Today:18,760 police agencies796,518 sworn officers200,000 civiliansbudgets total $51 billion10 million arrests per year

  • U.S. Criminal Justice SystemCharacteristics of Law Enforcement Agencies76% of U.S police agencies employ fewer than 100 sworn officers23% employ 100 to 1,000 officersOnly 1% of the nations police departments employ over 1,000 officers1%23%76%

  • U.S. Criminal Justice SystemCharacteristics of Law Enforcement Agencies

    Federal

    State

    County

    Municipal

    Director

    Appointed by President

    Confirmed by Senate

    Appointed by

    State Governor

    Elected by

    County Residents

    Appointed by

    Mayor or by

    City Manager

    Personnel

    Civil Service

    Hiring System

    Civil Service

    Hiring System

    Civil Service

    Hiring System

    Civil Service

    Hiring System

    Education

    College Degree

    High School

    Some College

    High School

    Some College

    High School

    Some College

    Training

    10 to 16 week

    intensive academy

    12 to 20 week

    intensive academy

    12 to 20 week

    intensive academy

    12 to 28 week

    intensive academy

    Jurisdiction

    Enforce federal

    Statutes

    Enforce state law

    & traffic

    enforcement

    Enforce state law

    & county code

    Enforce state law

    county & city code

  • U.S. Criminal Justice SystemSpecialized Law Enforcement AgenciesFederal:Federal Bureau of InvestigationDrug Enforcement AdministrationBureau of Alcohol, Tobacco & FirearmsU.S. Secret ServicePostal InspectionState & Local:Housing PoliceTransit PoliceSchool District PolicePort Authority PoliceFish & WildlifeWater Reclamation

  • U.S. Criminal Justice System Prosecution and Adjudication

  • U.S. Criminal Justice SystemHistorical RootsEnglish Common LawAdversarial System - District Attorney - Public DefenderState SovereigntyAdoption of the U.S. Constitution in 1789 imposed federal on top of local system

  • U.S. Criminal Justice SystemHistorical RootsRights protected by the U.S Constitution:Right to Due ProcessRight to CounselRight Confront WitnessesRight to a Speedy TrialRight Against Self-IncriminationRight Against Unreasonable Search & Seizure

  • U.S. Criminal Justice SystemStructure of the Legal System

    Justice

    Court

    Municipal

    Court

    District

    Court

    of Appeal

    State

    Supreme

    Court

    U.S.

    Supreme

    Court

    Jurisdiction

    City or town with population under

    40,000 residents

    City or town with population over

    40,000 residents

    County

    State

    Nation

    Function

    First Instance:

    Minor civil cases.

    Misdemeanors,

    Preliminary

    Hearings

    First Instance:

    Minor civil cases.

    Misdemeanors,

    Preliminary

    Hearings

    Appellate:

    Justice &

    Municipal

    First Instance:

    Felonies

    Juveniles,

    Child Neglect

    Appellate:

    Statewide

    Plus all automatic

    Death penalty appeals

    Nationwide

    Appellate

    Authority

  • U.S. Criminal Justice SystemCorrections

  • U.S. Criminal Justice SystemHistory of CorrectionsColonial Period:Public HumiliationMutilation & BrandingImprisonment - those awaiting trail - debtors - vagrantsCounty Houses of Correction established - Massachusetts Bay 1673 - Pennsylvania 1682

  • U.S. Criminal Justice SystemHistory of CorrectionsPublic Flogging circa 1776

  • U.S. Criminal Justice SystemHistory of CorrectionsCounty Work House circa 1776

  • U.S. Criminal Justice SystemHistory of CorrectionsColonial Debtors Prison circa 1

  • U.S. Criminal Justice SystemHistory of Corrections18th & 19th Century:Theocracy weakenedLess emphasis on public humiliationPrisons became centerpiece of systemState Penitentiaries established in - Pennsylvania 1776 - Massachusetts 1805

    Walnut Street Jail was the first facilityused as a penitentiary circa 1776

  • U.S. Criminal Justice SystemHistory of CorrectionsNewgate Prison circa 1776

  • U.S. Criminal Justice SystemScope of Corrections TodayCosts of Incarceration:$25,000 per inmate per year$69,000 per elderly inmatelife term = $1.5 millionnew cell = $100,000

  • U.S. Criminal Justice SystemScope of Corrections Today

    Prison population:2 million people incarcerated4.8 million on parole or probationOver 6.5 million, or 3% of the population under supervision of criminal justice system11 million people are booked each year (admitted to a locked facility)

  • U.S. Criminal Justice SystemStructure of Corrections

    Jails

    Prisons (State)

    Prisons (Federal)

    # of Inmates

    665,475

    1,367,856

    146,596

    Jurisdiction

    Cities, Counties

    States

    U.S. Government

    Characteristics of

    Facility

    Usually holds persons

    awaiting trial &

    sentenced under 1 year

    Usually holds persons

    sentenced over 1 year

    Persons convicted of

    Federal offenses

    regardless of sentence

    Characteristics of

    Inmate Population

    2/3 in custody for

    non-violent offenses.

    Half are awaiting trial.

    10 million admissions.

    53% of inmates are

    serving sentences

    for non-violent

    offenses

    89% non-violent.

    2/3 are convicted of

    drug offenses.

  • U.S. Criminal Justice SystemPrison Population

  • U.S. Criminal Justice SystemSize & ScopeAmerican adults touched by criminal justice system on any given day1 in 142 incarcerated1 in 38 under correctional supervision1 in 28 admitted to jail in course of a yearPolice maintain 50 million criminal records

  • U.S. Criminal Justice SystemAlternatives to IncarcerationProbationIntensive ProbationDay Reporting CentersHalfway HousesBoot CampsFines & RestitutionCommunity ServiceHome Detention

  • U.S. Criminal Justice SystemCrime Trends: Offenses

    Felony:

    Offense punishable by more than one year in custody

    Misdemeanor:

    Offense punishable by less than one year in custody

  • U.S. Criminal Justice SystemCrime Trends: Two Reporting Structures

    Uniform Crime Reports

    Tabulated by FBI based on annual arrest figures from each jurisdiction

    National Crime Victims Survey

    Tabulated by the Census Bureau based on random sample survey

  • U.S. Criminal Justice SystemCrime Trends: Number of Offenses in millionsTotal Crime is down 12 % from its peak in 1991

  • U.S. Criminal Justice SystemCrime Trends: Number of Offenses in millionsAssault 8%Burglary 19.4%Motor VehicleTheft 11%

  • U.S. Criminal Justice SystemCrime Trends: Number of Homicides per YearHomicides down 27% from peak of 24,700 murders in 1991

  • U.S. Criminal Justice SystemCrime Rate versus Other CountriesExcept for murder, victimization rates in theU.S. are in line with other developed countries

  • U.S. Criminal Justice SystemCrime Trends: Number of Offenses in millionsJuvenile Crime is increasing at an alarming rate...

  • U.S. Criminal Justice SystemCrime Trends: Number of Offenses in millionsJuvenile Crime is increasing at an alarming rate...

  • U.S. Criminal Justice SystemJuvenile Arrests as % of Total, by Crime

  • U.S. Criminal Justice SystemScope of System TodayCosts of Crime:$50 billion per year in lost revenue$5 billion in health care costs $65 billion spent on private security

  • U.S. Criminal Justice SystemCrime TrendsFor the last several years we have seen a dramatic decrease in crime throughout the CountrySome Reasons Why:community policing strategies- more cops on the street- problem solving approachincrease in prison population (3 strikes)demographic shift (less juveniles)

  • U.S. Criminal Justice SystemCommunity PolicingAn Alternative Policing Strategy...Addresses underlying conditions that create crimeRequires officers to draw on wid