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

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

U.S. Criminal Justice SystemHistory

Early Foundations: Kin Policing System Code of Hammurabi Justinian Code 700 BC Watch & Ward 1285 AD American Colonies - Decentralization - Puritanism - “The Watch” Boston 1636 Sir Robert Peel - England 1829

Criminal Justice in America

Presented to the

CJ 694 – Comparative Systems

By

Dr. Richard H. Ward

Criminal Justice Center

Sam Houston State University

U.S. Criminal Justice SystemEntry into System


United States: First U.S. PD established

in Philadelphia 1833 First State Police 1835

Texas Rangers




Texas Rangers LAPD established 1877




Texas Rangers LAPD established 1877 ISP established 1922 First Police Academy in

San Francisco 1636


Three Eras in American Policing: Political Era 1840 to 1920


Three Eras in American Policing: Political Era 1840 to 1920 Professional Era 1920 to 1970


Three Eras in American Policing: Political Era 1840 to 1920 Professional Era 1920 to 1970 Community Era 1970 -


American Policing Today: 18,760 police agencies 796,518 sworn officers 200,000 civilians budgets total $51 billion 10 million arrests per year

U.S. Criminal Justice SystemCharacteristics of Law Enforcement Agencies

76% of U.S police agencies employ fewer than 100 sworn officers

23% employ 100 to 1,000 officers

Only 1% of the nation’s police departments employ over 1,000 officers

1%23%

76%

U.S. Criminal Justice SystemCharacteristics of Law Enforcement Agencies

Federal State County Municipal

Director Appointed byPresidentConfirmed bySenate

Appointed byState Governor

Elected byCounty Residents

Appointed byMayor or byCity Manager

Personnel Civil ServiceHiring System

Civil ServiceHiring System



Education College Degree High SchoolSome College

High SchoolSome College

High SchoolSome College

Training 10 to 16 weekintensive academy

12 to 20 weekintensive academy



Jurisdiction Enforce federalStatutes

Enforce state law& trafficenforcement

Enforce state law& county code

Enforce state lawcounty & city code

U.S. Criminal Justice SystemSpecialized Law Enforcement Agencies

Federal: Federal Bureau of

Investigation Drug Enforcement

Administration Bureau of Alcohol,

Tobacco & Firearms U.S. Secret Service Postal Inspection

State & Local: Housing Police Transit Police School District Police Port Authority Police Fish & Wildlife Water Reclamation

U.S. Criminal Justice System Prosecution and Adjudication

U.S. Criminal Justice SystemHistorical Roots

English Common Law Adversarial System - District Attorney - Public Defender State Sovereignty Adoption of the U.S.

Constitution in 1789 imposed federal on top of local system

U.S. Criminal Justice SystemHistorical Roots

Rights protected by the U.S Constitution: Right to Due Process Right to Counsel Right Confront Witnesses Right to a Speedy Trial Right Against Self-Incrimination Right Against Unreasonable Search & Seizure

U.S. Criminal Justice SystemStructure of the Legal System

JusticeCourt

MunicipalCourt

DistrictCourtof Appeal

StateSupremeCourt

U.S.SupremeCourt

Jurisdiction City or town withpopulation under40,000 residents

City or town withpopulation over40,000 residents

County State Nation

Function First Instance:Minor civil cases.Misdemeanors,PreliminaryHearings

First Instance:Minor civil cases.Misdemeanors,PreliminaryHearings

Appellate:Justice &MunicipalFirst Instance:Felonies’Juveniles,Child Neglect

Appellate:StatewidePlus all automaticDeath penaltyappeals

NationwideAppellateAuthority

U.S. Criminal Justice SystemCorrections

U.S. Criminal Justice SystemHistory of Corrections

Colonial Period: Public Humiliation Mutilation & Branding Imprisonment - those awaiting trail - debtors - vagrants County Houses of

Correction established - Massachusetts Bay 1673 - Pennsylvania 1682


Public Flogging circa 1776


County Work House circa 1776


Colonial Debtors Prison circa 1


18th & 19th Century: Theocracy weakened Less emphasis on public humiliation Prisons became centerpiece of system State Penitentiaries established in - Pennsylvania 1776 - Massachusetts 1805

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


Newgate Prison circa 1776

U.S. Criminal Justice SystemScope of Corrections Today

Costs of Incarceration: $25,000 per inmate per year

$69,000 per elderly inmate

life term = $1.5 million

new cell = $100,000

U.S. Criminal Justice SystemScope of Corrections Today

Prison population: 2 million people incarcerated 4.8 million on parole or probation Over 6.5 million, or 3% of the

population under supervision of criminal justice system

11 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

0

200000

400000

600000

800000

1000000

1200000

1400000

1600000

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

State & Federal Jails

U.S. Criminal Justice SystemSize & Scope

American adults touched by criminal justice system on any given day… 1 in 142 incarcerated 1 in 38 under correctional supervision 1 in 28 admitted to jail in course of a year Police maintain 50 million criminal records

U.S. Criminal Justice SystemAlternatives to Incarceration

Probation Intensive Probation Day Reporting Centers Halfway Houses Boot Camps Fines & Restitution Community Service Home Detention

U.S. Criminal Justice SystemCrime Trends: Offenses

Felony: Offense punishable bymore than one year incustody

Misdemeanor: Offense punishable byless than one year incustody

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

Uniform CrimeReports

Tabulated by FBI basedon annual arrest figuresfrom each jurisdiction

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TTaabbuullaatteedd bbyy tthheeCCeennssuuss BBuurreeaauu bbaasseedd oonnrraannddoomm ssaammppllee ssuurrvveeyy

U.S. Criminal Justice SystemCrime Trends: Number of Offenses in millions

0

2

4

6

8

10

12

14

16

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997

Total Crimes Violent Crimes

Total Crime is down 12 % from its peak in 1991


Assault 8%

Burglary 19.4%

Motor VehicleTheft 11%

U.S. Criminal Justice SystemCrime Trends: Number of Homicides per Year

0

20

40

60

80

100

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

East

West

North

Homicides down 27% from peak of 24,700 murders in 1991

U.S. Criminal Justice SystemCrime Rate versus Other Countries

0

0.5

1

1.5

2

2.5

3

Assault Robbery Car Theft

United States Canada Spain Australia England

Except for murder, victimization rates in theU.S. are in line with other developed countries


0

5

10

15

20

25

30

35

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997

Property Crime Violent Crimes

Juvenile Crime is increasing at an alarming rate...


Juvenile Crime is increasing at an alarming rate...

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

0 20 40 60 80 100

Auto Theft

Theft

Assault

Robbery

Rape

Murder

Under 15 15 to 17 18 to 21 21 +

U.S. Criminal Justice SystemScope of System Today

Costs 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 Trends

For the last several years we have seen a dramatic decrease in crime throughout the Country…

Some Reasons Why:

community policing strategies- more cops on the street- problem solving approach

increase in prison population (3 strikes) demographic shift (less juveniles)

U.S. Criminal Justice SystemCommunity Policing

An Alternative Policing Strategy... Addresses underlying conditions that create crime Requires officers to draw on wide range of resources Pushes decision making down through the ranks Emphasizes problem solving approach Recognizes expertise of line officers Greater public involvement

U.S. Criminal Justice SystemCommunity Policing

Case Study - Joliet, IL:

After Year I... Homicide down 25% Part I crimes down 10% All other crime down 5%

“community involvementled directly to major drugand gang related arrests…”

U.S. Criminal Justice SystemPrivatization

Growing fear of crime and dissatisfaction with municipal enforcement prompted upsurge in private security…

Consumers and businesses spend $65 billion per year on private security

By the year 2000 there will be 3 private security officers for every 1 sworn police officer

U.S. Criminal Justice SystemTechnology

High-Tech Crime Fighting: DNA Typing AFIS Crime Analysis Surveillance LoJack Systems GPS Technology Video-equipped Cars Electronic Monitoring

U.S. Criminal Justice SystemInternational Cooperation