THE CRIMINAL JUSTICE SYSTEM

The Criminal Justice System

Anaya R. Corbray

Administration of Justice, Citrus College

AJ101: Intro to Criminal Justice

Henry Provencher

November 20, 2021

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THE CRIMINAL JUSTICE SYSTEM

The Criminal Justice System

The main divisions of the criminal justice system are law enforcement, correctional agencies and criminal courts. Together

these divisions make up what we call a consensus model. A consensus model assumes that in unison the criminal justice system will

succeed in creating “justice”. The criminal justice system has yet to be perfected, but with cooperation from all three divisions we

can envision a light & predictable blueprint.

Law Enforcement

In attempts to create a perfect criminal justice system we start off with law enforcement. Locally known as the “police'', they

are responsible for the initial part of enforcing the law. Enforcing a law comes with many other things like investigating crimes when

discovered. This process includes gathering evidence that lead-up to the crime. Together the police will put together a sequence of

events, attempt to identify the suspects included and conclude a decision. When a decision needs to be made on arresting a person or

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searching a premises a warrant is needed from a judge. A warrant is a document authorizing the police to make an arrest, search a

premises, or perform any other actions relating to administration of justice. Next, the police are responsible for a serious step in their

process. Performing this process is apprehending an offender, also known as making an “arrest”. In the event of an arrest, a person is

taken into custody and given their Constitutional or Miranda rights during arrest and before questioning. The freedom of the suspect

being arrested will be limited until further notice. Following up with arrest, suspects are then booked. The process of being booked is

essentially being “checked in'' and is an administrative procedure. This process includes collecting photos, fingerprints, and personal

information of the suspect. In some cases DNA will be collected, but in all cases a record of events and the actual arrest will be

documented. Enforcing the law and investigating crimes can be viewed as the major roles of law enforcement, however they have

many roles to play in the community. Some core responsibilities are reducing and preventing crime, maintaining public order,

ensuring community safety, providing energy and related community services, and protecting the fundamental rights and freedom of

individuals.

Criminal Courts

To begin with introducing the criminal courts let’s revisit the process of “booking”. Within hours or at least days after a suspect has

been booked they will make their first appearance to a magistrate. A magistrate is a judicial officer. During this first appearance the

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judge will identify the charges against the suspect and inform them of their rights. In some cases a bail opportunity is provided;

release on payment. After the first appearance the next step is a preliminary hearing. The purpose of this step is to conclude whether or

not enough evidence is present to convict the suspect. In some cases an indictment is required and performed by a grand jury. This

grand jury will take the evidence provided and decide if the case should go to trial. If the strength of evidence is enough and the

courts decide to go to trial, the suspect will then stand before a judge to hear an indictment against him/her. During this process the

suspect is asked to give a plea after being told their rights. The plea can be not guilty, guilty or no contest. Although no contest can not

be used for an admission to guilt in a trial, it can still lead to convictions. In most trials a jury will decide whether or whether not a

suspect is guilty while the judge carries out the fairness of the proceedings. After the suspect has been convicted, the judge will make

the determination for his/her degree of punishment.

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 Correctional Agencies

The corrections period begins after the sentencing of the suspect. Corrections can include many different sentences against the

suspect. Fortunately, everyone who has been convicted of a crime doesn’t go to prison. Probation is introduced to offenders

with the requirements of checking in with a probation officer regularly. Probation are restrictions against an offender for a

period of time. If and after an offender has served a portion of their prison term they’re able to be released on parole. Similarly,

parole is an early release from prison while probation is used instead of jail time. In both, parole and probation the offender is

required to check in and follow certain restrictions.

Working Together Conclusion

To ensure the three major justice systems can deliver constitutional protection they work side-by-side to process crimes. A

case will begin with the police, who will conduct an investigation and get evidence regarding the case at hand. The case will continue

with the courts, who will in return take the evidence gathered from the police and determine if the suspect is guilty or not. In the case

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the suspect is guilty, the correctional officers will incarcerate the suspect to correct the behavior. These divisions help identify the

guilty from the innocent.

References: Schmalleger, Frank. Criminal justice; a brief introduction. Chapter 10, pages from 1-10