Chapter 1 Courts, Crime and Controversy LEARNING OBJECTIVES After reading this chapter, students should be able to: 1. Describe how the courts are related to the other components of the criminal justice system. 2. Discuss the major types of courts found in the United States. 3. Identify the most important actors in the courthouse. 4. List the steps in a typical felony prosecution. 5. Explain how a “law in action” perspective complements a “law on the books” approach to studying the criminal courts. 6. Distinguish between the crime control model of criminal justice and the due process model of criminal justice. KEY TERMS crime control model: A perspective on the criminal justice process which prioritizes the repression of criminal conduct. (20) criminal justice system: the numerous public agencies involved in implementing public policy concerning crime. (7) CSI effect: heightened juror expectations and demands for scientific evidence as a result of changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them. (5) due process model: A perspective on the criminal justice system which emphasizes protecting the rights of the individual. (21) felonies: crimes punishable by 1 year or more in prison in most states. (13) misdemeanors: crimes typically punishable by up to a year in local jails. (13) violations: crimes subject to a fine or short jail term (13) CHAPTER OUTLINE 1
I.
Courts and Crime B. Americans believe crime rates are too high C. Politicians promise to be “tough on crime” D. Prosecutors viewed as too willing to plea bargain E. Judges accused of being too lenient F. Appellate courts blamed for letting guilty criminals go free on technicalities II. Courts and the Criminal Justice System LO 1: Describe how courts are related to other components of the criminal justice system. A. Fighting crime is a major societal activity in which a great deal of money and people are invested B. An Interdependent Criminal Justice System 1. Police, courts, and corrections are separate government institutions with different goals, histories, and operating procedures; though separate, they are also tied together because they must interact with one another 2. Decisions made by the different institutions in the criminal justice systems affect the others C. A Fragmented Criminal Justice Nonsystem 1. Although the work of the police, courts, and corrections must, by necessity, overlap, this does not mean that their activities are coordinated or coherent 2. Fragmentation characterizes each component of the criminal justice system D. Tensions and Conflicts 1. Criminal justice is best viewed as a system and a nonsystem 2. Tensions and conflicts occur among the components of criminal justice III. An Overview of U.S. Courts LO2: Discuss the major types of courts found in the United States. A. Approximately 17,000 courthouses are operating in the United States B. Dual Court System C. Trial Courts 1. Major 2. Lower D. Appellate Courts IV. Identifying the Actors in the Courthouse LO3: Identify the most important actors in the courthouse. A. Prosecutors B. Defense Attorneys C. Judges D. Defendants and Victims
2
V. Following the Steps of the Process LO4: List the steps in a typical felony prosecution. A. Crime 1. Felonies 2. Misdemeanors 3. Violations B. Arrest C. Initial Appearance D. Bail E. Grand jury F. Preliminary Hearing G. Arraignment H. Discovery I. Pretrial Motions J. Plea Negotiations K. Trial L. Sentencing M. Appeal N. Case Close-Up: Brown v. Mississippi VI. Law on the Books LO5: Explain how a law in action perspective complements a law on the books approach to studying the criminal courts. VIII. Law in Action LO5: Explain how a law in action perspective complements a law on the books approach to studying the criminal courts. IX. Courts and Controversy LO6: Distinguish between the crime control model of criminal justice and the due process model of criminal justice. A. Crime Control Model 1. Repression of criminal conduct B. Due Process Model 1. Protecting the rights of the individual C. Shifting the Balance D. Courts, Controversy, & Reducing Crime 1. Is it time to end the war on drugs? X.
Media Depictions and Distortions of Criminal Courts A. Courts, Law, & Media 1. The Casey Anthony trial
CHAPTER SUMMARY 3
Newspapers dramatize the crime problem. Official government statistics document that levels of crime are high (but declining). Unofficial pollsters report that Americans believe crime rates are too high. Candidates for public office promise that, if elected, they will get tough on criminals. Government officials announce bold new programs to address the crime problem. Some of these programs work but most are not effective. A good deal of the political rhetoric about crime focuses on the criminal courts. Prosecutors, judges, and appellate courts (including the Supreme Court) are all viewed as being soft on crime. Many victims and witnesses are frustrated with the criminal justice process. Judges and defense attorneys—much more so than police chiefs and prison wardens—are blamed for high crime rates. Fighting crime is a major societal activity. Every year governments spend approximately $228 billion on the criminal and civil justice system in the United States (Bureau of Justice Statistics, 2011). These tax dollars support an enormous assortment of criminal justice agencies with a large number of employees. These government officials are quite busy. A substantial number of people are also employed in the private sector in positions related to dealing with crime (Hakim, Rengert, & Shachmurove, 1996; Ribovich & Martino, 2007). The public agencies involved in implementing crime policy, i.e., police, courts, and corrections, are referred to as the criminal justice system. The major components of the criminal justice system do not make up a smoothly functioning and internally consistent organization. The criminal justice system is both interdependent and fragmented. Viewing the various components of criminal justice as a total system highlights the fact that these different agencies are interdependent and interrelated. The courts play a pivotal role within the criminal justice system. Many formal actions pertaining to suspects, defendants, and convicts involve the courts, and the decisions that the courts make have important consequences for other components of the criminal justice system. The operations of law enforcement and corrections also have a major impact on the judiciary. The system approach dominates most contemporary thinking about criminal justice. But not everyone is convinced of the utility of this approach. Some people point to a nonsystem of criminal justice. What is most salient in the non-system is that each component of the criminal justice system is fragmented. The fragmentation within the three components of the non-system of criminal justice is further complicated by the decentralization of government. Criminal justice is best viewed as both a system and a non-system. Both interdependence and fragmentation characterize the relationships among the different agencies involved in apprehending, convicting, and punishing wrongdoers. These structural arrangements produce tension and conflict within each component. Tension and conflict also occur due to the sometimes conflicting goals of the various components of the criminal justice system. 4
By rough count there are approximately 17,000 courts operating in the United States. Courts are governmental organizations created to hear specific types of cases. Courts in the United States function in a separate or dual court system meaning that there are federal and state courts. There are many different types of courts on both the state and federal level, each serving a different function. Most courts are trial courts, which can be divided into major and lower. There are also appeals courts, which review decisions made by trial courts. Appellate courts are places where lawyers argue whether the previous decision correctly or incorrectly followed the law. Given the growing volume of cases, the federal government and most states have created two levels of appellate courts: intermediate courts, which must hear all appeals, and supreme courts, which pick and choose the cases they hear. Although the U.S. Supreme Court stands atop the organizational ladder, it hears only a handful of the cases filed each year. Its importance is measured not in terms of the number of cases decided, but in the wide-ranging impact these few decisions have on all stages of the process. Actors in the courthouse include both justice professionals and members of the public. The most important actors in the courthouse are the prosecutors, defense attorneys, judges, defendants, and victims. The amount of crime in the United States is difficult to quantify precisely. We know that it is high in comparison to other industrialized nations. Many crimes are never reported and therefore never make the official statistics. Most crimes involve burglary and theft. Legally, crimes fall into three categories: felonies (in most states punishable by one year or more in prison); misdemeanors (typically punishable by up to a one-year sentence in a local jail); and violations (subject to fine or a short jail term). There are a number of steps that occur in the criminal justice as seen below. Arrest: Every year the police make more than 12 million arrests for non-traffic offenses. Most are for minor crimes, but nearly 2.17 million involve serious crimes such as murder, rape, assault, robbery, burglary, and theft. Initial Appearance: An arrested person must be brought before a judge without unnecessary delay. Bail: The most important event that occurs during the initial appearance is the setting of bail. While most defendants have the right to post bail, this legal right is tied to the defendant’s economic status. Grand Jury: The grand jury is designed as a check on unwarranted prosecutions. In reality, grand juries are dominated by the prosecutor and generally indict whomever the prosecutor wants indicted. Preliminary Hearing: Like grand jury proceedings, preliminary hearings provide a check against unwarranted prosecutions. During a preliminary hearing the prosecutor must prove to a judge that a crime was committed and there is probable cause to believe the defendant committed the crime. Arraignment: Although the two terms are often used interchangeably, an arraignment differs from an initial appearance. Discovery: The term discovery refers to the exchange of information prior to trial. 5