A criminal justice system is an organization that exists to enforce a legal code. There are three branches of the U.S. criminal justice system: the police, the courts, and the corrections system.
Police
Police are a civil force in charge of enforcing laws and public order at a federal, state, or community level. No unified national police force exists in the United States, although there are federal law enforcement officers. Federal officers operate under specific government agencies such as the Federal Bureau of Investigations (FBI); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and the Department of Homeland Security (DHS). Federal officers can only deal with matters that are explicitly within the power of the federal government, and their field of expertise is usually narrow. A county police officer may spend time responding to emergency calls, working at the local jail, or patrolling areas as needed, whereas a federal officer would be more likely to investigate suspects in firearms trafficking or provide security for government officials.
State police have the authority to enforce statewide laws, including regulating traffic on highways. Local or county police, on the other hand, have a limited jurisdiction with authority only in the town or county in which they serve.
Courts
Once a crime has been committed and a violator has been identified by the police, the case goes to court. A court is a system that has the authority to make decisions based on law. The U.S. judicial system is divided into federal courts and state courts. As the name implies, federal courts (including the U.S. Supreme Court) deal with federal matters, including trade disputes, military justice, and government lawsuits. Judges who preside over federal courts are selected by the president with the consent of Congress.
State courts vary in their structure but generally include three levels: trial courts, appellate courts, and state supreme courts. In contrast to the large courtroom trials in TV shows, most noncriminal cases are decided by a judge without a jury present. Traffic court and small claims court are both types of trial courts that handle specific civil matters.
Criminal cases are heard by trial courts with general jurisdictions. Usually, a judge and jury are both present. It is the jury’s responsibility to determine guilt and the judge’s responsibility to determine the penalty, though in some states the jury may also decide the penalty. Unless a defendant is found “not guilty,” any member of the prosecution or defense (whichever is the losing side) can appeal the case to a higher court. In some states, the case then goes to a special appellate court; in others it goes to the highest state court, often known as the state supreme court.
Corrections
The corrections system is charged with supervising individuals who have been arrested, convicted, and sentenced for a criminal offense, plus people detained while awaiting hearings, trials, or other procedures. At the end of 2018, approximately 2.3 million people were incarcerated in the United States (BJS 2020); these include people who are in state and federal prisons as well as those in local jails or related facilities, as explained below. Since many convicted people are placed on probation or parole, have their sentences deferred or otherwise altered, or are released under other circumstances, the total number of people within the corrections system is much higher. In 2018, the total number of people either incarcerated, detained, paroled, or on probation was 6,410,000 (BJS 2020).
The U.S. incarceration rate has grown considerably in the last hundred years, but has begun to decline in the past decade. The total correctional population (including parolees and those on probation), peaked in 2007 at 7.3 million, resulting in approximately 1 in 32 people being under some sort of correctional supervision. With the 2018 correction system number close to 6.4 million people, that ratio goes to 1 in every 40 people (BJS 2020). The declines are seen as a positive, but the United States holds the largest number of prisoners of any nation in the world.
Prison is different from jail. A jail provides temporary confinement, usually while an individual awaits trial or parole. Prisons are facilities built for individuals serving sentences of more than a year. Whereas jails are small and local, prisons are large and run by either the state or the federal government. While incarcerated, people have differing levels of freedom and opportunity for engagement. Some inmates have options to take classes, play organized sports, and otherwise enrich themselves, usually with the goal of improving their lives upon release. Other incarcerated people have very limited opportunities. Usually these distinctions are based on the severity of their crimes and their behavior once imprisoned, but available resources and funding can be a significant factor.
Parole refers to a temporary release from prison or jail that requires supervision and the consent of officials. Parole is different from probation, which is supervised time used as an alternative to prison. Probation and parole can both follow a period of incarceration in prison, especially if the prison sentence is shortened. Most people in these situations are supervised by correctional officers or other appropriate professionals, including mental health professionals; they may attend regular meetings or counseling sessions and may be required to report on their activities and travel. People on probation or parole often have strict guidelines; not only will they be returned to jail upon committing a crime, but they may also be prohibited from associating with known criminals or suspects. These strategies are designed to prevent people on parole or probation from returning to criminal engagements, and to increase the likelihood that they will remain positive members of the community through interactions with family, productive employment, and mental health treatment if needed.
Policing and Race
This chapter described just a few of the sociological theories regarding deviance and crime; there are many more, as well as many approaches for preventing crime and enforcing laws. Citizens, law enforcement, and elected officials weigh a wide array of contexts and personal experiences when considering the best way to address crime. In at least some cases, decision makers are motivated by a desire to protect the status quo or improve their political or financial position.
As discussed earlier, during the 1980s, crack cocaine was exploding in usage among lower income, Black, and Hispanic people. White middle class and upper economic class Americans became terrified of the potential for their family and children to be involved with drugs and drug-related crime. State governments passed increasingly harsh laws, resulting in stiffer penalties and the removal of judges’ discretion in drug case sentencing. Among the most well known of these were “three strikes laws,” which mandated long sentences for anyone convicted of multiple drug offenses, even if the offenses themselves were minor. Practices like civil forfeiture, in which law enforcement or municipalities could seize cash and property of suspected criminals even before they were convicted, provided a significant financial incentive to investigate drug crimes (Tiegen 2018).
The additional funding sources and high likelihood of successful prosecution drove police forces toward more aggressive and inequitable tactics. After training by the Drug Enforcement Agency, police forces around the country began racial profiling in a focused, consistent manner. Black and Hispanic people were many times more likely than White people to be pulled over for routine traffic stops. Local police forces focused on patrolling minority-inhabited neighborhoods, resulting in more arrests and prosecutions of Black and Hispanic people (Harris 2020).
No issue related to race and policing is of more concern than the shooting of unarmed Black people by police. The lack of punishment of police officers for committing these acts perpetuates the issue of unequal justice. Eric Garner was killed by an officer using a prohibited chokehold after Garner had allegedly committed a misdemeanor.
Breonna Taylor was killed by police who were executing a no-knock search warrant at her apartment. The police were investigating suspected drug activity involving Taylor’s ex-boyfriend. Taylor was at home with her current boyfriend who was licensed to carry a firearm. Fearing for their safety, he fired one round at plain clothes officers as they busted in the door, striking an officer in the leg. Officers responded by riddling the apartment with bullets, claiming the life of Taylor, a 26-year-old EMT. Several officers were fired and have been found civilly liable in her death, but no officers were convicted of murder or manslaughter. Taylor’s death prompted protest among growing concerns about police involved shootings. The officer who killed George Floyd was immediately charged with the crime, and was eventually convicted, but some believe that to be the case due to the clear and horrific video of the event (Abdollah 2021).
Police advocates, elected officials, and ordinary citizens often express the importance of effective and just law enforcement. When “Defund The Police” became a widespread position during 2020, many Black people spoke out against it; polling revealed that a majority of Black people did not support the idea, and over 80 percent of Black people preferred having the police spend the same or more time in their communities (Saad 2020). While this frequently cited result is relatively consistent across different polls, it also reveals divisions within the Black community, often based on age or other factors. The same polls find that many Black people still distrust the police or feel less secure when they see them (Yahoo/Yougov 2020).
The content of this course has been taken from the free Sociology textbook by Openstax