NCJ Number
51537
Date Published
1978
Length
413 pages
Annotation
DECISIONMAKING PROCESSES IN THE CRIMINAL JUSTICE SYSTEM AND THE IMPACT OF THESE DECISIONS ON CITIZENS WHO COME IN CONTACT WITH THE SYSTEM ARE EXAMINED IN A TEXT FOR CRIMINAL JUSTICE STUDENTS AND OTHERS.
Abstract
THE OPENING CHAPTER OFFERS DEFINITIONS OF CRIMINAL JUSTICE AND OF THE SITUATIONAL APPROACH TO STUDYING THE CRIMINAL JUSTICE SYSTEM. THIS APPROACH IS GROUNDED IN A FRAMEWORK OF CRITICAL SITUATIONS IN WHICH ACTUAL DECISIONS ABOUT PROCESSING PERSONS (E.G., THE POLICE OFFICER'S DECISION TO INVESTIGATE A CRIME, THE PROSECUTOR'S DECISION TO FILE CHARGES) ARE MADE. WRITTEN LAW ALONE DOES NOT DIFFERENTIATE LEGAL FROM ILLEGAL ACTS; PEOPLE PERFORM THIS FUNCTION. UNDERSTANDING THE CRIMINAL JUSTICE PROCESS REQUIRES AN EVALUATION OF WHAT POLICE, PROSECUTORS, JUDGES, JURORS, PROBATION AND PAROLE OFFICERS, AND CORRECTIONAL PERSONNEL ACTUALLY DO WHEN THEY APPLY THE LAW (OR RULES). A CHAPTER ON THE SOCIAL ORGANIZATION OF CRIMINAL JUSTICE DISCUSSES THE CRIMINAL JUSTICE SYSTEM AS PART OF A LARGER ORGANIZATION--THE LEGAL SYSTEM; MODELS OF SOCIETY AND FORMAL ORGANIZATION USED BY SOCIAL SCIENTISTS ARE CONSIDERED. IT IS POINTED OUT THAT, ALTHOUGH THE LEGAL SYSTEM IS INFLUENCED BY OTHER SOCIAL INSTITUTIONS, LOCAL CRIMINAL JUSTICE AGENCIES ARE NOT ALWAYS RATIONALLY GUIDED BY THE WRITTEN LAW OR RULES OF CRIMINAL PROCEDURE. THE SITUATIONAL APPROACH IS THEN USED TO EXAMINE INITIAL ENCOUNTERS WITH CRIMINAL JUSTICE; PROSECUTION AND ADJUDICATION; CORRECTIONS; AND JUVENILE JUSTICE. THE SPECIFIC TOPICS COVERED INCLUDE POLICE DECISIONS, CITIZEN DISCRETION IN APPLICATION OF THE LAW, PROACTIVE AND REACTIVE PATROL AND DETECTIVE WORK, THE CHARACTER OF COURT DECISIONS, THE PRELIMINARY HEARING AND THE GRAND JURY PROCEEDING, ARRAIGNMENT, THE PROCESS OF PLEA NEGOTIATION, ACQUITTAL OF THE GUILTY, TRIAL PROCESS, THE VALUE OF THE PETIT JURY, AND SENTENCING. OTHER TOPICS ARE PROBATION AND PAROLE, THE GOALS OF INCARCERATION, PRISON IDENTITIES, THE INMATES' AND PRISON STAFF'S WORLD, PRISON VIOLENCE, TREATMENT MODALITIES IN PRISON, THE DEVELOPMENT OF JUVENILE JUSTICE, THE POLICE AND JUVENILES, OFFICIAL INFORMALITY IN THE JUVENILE COURT, JUVENILE CORRECTIONS, AND CHANGING PATTERNS IN JUVENILE JUSTICE. AT EACH STAGE OF THE CRIMINAL JUSTICE PROCESS, THE DISCUSSION FOCUSES ON DECISIONMAKING PROCESSES, DRAWING UPON EMPIRICAL EVIDENCE INDICATIVE OF THOSE PROCESSES. LISTS OF REFERENCES ACCOMPANY EACH CHAPTER. A NAME AND SUBJECT INDEX ARE INCLUDED. (LKM)