JUSTICE IMPERATIVE - AN INTRODUCTION TO CRIMINAL JUSTICE

• NCJ Number: 66530
• Author(s): L R KATZ
• Date Published: 1980
• Length: 457 pages
• Corporate Author: Anderson Publishing Co
• Sale Source: Anderson Publishing Co
• Language: English
• Country: United States of America

Annotation

THIS INTRODUCTORY TEXT SEEKS TO PROVIDE A CRITICAL UNDERSTANDING OF HOW THE U.S. CRIMINAL JUSTICE SYSTEM EVOLVED, HOW IT IS PRESENTLY WORKING, AND HOW IT COULD BE IMPROVED.

Abstract

BEGINNING WITH THE CONSTITUTIONAL FRAMEWORK IN WHICH THE SYSTEM IS ENCLOSED, THE TEXT FOLLOWS THE CRIMINAL JUSTICE PROCESS FROM INVESTIGATION AND ARREST, THROUGH COURT PROCEDURES, TO TRIAL AND APPEAL, TO PUNISHMENT OF THE GUILTY. THE FIRST PART FOCUSES ON THE PROLIFERATION OF CRIME AND THE APPARENT INABILITY TO CONTROL OR PREVENT IT. IT DESCRIBES THE SHARP INCREASE IN CRIME AS MEASURED IN FBI CRIME STATISTICS, THE GROWING ACQUISITION OF GUNS, AND THE GRADUAL CHANGE FROM THE VICTIM JUSTICE OF THE FRONTIER TO THE COMPLEX PROTECTION OF THE RIGHTS OF THE ACCUSED. YET THE PUBLIC, THE COURTS, AND CRIMINAL JUSTICE PROFESSIONALS THEMSELVES ARE SEEN AS DISILLUSIONED WITH THE PRESENT CRIMINAL JUSTICE SYSTEM. THE RETURN OF THE DEATH SENTENCES, THE REJECTION OF REHABILITATION AS A CORRECTIONAL IDEAL, AND THE DEMAND TO TRY CERTAIN TYPES OF JUVENILE OFFENDERS AS ADULTS ARE CITED. THE SECOND PART EXAMINES POLICING, WITH ATTENTION TO POLICE-COMMUNITY RELATIONS, INVESTIGATION, ARREST, AND THE EXERCISE OF POLICE DISCRETION. APPLICATION OF THE EXCLUSIONARY RULE TO POLICE PRACTICES IS DISCUSSED. NEXT, THE PURSUIT OF FAIRNESS IS DESCRIBED, FOCUSING ON PROSECUTORIAL POWER, BAIL, CASE SCREENING, THE DEFENSE OF THE ACCUSED, POSTINDICTMENT PROCEDURES, PLEA BARGAINING, AND THE JUVENILE JUSTICE SYSTEM. A FOURTH SECTION TRACES THE VARIOUS PROCEDURAL ASPECTS INVOLVED IN TRIAL AND APPEAL, INCLUDING THE DEFENDANT'S RIGHT TO CONFRONT ACCUSERS, PRIVILEGE AGAINST SELF-INCRIMINATION, AND THE HABEAS CORPUS APPEAL. SENTENCING AND PUNISHMENT ARE ALSO DESCRIBED, WITH EMPHASIS ON THE SENTENCING MODEL, THE DEATH PENALTY, THE ROLE OF THE SUPREME COURT, AND PRISONERS' RIGHTS. EACH CHAPTER IS AMPLIFIED WITH FOOTNOTES AND DISCUSSION QUESTIONS. A GLOSSARY AND APPENDIX ON SUPREME COURT LITIGATION AND THE DEVELOPMENT OF SELECTED CONSTITUTIONAL RIGHTS ARE ATTACHED. AN INDEX IS ALSO PROVIDED. (AOP)