Introduction
This chapter focuses on the criminal justice system. The field of the criminal justice system borrows knowledge from other disciplines to understand factors driving persons to commit a crime and how to handle crime problems. The system consists of government agencies responsible for enforcing the law, adjudicating crime, and correcting criminal conduct (Siegel 382). The criminal justice system serves and acts as a tool for social control. Society controls other forms of informal social order, such as parental and school discipline. However, these can only handle moral misbehavior, not legal cases. In this regard, the criminal justice system possesses the power to control crime and punish those who violate the law.
The role of the police
Siegel presents the role of the police in law enforcement. The police officials are in charge of peacekeeping, thwarting potential criminals and arresting lawbreakers. The modern police role consists of preventing delinquencies and controlling juvenile offenders from the criminal justice system to resolving family conflicts. Police may use force to accomplish their tasks. However, studies show that nine out of ten people who came into contact with the police felt that the police acted properly. The concepts of community policing (COP) and problem-oriented policing are the new ways of law enforcement methods the police use in improving police-community relations. The approaches are proactive rather than reactive and try to prevent crime before they occur. Though, there is no clear-cut evidence of their success both parties praise them as effective models (Siegel 386).
The court system
The chapter attempts to familiarize the readers with the structure and function of the criminal court system. Siegel presents the court system as a complex social agency with independent but interrelated subsystems. This is where the vital part of criminal decision-making occurs. The process relies upon a precise rule of law in delivering justice. The prosecutor has the discretion to ensure that the case must have convertibility i.e. must stand a better chance of resulting in conviction. The court system creates the adversary system whereby the prosecutor and defense attorney are opponents (Siegel 386).
The correctional system
The chapter covers essential elements and institutions of the correctional system. The system monitors post-adjudicatory roles put on convicts. Correctional system care given to the convict ranges from monitoring in the community to solitary confinement in maximum-security jails. This depends on the seriousness of the offense and the individual needs of the convict. The elements under the correctional system include probation whereby an offender remains in the community under supervision and court conditions. Offenders with serious crimes remain in prisons or penitentiaries in serving their terms. Occasionally, some inmates may find their way back to the community before the expiry of their jail term via parole (Siegel 390).
Stages of the criminal justice system
Siegel gives step-to-step processes of formal justice. These processes fall under initial investigations, trial, sentencing and appeal. There are fifteen stages, each of which is a decision point with its effects on the process, defendant, and society. These stages include initial contact, investigation, arrest and custody as the felony or police process. The court process consists of charging, hearing and arraignment, bail or detention, plea negotiation, trial or adjudication, and sentencing. Finally, the correctional process entails correction, release decisions and post-release (Siegel 394).
The system as a “funnel”
The criminal justice system works like an assembly line. Some experts argue that due to hasty manner of presenting justice, an innocent person may suffer and a dangerous person be released back into society. The system acts as a “funnel”. Most people who commit crimes escape detection. People who do not escape only a small number will face trial, conviction, and sentence.
Discretion
Discretion plays a crucial role in the system, in every stage whereby the responsible officer decides whether to proceed with the case or abandon it. Discretion can change the status of an individual going through the process from an accused, defendant, convict, inmate to ex-con. Occasionally, the system works together to grant discretions (Siegel 398).
The procedural laws
The state and federal courts closely monitor the criminal justice system through the law of criminal procedures. These procedures set out and guarantee the accused certain rights and privileges. Agencies of control must operate within the procedural laws. Procedural laws come from several sources, but most notable is the Bill of Rights ratified in 1791. The Bill of Rights protects citizens from unwarranted arrests, self-incrimination, and cruel punishments among others (Siegel 400).
Perspectives on the criminal justice system
There are various perspectives on justice and interpretations that vary in many ways. Influences come from different quarters such as workers in the system, and scholars in the field of criminology. Crime control perspective attempts to deter people from committing a crime and incapacitating serious offenders. The due process perspective views the justice process as a legal process that must come to a logical end. The rehabilitation perspective views the criminal justice system as agency of restoration and treatment. The equal justice perspective strives to make the system equitable to all. The nonintervention model concentrates on issues of stigma and helping defendants keep away from criminal activities. Finally, the restorative perspective strives to find peace and humanitarian solutions to crime (Siegel 401).
The author also presents issues of concerns such as race, culture, gender and crime. He explores whether there exist any relations between race and criminal sentencing. There is no clear-cut evidence to substantiate this issue. Siegel also looks at the problems of reentry such as family and work-related, physical and mental problems, effects on the community and finally, reentry and crime. The chapter provides definitions and illustrations of jargon and terms in the criminal justice system.
Works Cited
Siegel, Larry J. Criminology: The Core, 4th Edition. Belmont, CA: Wadsworth/Cengage Learning, 2011. Print.