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Welcome to Introduction to Criminal Justice! Throughout this course, you will learn about many topics related to crime and the criminal justice system. We will be discussing the different components of the criminal justice system, types of crimes, how we measure crime, criminal law, and theories about why people commit crime, among many other topics. After completing this course, you will understand how law enforcement, the courts, and the correctional system work together to investigate, try, and manage people involved in the criminal justice system. You will also learn about how the system responds to people who have been the victims/survivors of crime and how the adult criminal justice system differs from the juvenile justice system.
At Sophia, we want everyone to feel safe and comfortable with what they are learning, so we try to be mindful when choosing material. However, because this course covers crime, some of the material in this course is related to sensitive topics and may be difficult to read about. That is never our intention, and we will revisit any concerning material identified by a student. With that said, let’s begin our journey by learning about the building blocks of this course. The first Challenge provides you with an introduction to the course and many of the topics that we will cover in further depth throughout our time together. Let’s start by introducing you to the criminal justice system!
In the United States, we live in a society in which we trust that the government will ensure our safety. However, granting the government authority for this security carries the risk of potential misuse of power. Thus, balancing government security and our civil liberties is important because it ensures that while national security is protected, the rights and freedoms of people are not compromised. This balance is critical for maintaining public trust in the government, as overreach or violations can lead to consequences, such as loss of morale and diminished public confidence. By adhering to laws that protect our civil liberties, the government can achieve its security goals while respecting individual rights (DCSA, 2024).
Throughout this course, we will be discussing the criminal justice system and how it works to ensure our safety and protect our civil liberties. The criminal justice system is broken down into three main components:
Every state has its own criminal justice system, and the federal government also has a criminal justice system. You will be introduced to these three components in this lesson and will learn more about each of them in subsequent lessons.
Furthermore, our society is governed by the rule of law. That means that everyone, including the government, must follow the law. The law must also be applied consistently and enforced impartially, without being changed arbitrarily by anyone, regardless of their power (Gaines & Miller, 2021). The Constitution is the supreme law of the United States, safeguarding many freedoms that cannot be infringed upon by the government. Any state or federal law that breaches these freedoms is invalid. If a government official infringes on someone's rights, the individual can seek remedy through the legal system, which helps ensure fair treatment and protection of our rights (United States Senate, 2024).
In this course, we will continually explore the critical balance between public safety and individual rights.
Police are typically responsible for enforcing the law. Many police are employed by the city, but there are also other law enforcement officers who are not technically classified as police, such as sheriff's deputies. Aside from enforcing the law, police also maintain order in society, offering services to the community, investigating crimes, and working with prosecutors in the court system (Gaines & Miller, 2021). You will learn more about the scope of police work in future lessons.
Police officers start the process of bringing people into the criminal justice system. They hold a lot of decision-making power when interacting with people in the community and people suspected of committing crimes. Police are granted significant discretion, or freedom, in their decisions, including whether to make an arrest, file formal charges, or handle a case informally (Siegel & Worrall, 2021). Discretion is a term that we will return to throughout the course, not only in relation to police, but also the courts and corrections.
In our legal system, when someone is accused of a crime, the courts determine their guilt and punishment. There are two opposing teams in each case:
The term corrections encompasses the third part of the criminal justice system, and it includes probation, parole, jails, prisons, and community-based punishments, among others (Siegel & Worrall, 2021). The term can be challenging to define due to differing views on its purpose—whether it is to punish or rehabilitate offenders. In different periods in history, the purpose of the correctional system has shifted: Sometimes it has been more punitive (i.e., designed to punish), and other times it has been to treat the root of people’s problems, so they are less apt to reoffend. There is usually a balance between these goals, which you will learn about soon.
Jails are typically managed by county sheriffs, and they typically house people awaiting trials or serving short sentences for minor offenses. Prisons are larger and more secure than jails, and they are designed for people serving longer sentences and are operated by state or federal governments. Again, you will learn more about jails and prisons, as well as community-based sanctions, in future lessons.
The criminal justice system aims to promote justice. Justice refers to the principle of giving everyone what they deserve, based on factors that are relevant to the situation. It is related to the concept of fairness, although fairness implies an impartial judgment that is not biased. Justice involves treating equal situations similarly and recognizing differences when appropriate. It is about respecting the dignity of everyone and ensuring that they are treated as they deserve (Markkula Center for Applied Ethics, 2014).
Moreover, procedural justice mandates that the law be enforced in a fair and orderly manner, ensuring that procedures are followed to protect individuals' rights and build trusting relationships within the community. Research suggests that the process of an encounter plays a more important role than the outcome in influencing a community member's perception of the interaction.
In this table, you learn about the pillars of procedural justice. Procedural justice emphasizes fairness in processes and outcomes, ensuring people feel respected and heard, such as during traffic stops or court proceedings. Transparency and impartiality strengthen this trust by making decisions open and evidence-based, as seen in police departments explaining policies and prison officials conducting unbiased investigations.
| Procedural Justice Pillar | Definition | Example |
|---|---|---|
| Fairness | Fairness is not only about the outcome of a situation. Often, fairness during the process is more important to community perception of the criminal justice system (Kunard & Moe, 2015). | Traffic stops—The perception of how they were treated and whether the laws are being applied equally are important to developing trusting relationships between the police and community. |
| Voice | Voice highlights the importance of people feeling heard, respected, and involved in decisions that directly affect them, fostering a sense of control, fairness, and validation, even in situations beyond their control. When people believe their input is valued, it enhances trust and cooperation in the process (Kunard & Moe, 2015). | In a courtroom setting, "voice" applies by ensuring that all parties involved in a case, including victims, defendants, and witnesses, have an opportunity to present their side of the story and express their perspectives. This can occur through testimony, victim impact statements, or legal arguments. By allowing individuals to be heard, the court fosters a sense of fairness, respect, and participation in the legal process, even if the outcome is not in their favor. |
| Transparency | Transparency ensures decisions are made openly, not in secrecy. This openness fosters understanding and community trust, increasing acceptance of decisions, even unfavorable ones, by demonstrating fairness and accountability in the process (Kunard & Moe, 2015). | A police department might hold a public forum to explain its use-of-force policies, their body camera program, and the process for reviewing complaints or allegations of misconduct. They could also release relevant recordings, when legally permissible, so the community can see the events that informed the department's decisions. This approach demonstrates openness in their processes, builds trust, and ensures the community understands the reasoning behind decisions, even if those decisions are contested. |
| Impartiality | Impartiality emphasizes evidence-based decisions over individual opinions or speculation. In a fairness-driven society, sharing the data and evidence behind decisions fosters understanding and acceptance (Kunard & Moe, 2015). | If an inmate in a state prison is accused of breaking a rule, the disciplinary officer conducts a fair investigation by gathering evidence, such as reviewing surveillance footage or witness statements, instead of relying on rumors or personal biases. The officer ensures the accused has a chance to present their side and uses clear, objective criteria to decide. Sharing the evidence and reasoning behind the decision with the prisoner reinforces the perception of fairness, increasing their acceptance of the outcome. |
EXAMPLE
In one study, New Yorkers were interviewed before and after a personal experience with the police. Those who received a traffic citation from an officer who treated them fairly viewed the police more positively and were more willing to cooperate with them than they had been prior to the encounter (Kunard & Moe, 2015).Procedural justice is linked to due process, which demands that the government act in a fair and nonarbitrary manner. That is, governmental and criminal justice decisions must be based on legal standards rather than personal judgment. Due process is granted to U.S. citizens through the Fifth and Fourteenth Amendments (Siegel & Worrall, 2021). Throughout this course, we will discuss how these fundamental civil liberties apply to different aspects of the criminal justice system.
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REFERENCES
Gaines, L. K., & Miller, R. C. (2021). Criminal justice in action. Wadsworth.
Markkula Center for Applied Ethics. (2014). Justice and fairness. Santa Clara University. www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/
DCSA. (2024). Student Guide - Privacy and Civil Liberties Overview - CDSE. Center for Development of Security Excellence. www.cdse.edu/Portals/124/Documents/student-guides/INT260-guide.pdf
Kunard, L., & Moe, C. (2015). Chapter a Procedural Justice for Law Enforcement: An Overview. portal.cops.usdoj.gov/resourcecenter/content.ashx/cops-p333-pub.pdf
Siegel, L. J., & Worrall, J. L. (2021). Introduction to Criminal Justice, Loose-Leaf Version. Cengage.
United States Senate. (2024). Constitution of the United States. Senate.gov. www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm
