Roles of the Criminal Justice System

1. Roles in the Criminal Justice System

The criminal justice system is an integral part of the government, with each of the three branches of government (i.e., legislature, judiciary, executive) playing a role and relying on each other to function effectively (USA Gov, 2023).

These branches operate at federal, state, and local levels, each managing different aspects of the system. At the federal level, the government oversees national criminal justice operations, while local governments handle city operations. Moreover, state governments are responsible for creating criminal laws and managing correctional facilities at the state level.

1a. Role of the Legislature

The term legislature refers to bodies that create laws, such as the U.S. Congress or state legislative assemblies. Legislatures play a crucial role in the criminal justice system by defining criminal actions and determining appropriate punishments through the creation of statutes, or formal laws organized into codes (USA Gov, 2023).

When referring to the criminal code, there is a compilation of statutes that outline criminal offenses. In the U.S., most criminal laws are established by state legislatures within the framework of dual federalism (Smith, 2006), which divides powers and responsibilities between national and state governments. Additionally, legislatures are responsible for allocating funding to support criminal justice agencies and programs.

terms to know

Legislature

An organized body having the authority to make laws for a political unit.

Dual Federalism

A system of governance where the federal government and state governments each have clearly defined spheres of power.

1b. Role of the Judiciary

The judiciary plays a complex role in the criminal justice system, reflecting its intricate hierarchical structure, which includes both trial courts and appellate courts.

• Trial courts are responsible for determining the guilt of individuals accused of crimes and imposing sentences (USA Gov, 2023).
• Appellate courts, on the other hand, do not conduct trials. They review cases that have been appealed from trial courts. Individuals dissatisfied with a lower court’s verdict can seek an appeal, asking the appellate court to examine the lower court's decision for potential errors. These courts address grievances from people who believe they were wronged by the criminal justice system or the trial court’s proceedings.

The U.S. Supreme Court is the highest appellate court and the final authority on federal law matters. Its decisions can overturn those of lower courts and have a significant impact on law enforcement practices, including how police handle evidence, conduct searches, and interact with suspects.

Lastly, the United States operates under a dual court system (Gaines & Miller, 2021), comprising federal and state court systems. The federal courts handle cases involving federal law or constitutional issues, while state courts deal with matters pertaining to state law. Future lessons will delve deeper into the distinctions between these two court systems.

terms to know

Judiciary

A system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

Judicial Review

A process under which a government's actions are subject to review by the judiciary.

Dual Court System

The coexistence of two separate court systems in the United States: the federal and state court systems.

1c. Role of the Executive Branch

The executive branch of government is tasked with enforcing laws and includes officials such as the President of the United States, state governors, and city mayors. These leaders have significant influence over the criminal justice system, often making key appointments that shape its direction.

EXAMPLE

Mayors appoint police chiefs, governors select heads of law enforcement, and the President appoints federal judges, including Supreme Court justices, who have a profound impact on federal criminal law. The President also appoints heads of federal agencies involved in criminal justice, such as the heads of the Department of Justice, Federal Bureau of Investigation, and the U.S. Secret Service.

Beyond appointments, the executive branch is crucial in setting criminal justice priorities and influencing public opinion (Newport, 2022). Officials at all levels must collaborate to develop policies that balance the needs of the public, victims, and defendants while upholding law and order.

hint

A central issue in the criminal justice system is the use and potential misuse of discretion. This concept, discussed earlier, involves the authority of criminal justice agents to make decisions based on their personal judgments.

In the executive branch, discretion includes the power to implement changes through executive orders or to grant clemency or leniency (Legal Authority Governing Executive Clemency, 2015), thereby shaping criminal justice policies and practices.

terms to know

Executive Branch

A part of the government which executes the law.

Clemency

An act or instance of leniency.

2. Criminal Justice Objectives

The criminal justice system aims to achieve three main goals (Diiulio et al., 1993):

• Efficiency
• Effectiveness
• Fairness

Effectiveness involves executing the system’s functions to ensure equity and constitutional protections for both defendants and convicted offenders while also safeguarding public safety. The system must balance the needs and interests of the public, victims, and defendants, delivering justice while also protecting society from crime.

Fairness ensures that justice is administered impartially and consistently. This includes treating comparable offenders similarly and considering relevant legal factors during sentencing. Fairness is a core principle protected in the U.S. Constitution, guaranteeing that everyone is entitled to just treatment and their rights are upheld throughout the criminal justice process.

terms to know

Efficiency

The ability to economically apply available resources to accomplish statutory goals as well as to improve public safety.

Effectiveness

The carrying out of justice system activities with proper regard for equity, proportionality, constitutional protections afforded defendants and convicted offenders, and public safety.

Fairness

The assurance of equal treatment, handling of like offenders, and giving equal weight to legally relevant factors in sentencing.

REFERENCES

Diiulio, J., Geoffrey, P., Alpert, M., Moore, G., Cole, J., Petersilia, C., Logan, J., & Wilson. (1993). Performance Measures for the Criminal Justice System Discussion Papers from the BJS-Princeton Project by. bjs.ojp.gov/content/pub/pdf/pmcjs.pdf

Gaines, L. K., & Miller, R. C. (2021). Criminal justice in action. Wadsworth.

Justice.gov. (2015). Legal Authority Governing Executive Clemency. www.justice.gov. www.justice.gov/pardon/legal-authority-governing-executive-clemency

Newport, F. (2022). U.S. Public Opinion and the Role of Government. Gallup.com. news.gallup.com/opinion/polling-matters/404750/public-opinion-role-government.aspx

Smith, T. E. (2006). Dual federalism. Dual Federalism - Federalism in America. encyclopedia.federalism.org/index.php/Dual_Federalism

USA Gov. (2023, December 6). Branches of the U.S. Government. Usa.gov; USAGov. www.usa.gov/branches-of-government