Respond To Crime

Introduction

The Response To Crime is a complex process. There are a variety of forces that affect criminal justice decisions. To clarify these forces, it is necessary to describe the core criminal justice process. There are a variety of agencies involved in the core criminal justice process. Various societal forces impact and exact changes upon public opinion, which in turn affects legislation, which directly influences the operations of the justice process. But before we can examine these societal forces and their affects upon The System, we must first grasp a simple fact:

Discussion

Criminal Justice
As A Decision Making Process

As a decision process, the American system of criminal justice is comprised of a number of separate but interrelated decision points. The process begins with the detection of a crime by the police. When the police come to believe that a crime has been committed, responsibility for further action rests with agents of the justice system. If victims do not report crimes, for example, then the justice process is usually not invoked.

However, once the police decide that a crime has occurred, then the decision to investigate a case or process it further rests with the police as agents of criminal justice.

Major Decision Points

The major decision points in criminal justice are:

1. Detection
   
   
2. Investigation
   
   
3. Arrest
   
   
4. Initial Appearance
   
   
   • Bail
   • Bond
   • Hold
   • Release
   
   
   
5. Arraignment
   
   
   • Advisement
   • Charging
   
   
   
6. Trial
   
   
   • Convict
   • Mistrial
   • Acquit
   
   
   
7. Sentencing
   
   
8. Parole
   
   
   • Revocation
   • Completion
   
   
   
9. Reintegration
   
   
   • Counseling
   • Release
   
   
   
10. Discharge

The brief outline of the justice process which is presented above is intended to illustrate the interrelatedness of decisions that are made on a daily basis by Professional Crime Fighters. The outline also demonstrates succinctly how the primary points may vary depending upon jurisdiction of the decision maker. These types of decisions are common in all criminal justice jurisdictions.

Interrelated Points

The  Decision Points within the justice process are obviously interrelated. Failure to detect a crime, for example, precludes an arrest decision for that offense. Failure to arrest means that there will be no initial appearance, formal charges, arraignment, trial, conviction, etcetterah.

The Revolving Door

Furthermore, a feedback loop exists within the justice process. Prosecutorial failure to charge certain offenses may eventually lead to a tendency among police not to arrest for those crimes. Similarly, offenders released to the community often return to justice processing. This is called the Revolving Door Syndrome.

Examples Of Feedback Loops
Which Create
Revolving Door Syndrome

An examination of the impact of changes in the definition of drunk driving as a criminal offense illustrates the variety of factors that influence the total criminal justice system. Evaluations of drunk driving enforcement indicate that social definitions (e.g., viewing drunk driving as a more serious offense) can lead to changes in arrest, conviction, and incarceration rates. Changes in legislation that made drunk driving a more serious offense have had similar effects. On the other hand, despite a national trend to react more strongly to driving under the influence, some jurisdictions have not changed attitudes or practices.

The current War On Drugs has also produced mixed results. On the one hand, there has been a change in the characteristics of the prison population with more offenders incarcerated for drug law violations, on the other, by adding to prison crowding, the drug war has supported moves to develop alternative sentences and special courts. The war on drugs has had a disproportionate impact on members of minority groups.

Similarly, changes in the handling of domestic violence have also been mixed. Mandatory arrest policies often have not been followed in practice. Also, arrests often do not translate into convictions.

Organizational Influence

In addition to changes in definition, existing organizational policies about arrest or charging also affect the rate of arrest and processing. Thus, justice systems show different reactions to national trends, depending upon the interactions of a complex set of factors. Further, increased arrests lead to increased court and correctional caseloads, showing the interrelatedness of justice process decisions.

Example Of Organizational Influence

A second glance at the systemic nature of criminal justice is provided through an examination of the New York State Drug Law. Enhancing penalties for those accused of selling narcotics did not result in substantial changes in criminal justice operations. This finding supports viewing the process as a system, as it indicates the tendency of sytems to maintain an equilibrium and resist the impact of change. Further, especially in the case of the New York Law, the part-time nature of crime control activities is seen in how the increase in the number of judges handling drug cases was largely consumed by an increase in civil cases.

The illustrations provided in the discussion above are clearly indicatative of the fact that that justice decisions are influenced by a variety of factors ranging from ideological through organizational. Because of its systemic qualities, change in the justice process is difficult to achieve. Furthermore, the complexly human nature of the actual decision making process is very difficult to analyze, since it is dealing not only with pressures from external forces such as Policies and Procedures, but also with internal forces such as personal prejudices and ideological preferences.

Conclusion

Criminal Justice is comprised of a large and varied group of agencies and institutions. They work together to form a System which routinely engages in a complex series of Decision Making Processes in regard to CRIME, Crime Prevention, Crime Control, and Maintenance Of Order. By studying these Decision Points within the Criminal Justice Process, the Professional Crime Fighter can gain insights into how to better utilize the System to his/her efficient and effective advantage.

Coming Attractions

In our upcoming discussions, we will take a look at the core components of the justice process. Each of the forthcoming lectures describes the organization and size of policing, criminal court, and correctional agencies. The student will gain insight into the many resources, such as manpower and money, from which Justice Agencies draw and how they draw them from different levels of government. Also, the Professional Crime Fighter will gain an understanding of how these core components serve multiple functions, and exist at all levels of government. Each of the core components of the Criminal Justice System [Law Enforcement, Courts, and Corrections] will be treated in a separate lecture. This next lecture will greatly enhance the Professional Crime Fighter's understanding of criminal justice functions are served by private organizations as well as governmental entities.