CJ 100 Lecture Notes - Lecture 4: United States Constitution
18 Jun 2018
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The Structure of Criminal Justice
The phrase criminal justice system refers to a collection of federal, state, and local public
agencies that deal with the crime problem. These agencies process suspects, defendants, and
convicted offenders and are interdependent insofar as the decisions of one agency affect other
agencies. The basic framework of the system is provided by the legislative, judicial, and
executive branches of government.
The legislature
Legislatures, both state and federal, define crimes, fix sentences, and provide funding
for criminal justice agencies.
The judiciary
Trial courts adjudicate (make judgments on and pronounce) the guilt of persons
charged with crimes, and appellate courts interpret the law according to constitutional
principles. Both state and federal appellate courts review legislative decisions and
decide whether they fall within the boundaries of state law, federal law, and ultimately,
the United States Constitution. Judicial review gives the courts the power to evaluate
legislative acts in terms of whether they conform to the Constitution. If a law is in conflict
with the Constitution, an appellate court may strike it down.
The executive branch
Executive power is given to the president, governors, and mayors. On criminal justice
matters, they have the power to appoint judges and heads of agencies, such as police
chiefs and directors of departments of corrections. In addition, elected officials can lead
efforts to improve criminal justice by putting forth legislative agendas and mobilizing
public opinion.
The major components of the justice system
The justice system's major components—police, courts, and corrections—prevent or
deter crime by apprehending, trying, and punishing offenders.
Police departments are public agencies whose purposes are to maintain order,
enforce the criminal law, and provide services. Police officers operate in the community
to prevent and control crime. They cooperate with prosecutors in criminal investigations,
gathering evidence necessary to obtain convictions in the courts.
Courts are tribunals where persons accused of violating criminal law come to have their
criminal responsibility determined by juries or judges. The purposes of the courts are to
seek justice and to discover the truth. The primary actors in the courts are the
prosecutors, defense attorneys, and judges.
Corrections include probation, parole, jail, prison, and a variety of new community‐
based sanctions, such as electronic monitoring and house arrest. The purposes of
correctional agencies are to punish, to rehabilitate, and to ensure public safety.
The differences between federal and state justice systems
Federal and state justice systems carry out the same functions (enforcing laws, trying
cases, and punishing offenders), but the laws and agencies of the two systems differ.
State legislatures make most criminal laws, which are enforced by state and local
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Document Summary
The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem. These agencies process suspects, defendants, and convicted offenders and are interdependent insofar as the decisions of one agency affect other agencies. The basic framework of the system is provided by the legislative, judicial, and executive branches of government. Legislatures, both state and federal, define crimes, fix sentences, and provide funding for criminal justice agencies. Trial courts adjudicate (make judgments on and pronounce) the guilt of persons charged with crimes, and appellate courts interpret the law according to constitutional principles. Both state and federal appellate courts review legislative decisions and decide whether they fall within the boundaries of state law, federal law, and ultimately, the united states constitution. Judicial review gives the courts the power to evaluate legislative acts in terms of whether they conform to the constitution.
