Home » News » What is the Criminal Justice System?

The Department of Corrections is part of a criminal justice system that includes hundreds of city, county, state and federal agencies. They include:

  • Police Departments
  • Sheriff’s Departments
  • Prosecutors
  • Defense Attorneys
  • Superior Courts
  • County Jails
  • State Prisons

Most criminal acts are never handled through the criminal justice process because they are not reported. In 2005, only 49 percent of violent crimes and 40 percent of property crimes nationwide were reported to law enforcement.

When a crime is reported, law enforcement agencies investigate and present their cases to prosecutors, who decide if sufficient evidence exists to file criminal charges. When a charge is filed, a public defender may be appointed for defendants who cannot afford legal representation. The defendant enters a plea, and if the plea is not guilty, a trial will be held to establish guilt or innocence. If a defendant pleads guilty or is found guilty by a judge or jury, a sentence will be imposed by the judge.

Evidence will be gathered on the scene when possible, and a follow-up investigation will attempt to reconstruct the likely sequence of activities. Some offenders are arrested at the scene of the crime, while some are apprehended only after an extensive investigation. In such cases, arrest warrants issued by the court provide the legal basis for an apprehension by police. During the arrest process suspects are booked: pictures are taken, fingerprints are made, and personal information, such as address, date of birth, weight and height, are gathered. Details of the charges are recored, and an administrative record of the arrest is created. During booking suspects are again advised of their rights, and asked to sign a form on which each right is written. The written form generally contains a statement acknowledging the rights advisement and attesting to the fact that the suspect understands them.

Criminal Justice Division prosecutes offences under the Criminal Code of Canada, the Youth Criminal Justice Act and provincial statutes in all courts in Alberta and is responsible for criminal appeals to the Court of Appeal and the Supreme Court of Canada. The Division does not handle adult drug offences or offences under the Firearms Act. Criminal Justice works with justice system stakeholders and the community to promote safe communities and implement alternative approaches to the administration of justice.

The accuser’s release may be subject to conditions, such as the requirement to live at a fixed address, to refrain from communicating with the victim or to abstain from alcohol. The court could also require the accused to enter into a recognizance, with or without a deposit of money, to ensure that the bail conditions will be complied with and that the accused will attend court as required. The court may also require that a third person called a “surety”, for example a member of the accuser’s family or a friend of the accused, enter into the recognizance.


About Author

Kevin Jones

Posted on December 6, 2009

17 Comments

  1. the reaper2 says:

    You need to be a little more specific. The criminal justice system has many advantages, but very specific advantages for different things. Advantages for whom? The state? The defendant? Society? And when you say non-criminal, do you mean civil-law system?

  2. mizzz hiliary duff says:

    Huh?

    What?

    Policy on what?

    This question is so general, it doesn't ask anything.

    About the only thing this question proves is that people are still using YA to get other people to do their homework.

  3. Dani says:

    There are three different sections of the criminal justice system.

    The police who solve crimes and make arrests.

    The court who sentences the offender.

    The corrections system that carries out the punishment and rehabilitates the offenders.

    The police do there job they arrest and charge the offenders. The courts then give the offender a slap on the wrist. Then the offender after being arrested enough times will go to prison and learn to be a better criminal.

    The system is not perfect, but it is the best that we have. I would prefer that we do something more like China and bring the guilty into the street and put a bullet in the back of their head. That will never happen in the USA though.

  4. C. Aponte says:

    Analyze the reason most of them are there and make it legal. In the criminal justice system of today, the greatest contributor to crime is the law. Many , who are in prison, are there for what is essentially victimless crimes in that the only people that are hurt is themselves. (drugs mostly). Give them a support system and they won't bother anybody. After all everybody is entitled to go to hell in their own way.

  5. lilshorty40393 says:

    How will you know when the prisoner has served his sentence if you can't count?

  6. Meg says:

    How common is hard to quantify by giving you a number. It's infrequent but it happens–and we have executed innocent persons even in the last 10 years. Here are some of the reasons: eyewitness testimony is unreliable, believe it or not–people see different things and do not see everything accurately when excited. They also do not necessarily see what led to an event. Until recently, we did not know how reliable DNA evidence was and it was not used regularly. It makes a difference if you're poor. Poor people get public defenders, who are young, underpaid and inexperienced. If the Duke rape defendants had a public defender, they would be in prison now. In fact, that's a good example. The D.A. had DNA evidence that proved innocence and he hid it. Innocent people are convicted. I'm a prosecutor and I know it happens. But I've never hid evidence or done any of the things some prosecutors do just to get a conviction.

  7. DEE L says:

    -A system is a set of accepted societal norms which allow for the normal, efficient operation of a society with laws.
    -American CJ is a mixture of strengths and weaknesses, therefore the ever changing model of criminal justice shapes itself according to the practice, enforcement, and acceptance of laws…Our system resembles different facets of all of the models……remember that models are what other people think our system is like….so I guess you could call mine the "Universal Model of criminal justice."
    -Each section of criminal justice has its own unique set of resources that are not available to all the others (psychological, investigative, recruiting, operations, narcotics, detective, patrol, the courts, forensics, corrections…)
    -Ideology is a practice of labeling things that are closely related to politics or criminal justice, or it can be simply a way of thinking about something or identifying with something, such as saying one is "liberal" or "Right Wing."
    -Politics is a system of government practiced by the people of an area, enforced by "ideologies," and exercised by individuals having the power of the state.

  8. kentucky girl says:

    It was wonderful and effective.
    If you committed a crime involving violence you could be legally horsewhipped- publicly. It was a great deterent.
    If you comitted murder, kidnapping, rape, treason you'd be hung by the neck until dead,dead, dead.
    The Cops were free to beat the hell out of mouthy criminals
    and to teach them manners.
    The Police were feared and respected because they had real authority. ( which they often abused)
    Kids were taught to respect their elders and the police and the punishment for not vdoing so was severe enough so that they learned early, not to do such things.
    The few gangs which existed were all controlled by the authorities ( Boss Tweed, Tammany Hall, etc.) and were the forerunners of the protection rackets run later by the Mafia.
    A poor man had little chance in court against a rich man since everyone knew that the rich man's word was always better than the poor man's.
    A rich man could hit you to move you out of his way but if you were to hit him or push him you'd wind up in prison for battery.
    It was fun times indeed.
    The protections of the US Constitution existed for the upper classes only.

  9. Patrick W says:
  10. Angie M says:

    To me, human relations would be the best.

    Our purpose is to attempt to change attitudes and instill responsibility for personal actions.

    We can achieve these aspects through understanding the human psyche and applying known methodologies, such as cognitive behavioral therapy, within the judicial context.

  11. Change Now says:

    The only reason I need is they are not citizens and are not guaranteed the same rights as citizens. Why can't you libs get that very simple concept?

  12. Finn A says:

    Australia's role on the British criminal justice system was mainly to alleviate the overcrowding in English prisons due to the enactment of some rather harsh, all encompassing, laws.

    The first fleet of convict ships arrived at Botany Bay (Sydney) on 20 January 1788. The last convicts to be transported to Australia arrived in 1868 in Western Australia. Much of this happened during Charles Dickens's lifetime, however it had nothing directly to do with his father's imprisonment.

    In the seventeenth and eighteenth centuries about 60, 000 convicts were sent to the British colonies in North America (the US and Australia have a lot in common). When the American Revolutionary War brought an end to this the British Government was forced to look elsewhere. Australia was where the British established a penal colony (or colonies) to alleviate pressure on their own prisons.
    See the source below for a history:
    http://en.wikipedia.org/wiki/Convictism_in_Australia

    As I understand the history of Dickens's childhood had nothing to do with Australia. John Dickens went to debtors' prison (in England) and so did the rest of the Dickens family (which was common – except for Charles). Charles was working at a warehouse near the present Charring Cross railway station which was near the debtor's prison. The money Charles earned (six shillings a week) pasting labels on jars of shoe polish paid for his way at the house of Elizabeth Roylance (a family friend). John Dickens latter got out of prison and paid his debts.
    See the source below for these details.
    http://en.wikipedia.org/wiki/Charles_Dickens

    These two sources listed above should get you started on your research. Hope this helps and good luck on your assignment.

  13. tigger says:

    I'm not sure what you are asking by "policy implications?"

    People can be found "not guilty by reason of mental disease or defect," and are sent to state-run hospitals until released when the staff there feel it is appropriate.

    Not sure if that is what you are looking for or not…

  14. Holiday Magic says:

    I'll get shot at by some Officers for this, but it seems like you have a very young police force? No? Rookie's will always go for the easiest pinches since they are too young and inexperienced to do any "real police" work. Another problem is that your departments management may not be recognizing their officers when they do make a good solid felony pinch, so they figure "what the hell am I killing myself for?" Add to that mix; the Defense Lawyers and Libby Judges that will throw out a good case on some stupid technicality anyway and you end up with a department that tackles traffic and jaywalking crimes because they are easy to deal with, write the ticket and you're done. (Most of the time) One more thing, check your departments pay scale and let me know how they fare with surrounding departments, if you-the taxpayer, are underscoring the pay rate at your department, you are going to end up with all rookies looking to break into Law Enforcement as a career, so you-the taxpayer, will get exactly what you are paying for, a VERY NEW and inexperienced public employee. Not saying all rookies are bad, just saying they do the job mostly by the book because they are still learning how much discretion they are allowed to have, always using the book is not a bad thing, but usually, It's not a good thing either. Now watch all the Rookies yell! LOL!

  15. "hearts"H-town Cutie~ says:

    Does your school have a resource officer?
    If yes then interview him, if not or as a second opinion call your local police dept. and ask if there's an officer willing to let you interview them. You also might want to try interviewing some of the local paralegals, and lawyers, have your questions ready and be prepared to either record or take notes quickly so they don't have to repeat themselves. I would think most of these professionals would be glad to help you out!

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