f499ded2-e7d4-3910-8836-2daedaaae18a_Careers-Criminal-Justice-1a-Unit01-Podcast

The criminal justice system in the United States is a network of organizations and practices that hold citizens accountable for their actions and protect law-abiding citizens. It consists of laws, punishments, and systems at federal, state, and special jurisdictional levels. The system originated after the Revolutionary War and was based on incarceration as a form of punishment. It has evolved over time, but solitary confinement is still practiced today. The system serves the purposes of deterrence, incapacitation, rehabilitation, and due process. Deterrence aims to prevent crime by showing the consequences of illegal actions. Incapacitation involves confining offenders to protect the community, sometimes through the death penalty. Rehabilitation aims to reform offenders and reintegrate them into society. Due process ensures fair treatment and the opportunity to defend one's innocence. What is the criminal justice system? Introduction. Thousands of new laws are passed in the United States every year. In fact, there are still thousands of laws in every state that are quite antiquated but technically still in effect. For example, if you're reading this in the state of New York and it's after 10 p.m. and you're wearing slippers, you're breaking the law. How about this? If you ever see someone in Georgia with an ice cream cone in their back pocket on Sunday, you should call the police because that's also against the law. However archaic and obsolete some laws may seem, the criminal justice system is a system intended to preserve law and order in society. In the United States, this system is made up of many different organizations, components, and practices that serve to hold citizens accountable for their actions and protect law-abiding citizens from the threat of miscreants. More specifically, it is designed to be a network of systems at the federal level, state level, and special jurisdictional levels. Each of these layers of the criminal justice system strives to hold offenders accountable for their crimes by imposing either fines and or sentencing, making sure criminals repent for those crimes and delivering recompense to the victims of those crimes. Origins of the criminal justice system in the United States. When the United States severed ties with Great Britain, they embraced their newly acquired liberty with open arms. No longer under the rule of the crown, they vowed to uphold the rights of individual citizens even as they grew the state and federal governments. During the mid to late 1700s, including during the American Revolution, the early American colonies had no unified justice system. It wasn't until their victory over the British that a system finally began to take shape. The early criminal justice system that emerged during the first several decades following the Revolutionary War was experimental and largely based on the country's newly established laws and legislations. Because the Eighth Amendment to the Constitution prohibited cruel and unusual punishment, incarceration, that is, the act of sentencing a criminal to a specified time in jail or prison, became the preferred method of punishment and replaced the European model of corporal punishment, or punishment consisting of bodily harm. Liberty was highly regarded during this era of newfound freedom, so the prospect of becoming imprisoned, that is, losing one's liberty, was thought to be a great deterrent to crime. Prisoners would sometimes be placed alone in a cell with nothing but a Bible and remain there for years without seeing family or even other prisoners. Although jails and prisons have evolved and those who are sentenced receive far better treatment, solitary confinement is still practiced today. The use of jails was not new to the young nation of America, but their purpose during this time was slightly different than how we use jails today. At this time in history, jail cells were mainly used to hold criminals until a proper punishment could be agreed upon by the community or leaders of the community. These punishments could include public whippings, pillory, a wooden device in which prisoners were placed and subjected to public abuse, and various types of bodily mutilations. All of these punishments were done in public to deter would-be criminals. So rarely did criminals at the birth of our nation serve what we consider today to be a long stay in a jail cell. Only political prisoners and debtors saw any real extended stay in jails before more modern ideas of incarceration became more common and corporal punishment of crimes were fully abolished in America in 1972. Later, we'll look in more detail at the history of the criminal justice system in the United States. Did you know? Did you know that many people believe solitary confinement to be unconstitutional? In fact, the Supreme Court first tried to outlaw it in 1890, yet it still remains common practice in prisons today. Every day in the United States, prisoners are placed in small, windowless cells for 22 to 24 hours a day with no human contact. Their confinement can last anywhere from a few days to years at a time. Later, we'll dive even deeper into the history of this complex system. Purpose of the criminal justice system No one likes to pay speeding tickets, and the idea of going to jail is certainly not a pleasant one. But most people agree that the criminal justice system is a necessary evil. After all, have you ever stopped to think about what our society would be like if there were no laws? Although we may like to think that human beings are innately moral and self-disciplined, history has shown such an ideal to be false. What does a society do then to protect decent citizens from those who would do them or their property harm? Most societies throughout history have solved this problem by devising a system for punishing offenders for their wrongdoings. In the United States, this system is called the criminal justice system. The U.S. criminal justice system serves a variety of different purposes, among them deterrence, incapacitation, rehabilitation, and due process. Let's look at each of these goals in more detail. Deterrence Deterrence is an attempt to prevent citizens from committing a crime in the first place. Think back to what we know about the early American criminal justice system, where punishments were rendered in a highly public place. In the United States, the criminal justice system is based on the theory that when a criminal is punished, other citizens will see the consequences of committing a crime, whether it be a fine or incarceration, and then consider those consequences before committing the same crime. Imagine if someone steals from a local retail store, gets caught, and is arrested. This may make other people who are inclined to steal think twice in order to avoid punishment. Ideally, deterrence reduces the amount of overall crime, thereby making communities safer. It also reduces the burden that incarceration places on taxpayers. Incapacitation In the world of criminal justice, incapacitation refers to the act of preventing the offender from committing another crime that would pose a threat to the community and its citizens. In order to protect innocent individuals, the criminal justice system intends to incapacitate criminals by confining them in a jail or prison, or in extreme cases, through capital punishment, also known as the death penalty. The death penalty is not only the most effective form of incapacitation, but it also can be a strong deterrent for would-be murderers and other violent offenders. There are only a handful of crimes that are punishable by death, for example capital crimes, and they vary by state. Some capital crimes include premeditated murder or the murder of a police officer. As we'll see, the death penalty is a very controversial issue. Not everyone believes that the criminal justice system has the right to take another human being's life, regardless of what they have done. For that reason, 23 states and the District of Columbia have abolished the death penalty. Did you know? Did you know that the state of Texas has executed more prisoners between 1976 and 2019 than any other state? The state has executed 566 prisoners during that time. Virginia is second, with only 113 executions in the same time span. Rehabilitation. Rehabilitation refers to the process of providing the resources necessary to reintegrate an offender into society while reducing the risk that the individual will reoffend. The criminal justice system attempts to reform criminals into productive, law-abiding citizens. Let's look at some common examples of rehabilitation programs. Psychological counseling. Many prisoners suffer from mental illness as well. Counseling services inside jails and prisons attempt to treat these underlying conditions to give prisoners the best chance at a successful reentry and future. Job training. Even law-abiding citizens are affected by gaps in their resumes. Prisoners, even more so, must strive to connect their time served with positive growth and job-related skills. Some prisons mandate that inmates contribute to the community as a cook, laundry attendant, or even teacher. Other programs offer more official job-related training. Technological training. Many inmates aren't instructed in modern technologies when they're in prison, so using things like computers, smartphones, tablets, or GPS systems doesn't come naturally to them when they are released. In order to make a smooth transition back into society, inmates need to be able to function in today's highly technological world. Harsher sentences for repeat offenders is another way that states have attempted to reduce recidivism rates, or rates at which criminals commit additional crimes after being released from jail or prison. Due process. The Constitution of the United States dictates that all U.S. citizens have the right to due process, which refers to fair and reasonable treatment and the opportunity to defend one's innocence in order to avoid being stripped of life, liberty, or property. Due process is another way that the criminal justice system attempts to protect the innocent. Although some argue that due process keeps the system from working efficiently, most agree that it is vital in order to ensure that individuals aren't wrongfully convicted and imprisoned, or worse, executed. Policies governing professionals. Explain laws of due process. Due process is a regulation meant to keep the criminal justice system from wrongfully robbing citizens of their rights to fair and reasonable treatment. That makes this purpose a bit different than the others, because rather than being aimed at the suspected criminal, due process protects the suspected criminal from wrongdoing in the criminal justice system. Explain how policies of due process govern criminal justice professionals and protect citizens from unethical behavior. The last free place on earth. Located in California, about 50 miles north of the U.S.-Mexico border, lies a community like none other, Slab City. The word city is used loosely because it is not recognized on any map, and it is not connected to any public water, electricity grids, or public trash and recycling routes. Slab City is a slowly growing community and self-proclaimed last free place on earth. In Slab City there are no laws or governing bodies. Rather, the community has generated a code of ethics that guides behavior. One specific community within the city, East Jesus, is working to obtain county and state grants to pay for dumpsters to be brought to the community to carry away the growing amount of trash residents create. Surprisingly, the introduction of outside resources is quite a controversial topic in Slab City. Many community members interpret this outreach to the state and county as an unwelcome attempt at gentrification that violates the city's codes of ethics. Overall, Slab City is quite tame for not having any laws. However, its 640 acres are regularly patrolled by outside police officers who have an interest in preventing crime near their cities of residence. Law Enforcement So who makes sure these goals of the criminal justice system are actually achieved? There are three main parts to the U.S. criminal justice system, law enforcement, courts, and corrections. Let's look at each of these three components in detail so that you can develop a clear understanding of how the criminal justice system works. What good are laws if they aren't enforced? Unless there are consequences for breaking a law, there's little incentive for citizens to abide by that law. Thus, the need for law enforcement. Law enforcement is the arm of the criminal justice system responsible for investigating, identifying, fining, arresting, and or detaining those who break laws in an effort to protect people and property. Law Enforcement Careers There are several different types of law enforcement officers. Perhaps the most well-known are the police officers who are trained to enforce the law, maintain order, and properly handle suspects. Other law enforcement officers, called detectives, are trained to investigate crimes and handle evidence. There are also lesser-known law enforcement officers with different sets of duties. State police and highway patrol officers assist with law enforcement officers in small towns and rural areas. Fish and game wardens enforce rules and regulations that protect wildlife. Transit and railroad officers patrol public transportation areas like subways, rail yards, commenter trains, and freight railway stations. Federal air marshals protect the public and crew members from threats of any form and hostile passengers on commercial flights. Border patrol agents help patrol the boundaries shared between countries and monitor illegal activity. We'll be discussing the specific roles of law enforcement officers in greater detail later. Law Enforcement Process Later in the course, we will go through the steps of a trial in detail, but for now, what does the law enforcement process, in general, look like? Arrest Once a suspect has been identified, they must then be apprehended and charged with a specific crime, or in some cases, multiple crimes. Ideally, the suspect is arrested on the scene immediately after the crime has occurred, but in many cases, the suspect leaves the scene of the crime before the police arrive on the scene. When this happens, a warrant must be issued for the person's arrest. A warrant is a legal document issued by a judge that justifies the arrest of a suspect. This warrant must comply with the Fourth Amendment and must particularly identify the person. Failure of both or either of these stipulations will make the arrest warrant invalid. However, if the arrest warrant follows the Fourth Amendment and describes the person, then the warrant is considered valid. Citizen's Arrest It was 1985 in East Los Angeles, California. A group of people watched as a man tried to steal two cars and actually assaulted a woman. The group chased this man down and forced him to sit on the curb until police arrived. The man that was apprehended, coincidentally, happened to be the infamous serial killer Richard Night Stalker Ramirez. Although state and federal agencies hire law enforcement officers to protect and serve, law enforcement actually begins with private citizens just like you. Police departments rely on the public to report crimes and identify suspects. The concept of a citizen's arrest dates all the way back to medieval England. When the Statute of Winchester was written and created in 1295, it gave ordinary people the obligation to help apprehend a criminal if a constable or another citizen let out a cry for help when a suspect was escaping. Today, citizen's arrest looks different. Each state has their own laws governing citizen's arrests, but broadly speaking, a citizen can arrest anyone else for a misdemeanor or felony if the crime happens in their presence. Booking Once the suspect is arrested, they are taken to the local jail so that booking can take place. Booking is the act of recording the arrest of an individual and entering their personal information into the police blotter. Information that is typically recorded includes the suspect's name, fingerprints, and photograph, as well as the specific crime the person is charged with. This is often when a person's photograph, or mugshot, is taken as well. Mugshots are helpful identifiers when, as sometimes happens, two people with the same name are booked at the same police station. These mugshots help verify a person's identity, along with recording that person's physical condition at the time they were arrested. Prosecution Once a suspect has been booked, a prosecutor will review the evidence in the case, evaluate whether the person has indeed committed the crime, and determine the likelihood that the individual will be prosecuted. Using this information, the prosecutor decides whether to take the case to court or dismiss it. If the case is dismissed, the suspect must be immediately released. Courts The role of courts in the United States criminal justice system is to ensure that justice is served. The act of bringing someone to court for the suspected commission of a crime is called prosecution. Under the U.S. Constitution, all legal citizens have the right to a fair trial when accused of a crime. The Sixth Amendment allows anyone who is brought to court after being accused of a crime access to a lawyer for free. These lawyers are called public defenders, or court-appointed representation, and are paid by the government. When someone cannot afford a private lawyer, they have a right to request a public defender for their defense counsel. During the trial, the accused will either be found guilty or not guilty based on the facts and evidence presented in the case. The prosecuting attorney will make a case against the suspect in an attempt to prove that they indeed committed the crime. The defense attorney will defend the suspect's innocence. This court system, in which two parties argue the guilt or innocence of a suspected criminal, is called an adversarial system. The U.S. Constitution and Bill of Rights, as well as certain Supreme Court decisions, have determined that fair trials should be speedy, public, and resolved by a jury or a panel of unbiased citizens charged with determining a person's guilt or innocence. Although members of the jury, called jurors, used to be able to interpret the law as well as apply it to court cases, only those jurors in Maryland and Indiana still retain this right. Once a jury has made their decision, the defendant is either acquitted or cleared of all criminal charges by a not guilty verdict or found guilty and sentenced by a judge. Many times, a sports metaphor is used to describe the role of judges in the United States criminal justice system, comparing their duties to the duties of an umpire or referee. A referee or umpire is a neutral party who didn't make the rules of the game and does not play for either side. Their duty is to know what the rules of the game are and see that everyone follows them so that the game remains fair. They must be able to retain an incredible amount of knowledge that, in some instances, players themselves, like lawyers and other court personnel, may have never really heard of. In the same way, the judges in a case do not make the laws, although they must know what the laws are. They also do not represent either side. Their job, like an umpire, is to make sure that both parties follow the rules of law. You may think that after the jury has delivered the verdict and the judge has sentenced the defendant, the process is over. In many cases, nothing could be further from the truth. U.S. citizens also have the right to an appeal. An appeal is a request made by the defendant for a higher court to reverse a decision. To understand how appeals in all cases work, it is helpful to review quickly the structure of the court system. The United States system of government is based on a concept called federalism. Federalism dictates that the federal government share powers with each of the 50 states. The U.S. Constitution gives some powers to the federal government, but the states have the authority to handle all other legal issues on their own. That's why there are two separate court systems in our country, federal courts and state courts. Nearly all cases in the United States are heard in state courts. In fact, only about 5% of all court cases in America are handled on a federal level because the Constitution limits the jurisdiction of federal courts. When a federal crime is committed, the offender may face prosecution in a federal court. The federal court system often hears cases pertaining to the interpretation of federal law, among other topics. Bank robbery, kidnapping, and counterfeiting are examples of federal crimes. Federal courts are also charged with ensuring that state and local laws are constitutional. Federal courts may overturn the decision of a local court if the decision violates the constitutional rights of American citizens. Both state and federal court systems are divided into several levels. First level, district or trial courts. These courts hear cases first. They are typically called district courts in the federal system and trial courts in the state systems. This first level may also include courts that deal with specific legal matters, such as family courts and juvenile courts. Second level, appellate courts. These courts hear appeals from the lower trial or district courts. In the federal court system, appeals are organized into 12 districts based on the U.S. Circuit Courts of Appeals. In the state systems, these courts are usually called courts of appeals. Each state divides their territory in different ways into various circuits or smaller areas as well. State courts of appeals hear cases that get appealed in their circuit area. Overall, appellate courts do not retry the case, hear new evidence, or hear new witnesses, and there is no jury. Rather, appellate courts make sure the trial court followed procedures correctly and made fair decisions. If the appellate court finds that the trial court did these things, they will uphold the decision made by the trial court. At this point, the defendant still has one last chance to make their case in a Supreme Court, which will make the final decision on the case. Third level, Supreme Courts. These are the highest courts in the system and courts of last resort for appeals. Each state has a Supreme Court, and in the federal system, the court of last resort is the Supreme Court of the United States. The U.S. Supreme Court in more detail. Under Article III of the Constitution, the judicial power of the United States is vested in the United States Supreme Court, which is the highest court in the land. The court consists of one chief justice and eight associate justices. Each justice is nominated by the President of the United States and approved by the Senate. They serve during good behavior, meaning they can serve for as long as they want to, provided they are not impeached and convicted for misbehavior. Did you know? Did you know that the United States Supreme Court receives around 10,000 petitions per year, but they hear only about 75 to 80 cases? Article III also gives Congress the authority to create the lower federal courts. It has exercised this power by establishing the federal court system's present form. This includes 94 district-level trial courts and 13 courts of appeals sitting below the Supreme Court. Of the approximately 10,000 petitions it receives each year, the U.S. Supreme Court ultimately hears fewer than 100 cases. When deciding whether to hear a case, the justices use the Rule of Four. This rule dictates that if four of the justices believe the case should be heard, then a writ of certiorari is issued. A writ of certiorari is a request for the lower courts to submit the court records for the case for review. The justices choose cases based on their potential impact on constitutional law and on the influence the case may have on the people of the United States. The more people the case will impact, the greater the likelihood that it will be heard by the Supreme Court. Once the Supreme Court rules on a case, the decision is final, and the ruling establishes a precedent, or an example that should be followed in subsequent cases related to the same law. The Supreme Court Today Today, the United States Supreme Court is made up of one chief justice and eight associate justices. Of the near 7,000 cases they are asked to review each year, the Supreme Court only hears about 100 to 150 appeals in total. Once they come to a final decision, that decision can no longer be disputed in another court. Did you know? Did you know that in 1997, the Supreme Court ruled that the freedom of speech protected by the First Amendment also applies to ideas posted online, including blog posts and social media comments? Their ruling in Reno v. ACLU overruled part of the Communications Decency Act. Spotlight on Florida Courts There are 67 counties in Florida, and the Florida state constitution mandates that there be a court for each of them. County Courts County courts preside over traffic cases, misdemeanor criminal cases, small claims lawsuits that are seeking less than $8,000, and civil cases that are seeking less than $30,000. In this system, county judges serve six-year terms. In order to be eligible to serve as a county judge, one must have been a member of the Florida Bar for at least five years, except in certain counties. Circuit Courts Florida Circuit Courts hear cases involving matters that county courts are not authorized to preside over. Circuit Court judges reside over felony criminal cases, family law cases, divorces or child custody, probate cases, guardianship cases, and civil law cases seeking more than $30,000. Circuit Courts may also hear appeals from county cases. There are 20 different Circuit Courts in Florida, and Circuit Court judges are elected for six-year terms. To run for Circuit Judge, one must have practiced law in the state for the previous five years. District Courts District Courts were established in Florida in 1957 in order to alleviate the overwhelming caseload of the Florida Supreme Court. These Appellate Courts were established in five districts and are located in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach. District Courts hear appeals from Circuit Court cases. Like Circuit Court and County Court judges, District Court judges serve six-year terms. Usually, the verdict given by a Florida District Court is final. Parties may request a review of a case from the Florida Supreme Court or United States Supreme Court, but most requests are denied. Florida Supreme Court Florida Supreme Court reviews cases that, among other issues, deal with death penalties, matters of disputed state statute, provision or issue in the state constitution, and issues of bond validations, making sure financial products called bonds are reliable and good investments, and certain items regarding utility rates. Like the U.S. Supreme Court, they may also hear appealed cases from the lower-level courts in the state. State Seven Supreme Court justices serve on this court. Corrections Once an individual has been found guilty and sentenced for their crime, they then become the responsibility of the correctional authorities. There are several different types of correctional agencies in the United States. Probation agencies The term probation comes from the Latin word probationum, meaning testing. Often, first-time offenders or offenders of minor crimes are sentenced to probation rather than forced to serve jail or prison time. This is the court's way of testing whether or not the offender can be trusted to continue abiding by the law after they have served their probation. Probation can last months or even years, during which time the convicted individual must abide by certain rules set forth by the court. Some terms of probation include Residing in a specific location This can call the criminal to either reside in a particular place or refrain from entering a certain place. Adhering to a certain curfew Sentences may include curfews that govern when a person can leave for the day and when they must be home at night, provided the curfews are not excessive. Refraining from drugs and alcohol Various types of drug tests, like urine tests or breathalyzers, can detect the presence of different types of drugs or alcohol. Avoiding contact with certain people This could include victims, potential victims, and or co-defendants, such as partners in crime. Probation officers, those law enforcement officials charged with ensuring that the offender abides by the terms of their probation, must provide supervision and evaluation of the offender's progress. Depending on the nature of the crime committed and the type of supervision deemed necessary by the court, offenders may simply have to report to their probation officers at scheduled times or they may be intensely monitored through surveillance or GPS tracking systems. Jails and prisons We know a bit about the origin of the jail system in the United States, and many people mistakenly use the words jail and prison interchangeably, but these two facilities are actually different venues for incarceration. Whereas jails are typically smaller and intended to detain those awaiting trial, as well as convicts serving short terms for misdemeanors or minor crimes, prisons detain only criminals convicted of felonies, for example, more serious crimes, who are serving sentences exceeding one year. In addition, jails are typically overseen by local governments, whereas prisons are run by either state or federal governments. We know that one of the purposes of the criminal justice system is to offer rehabilitation and support to offenders. To this end, both jails and prisons may offer work release programs, substance abuse support groups, educational training, and vocational training. Once an individual has been accused of a crime and brought to court, a trial is scheduled and bail is set. Bail is the amount of money the accused must pay in order to be released by the court until the date of the trial. In essence, bail is a sort of security deposit the accused pays as a pledge to appear in court on the specified date. If the accused is unable to pay bail, then they are detained in the jail until the court date. If bail is paid, then the accused is released. As long as they report to court as promised, the accused will be able to reclaim the amount of the bail once the court proceedings are over. If they fail to report on the court date, however, bail is forfeited and a warrant is issued for the individual's arrest. Bail amounts vary widely depending on the nature of the crime and the accused's circumstances. Judges must consider several factors when determining bail, the most important of which are, one, how serious the alleged crime is, two, the amount of evidence the prosecution has, and three, the likelihood that the accused will attempt to flee the area. Other factors, such as the accused's financial resources and ties to the area, such as work, family, etc., are also considered. When the alleged crime is of a particularly violent nature, bail may be denied in order to protect citizens from the threat of a dangerous criminal. If the accused is convicted of a crime and receives a short sentence, they will serve that sentence in a local jail. Attempts to escape or otherwise avoid incarceration are usually punished with a longer prison sentence. Prisons are typically large facilities designed to incarcerate numerous criminals for longer periods of time. Because prisons house criminals who have committed more serious offenses, many of them violent, they are typically much more secure than jails. Some prisons take more security precautions than others, however. The Federal Bureau of Prisons classifies facilities according to four different levels of security, minimum security, low security, medium security, and high security. Whereas minimum security prisons often have dormitory housing, little to no external fencing, and few guards, high security prisons employ the use of cells, walls, or double fences, and the lowest inmate-to-guard ratio. As of March 2020, there were over 175,000 federal inmates in the United States. Did you know? Did you know that America incarcerates more of its citizens than any other country? As of 2020, America's prison population totaled 2.3 million. The majority of the country's prisoners are nonviolent offenders, meaning they have not committed violent crimes such as assault, robbery, rape, manslaughter, murder, or any other type of violent crime. Parole agencies. The term parole is a word adopted from the French, meaning voice. During the Middle Ages, the term was used to refer to the practice of releasing prisoners who gave their word not to reoffend. Today, the word parole refers to the period of time a convict remains under legal supervision after being released from prison. The terms and conditions of parole vary from state to state, but in many instances, a prison sentence will allow for the possibility of parole. For instance, if an offender is sentenced to 20 years to life, then he or she will be eligible for parole in 20 years. At this time, the individual would appear before a parole board for evaluation. Members of a parole board consider many different factors when deciding whether or not to release the prisoner and put them on parole. Some of these factors include the prisoner's behavior during incarceration, establishment of a residence, employability, and the prisoner's likelihood of becoming self-sufficient. Some prisoners may receive time served for good behavior and therefore be eligible for parole earlier than their initial sentence indicates. In some states, convicted murderers and other serious offenders are often sentenced to life without the possibility of parole. Intermediate sanctions. Another type of corrections is referred to as intermediate sanctions. Intermediate sanctions are punishments that are more severe than probation alone, but less restrictive than incarceration. This is a relatively newer corrections method and was first implemented in the mid-1980s. Intermediate sanctions attempt to reduce the overcrowding in state prisons and local jails, help taxpayers save money, and better manage higher-risk offenders in the community. They were also designed to promote fairness of sentencing to different types of offenders. You've heard the phrase, the punishment should fit the crime? Reason tells us a murderer and a shoplifter shouldn't face the same punishment. Intermediate sanctions offer judges the option to sentence offenders who committed misdemeanors with a lighter sentence instead of jail or prison time. Some forms of intermediate sanctions include house arrest, community service, and diversion programs. House arrest. In some cases, a convicted criminal may be sentenced to house arrest as opposed to incarceration. Under house arrest, an individual may be required to remain at their place of residence except to go to work or seek medical treatment. Electronic monitoring and GPS tracking devices may be used to ensure that the convict abides by the terms of their house arrest. House arrest can help reduce overcrowding in prisons and aid probation officers in managing their caseloads. Convicts are rarely sentenced to a 24-7 house arrest lockdown, though. Depending on the severity of the crime, the judge can structure the details of house arrest to include breaks. These allow the person under house arrest to still be able to work, attend school, go to required counseling sessions if need be, perform any required community service, or attend court-approved activities. The court may also order a curfew and expect the person to only travel from their home to each approved activity. And although the person doesn't have to serve their time in a jail cell, there is no time-served credits for a person under house arrest, like there might be in a prison or jail. The sentencing is completed in its full term. Tracking devices, which are normally worn around the ankle, are designed to be tamper-proof and must be worn at all times during the sentence. Most of these devices are waterproof and have a GPS and a radio transmitter embedded inside the device so that the offender's whereabouts can be continuously monitored. Depending on the sentence and or the severity of the crime, some house arrest monitors have listening devices implanted in the device so that officers or someone at the listening station can keep track of the person's conversations. Some models even detect drug and alcohol levels in the body and can alert authorities if the person has consumed any drugs or alcohol that the judge specifically told them to avoid. The Secure Continuous Remote Alcohol Monitor, or SCRAM, is very commonly used for this purpose. Under house arrest, if a person is found to have removed the device, they can be arrested immediately and forced to serve the rest of their sentence in a jail. Rules and regulations vary from state to state and county to county. Did you know? Some judges get really creative when doling out sentences to convicted criminals. An Ohio judge by the name of Michael Cicconetti is well known for ensuring that the punishment fits the crime for the criminals in his courtroom. In 2005, he sentenced a 25-year-old female to spend a night alone in the woods with nothing but the clothes on her back for abandoning 35 kittens. In a separate case, Cicconetti ordered two individuals who vandalized a nativity scene on Christmas Eve to walk through the town with a donkey as repayment for their crimes. Cicconetti isn't the only judge handing out these odd sentences. In fact, this practice has become a kind of trend in the criminal justice system. Not everyone agrees that creative sentencing is constitutional, however. Some see it as a violation of the Eighth Amendment's protection against cruel and unusual punishment. Community Service When judges sentence criminals to community service, these offenders must work without compensation for a certain number of hours or until a specific project has been completed. An individual may be sentenced to community service alone or they may have to pay a fine or be on probation as well. There are many ways that community service can be performed, and often, as we know, the judge will require that the punishment fit the crime. For instance, a first-time DUI, Driving Under the Influence, offender may be required to visit high schools to conduct presentations on the dangers of drinking and driving. If the offender does not fulfill the terms of the community service mandated by the judge, then they will be brought back to court and potentially face harsher punishments, including jail time. But does any community service count? Can offenders choose? Well, if a person is sentenced to community service, it must benefit the community. Depending on the severity of the crime, a judge will sometimes ask what type of community service the offender would like to perform. However, community service hours can range from 30 to 400 hours of unpaid labor, so certain types of more physical service might be harder to carry out if the sentence is heavier. Some common community services include removing graffiti, picking up trash, or cleaning and helping decorate community areas such as a town square. Other sentences might also include paying restitutions to harmed parties, organizing and setting up substance abuse and treatment meetings, or sponsoring and counseling others in various types of diversion programs. Diversion programs. Many states have diversion programs that allow first-time offenders of minor crimes to avoid the trial and sentencing process and instead be diverted or directed away from formal jails or prisons to counseling and or a treatment center. The guidelines for these diversion programs vary by state, but most require that eligible offenders do one or more of the following. Complete treatment programs, pay fines, perform community service, make restitution to their victims, and undergo job training. Diversion programs allow individuals who have committed minor crimes to avoid the social stigma of criminal prosecution. Many times, any court records associated with the crime are destroyed or sealed after the individual has successfully completed the program. If the offender fails to complete the program, then the case is brought back to court for prosecution. Knowledge check. By answering these questions, you can test your understanding of new information and uncover any gaps in your knowledge. Reviewing the feedback will help you focus your studying before taking the graded unit quiz. Andrew is brought into court for disturbing the peace. He was caught fighting within a large group of people who were also fighting on a crowded street during spring break. Police were dispatched to break up the fight, and Andrew, along with many others, was arrested, booked, and is now sitting in front of you, the judge, waiting to hear what his sentence will be. Andrew has no criminal history. There were no assault charges filed during the fight. Other than the fact that they were intoxicated over the legal limit, those fighting did not resist arrest, and they were not belligerent towards law enforcement. Which sentencing would be the best deterrent to others and the most fair to Andrew? Andrew will serve one month under house arrest and complete 45 hours of anger management classes. Nope, wrong answer. House arrest is considered an intermediate sanction and as such is rarely served to first-time offenders. We do not know if the fight was based on any anger issues Andrew may have. Andrew will be under probation for three months and will be ordered to avoid all social drinking events and or gatherings. Yep, you got it. Probation is a sentence served to first-time offenders for minor crimes and misdemeanors. Disturbing the peace is almost always classified as a misdemeanor. Having Andrew avoid social drinking events and gatherings will ensure that intoxication will not exacerbate public fighting in the future. Andrew will complete 60 hours of group therapy for a diagnosis of alcoholism. Nope, wrong answer. From the information gathered from the police report, booking information, and criminal history, Andrew shows no signs of alcoholism. Moreover, a judge is not qualified to give such a diagnosis. Andrew will serve two months in jail and will be under probation for four months after jail time is completed in full. Nope, wrong answer. For a first-time offender who committed a minor crime like disturbing the peace, jail time is seen as an extreme sentence. Select the scenario which would have the greatest chance of an appeal being granted and the court ruling being reversed. A defendant misses their court case, which was originally for a minor crime due to travel issues and having no way to get themselves to the courthouse. A warrant was issued for their arrest for missing court. They are arrested and brought back to court and given a harsher sentence for missing the first scheduled court date. Nope, wrong answer. This would likely not result in an appeal being granted, as there is no evidence that an injustice was perpetrated against the defendant. Judges rarely forgive defendants for missing court for a reason such as not being able to get there on time. Each state has their own processes, but if someone knows they cannot make a court date, they should talk with their lawyer to help reschedule the date rather than missing altogether. Shelby is being charged for breaking and entering. She was arrested based on her physical description alone, but she did not commit the crime. She just so happens to share many physical attributes with the real criminal. Even so, two eyewitnesses identified Shelby as being the criminal and she was found guilty in court. Nope, wrong answer. Unfortunately, it sometimes happens that an innocent person is found guilty for a crime they did not commit, either based on eyewitness accounts, DNA samples, or other pieces of faulty evidence. If Shelby had been granted an appeal, there is no evidence here to suggest the original ruling would be overturned. Many times a case may be reviewed by an appellate court that upholds the original court's verdict. Mark, who lives in St. Louis, Missouri, is being tried for shooting and critically injuring a burglar that entered his home. Mark feels confident that he will be found not guilty under self-defense. The jury chooses to interpret the situation as assault with a deadly weapon and attempted manslaughter, and Mark is charged with these crimes. However, Missouri jurors are not allowed to interpret law in this way. Yes, this looks like a case that might be granted an appeal and have the original verdict overturned, as the Missouri jurors did not act within the law. Karen is a public defender but was found guilty of a serious crime. She was only able to meet with her state-appointed lawyer a few days before trial to put together her case. The lawyer was also working on five other smaller cases during and leading up to Karen's trial. During court, Karen was found guilty. She believes she was given inadequate representation. Nope, wrong answer. Many public defenders only meet a few days before trial. Because they are paid by the state, their schedules are full, and they tend to juggle multiple caseloads at once. This is typical for a public defender. Courtney has been given a court-ordered tracking device she must wear for one month. What type of sentencing did Courtney just receive? House arrest. Yep, you got it. While under house arrest, people wear a GPS tracking device around their ankle so that their location can be monitored at all times. They are normally ordered to stay at home except for possible outings such as educational opportunities, work, doctor's appointments, and counseling. Community service. Nope, wrong answer. Community service is done during scheduled time and usually under supervision of a law enforcement officer or a probation or parole officer. Tracking is not needed during community service. Diversion program. Nope, wrong answer. The guidelines for diversion programs vary by state, but most require that eligible offenders do one or more of the following. Complete treatment programs, pay fines, perform community service, make restitution to their victims, and undergo job training. Jail sentence. Nope, wrong answer. Jail is designed for individuals who have committed more serious crimes and would override a sentence like house arrest, which is considered an intermediate sanction. Jameel is visiting his friend Cameron. Cameron tells Jameel that his cousin was just arrested and describes exactly how it all happened. The police brought in Cameron's cousin. They recorded his name, took his fingerprints, and photographed his mugshot before placing him in jail. Where did the criminal justice professionals go wrong in the booking process? The police did not record the crime that Cameron's cousin was suspected of committing. Yep, you got it. Booking consists of recording the person's name, taking fingerprints, recording why they were arrested, and taking their photograph. The individual was not appointed a public defender. Nope, wrong answer. The request of a public defender does not happen until a court date is set. The police did not request Cameron's cousin to pay bail. Nope, wrong answer. Bail is not set until a trial is scheduled. The police do not have to record their mugshot unless there is another individual arrested with the same name. Nope, wrong answer. Every person brought in for booking has their mugshot taken regardless of their name. Conclusion. The criminal justice system in the United States continues to evolve. Policymakers and law enforcement officials continually strive to hit the delicate balance between keeping our communities safe and protecting the rights of accused criminals. As we know, there are many things to consider when devising a criminal justice system that works socially, morally, and economically. Next, we'll discuss the history of this complex system.