What is Criminal Justice?

What is Criminal Justice?

Understanding or defining a field improves research, study, learning and participation. Let’s pull apart the phrase “criminal justice” as see if we can figure out exactly what the field is.

What is a crime?

“a crime is an act committed or omitted in violation of a law commanding it or forbidding it, to which is annexed upon conviction one of the following punishments: death, imprisonment, fine, removal from office or disqualification to hold any office.”

My students will know that I give that definition off the top of my head. The definition of crime was something I was made to memorize early in the police academy. For a police officer, it is important to understand that a crime constitutes an act against a statute. No act no crime – “You can’t go to jail for what you’re thinking.” Also, no statue, no crime. There must be both an act and a statute. A dirty little secrete is that sometimes our legislative bodies pass acts without penalty. So, no act or no statute or no penalty equals no crime.

While this is not about immigration, look at section 834b of the California Penal Code. This is a good example of a statute which requires people to do something, but has no penalty attached for non-compliance. While there is a statute that commands local officials to cooperate with federal officials, absent a penalty non-compliance is not a crime.

Some laws aren’t crimes

SECTION 834b
834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.
(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
(1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States. (3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.
(c) Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.

Process not outcome

The criminal justice system deals with crime. Acts for which there is a statute and a penalty. Now onto justice. In the context of our American system, the word justice is not about outcome it is about process. If you replace justice with fairness you get a better idea of what the system is trying to accomplish. The Criminal Fairness System is interested in protecting and balancing the Rights, both Constitutional and procedural, of the persons involved. Criminal Justice (or fairness) is about the system, the process, about what goes on. It is not the outcomes or what happens.

Consider that both Stanley Williams and OJ Simpson were tried for murder. Both were likely guilty, yet one was put to death and the other set free. These are very lopsided outcomes. Arguments about penalty aside, the question is – did they receive justice? Did the system act properly, balancing the Rights of all parties?

Generally, there are four parts to the Criminal Justice System – enforcement, adjudication, courts and corrections. Enforcement is the police who investigate and arrest. Adjudication is the prosecutors and the defense attorneys who argue the case (and the prosecutors have an additional job of deciding to move the case forward). The courts referee between the two adjudicators and decide (either by judge or jury) who prevails. Finally, corrections implements the punishment as dictated by the court.

Criminal Justice is the study of all four parts of the system and their ability to be just (or, fair) as they process someone accused of a crime. In this system, the victim, like the offender has Rights, also. It is the job of the Criminal Justice System to balance all rights. Generally, the prosecutor is the voice for the victim. If you look at OJ Simpson and ask – “At what point(s) did the system fail to balance the Rights of all parties?” You can see places were the Criminal Justice System probably failed. If the system fails to protect someone’s rights during the process the system and likely the conclusion is unfair. There is a lack of justice when the Criminal Justice System fails as a process.

Help develop the discussion on criminal justice by posting a reply on the criminal justice forum.