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Types of Systems
- Closed system - does not
- interact with environment
- Open system - in contact with
- and interacts with environment
The environment in which the justice process operates.
Social Values and Criminal Justice
Due Process vs. Crime Control
Federalism vs. Uniformity
Vengeance vs. Assistance
- Rule of Law vs. Individualism
- Balancing Conflicting Values
- - In large part because of the need to balance competing values, the actors in the criminal justice process exercise discretion.
- Discretion is the ability to choose. Regardless of the
- specificity of applicable law, there is almost always room for “judgment calls.”
- Three principle ways of
- controlling discretion:
- Confine by defining limits
- Check by requiring review of decisions
- Structure by providing guidance or guidelines
The Basic Structure of the American Criminal Justice System
The Basic American Criminal Justice Process
Major decisions are:
- Arraignment - the point where defendent pleads
- Correction- decisions about custody and supervision
- Revocation-whether offender has broken probation/parole
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