Explain the importance behind the concept of a criminal system in which those in power are required to follow the law rather than those in power having the ability to act as they see fit
This concept allows the criminal system to be fair to all people irrespective of the power that they hold. People will in turn have faith in a criminal system with procedures since the system will avail justice to all people and will not be manipulated to accord freedom to the guilty. If people in power such as policemen are allowed to act as they see fit then the criminal system will not be fair to all citizens who should have equal rights. It is due to this concept that police must provide a search warrant before entering into someone’s house to conduct searches (2). Without the concept, police would only follow their intuitions and just pop into anyone’s house and conduct searches without any legal basis. If those in power do not observe the law the criminal system will be filled with false convictions, unnecessary searches, and coerced confession all of which will produce a biased criminal system. The concept also serves as a system of checks and balances to ensure that those in power are also controlled from using the power they have to harm other people or using it excessively in their favor (2).
- The criminal justice process is lengthy and, some may argue, arduous. Conceptually explain why this is so and why it is important.
The criminal justice process is lengthy since it contains various steps including criminal investigation, arrest, post-arrest, post-arrest investigation, criminal charge, pretrial, pretrial motions, trials, sentencing, appeal, and post-conviction (3-5). These procedures exist to protect individuals from unjust convictions, arrests, detention, and prosecution. Individuals are also protected by the criminal justice process against intrusion in their liberty and privacy. The system thus creates a balance by protecting the individual as stated above and the society on the other hand by convicting, arresting, detecting, and investigating criminals making it arduous (2). To ensure justice which is the ultimate goal of the criminal system the procedures must ensure accuracy, fairness, efficiency equality, and public fairness (2). The justice process is also regarded as arduous since the police may decide not to arrest a person, the judge may decide an offender deserves a lighter sentence, a prosecutor may not file a charge or file a lenient charge or go into plea bargaining.
- Explain why it is important to balance security with individual rights in the criminal justice system.
The balance between security and the criminal justice system is useful since it provides fair procedures and accurate results. The balance ensures that there are no many legal barriers that prevent the police and the prosecutors from convicting and arresting guilty individuals or too few barriers that may allow the police to conduct unnecessary searches false convictions, and coerced confession (2). The creation of balance in the criminal justice system will ensure that the interests of the society in detecting, investigating crime and convicting criminals does not interfere with the interest of protecting individuals from the intrusion of their privacy and liberty. Therefore both security for the society and individual rights are important but they should be balanced since if one supersedes the other then one section may suffer (2).
- Explain how jurisdiction in the United States resembles a pyramid structure.
The federal judicial system in the United States resembles a pyramid since there are ninety-four district courts at the lowest level which are then divided into 11 regional circuit courts and the court of appeal in the District of Columbia and the supreme courts which sit at the top of the hierarchy. The 94 district courts are the workhorse and the center for federal crime prosecutions. The district courts have one or more judge and they are found in almost every state. A judge presides over trial but a magistrate may also conduct trials for misdemeanors with the defendant’s approval. The regional circuits have jurisdiction over district courts in their geographical area of operation. There is also a thirteenth federal court of appeal which has jurisdiction over the federal circuit in Washington. The circuit court of appeal has a panel of three judges. The decision by the Supreme Court has no appeal and every court that has a case involving an issue that had been ruled by the Supreme Court follows the ruling (6-9).
Chapter 2
- Explain the basic arguments for those on both sides of debate over the nationalization/constitutionalization of criminal procedure. Then pick one side of the argument and support it.
The constitutionalization of the criminal procedure involves the interpretation of the due process clause of the fourteenth amendment to allow the inclusion of the protections of the bill of rights to the states. This has led to the establishment of a single standard of criminal procedure across all levels of government. This means that a person may be prosecuted in any state or the federal system with the rights being fundamentally the same. Constitutionalization allows for the fair treatment of individuals irrespective of their location or background. On the other hand, some argue that the states should be allowed to develop their own criminal procedures appropriate to their environment and demands (23). This is because a Supreme Court judge sitting in a court in Washington lacks the experience required to guide a local enforcement officer conducting interrogation in a state far away since it may lead to the frustration of police investigations and “handcuffing” the police. I believe that the nationalization of criminal procedures is relevant to eliminate any discrimination and biasness that is prevalent in some regions. Nationalization also allows criminal justice professionals and citizens at large to be conversant with criminal procedures without confusion. Uniformity is crucial to ensure fairness and facilitate the implementation of justice equally to all citizens irrespective of their background or their locations (23).
- Explain the primary differences between the concepts of fundamental fairness and total incorporation. Give some of the pros and cons of each system.
The fundamental fairness doctrine provides two bases for a fair hearing.
One is that the defendants must be notified of the charges against them. Secondly, before punishing and convicting defendants there must be hearing of facts. Total incorporation doctrine on the other hand demand that states must apply all provision provided in the bill of rights and the provisions were integrated under the due process clause. The fundamental fairness doctrines allow the defendant to have a fair hearing and enough notice for preparation. It also allows the right to attorney representation and not to testify against oneself. This doctrine also allows the defendant to confront the accuser or a witness. But the doctrine is criticized since it is vague, not specific, and thus not clear in many ways. The doctrine also fails to provide the standards to determine the rights protected by the fourteenth amendment due process clause. Total incorporation on the other hand identifies the specific rights protected by the bill of rights. The doctrine also allows for the incorporation of rights into the fourteenth amendment to be followed by state and federal government. Total incorporation expands the protection to the states making it difficult to have specific procedures rules to their environment and needs. With total incorporation, it is not possible to apply procedures that are not outlined in the bill of rights even if they can be considered fair (24-31).
- Name the four factors Tyler identifies that are crucial in determining whether people perceive that fair procedures are being employed in the criminal justice system.
According to Tom Tyler, a psychologist who pioneered procedural justice the four factors are voice, neutrality, respect, and trust. Voice involves providing people on both sides with an opportunity to present their views in their own words. The authority should hear the views before the decisions are made. Neutrality means that decisions made should not be based on prejudice or personal opinion but on rules applied consistently in similar case fashion (45). If officials explain to the general public transparently how the decision was reached then confidence is increased. The other factor is respect which means that individuals should be treated with politeness and respect by authority. When people are treated with respect and dignity they perceive the criminal procedures to be fair. The final factor is the trust which means that criminal justice professionals should be dedicated and honest in their job. Authorities who are interacting and showing that they are genuinely trying to achieve the best for individuals show fairness (45).