CJ 100 Lecture Notes - Lecture 1: Parole Board, Decision-Making
18 Jun 2018
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The Process of Criminal Justice
Criminal justice is a process, involving a series of steps beginning with a criminal investigation
and ending with the release of a convicted offender from correctional supervision. Rules and
decision making are at the center of this process.
Rules
Sources of rules in criminal justice include the U.S. Constitution and Bill of Rights, state
constitutions, the U.S. Code, state codes, court decisions, federal rules of criminal
procedure, state rules of criminal procedure, and department and agency rules and
regulations. The Federal Rules of Criminal Procedure, for example, govern the
procedure in all criminal proceedings in courts of the United States.
Discretion
Decision making in criminal justice involves more than the learning of rules and the
application of them to specific cases. Decisions are based on discretion, that is, the
individual exercise of judgment to make choices about alternative courses of action.
Discretion, or making decisions without formal rules, is common in criminal justice.
Discretion comes into play whenever police make choices about whether to arrest,
investigate, search, question, or use force. Similarly, prosecutors exercise individual
judgment in deciding whether to charge a person with a crime and whether to plea‐
bargain. Judges also use discretion when setting bail, accepting or rejecting plea
bargains, ruling on pretrial motions, and sentencing. Parole board members exercise
discretion when deciding whether and when to release inmates from prison.
Steps in the criminal justice process
The major steps in processing a criminal case are as follows:
1. Investigation of a crime by the police. The purpose of a criminal
investigation is to gather evidence to identify a suspect and support an
arrest. An investigation may require a search, an exploratory inspection of
a person or property. Probable cause is the standard of proof required for
a search. Probable cause means there are facts or apparent facts
indicating that evidence of criminality can be found in a specific place.
2. Arrest of a suspect by the police. An arrest involves taking a
person into custody for the purpose of holding the suspect until
court. Probable cause is the legal requirement for an arrest. It means that
there is a reasonable link between a specific person and a particular crime.
3. Prosecution of a criminal defendant by a district attorney. When
deciding whether to charge a person with a crime, prosecutors weigh many
factors, including the seriousness of the offense and the strength of the
evidence.
4. Indictment by a grand jury or the filing of an information by a
prosecutor. Under the Federal Rules of Criminal Procedure, an indictment
is required when prosecuting a capital offense. A prosecutor has the option
of an indictment or an information in cases involving crimes punishable by
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Document Summary
Criminal justice is a process, involving a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision. Rules and decision making are at the center of this process. The federal rules of criminal procedure, for example, govern the procedure in all criminal proceedings in courts of the united states. Decision making in criminal justice involves more than the learning of rules and the application of them to specific cases. Decisions are based on discretion, that is, the individual exercise of judgment to make choices about alternative courses of action. Discretion, or making decisions without formal rules, is common in criminal justice. Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force. Similarly, prosecutors exercise individual judgment in deciding whether to charge a person with a crime and whether to plea bargain.
