The American justice system is a complex web of institutions and processes designed to uphold the law, ensure public safety, and deliver justice. Here’s a breakdown of its key components:

1. Creation of Laws:
2. a) Defining Crime: A crime is an act or omission that violates the law and is punishable by the state. Laws are created by legislative bodies (Congress at the federal level and state legislatures) and can be in the form of statutes (written laws) or regulations (rules created by administrative agencies).
3. b) Functionalist vs. Conflict Perspectives:

• Functionalist (Consensus Theory): Laws are created through a shared social consensus on what behaviors are harmful and need to be discouraged. They promote social order and stability.
• Conflict Theory (Marxist View): Laws are created by the ruling class to maintain their power and control over the working class. Laws serve the interests of the powerful and criminalize behaviors that threaten their dominance.

2. Policing:
3. a) Key Steps in the Criminal Justice Process:

1. Investigation: Police investigate suspected crimes, gather evidence, and potentially arrest individuals.
2. Pre-trial Release: Judges decide on pre-trial release options like bail or recognizance (release on promise to appear).
3. Arraignment: The defendant is formally charged with a crime and informed of their rights, including Miranda rights.
4. Plea Bargaining: Prosecutors and defendants negotiate a plea deal (guilty plea for a reduced sentence).
5. Trial: If no plea bargain is reached, a jury trial or bench trial (judge decides) determines guilt or innocence.
6. Sentencing: If found guilty, the judge imposes a sentence (prison, probation, fines).
7. Appeals: Defendants can appeal convictions or sentences to higher courts.

1. b) Issues in Policing:

• Miranda Rights: The Miranda warning informs suspects in custody of their right to remain silent and to consult with an attorney. (Miranda v. Arizona, 1966)
• Excessive Use of Force: Police brutality and the use of excessive force are serious concerns. (Use of force is justified under certain circumstances, but courts determine reasonableness – Graham v. Connor, 1985)
• Police Discretion: Police have discretion in deciding when and how to enforce laws, raising concerns about racial profiling.
• Terry Stop: Police can briefly detain individuals based on reasonable suspicion of criminal activity. (Terry v. Ohio, 1968)

3. Court Operations:
4. a) Key Steps/Components:

1. Filing Charges: Prosecutors file formal charges against the defendant.
2. Discovery: Both sides exchange information and evidence.
3. Voir Dire: Attorneys question potential jurors to select an impartial jury.
4. Trial: Opening statements, presentation of evidence, witness testimonies, and closing arguments occur.
5. Jury Deliberations: The jury reaches a verdict (guilty or not guilty).
6. Sentencing: If found guilty, the judge imposes a sentence.

1. b) Issues in Court Operations:

• Plea Bargaining: Widespread use of plea bargains can raise concerns about coerced confessions and overlooking potentially winnable cases for the defense.
• Bail: Money bail systems disadvantage low-income individuals who can’t afford bail and remain incarcerated pre-trial.
• Due Process: The Fourteenth Amendment guarantees fair legal proceedings, including the right to notice of charges, the right to an attorney, and the right to confront witnesses.
• Right to Counsel: The Sixth Amendment guarantees the right to legal representation for criminal defendants who cannot afford an attorney. (Gideon v. Wainwright, 1963)

4. Correctional Activities:
5. a) Possible Sanctions:

• Incarceration: Sentences can range from short stays in jail to life imprisonment in prison.
• Probation: Supervised release into the community with conditions.
• Fines: Financial penalties.
• Community Service: Unpaid work performed for the benefit of the community.

1. b) Issues in Corrections:

• Appeals Process: Defendants have the right to appeal their convictions or sentences to higher courts.
• Parole Boards/Parole: Boards may grant early release from prison based on good behavior and rehabilitation efforts.
• Prison Services: The effectiveness of rehabilitation programs and educational opportunities within prisons is a topic of debate.
• Private or For-Profit Prisons: The use of private companies to operate prisons raises concerns about profit motives taking precedence over rehabilitation.