3. In court and on trial

‘In court and on trial’ outlines the procedures once a trial date has been set. There is considerable variation in terms of the nature of the decision-maker—judge or jury—as well as the ways that the adjudicator is appointed. In almost all countries, prosecutors and judges are appointed, but in many US states they are elected. The jury decides questions of fact, whereas the judge decides matters of law. There are now specialist courts, such as drug treatment courts and juvenile courts, which focus on one particular form of offending and adopt a ‘problem-solving’ approach. What happens when criminal justice fails? Wrongful convictions and wrongful acquittals are also discussed.

2. Between the crime and the court

‘Between the crime and the trial’ discusses the procedures undertaken by the police and prosecution services after a crime has taken place and before court proceedings begin. Out of court disposals can be used for less serious crimes and where the allegations are not contested. Police may issue ‘on the spot’ fines for public disorder or impose conditional cautions. Failure to comply with the conditions will trigger prosecution. After an arrest, the prosecution guides the proceedings. Pre-trial developments include decisions on whether to: charge the defendant; bail them or remand them to custody; negotiate justice through plea bargaining; or offer to reduce the sentence if the accused will plead guilty.

7. The future of criminal justice

‘The future of criminal justice’ proposes that a number of trends are set to continue. Budget cuts will mean more privatization along with greater public awareness and official scrutiny of police. It is likely that many countries will seek to reduce the use of imprisonment as a sanction, with more electronic monitoring replacing custody as a sentence. It is also likely that more offenders will be punished through financial penalties and asset seizure. A greater harmonization of effective criminal justice practices worldwide may result in the end of the death penalty. Finally, victims may be given even more rights throughout the criminal process.

6. Hearing the crime victim?

Within the traditional adversarial model of justice, the victim often serves as the principal prosecution witness and, having served this function, plays no further part in criminal proceedings. In inquisitorial systems, the victim plays a greater role with rights for input into proceedings. ‘Hearing the crime victim?’ explains how much progress has been made in improving the criminal justice response to victims. Victims can now submit victim impact statements, which can be used to guide or inform decision-making throughout the CJS. Additional attention is paid to crime victims and they are offered more services, but are these reforms sufficient? Restorative justice initiatives are also described.

4. Why punish … and how?

Why is punishment imposed and how do we justify the penalties imposed? ‘Why punish … and how?’ outlines the legal justifications for punishment: one perspective focuses on the crime and its seriousness; the second relates to crime prevention. Sentencing therefore looks in two directions: backwards, to assess the seriousness of the harm caused and to hold the offender accountable for that harm; and forwards to assess the risk the offender may pose to society. Sentencing objectives include proportionality, deterrence, and rehabilitation, but how do courts decide which objective is appropriate? Sentencing guidelines, mitigating and aggravating factors, and sentencing options (imprisonment, fines, and community orders) are also discussed.

1. Introducing criminal justice

The criminal justice system (CJS) is wide-ranging and involves numerous components and professionals. ‘Introducing criminal justice’ outlines the objectives of criminal justice; how crime can be punished and prevented; the key principles of criminal justice; the two contrasting models of criminal justice—the adversarial model and the inquisitorial model; the various components of the CJS—police, prosecution, judiciary, prisons, probation, and parole; the limits on the power of the CJS; discretion in criminal justice decision-making; the limits on the effectiveness of criminal justice; and criminal injustice through wrongful convictions, wrongful acquittals, over or under punishment, or discrimination.

5. In and out of prison

‘In and out of prison’ considers the state of prisons today; the typical prison population; the crimes that result in imprisonment; the costs of imprisonment; the process of release and the pros and cons of parole; life after release; and re-offenders. We expect our prisons to punish and to rehabilitate, but often there are numerous ‘pains of imprisonment’: incarceration, assault, homicide, accidental death by drug overdose, self-harm, and then the long-term financial impact and adverse life events on release from custody. Rehabilitation in the prison system is also difficult and costly to provide. Alternatives such as managing offenders in home confinement through intensive forms of electronic monitoring are also considered.