The United States Criminal Justice System

us criminal justice system courthouse
The United States Criminal Justice System is the system used by national and local governments to maintain social control and punish violators of the law with criminal penalties.
 
The primary agents responsible for upholding the law under the U.S. criminal justice system are:
  • courts
  • defense attorneys
  • law enforcement officers (police and prosecutors)
  • prisons and jails.
Together, these agents work to arrest, charge, adjudicate and punish those individuals found guilty of a crime. They are also responsible for ensuring that the accused are given a fair trial and that their individual rights are protected throughout the process.
 
By law, individuals tried through the U.S. criminal justice system remain innocent until proven guilty.

History of Criminal Justice in Colonial America

When the colonists first arrived in America, they had no trained lawyers or judges to resolve conflicts that arose. Early settlers on the continent relied on their memory of the English common law system to navigate difficulties and justly punish offenders.
 
The common law system was not based in pre-defined codes or laws, as our system is today. Instead, the common law used a system of precedents when handling criminal cases. Crimes were judged based on resolutions reached by other judges who had handled cases of a similar nature. There were no prosecutors or attorneys, and the juries were composed of members of the community in which the offense had taken place.
 
Crimes were divided into two categories: felonies and misdemeanors. The felonies were usually handled by a jury, while the misdemeanors had less formal means of resolution. Furthermore, the victim of the crime was usually responsible for financing the trial and instigating prosecution.
 
This basic methodology for handling criminal offenses is what colonists drew from in instituting their own form of criminal justice. The English common law, along with colonial religious beliefs, greatly shaped early lawmaking in America. Remnants of these early influences can still be found in criminal justice codes today.

Modern Components of the Criminal Justice System

Today many more laws are in place to protect criminals and treat all offenders with fairness. Laws are more uniform than they were during the colonists' time, and the punishments for each case are recorded so that the system can constantly refine itself.
 
The contemporary U.S. criminal justice system includes the following five components:
  1. local law enforcement: For minor offenses, the police may ticket or fine an offender. For more serious offenses that involve victims, police will arrest offenders and bring them to the court system for trial.
  1. court trial: The next step in the legal system is trial by a court of law. In court trials, a law enforcement officer or other witnesses present the facts and evidence of the case to the prosecutor. Then, the prosecutor decides whether charges should be filed against the offender.
  1. court case: If charges are filed against the offender, the next step is to bring the case to a judge in a court of law. In cases where a criminal is obviously guilty, a judge may offer a sentence or other punishment, depending on the severity of the crime. For more complicated cases, an entire trial ensues.
  1. trial with grand jury: In trials with grand jury, the jury is responsible for hearing both sides of the case and helping to determine whether an offender is guilty. Composed of neutral third-party members, the modern jury system helps ensure that individuals charged with an offense receive fair and unbiased treatment.

  2. decision and punishment: After hearing both sides of the case, jury members make a decision about whether the offender is guilty or innocent. Thereafter, the judge will usually deliver the sentence of punishment if the offender is found guilty.
Resources
 
Bureau of Justice Statistics (2004). The Justice System. Retrieved March 13, 2008, from the Bureau of Justice Statistics Web site.
 
Sterling, John A. (2002). History of Criminal Justice System. Retrieved March 13, 2008, from Law and Liberty Foundation Web site.