The Criminal Justice System

From doing the crime to doing time: How just is our criminal justice system?

16.1 Introduction

Place yourself in the following situation: You have been stopped by the police, who suspect you of committing a crime. One officer begins to read you your rights:

You have the right to remain silent. Anything you say can and will be used against you in a court of law.

You have most likely heard those words on television shows and in movies, but they have never been directed at you before. The officer continues:

You have the right to speak to an attorney.

You are struggling to make sense of what is happening. Minutes ago, you and two friends were strolling through the mall. One friend was carrying a shopping bag stuffed with new purchases from a clothing store. As you made your way across the parking lot, a police car raced up. Two officers jumped out and said you were under arrest. When you asked why, they said that you were suspected of shoplifting. They said that you had been observed taking items from a store without paying for them.

Now, as you are pressed into the backseat of the patrol car, you wonder how you got into this mess. You know you did not steal anything, but what about your friends? Other questions begin to trouble you. What will happen when you get to the police station? How will you be treated? What can you expect from the police and the justice system?

The first thing to remember as you enter this system is that you are presumed innocent. If you are charged with a crime, you will have the opportunity to assert your innocence before a judge and, if tried, a jury. Throughout this process, you will also be guaranteed certain rights under the Constitution, including the right to a fair trial.

This chapter examines the workings of the criminal justice system. It follows a hypothetical case through the various stages of the criminal process, from the commission of a crime to the dispensing of justice. Along the way, it lays out the procedures used to judge criminal acts and to protect the rights of the accused.


Next Section: 16.2 (The Crime)