CJAS6

Administration and Management in Criminal Justice

Chapter 10 Outline

1. Federal courts

a. Hierarchical: appellate courts decide matters of law; trial courts decide upon matters of law (initially) and matters of fact

b. U.S. Constitution gives congress power to create federal courts and determine their jurisdiction; Congress also determines number and assignment of judges and judiciary’s budget

c. Are judges independent or autonomous?

i. Yes: lifetime appointments; only removed through impeachment process

ii. No: judgment is often questioned; credentials are assessed during appointment process

d. Theories of judicial decision-making: answers the question of how judges exercise their formal powers and informal influence

i. Managerial theory: decisions determined by workload

ii. Attitudinal theory: decisions are based on judge’s political preferences

iii. Politicization of the judiciary process: judges settling decisions that should be left to other branches; not just deciding upon matters brought to the courts

2. State courts

a. Hierarchical

b. Often organized by subject matter:

3. Specialty courts/problem-solving courts

a. Limited jurisdiction courts designed to address specific problems

b. Examples: gun courts, drug courts, domestic violence courts

c. Six principles of problem solving courts

i. Enhanced information to facilitate decision-making

ii. Community engagement in the form of identifying, prioritizing, and solving problems

iii. Collaboration with other criminal justice agencies and other providers

iv. Individualized justice links offenders to services in order to reduce recidivism

v. Accountability ensures that offenders are monitored and there are consequences for noncompliance

vi. Outcomes are assessed

d. Concerns

i. Judge’s role is altered; he/she advocates for treatment

ii. Increased use of resources/costs

iii. Adversarial process replaced by a therapeutic one

4. Juvenile courts

a. Until the formation of the juvenile court in 1899, juveniles and adults were tried and, during the early 1800s, punished the same way

b. Houses of refuge/reformatories housed juveniles until challenged in the 1800s

c. Juvenile court operation

i. Juveniles in need of care and those who committed delinquent/criminal acts

ii. Jurisdiction includes those under statutorily defined age

iii. Cases heard

1. Crimes

2. Status offenses

d. Goals of the juvenile court

i. Illustrates the service quality approach

ii. Treat, reform, and rehabilitate the offender

iii. Rely on others, including parents and service providers, to do what is in the best interest of the child

iv. Reaching out to stakeholders

1. Restorative justice: offender must fix harm caused

2. Station adjustments: arrested juveniles are required to fulfill certain conditions imposed by the police instead of proceeding to juvenile court (referral to court may follow noncompliance)

3. Teen courts: court actors are the offender’s peers who adjudicate the case (diversion program)