CJA1

g p g , judge and jury are meant to act as decision makers in de‐ termining guilt or innocence. Yet this is not the only function of the courts. The courts also determine bail, conduct preliminary hearings, rule on admissibility of evidence, interpret the law, and determine the appropri‐ ate sentences for o�enders. Constitutional guarantees are the backbone of the court system. By using formal proce‐ dures and structures, the court is better able to guarantee objective treatment of those coming before it and to more closely apply the law and constitutional requirements. Without such structure, the court would be full of bias and inconsistency. A detailed discussion of the courts is provided in Chapter 10.

Probation, parole, and treatment programs are not typi‐ cally as structured as police departments and courts. Employees in these specialties are tasked with making decisions on rehabilitation alternatives that best meet the needs of each individual client. In this case, a strict policy or procedure explaining what to do or what pro‐ gram to use if the client consumes drugs, for example, may not be appropriate. A strict procedure for handling drug o�enders and their therapy, which may be included in the agency’s policy manual, may actually encourage additional drug use in one person while discouraging it in another, since people are very di�erent when it comes to behavior changes. Consequently, probation, parole o�‐ cers, and treatment providers must have the ability to47% of sample

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