As previously stated, the criminal justice system is part of every level of government including local, state, and federal governments. The agencies associated with these levels can work together or work separately. In the previous example about marijuana legalization, the federal government has not legalized recreational or medicinal marijuana, but some states have. States have disagreed with federal law, but federal law essentially has the final say. If the federal government wanted to punish states for selling marijuana they indeed could since it remains a Schedule I drug.

In this book, we have dedicated at least one chapter to explore each of the three main components of the criminal justice system. They include: police, courts, and corrections. This section will briefly introduce the police, courts, and correctional systems and how they often function with each other. Subsequent chapters will further focus on how they each operate as entities.

1.9.1 Police

The first point of contact with the criminal justice system for most individuals is the police or law enforcement. We often refer to them as first responders. They are the individuals who enforce laws, respond to calls, and may apprehend the offender. Other times, police may witness a crime while on patrol. They make initial contact, investigate crimes, apprehend offenders/potential offenders (arrest), and then book them in the local jail. It is not the purview of law enforcement to determine guilt or innocence, hand down punishments, or implement the punishment (Fuller, 2019).

During an investigation, police officers may need to obtain a search warrant. The Fourth Amendment of the Constitution requires that police officers have probable cause before they search a person’s home, their clothing, car, or other property. There are some exceptions which will be explored later on. In order to ensure due process, searches usually require a search warrant, issued by a “neutral and detached” judge. Arrests also require probable cause and often occur after police have gotten an arrest warrant from a judge. Depending on the specific facts of the case, the first step may be an arrest (Investigation, 2014). In figure 1.6. police officers can be seen on stand-by.

Figure 1.6. A photograph of Police on Standby

1.9.2 Courts

The second phase of the criminal justice system is the courts. The courts consist of several different officers and volunteers. They include judges, prosecutors, defense attorneys, and juries. The primary role of the courts is to determine whether a suspected offender should be charged with a crime. If so, the court will also decide what charges should exist, decide if the suspect is guilty, and impose punishment if necessary. The convicted person or party may choose to appeal to a higher court to try to overturn their conviction. The United States Supreme Court is the highest court in the American court system, and they make the final decision on cases before them. The Court is not required to hear every case and they only take a few cases each year (Appeal, 2014). An image of the U.S Supreme Court can be seen in figure 1.6.

Figure 1.7. The U.S. Supreme Court.

Figure 1.8. Photography of Brendan Dassey, a juvenile charged with murder.

Brendan Dassey, pictured in figure 1.7 and featured in the Netflix documentary, The Making of a Murderer in 2015, was charged with murder as a juvenile. Dassey’s 2007 conviction was questionable because his videotaped confession with police was problematic. Dassey was 16 without a lawyer or parent present during his confession. He appeared scared on camera, and his lawyers say he had a low IQ making him susceptible to suggestion. Dassey was found guilty with his uncle Steven Avery in the 2005 murder of Teresa Halbach, a 25-year-old photographer in Manitowoc, Wisconsin. The United States Supreme Court declined to hear his appeal and did not provide a reason why (Victor, 2018).

Many people have argued that the Public Defender system is inefficient and does not adequately address public defense needs. Watch this video to learn more.

Figure 1.9. “Adam Ruins Everything – Why the Public Defender System is So Screwed Up [Youtube Video] [Youtube Video].”

1.9.3 Corrections

Once a defendant has been found guilty, the correctional system helps carry out the punishment that is ordered by the court. The defendant may be ordered to pay financial restitution or a fine and not have to serve time incarcerated. In other cases, an offender could get sentenced to a period of incarceration, at either a jail or prison.

Offenders that get sentenced to less than one year will serve their sentence in a local jail, but longer sentences will serve time in prison and may be held in a cell as pictured in figure 1.8. However, offenders can also get sentenced to community-based supervision, such as probation. An essential part of corrections is helping former offenders with re-entry or reintegration into society. Proper re-entry may involve parole, community-based supervision, employment, education, and other necessary rehabilitation activities (Ray, 2021).

Figure 1.10. Oregon facility cell.