Four entities shape justice
Legislator:
Judges:
Governor:
Prosecutor:
The rehabilitation model (1950-1974)
Racial discrimination in sentencing
Judicial discretion legitimately used: Harm to victim, availability of sentence alternatives, degree of criminal intent / remorse
The Martinsen Report
The conservative response
The 1980’s Federal legislative reform movement
Federal legislation
The transition from indeterminate sentencing to determinate sentencing
The prosecutor’s decision: plea bargain
legitimately used: is the case is strong enough, info on other offenders, lighten case loads, prison overcrowding.
The prosecutor’s decision: extra-legal factors
2024 Arrests: Property crimes = 910,654. Violent Crimes = 419,423
Total Crime Arrests: 1,330,177
Arrests Running Balance
100,000
19,000 juveniles 81,000
29,000 dismissed flimsy evidence 52,000
14,000 plead guilty misdemeanor probation 38,000
33,000 plead guilty felony probation 5,000
2,000 Found Innocent - released 3,000
3,000 Found guilty – prison
Only 108,638 go to prison out of 3.6 million = 3% of arrestees get prison sentences