1.7. The Three C’s: Cops, Courts, and Corrections
Shanell Sanchez
The Three C’s
As previously stated, the criminal justice system is not confined to one level of government and is made up of 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.
We will spend time exploring the three main components of the criminal justice system, or an easy way to remember this is the three main C’s: cops, courts, and corrections. This section will briefly introduce the police, courts, and correctional systems and how they often function with each other, whereas subsequent chapters will further focus on how they each operate as their entity.
Cops
Imagine walking downtown on a Friday night and witnessing a robbery in action. The first thing a person would typically do is call 911. Then the person would tell the 911 operator, referred to as dispatch, what they saw, where the event occurred, and any other relevant information. The operator would then send out the call or dispatch it to nearby police on duty. The first point of contact with the criminal justice system for most individuals is the cops. We can refer to them as first responders. The police respond to calls and can apprehend the offender. Because of technology, the police respond quickly.
Other times, police may witness a crime while on patrol. Police make initial contact, investigate crimes, apprehend offenders/potential offenders (arrest), and then book them in the local jail. Law enforcement does not determine guilt or innocence, hand down punishments, or implement the punishment. [1]
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, clothing, car, or other property, with some exceptions explored later on. 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 the police have gotten an arrest warrant from a judge. Depending on the specific facts of the case, the first step may be an arrest. [2] As stated above, if they catch a person in the commission of a crime, they will arrest them first and investigate later.
Police on Standby
Courts
The next phase of the criminal justice system is the courts. The courts may consist of prosecutors, defense attorneys, judges, and a reasonable jury of one’s peers. The primary role of the courts is to determine whether an offender should be charged with a crime and if so, what charg