Criminal Justice Management and Administration Research Paper

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Criminal Justice Management and Administration

The objective of this work in writing is to describe the historical and theoretical development of organizational management and to list and summarize the most common positions, functions and positions in various Criminal Justice Organizations.

The work of Stojkovic, Kalinich, and Klofas (2008) reports that criminal justice administration Management "has come a long way since the President's Commission in 1967 called for a closer look at the administration of criminal justice organizations. Concerns about effective management practices are still central to criminal justice professionals, as well as to the academic researchers who must evaluate and question their methods." Stojkovic, Kalinich, and Klofas define organization and state that the term organization hinges on "three important issues: (1) structure; (2) purpose; and (3) activity. (2008) These three issues serve to shape the organizational view. Organizations are stated to be "fascinating beast[s]" and of the nature that develops cultures that guide the behaviors of its members as well as of the organization itself." (Stojkovic, Kalinich, and Klofas, 2008)

I. Structure of American Court System

The work of Cole and Smith (2007) entitled "The American System of Criminal Justice" reports that the court system of the United States is a "dual court system, with separate federal and state court systems." A limited range of criminal cases are overseen by the federal courts." (Cole and Smith, 2007) State supreme courts monitor the decisions of lower courts within their own states by interpreting state constitutions and statutes." (Cole and Smith, 2007) The U.S. Supreme Court supervises both court systems by interpreting the U.S. Constitution which protects the rights of defendants in federal and state criminal cases." (Cole and Smith, 2007) The decisions of lower courts within each state are monitored by the state supreme court through interpretation of the state constitution and statutes. (Cole and Smith, 2007, paraphrased) It is reported that there is a third court system in some U.S. states and specifically stated is the Native American tribal court system which results in issues that are complex and that require coordination. (Cole and Smith, 2007, paraphrased) Federal and state court systems have trial courts and appellate courts with three levels of courts including: (1) appellate courts; (2) trial courts of general jurisdiction; and (3) trial courts of limited jurisdiction. (Cole and Smith, 2007)

Figure 1

Dual Court System of the United States and Routes of Appeal

(In descending order)

Supreme Court of the United States

Appellate court of the last resort (Supreme Court)

Circuit Court of Appeals Intermediate courts of appeals

District Court Trial courts of general jurisdiction (district, superior, or circuit courts)

Trial courts of limited jurisdiction (municipal, country, and state jurisdiction including circuit, municipal, justice, district or magistrate courts)

Source: Cole and Smith (2007)

There have been reported attempts at reform of the "structure, administration, and financing of the state courts" throughout the entirety of the twentieth century forward and that, solutions that have been proposed include:

(1) Elimination of overlapping and conflicting jurisdictional boundaries;

(2) Creation of a hierarchical and centralized court structure with administrative responsibility held by a chief justice and a court of last resort;

(3) Funding of the courts by state government rather than local counties; and (4) Creation of a separate civil service personnel system run by a state court administrator. (Cole and Smith, 2007)

Cole and Smith (2007) report that the Judge in U.S. court systems are chosen through various means including: (1) partisan election; (2) nonpartisan election; (3) gubnatorial appointment; (4) legislative selection; and (5) merit selection. It is reported that within the U.S. Criminal Justice system that the defendants in a case are moved through the criminal justice process based on decisions and that pretrial processes are used to "force prosecutors and judges to review the available evidence and dismiss unnecessary or unjust charges. These processes are based on the American value of due process." (Cole and Smith, 2007) It is the belief of Americans that "people should be entitled to a series of hearings and other procedural steps in which their guilt is proven before they should be subjected to punishments such as the loss of liberty through incarceration." (Cole and Smith, 2007) Following arrest, the individual is booked at the police station, which includes a process of taking photographs, known as 'mug shots' and fingerprints from the defendant. The first court hearing is the preliminary trial in which evidence is reviewed followed by the arraignment, which involves the defendant pleading guilty or not guilty. (Cole and Smith, 2007) It is reported that the ideal bureaucracy "has a written mission that is logically implemented by policies and procedures. The mission, policies, and procedures will be contained in a neatly bound policy and procedure manual. Criminal justice agencies are reported to generally have mission statements that are in written form. (Stojkovic, Kalinich and Klofas,, paraphrased)

Part of the criminal justice system is that of jail and prison operations which include the following considerations:

(1) Physical conditions -- plumbing, lighting, bedding, and so on;

(2) Visitation -- friends, relatives, attorneys and so on;

(3) Correspondence -- inflow and outflow, letters, packages and so on;

(4) Telephone calls;

(5) Exercise;

(6) Law library

(7) Street clothes for court appearance;

(8) Religious services -- church and individual;

(9) Disciplinary proceedings;

(10) Use of incorrigible cells;

(11) Inmate guide -- rules of behavior, lockup policies, and so on;

(12) Classification procedures;

(13) Intake screening;

(14) Special problems including: (a) handicapped individuals; (b) suicide threats/risks; (c) medically ill -- epilepsy, diabetes, etc.; (d) mentally ill/impaired; and (e) alcohol/drug problems;

(15) Medical care -- dispensing medication, doctor/dental care, etc.;

(16) Use of force -- both deadly and nondeadly;

(17) Application of leg and hand irons;

(18) Feeding -- times, quantities, diet, special diets, and so on;

(19) Showers/Cleanliness -- personal and area;

(20) Detoxification cell and practices;

(21) Jail/Lockup personnel standards -- numbers, where essential, and so on;

(22) Preemployment issues -- records/background checks, criteria for employment, Equal Employment Opportunity (EEO) issues, and so on;

(23) Pre-service training;

(24) In-Service training;

(25) Employee evaluation; and (26) Employee disciplinary matters. ( )

Factors affecting the criminal justice system are categorized as: (1) environmental conditions; (2) public demands and constraints; (3) criminal justice system; and (4) expected product. ( )

Environmental conditions


Political Demographic





Public Demands and Constraints

Demands for services

Legal constraints

Resource allocation

Support for and opposition to programs.

Criminal Justice System





Expected product


Social control

Protection of society

II. Careers in Criminal Justice

It is reported that for the 2006 fiscal year "federal, state, and local government spending for police protection, corrections, judicial activities, and legal activities increased by 5.1% from the previous year, according to the U.S. Department of Justice's Bureau of Justice Statistics. As Americans grow to become more security and safety conscious, the demand for law enforcement officials and corrections units will increase, especially in areas of high population density." (Criminal Justice USA, 2009) Duties vary between police officers and other law enforcement officials including police detectives which depends upon the employment specialty, organization size and organization type.

Law Enforcement

It is reported that applicants must have "at least a high school diploma to be considered for a law enforcement position, although some police departments require a college degree as well. The competition for employment is predicted to heighten in the coming years, so those with a higher education are more likely to advance in the field than those without one. Many agencies will even pay for their employees to earn a degree in criminal justice. Law enforcement positions are expected to increase by 11% by 2016, according to the Bureau of Labor Statistics." (Criminal Justice USA, 2009)

Detective and Investigative Occupations

Reported to have been predicted to increase by 18% over the next seven years. . Yet, although not employed by the government, private detectives must still be mindful of privacy laws when conducting investigations to ensure that the evidence uncovered will be admissible, especially in cases that end up going to court. Most detectives have a college degree in criminal justice, though there is not a set requirement for the occupation. ( Criminal Justice USA, 2009)

The work entitled "Fact vs. Fiction: Criminology & Criminal Justice Careers" reports that anyone seeking a career in criminology and criminal justice should be informed of the new view on the world that they will gain in this area of work. Stated specifically is as follows: "As a law enforcement professional, a criminal psychologist, a corrections officer, or any other career in this industry you will do and see things that run the gambit of emotion. You will be amazed, amused and excited one moment, and shocked by a painful or tragic moment the next. It's the nature of the career, and where it can be a rewarding and positive experience, it can also be difficult and trying one too." (Texas Wesleyan University, 2011) Careers that are high in demand include such as…

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