NCJ Number
125332
Journal
DePaul Law Review Volume: 38 Issue: 4 Dated: (Summer 1989) Pages: 967-1011
Date Published
1989
Length
45 pages
Annotation
This article describes the relations between the "organization of the judiciary" (all institutions involved in the administration of criminal justice) and the criminal law process in the United States.
Abstract
The authorities involved in the administration of criminal justice in the United States include judges, laypersons, special courts, the highest courts, prosecuting authorities, defense personnel, police, and various other governmental bodies. This article describes the methods used by these authorities, their powers, financial support, and relevant political considerations. Also, responses by authorities to various developments in the pattern of criminal activity are analyzed; and where appropriate, differences between the organization of the U.S. judicial system and that of other countries are indicated. Section I provides a brief overview of the structure of the U.S. criminal justice system, with an emphasis on the fragmented nature of the criminal law. Although inefficient, this fragmentation is a requisite, given the federated nature of the union. Section II focuses on the authorities responsible for enforcing the criminal law, pointing out unique aspects of the actors in the criminal law process. Section III summarizes some recent congressional forays into criminal law that have impacted both national and international activity. The statutes discussed in this section indicate that Congress desires to nationalize certain aspects of crime that transcend State boundaries. 352 footnotes.