Explain how the formal criminal justice system differs from the informal criminal justice system, why both systems are important, and which system faces more scrutiny from critics and why.

Question

What will be an ideal response?

Answer 1

Few cases are actually processed through the entire formal system. However, the formal system is important because it implies that every criminal defendant charge with a serious crime is entitled to a full range of constitutional rights under the law. A comprehensive view of formal criminal process normally includes but is not limited to the following:1. Initial contact2. Investigation3. Arrest4. Custody5. Charging6. Preliminary hearing/grand jury7. Arraignment8. Bail/detention9. Plea bargaining10. Trial/adjudication11. Sentencing/disposition12. Appeal/post-conviction remedies13. Correctional treatment14. Release15. Post-releaseThe informal system is used much more often than the formal system as many cases are settled in an informal pattern of cooperation between the major actors in the justice process-think of the courtroom work group. Upwards of 80 percent of all felony cases and over 90 percent of misdemeanors are settled without trial. The informal system is important because tends to be the rule of how cases are decided and whether they are prosecuted. It has also faced criticism for "backroom deals" and bargain justice. The informal system suggests cases are more subject to individual discretion and individual biases.