To What Extent Should the Criminal Justice System Be a "System"?

Abstract

This article examines recent criticism of the current criminal justice system which characterizes it as a "nonsystem" because its three main components—law enforcement, courts, and correction—are often poorly managed and inefficient. It has been suggested that we should apply the "systems approach" to the criminal justice system to make it more coordinated and interdependent. After examining the origin and de velopment of the systems approach and its application to criminal justice, the author discusses some of the practical and theoretical problems involved in transforming the present system into a "true" system. Among the major problems are the erosion of judicial indepen dence and the attenuation of the separation of powers. While admitting the inefficiency of the current criminal justice system, the author suggests that the various segments of the system should not become overly dependent on the systems approach to solve their problems—if doing so means adopting a management ideology that is antithetical to the ideals of justice and legality. The traditional structure of our governmental relations should not be altered in the pursuit of effective management of the criminal justice system.