ABSTRACT
The politicality of local criminal justice is shaped considerably by the structure of the American party system. Political leadership in the country is dispersed among the political parties. Justice is political because the administration of criminal law involves making decisions. Furthermore, whenever decisions are made, discretion necessarily occurs. Judicial decision-making without the exercise of discretion is inconceivable. The decision to impose a criminal definition is usually made in the pretrial proceedings by nontrial adjudication. Underlying the administration of criminal justice in the United States is the adversary principle. In the adversary system of criminal justice, opposing parties — the state and the accused — are engaged in a public battle. The adversary system requires a number of specific occupational roles for its functioning. As such, criminal justice is bureaucratically organized. The adjudication of the accused may eventually take place in a criminal trial.
