1.7 Wedding Cake Model

Wesley B. Maier, PhD; Kadence C. Maier; William M.; Terry D. Edwards

1.7 Wedding Cake Model

A multifaceted institution, the U.S. criminal justice system is often examined through various models and perspectives. One model that provides insights into the differential treatment of cases within the criminal justice system is the wedding cake model. Developed by Samuel Walker (2010), this model offers a framework for understanding how cases are stratified and prioritized by both the media and society. It also sheds light on the complexities involved in criminal justice processing.

The wedding cake model underscores the influence of media attention on public perceptions of crime, the frequency of criminal incidents, and the overall operation of the criminal justice system. Walker classifies different types of cases into four distinct tiers based on their characteristics and implications. The size of each tier corresponds to the number of cases of that type handled by the criminal justice system. As illustrated in Figure 1.15 below, this model takes the general shape of a cylindrical pyramid that is divided into four separate tiers.

A wedding cake showing four separate layers that progressively decrease in size towards the topmost tiers, from Misdemeanors to Less Serious Felonies to Serious Felonies to Celebrated Cases. — **Figure 1.15.** This model emphasizes the unequal media coverage and varying levels of resources allocated to cases based on their perceived importance, as well as the public misconception regarding the frequency of certain types of cases. Each layer of this diagram symbolizes a specific type of criminal case in the U.S. justice system, with the size of the layer representing the frequency of occurrence. The closer a layer is to the top of the diagram, the greater the amount of media spotlight. The smallest topmost layer, ‘Celebrated Cases,’ resides at the top, signifying that it receives the most media attention. The second, slightly larger layer is ‘Serious Felonies,’ which garners significant media spotlight. The third, even larger layer is ‘Less Serious Felonies.’ This type of crime occurs more frequently than those represented in the upper layers but receives less media attention. The lowest and largest layer is ‘Misdemeanors,’ which is the most common type of criminal case, despite receiving little to no media attention. *Samuel Walker’s Wedding Cake Model / Photo Credit: Kadence C. Maier, CC BY 4.0*

Celebrated Cases

In Walker’s model, the topmost layer is comprised of a select few celebrated cases. These cases are characterized as being high-profile, headline-grabbing news stories that garner extensive national publicity and significant media coverage. Typically, these cases involve sensational crimes, such as gruesome or very serious offenses, a large number of people, substantial amounts of money, or well-known individuals. Although these types of cases are rare, they receive the most attention and resources from the criminal justice system. As Walker notes, celebrated cases “usually involve the full criminal process, including that rare event, the criminal trial” (Walker, 2010, p. 40). News media outlets provide in-depth trial coverage of these high-profile cases, often emphasizing the unfolding drama. While this type of coverage serves as a form of public entertainment and boosts news outlet ratings, it distorts the public’s perception of crime and criminal procedure. It is crucial to dispel the common misconception that most cases go to trial, as roughly 90% of criminal cases end in a guilty plea (Motivans, 2022). Furthermore, the vast majority of cases receive little to no publicity contrary to the widespread misconceptions about the criminal process perpetuated by extensive news coverage of a single highly publicized crime-based media event.

Serious Felonies

The second tier encompasses serious felonies that may involve significant crimes, such as murder, sexual assault, armed robbery, or burglaries. While cases in this tier still undergo rigorous legal processes, they receive less attention and fewer resources compared to the celebrated cases in the top tier. Although this tier consists of only a small percentage of overall crimes, they are frequently reported in the local or state media, and we often hear about these types of crimes on a weekly or even daily basis.

Less Serious Felonies

The third tier comprises less serious felony offenses, including drug crimes, property offenses, and certain white-collar violations. These offenses are often committed by young or first-time offenders or involve individuals who are acquainted or related. While still considered serious, these cases lack the sensational nature of the previous tiers and typically receive minimal to no attention from the media and the public. Generally, these cases undergo quicker criminal justice processing, including plea bargains, reduced charges, outright dismissal or, most commonly, a probationary sentence. Despite these types of cases occurring more frequently than the previous two tiers combined, the lack of media coverage and public attention contributes to the distortion in the public’s perception of common crime types.

Misdemeanors

The final tier, forming the base of the wedding cake model, consists of misdemeanors. This is the largest tier in the diagram as this type of crime constitutes the majority of criminal cases. This tier consists of misdemeanors that are relatively minor offenses, such as petty theft, public intoxication, and traffic violations. These offenses typically result in less punitive punishments: fines, probation, or short jail sentences. Despite the fact that cases in this tier make up the majority of all criminal cases, they receive the least attention from the media and the public, which further distorts the public’s perception of crime. Unlike cases in Tiers 1 and II, which demand due process, cases in this tier prioritize processing speed. The primary goal is to resolve these cases quickly through summary procedures, processing them en masse, which reflects the lower priority the criminal justice system gives these cases.

The wedding cake model highlights two significant issues. First, the extensive media coverage of high-profile cases exaggerates the perceptions of the likelihood of more serious and gruesome crimes. Tier I cases receive more continuous media attention throughout the investigation, arrest, trial, and appeals process, which can span several years. These cases are also frequently featured in podcasts, documentaries, television shows, and movies, repeatedly exposing the public to a single high-profile case while thousands of low-profile cases go unnoticed. Inconsistent media coverage of different crime types leads to the misconception that high-profile cases are common, which distorts the public’s understanding of crime incidence in society.

Secondly, this model underscores the unequal treatment of cases within the criminal justice system. The processing and outcome of cases are influenced by various factors, including the type and severity of the crime, public interest, the offender’s criminal record, the relationship between the victim and offender, and available resources. Despite these disparities, there is a common misconception that most cases receive the same level of oversight and due process as high-profile cases. While not exhaustive, this model has played a crucial role in our comprehension of sentencing disparities and resource allocation in the criminal justice system.

Majestic iIllustration of sheet music cover for "The Stars and Stripes Forever.” A figure representing the U.S. Constitution is shown wearing a Phrygian cap and holding a shield in her left hand and in her right the American flag, topped by a laurel wreath, symbolizing victory, honor, and achievement. At her right is the American eagle, and at her left are attributes, including a globe, likely representing universality, knowledge, and interconnectedness, an artist palette, often associated with creativity, artistic expression, and the beauty of creation, and a lyre musical instrument, symbolizing harmony, creativity, and the pursuit of excellence and cultural expression. She stands on a mound of earth marked "United States of America." A second eagle flies above her. — **Figure 1.16.** In this illustrated sheet music cover for “The Stars and Stripes Forever,” a figure representing the U.S. Constitution is shown wearing a Phrygian cap and holding a shield in her left hand and in her right the American flag, topped by a laurel wreath, symbolizing victory, honor, and achievement. At her right is the American eagle, and at her left are attributes, including a globe, likely representing universality, knowledge, and interconnectedness, an artist palette, often associated with creativity, artistic expression, and the beauty of creation, and a lyre musical instrument, symbolizing harmony, creativity, and the pursuit of excellence and cultural expression. She stands on a mound of earth marked “United States of America.” A second eagle flies above her. The scene is accompanied by the following verse: “The God of Battles smiled’ Justice triumphed: / The Stars & Stripes, Columbia’s Sacred Flag / Like Eagles pinions Fluttered to the breeze.” This national song, written by William J. Lemon, was dedicated to the U.S. Volunteers, and published in 1861 during the Civil War. Personified American Constitution, ca. *1861 / Photo Credit: William J. Lemon, PD*

Attributions

Figure 1.16: The Stars and stripes forever by William J. Lemon in the public domain; “The contents of the Library of Congress Civil War Sheet Music Collection are in the public domain and are free to use and reuse.”

License

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Introduction to Criminal Justice Copyright © by Wesley B. Maier, PhD; Kadence C. Maier; William M. "Bill" Overby, MCJ; and Terry D. Edwards is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.