1 Chapter 1 What Is Criminal Justice? 2 Brief History of Crime in America Brief History of Crime in America Criminal activity has been around since the

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Chapter 1Chapter 1What Is Criminal What Is Criminal

Justice?Justice?

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Brief History of Crime in Brief History of Crime in AmericaAmerica

• Criminal activity has been around since the Criminal activity has been around since the dawn of history:dawn of history:

• 1850-1880: 1850-1880: Large-scale immigration Large-scale immigration – crime epidemic social upheaval

• 1920s: Prohibition and organized crime1920s: Prohibition and organized crime• 1960s-1970s: War protests, increased concern 1960s-1970s: War protests, increased concern

rights women, people with physical/mental rights women, people with physical/mental challenges, ethnic & racial minoritieschallenges, ethnic & racial minorities

• Warren Court decisions expand rights of the Warren Court decisions expand rights of the accusedaccused

• 1970s-1980s: Post Civil Rights Movement, 1970s-1980s: Post Civil Rights Movement, increase in murders, rapes & assaults. Reagan’s increase in murders, rapes & assaults. Reagan’s “War on Drugs”“War on Drugs”

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Brief History of Crime in Brief History of Crime in AmericaAmerica

• 1990’s – violent encounters with L/E; police brutality; crime out of control

• 2000 to Present – emphasis on accountability; punishment of offenders; terrorism on American soil; US PATRIOT ACT

• Increase in corporate & white-collar crime-Enron, Kenneth Lay/Jeff Skillings, Martha Stewart, Bernard Madoff

• 2007 – 33% increase in killings of peace officers over 2006 (193-145)

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A Brief History of Crime in A Brief History of Crime in AmericaAmerica

• 1990s saw a decrease in crime yet had 1990s saw a decrease in crime yet had several traumatic crime eventsseveral traumatic crime events

– 19921992 Rodney KingRodney King beating beating– 19931993 Bombing World Trade Center ( Bombing World Trade Center (first first

timetime))– 19931993 Waco, Texas Waco, Texas – 19951995 Alfred Murrah Building Bombing- Alfred Murrah Building Bombing-

OklahomaOklahoma– 19991999 Columbine SchoolColumbine School Shooting Shooting– 20012001 Bombing World Trade Center- Bombing World Trade Center-

triggered War on Terrorism- US Patriot Acttriggered War on Terrorism- US Patriot Act– 20072007 Virginia Tech mass murder Virginia Tech mass murder

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The Theme of This Book The Theme of This Book

• Individual Rights versus Individual Rights versus Public Public OrderOrder

• Individual rightsIndividual rights refers to: refers to:The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendantscriminal defendants facing formal processing by the criminal justice system.

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The Theme of This BookThe Theme of This Book

• Public orderPublic order refers to:refers to:The belief that under certain circumstances involving

criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights.

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The Criminal Justice The Criminal Justice SystemSystem

• ____________________________“Truth in Action”, “the “Truth in Action”, “the principle of moral rightness, or conformity principle of moral rightness, or conformity to truth”to truth”

• ______________________: Individual rights must be : Individual rights must be effectively balanced against these effectively balanced against these community concerns:community concerns:

– Social justiceSocial justice

– Equality before the lawEquality before the law

– The protection of societyThe protection of society

– Freedom from fearFreedom from fear

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Goals of the Criminal Goals of the Criminal Justice SystemJustice System

• __________________________________________:: Common law, Common law, constitutional, statutory, and constitutional, statutory, and humanitarian rights of the accused:humanitarian rights of the accused:

– Justice for the individualJustice for the individual

– Personal libertyPersonal liberty

– Dignity as a human beingDignity as a human being

– __________________________________________

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What Is Crime?What Is Crime?

• CrimeCrime is:is:

• Example: Child molestation and Example: Child molestation and Michael JacksonMichael Jackson

conduct in violation of the ________________ __________________ ________________________, the federal government, or a local jurisdiction, for which there is____________ __ is____________ __ acceptableacceptable justification or excuse

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Notions of JusticeNotions of Justice

• JusticeJustice refers to:refers to:

• Criminal justiceCriminal justice refers to: refers to:

The principle of fairness; the ideal of moral equity.

The criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with ________________

________________________________________

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• __________________________refers to:refers to:

• __________________________refers to:refers to:

The law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action.

An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.

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• Criminal and civil justice cannot be Criminal and civil justice cannot be

separated from separated from social justicesocial justice

because the kind of justice enacted because the kind of justice enacted

in our nation’s criminal and civil in our nation’s criminal and civil

courts are a reflection of basic courts are a reflection of basic

American understandings of American understandings of right right

and wrong.and wrong.

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American Criminal Justice: American Criminal Justice: System System

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American Criminal Justice American Criminal Justice FunctionsFunctions

• ______________________________refers to:refers to:

• ______________________________refers to:refers to:

Assumes that the system’s components work together harmoniously to achieve the social product we call justice.

Assumes that the system’s components are self serving and compete for limited resources. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation. The “non-system” model.

The magnitude of the criminal justice undertaking makes it difficult for the components to effectively cooperate.

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American Criminal Justice: American Criminal Justice: The ProcessThe Process

• Investigation and Arrest:Investigation and Arrest: Reactive or Reactive or Proactive ?Proactive ?

– When a crime occurs it is When a crime occurs it is often reportedoften reported to the to the police.police.

– Evidence is gathered at the scene and a follow-Evidence is gathered at the scene and a follow-up investigation is made.up investigation is made.

– If the offender is not arrested at the scene, then If the offender is not arrested at the scene, then a a _________ _________ is needed.is needed.

• A warrant is issued by a magistrate or other judge and A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police.provides the legal basis for an apprehension by police.

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American Criminal Justice American Criminal Justice Process Process

• Investigation and ArrestInvestigation and Arrest– ______________________________________

• During booking, suspects are again advised During booking, suspects are again advised of their rights and are asked to sign a form of their rights and are asked to sign a form on which each right is written (not on which each right is written (not required).required).

A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority.

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• Pretrial ActivitiesPretrial Activities– ____________________________________________________________________________

• Within hours of arrest, suspects must be Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) brought before a magistrate (a judicial officer) for a first, or initial, appearance.for a first, or initial, appearance.

• Bail refers to:Bail refers to:

• The defendant is also appointed a lawyer if he The defendant is also appointed a lawyer if he or she cannot afford one.or she cannot afford one.

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

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• ____________________________________

1.1. Whether a crime was committed,Whether a crime was committed,

2.2. Whether the crime occurred within the territorial Whether the crime occurred within the territorial jurisdiction of the court, andjurisdiction of the court, and

3.3. Whether there are reasonable grounds to believe Whether there are reasonable grounds to believe that the defendant committed the crime.that the defendant committed the crime.

• The judge will seek to determine The judge will seek to determine __________________________________

1.1. That a crime has been committed, andThat a crime has been committed, and

2.2. That the defendant committed it.That the defendant committed it.

This is a proceeding before a judicial officer in which three matters must be decided:

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• ________________________________________– In some states, upon the finding of In some states, upon the finding of

probable cause at the conclusion of the probable cause at the conclusion of the

preliminary hearing, the prosecutor preliminary hearing, the prosecutor

may seek to continue the case by filing may seek to continue the case by filing

an an information.information.

• __________________________________________________________

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American Criminal Justice American Criminal Justice ProcessProcess

• Information or IndictmentInformation or Indictment– Other states require an indictment be Other states require an indictment be

returned by a grand jury.returned by a grand jury.

• Indictment refers to:Indictment refers to:

• __________________________________________

A formal, written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specific offense, usually a felony.

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.

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• Arraignment/JurisdictionArraignment/Jurisdiction– This is the hearing before a court having This is the hearing before a court having

jurisdiction in a criminal case, in which jurisdiction in a criminal case, in which the identity of the defendant is the identity of the defendant is established, the defendant is informed of established, the defendant is informed of the charge and of his or her rights, and the charge and of his or her rights, and the defendant is required to enter a plea.the defendant is required to enter a plea.

• Acceptable pleasAcceptable pleas– Not guilty Not guilty (_____________________)(_____________________)– Guilty Guilty (___________________________)(___________________________)– No contest No contest (nolo contendere)(nolo contendere)

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• Trial ProceduresTrial Procedures– AdjudicationAdjudication

• Every criminal defendant has a right under Every criminal defendant has a right under the the ________ ________ Amendment to the United Amendment to the United States Constitution to a trial by jury, unless States Constitution to a trial by jury, unless for a petty offense.for a petty offense.

– TrialTrial refers to:refers to:

– Petty offensePetty offense refers to: refers to:

The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.

Offenses for which the maximum period of incarceration is six months or less.

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• SentencingSentencing– After a conviction, a judge imposes After a conviction, a judge imposes

some form of punishment.some form of punishment.

– ______________________________________________refers to:refers to:

– ______________________________________________refers to:refers to:

One of two or more sentences imposed at the same time and served in sequence with the other sentence.

One of two or more sentences imposed at the same time and served at the same time.

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CorrectionsCorrections• Once an offender has been sentenced, Once an offender has been sentenced,

the corrections stage begins.the corrections stage begins.

• If incarcerated, offenders are classified If incarcerated, offenders are classified according to local procedures and are according to local procedures and are assigned to assigned to confinement facilities confinement facilities and __________________and __________________

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• __________refers to:__________refers to:

• _________ refers to:_________ refers to:

A sentence of imprisonment that is suspended. It is a conditional freedom that requires the person to meet certain conditions of behavior.

The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.

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Due Process and Individual Due Process and Individual RightsRights

• Due process refers to:Due process refers to:

• Due process rights are outlined by Due process rights are outlined by the Bill of Rights the Bill of Rights (the first ten (the first ten Amendments to the Constitution).Amendments to the Constitution).

A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights.

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Individual Rights Individual Rights Guaranteed by the Bill of Guaranteed by the Bill of

RightsRights• To be assumed innocent To be assumed innocent

until proven guiltyuntil proven guilty

• Against unreasonable Against unreasonable seizure of personal propertyseizure of personal property

• ________________________________________________

• To fair questioning by the To fair questioning by the policepolice

• To protection from physical To protection from physical harm throughout the justice harm throughout the justice processprocess

• ____________________________________________

• To trial by juryTo trial by jury

• To know the chargesTo know the charges

• To cross-examine witnessesTo cross-examine witnesses

• To speak and present To speak and present witnesseswitnesses

• Against double jeopardyAgainst double jeopardy

• Against cruel and unusual Against cruel and unusual punishmentpunishment

• To due processTo due process

• To a speedy trialTo a speedy trial

• ________________________________________

• Against excessive finesAgainst excessive fines

• To be treated fairly, To be treated fairly, regardless of group regardless of group membershipmembership

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The Ultimate Goal: Crime The Ultimate Goal: Crime Control through Due Control through Due

ProcessProcess• __________________________________refers to:refers to:

• __________________________________refers to:refers to:

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

Perspective that emphasizes individual rights at all stages of justice system processing.

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The Role of the Courts in The Role of the Courts in Defining RightsDefining Rights

• Rights are open to interpretation and Rights are open to interpretation and are oftenare often. ___________________________. ___________________________

• New interpretations may broaden or New interpretations may broaden or narrow the scope of applicability narrow the scope of applicability accorded to accorded to constitutional constitutional guarantees.guarantees.

• __________________________________________((19631963)) Warren Warren CourtCourt

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The Ultimate Goal: Crime The Ultimate Goal: Crime Control through Due Control through Due

ProcessProcess• ____________________________________refers to:refers to:

• Social control is a primary concern of Social control is a primary concern of social groups and communities, and it is social groups and communities, and it is their interest in the exercise of social their interest in the exercise of social control that leads to the creation of both control that leads to the creation of both criminal and civil statutes.criminal and civil statutes.

The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group.

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Multiculturalism and Multiculturalism and Diversity in Criminal Diversity in Criminal

JusticeJustice• MulticulturalismMulticulturalism refers to: refers to:

• It is sufficient to recognize that the It is sufficient to recognize that the diverse values, perspectives, and diverse values, perspectives, and behaviors characteristic of various behaviors characteristic of various groups within our society have a groups within our society have a significant impact on the justice significant impact on the justice system.system.

The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and ______________.______________.

Documents

1 Chapter 1 What Is Criminal Justice? 2 Brief History of Crime in America Brief History of Crime in America Criminal activity has been around since the