Introduction to Criminal Justice

Chapter 1

Intro to Criminal Justice

• What is a crime?

• What is a criminal?• Have crimes changed?• Who decides what a crime is?

• Do we have more or less crimes today than 20 years ago?

Intro to Criminal Justice

• Crime: Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.

Crime Models

• Consensus Model• Conflict Model• Integrated Crime Model

Consensus Model

• Assumes that as people gather together to form a society, its members will informally come to a basic agreement with regard to shared norms and values.

• Assumes, to a certain extent, that a diverse group of people can have similar morals.

Conflict modelAssumes that different segments of society, separated by social class, income, age and race, will inevitably have different norms and value systems and struggle with each other to control society.

What is deemed criminal activity is determined by whichever group happens to be holding power at the time.

Integrated Definition of Crime

Takes into account both consensus and conflict models.

Defines crime as any action or activity which includes:

• Acts punishable by criminal law, as determined by the majority of society, or a powerful minority.

• Is an offense against society as a whole.• Prosecuted by public officials.• Punishable by statutorily defined sanctions.

Crime vs. Deviance

• Deviance is behavior which goes against norms established by society.

• Deviance is subjective.• Deviant acts are crimes only when a

majority accepts that those acts should be punished.

• Not all crimes are considered particularly deviant.

• Criminal law defines acts the legislature has decided are so unacceptable, they must be prevented.

Types of Crimes

• Classified by seriousness• Six general categories

– Crimes against persons (violence)– Property crimes– Public order crimes– White collar crimes– Organized crimes– High-tech crimes

Violent Crimes

• Crimes against persons• Four categories

– Murder– Sexual Assault– Assault and Battery– Robbery

Property Crimes

• Most common crime• Four categories

– Larceny/Theft– Burglary– Motor Vehicle Theft– Arson

Public Order Crimes

• Contrary to public values and morals– Public Intoxication– Prostitution– Drug Use

• Linked to Consensus Model• Known as “victimless crimes”

White Collar Crime

• Business related crime• Non-violent illegal acts by a

business or individual to obtain economic advantage

• Examples– Martha Stewart– Enron

Organized Crime

• Illegal acts by an organized group to satisfy society’s demand for certain goods and services.– Gambling – Prostitution– Illegal substances

• Conspiratorial relationships• Criminal tactics used---violence,

corruption, intimidation

Question?

• Do wehave organizedcrime in Iowa?

High-Tech Crime

• Newest typology—Follows growth of computer use by society

• Internet---Site for cyber crime– Selling pornography– Soliciting minors– Fraud (credit cards, identity theft)

Classification of Crimes

• Felonies---Punishable by death or incarceration of more than one year

• Misdemeanors---Punishable by incarceration of up to one year.

Classification of Crimes in Iowa

• Simple Misdemeanors---Punishable by maximum of 30 days in jail

• Serious Misdemeanors---Punishable by less than one year in jail

• Aggravated Misdemeanors---Punishable by maximum of 2 years imprisonment

• Felonies---Punishable by more than 2 years imprisonment

Money or Prison?

• How would I find the potential fine or alternate sentence authorized or proscribed by the legislature?

Iowa Laws

• Class A Felony – life • Class B Felony – up to 25 years• Class C Felony – non habitual – up to

10• Class D Felony – non habitual – up to

5

• Class C and D habitual – up to 15

Question????

• Brainstorm a list ofchanges in the lawsover the last severaldecades.

Purpose of Criminal Justice System

• “Criminal Justice system ‘protects individuals and the community.’”

• 1967 President’s Commission on Law Enforcement and Administration of Justice

– Three general goals described:1. Control crime2. Prevent crime3. Provide and maintain justice

Structure of Criminal Justice System

• Federalism requires that government powers are shared by the national (federal) government and the states.

• Division of powers allows states to exercise their inherent police powers.

• Most criminal justice employees work for local systems.

Structure of the Criminal Justice System

• Three parts of the Criminal Justice System:

– Law Enforcement– The Courts– Corrections

Structure of Law Enforcement

• Local Law Enforcement– Includes counties and cities– Chief enforcement officer in county is

Sheriff– Most local officers employed by cities

and towns

Local Law Enforcement Duties

• Investigate crimes• Prevent crimes (also known as

deterrence)• Apprehend criminals• Participate in court proceedings• “Keep the peace”

State Law Enforcement

• Two general types of state agencies

1. State police2. Highway patrols or state patrols• Other state agencies with specific

purposes---Fire Marshal, DCI, DNR, DPS

Federal Law Enforcement

• Agencies with specific jurisdiction and purpose

• FBI, DEA, Secret Service, Alcohol, Tobacco and Firearms

Structure of the Courts

• Two independent court systems– Federal system– State system (50 states and D. C.)– Both determine guilt or innocence of

criminal defendants– Both have trial (lower) courts, courts

of appeals, supreme court

State Courts

• Magistrate – hears less serious misdemeanors and small claims cases

• Associate District Court Judge – hears OWI’s, misdemeanors, and civil cases

• District Court Judge – hears more serious criminal cases and larger civil cases.

• Court of Appeals/State Supreme Court Judges– hear appeals.

Courts and Prosecution

• The City Attorney can prosecute for a city

(usually ordinance violation)• The County Attorney prosecutes

state cases.• The United States Attorney

prosecutes federal cases.

Structure of Corrections

• Offenders may be sentenced to:– Probation– Community-based facility or program– Jail or prison– Fine (along with other alternative

above)

Definitions of Sentencing Dispositions

• Probation: Allows offender to return to community under supervision

• Community-based program: Includes halfway houses, residential centers, home confinement, electronic monitoring

• Incarceration: In local jail (short term) or prison (longer term, more serious crimes)

• Fine: Financial penalty; could be imposed along with other sentence

Judicial Employees

• Federal 61,894• State 164,051 2.6:1

• Local 267,972 4.3:1

• Total 493,917

Number of Law Enforcement Officers

• Federal 105,933• State 156,607 1.5:1• Local 856,396 8.1:1

– Most come from agencies with less than ten officers.

Total 1,118,936

Corrections Employees

• Federal 34, 776• State 463,586 13.3:1• Local 249,888 7.1:1

Total 748,250

Formal Criminal Justice Process

• A series of routine operations whose success is gauged by likelihood of passing a criminal case along to “successful conclusion”

Criminal Justice Process

• Strives for order and discipline throughout the procedures by which the system meets the expectations of society

• Does not function so smoothly as a system in reality

• Actually is a balance between the formal and informal processes

Informal Criminal Justice Process

• Each step in process is a result of individual decisions made by those who work in the system.

• Discretion: Using authority to choose between and among alternative courses of action.

• The criminal justice system uses discretion to alleviate pressures.

“Wedding Cake” Model of Criminal Justice

• Discretion comes to bear depending on importance of case---

1. Top layer---A few celebrity type cases

2. 2nd layer---”Higher profile” felonies3. 3rd layer---”Ordinary” felonies4. 4th layer---Misdemeanors

Question? --- Small Groups

• Should professional discretion be allowed in the criminal justice system? What are the pros and cons of

discretion exercised by police, judges, prosecutors, probation officers?

New Age Values in Criminal Justice

• Crime control model• Most important function of criminal justice

system is to punish and repress criminal conduct

• Law enforcement must control criminal activity• Controlling crime is at least difficult, and

probably impossible• Examples of this approach: airport searches,

hidden video cameras, officers searching your valuables or back pack in subway.

Values of Criminal Justice System

• Due Process Model• Protect rights of accused through

legal constraints on police, courts and corrections

• It should be difficult to prove guilt• Assumes absolute efficiency in

crime control is achieved only if power of state is absolute

Which model prevails?

• 1950’s, 1960’s was a “due process revolution”

• Expanded rights of the accused• Severe limits on police powers• 1970’s, 1980’s was “get tough on crime”

era• Slowed down the due process revolution• Restored some freedoms to police

Impact of Terrorism

• Terrorism became a central issue in criminal justice after 9/11/01

• New laws strengthened ability of federal law enforcement agencies to investigate and incarcerate suspects

• Dramatic shift to crime control model

Gang Violence

• 30,000 street gangs of 800,000 members in U. S.

• Gang homicides increased beginning in about 2000

• Gang violence increased partly due to illegal drug trade and use of firearms

• 43 known gangs in Des Moines alone.

Gang Related Crime

• Previously focused on “super groups”---Bloods, Crips, Latin Kings, Gangster Disciples

• Mara Salvatrucha (MS-13) attracting national attention

• Roots in El Salvador in 1980’s• Up to 10,000 members in 33 states• Gang’s presence is driving up crime

rates in cities like L. A. and Chicago

Combating Gang Crime

• Move to increase the “cost” of crime

• 4 states---persons involved in gang related murders may be executed

• Anti-loitering laws (Not normally a crime)

• Use “immigration hammer” to detain and deport gang members