Required Text:Essentials of Criminal Justice, Sixth Edition Larry J. Siegel

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Required Text:Essentials of Criminal Justice, Sixth Edition Larry J. Siegel. Chapter 1 Criminal Justice. Four Basic Goals for the Course. At the end of the course you should - PowerPoint PPT Presentation

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  • At the end of the course you should Know and be familiar with the basic factual and systematic information on the problems of crime and the major institutions (1)police, (2)courts, (3) corrections) and policies which seek to control crime; Be able to use correctly and with ease basic concepts and terminology which describe people, organizations and policies; Be able to assess existing explanations why people and criminal justice organizations do what they do; Be able to assess and evaluate whether what is done in the name of criminal justice (and ultimately the American public - you) is fair and just as well as effective.

  • An introduction and overview of interesting topics you can sample - to arouse your interestLater courses you can take will go into much greater depth and detail on topics: crime, law, police, courts, prisons, etc.

  • Criminal Justice: Studies the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with a criminal offense. Criminology: Studies the etiology (origin), extent, and nature of crime in society.

  • A loosely organized collection of agencies charged with protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating criminal behavior.

  • The decision-making points from the initial report of a crime/victimization to the police to decisions by the police, courts, and correctional personnel to the eventual release of the offender and her or his reentry into society.

  • Crime and violence have been common since the nation was first formed.Post-Civil War expansion to the west gave rise to famous criminals such as John Wesley Hardin, Billy the Kidd, and Johnny Ringo as well as famous law men such as Wyatt Earp and Bat Masterson.Crime rate may actually have been much higher in the 19th and 20th centuries than it is today.

  • 1900 1935 we saw a sustained increase in criminal activityCriminal gangs formed before the Civil War in urban slums became the forerunners of modern day organized crime familiesDepression era outlaws

  • 1829 London Metropolitan Police created1919 Establishment of the Chicago Crime Commission1931 National Commission on Law Observance and Enforcement (Wickersham Commission) created by President Hoover

  • The Modern Era of Justice can be traced to a series of research projects beginning in 1950s by the American Bar FoundationFor the first time the term criminal justice system began to be usedFocused on the criminal justice processThe discovery and analysis of the use of discretion

  • 1967 Presidents Commission on Law Enforcement and Administration of Justice1968 Safe Streets Acts provided funding for the Law Enforcement Assistance Administration (LEAA)1979 National Institute of Law Enforcement and Criminal Justice renamed the National Institute of Justice (NIJ)

  • Social control makes people behave in approved ways and sanction those who do notFormal social control what the government does; enforces laws and regulationsInformal social control what people do; tends to enforce social norms of behavior

  • Over 5,000 public agencies employing over 2 million people serve as societys instrument of social controlThree major components- (SIGNIFICANT POINTS)1. Law Enforcement (22,000 agencies or more)2. Courts (20,000 courts; 10,000 prosecutorial agencies or more)3. Corrections (6,000 institutions; 3,500 probation and parole departments or more)

  • How cases/offenders flow through the system and where they exit from the system1.Report of a crimeOr 1a.Initial contact of a suspected offender 2. Investigation3. Arrest4. Custody5. Charging6. Preliminary hearing/grand jury7. Arraignment8. Bail/detention

  • 9. Plea bargaining10. Trial/adjudication11. Sentencing/disposition12. Appeal/post-conviction remedies13. Correctional treatment14. Release15. Post-release

  • Remember15 steps in the criminal justice system.Starts with Law EnforcementCourts Corrections

  • Flowchart models: how are cases processed?Issues:Who are the people who make these decisions? What is their job?Only a few cases go all the way through the funnel

  • There is no integrated system, but a set of institutions and people having different powers and authority:Structural fragmentation different institutionsSequential specialization different jobsIdeological disagreements different perceptions of what matters (people working in the system have perspectives)Functional interconnections people manage to work togetherAn example: the courtroom workgroup

  • Courtroom Work GroupProsecutor, defense attorney, judge, and othersFunction to streamline the process of justice through the extensive use of plea bargaining and other alternatives.We will have a court simulation with each of you will be assuming the roles described above.

  • Cake model: variations in processing of casesThe ideal (equal treatment) versus the reality (unequal processing)Variations in how cases are dealt with by seriousness of offense, nature of the accused, specifics of offense (stranger, weapons, injury)A system of laws and of people

  • You all already have a perspective, whether you know it or notCrime control, due process, rehabilitation, non-interventionist, justice, and restorative justice

  • 6 perspectives from your book which one is you?Identify your perspectiveWhat are those common perspectives that others have in your group?Select a spokes person

  • Perspectives incorporate personal views, values and ideological preferences onWhat acts are crimes? Crime is a label.What kind of people commit crimes?What causes crimes? Strategies for dealing with crime and criminals: prevent, deter, punish, incapacitate, rehabilitate, reintegrate, community involvementTheories and what works and what does not Balancing notions of social control with notions of justice

  • Emphasizes the control of dangerous offenders and the protection of society. Its advocates call for harsh punishments as a deterrent to crime, such as the death penaltyPurpose of the justice system is to deter crime through the application of punishmentThe more efficient the system, the greater its effectivenessThe justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty

  • Primary purpose is to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavorsIn the long run, it is better to treat than punishCriminals are societys victimsHelping others is part of the American culture

  • Primary focus in on the defendants rights to prevent the wrongful conviction of an innocent personNeed to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guiltyDecisions must be carefully scrutinized to avoid errorsEveryone must be treated equally and fairlyIllegally seized evidence must be suppressed even if the guilty go freeLegal counsel should be provided at every stage of the process, regardless of cost, to prevent abuse

  • The justice system should limit its involvement with criminal defendants so as to avoid the inevitable harmful and long-term negative effectsThe justice system stigmatizes offendersStigma locks people into a criminal way of lifeLess is better. Decriminalize, divert, and deinstitutionalize whenever possible

  • The greatest challenge for the system is to dispense fair and equal justice to those who come before the lawEqual treatment for equal crimesStructured justice, just desertsReduced use of discretionInconsistent treatment produces disrespect for the system

  • True purpose of the criminal justice system should be to promote a peaceful and just society by engaging in peacemaking rather than punishmentOffenders should be reintegrated back into societyCoercive punishments are self-defeatingThe justice system must become more humane

  • Principles and goals:Make good restore, heal what has been broken and damaged: reestablish social harmonyOffender has to accept responsibility for actionsInvolve all offender, victims, officials agencies, community in the decision-making and mediation processArrive at a consensual agreement for making good (restitution)

  • More than just another perspective: Changing the metaphor: make peace not war All the other perspectives think that crime control requires fighting a war against crime and criminalsSources for restorative justice ideas and practices:Religious beliefs (e.g., Amish, pacifists}Indigenous societies (e.g., Native Americans, First nations (Canada))Foreign examples (e.g., New Zealand)The importance of informal social controlReformers: disillusionment with current US criminal justice practices and results

  • Vermont: Community Boards

    Family Group Conferences

    Navajo Peacemaker Court

  • Crime Control and Justice Models have dominated during the past decadeRehabilitative efforts have not been abandonedNo single view is the right or correct one.

  • How do different perspectives explain why there is a drug problem? What kind of people are drug producers, traffickers and consumers?What should be done about producers, traffickers and consumers?What does success look like?

  • AJ 750 EthicsOffered this is a brief introduction to the subject of ethics.

  • Requires members of the system to apply equal and fair justiceDifficult because criminal justice often functions in an environment where moral ambiguity or tensions among legitimate goals are the normImportant because of the enormous power granted to criminal justice employeesEthics in law enforcementEthics in the court processEthics in the corrections processEthics in studying criminal justice