Criminal Justice: A Brief Introduction Twelfth Edition

Transcription

1 Criminal Justice: A Brief Introduction Twelfth Edition Chapter 1 What is Criminal Justice?

2 Introduction 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. Procedural fairness is a vital component of the American justice system

3 A Brief History of Crime in America (1 of 3) Civil War, widespread immigration, crime epidemic Prohibition, organized crime 1940s-1960 Crime rates remained stable after WWII Civil rights movement, increase in reported crime

4 A Brief History of Crime in America (2 of 3) 1980s Sale and use of illicit drugs, President Reagan declared a "war on drugs 1990s 2001 "Get tough on crime" era Sept. 11 attacks USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies

5 A Brief History of Crime in America (3 of 3) Early 2000s Focus on corporate and white-collar crime, Sarbanes-Oxley Act, Madoff Declining rates of "traditional crimes, epidemic of mass shootings, inner-city murders, random violence sweeps public venues across the U.S.

6 Figure 1 2 The Theme of This Book

7 Individual Rights vs. Public Order (1 of 2) Individual-Rights Advocates Seek to protect personal freedoms within the process of criminal justice Public-Order Advocates Believe that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights

8 Individual Rights vs. Public Order (2 of 2) 1960s and 1970s Civil rights era strong emphasis on individual rights Focus on guaranteeing the rights of defendants, attempting to understand root causes of crime and violence 21 st century Shift away from offenders as victims, now see offenders as a dangerous social predators

9 Criminal Justice and Basic Fairness (1 of 2) Justice The principle of fairness; the ideal of moral equity Social justice Linked to fundamental notions of fairness and to cultural beliefs about right and wrong

10 Criminal Justice and Basic Fairness (2 of 2) Civil justice A component of social justice concerned with fairness in relationships between citizens, government agencies, and businesses in private matters Criminal justice The aspects of social justice that concern violations of the criminal law

11 Figure 1 3 The Core Components of the American Criminal Justice System and Their Functions

12 Models of Criminal Justice Consensus Model Justice system components work together to achieve justice Criticized for implying more organization and cooperation than actually exists Conflict Model Justice system components function to serve their own interests Justice results from conflict rather than cooperation

13 American Criminal Justice Process (1 of 6) Investigation Evidence collected, reconstruction of criminal event, attempts to identify suspects Warrant Issued by judge, provides legal basis for apprehension of suspects by police

14 American Criminal Justice Process (2 of 6) Arrest Act of taking a person into custody Booking Taking pictures, fingerprints, personal information from suspect

15 American Criminal Justice Process (3 of 6) First Appearance Suspects notified of the charges, advised of their rights, may have opportunity for bail Preliminary Hearing Establishes whether there is sufficient evidence to continue the justice process; gives prosecutor the opportunity to test the strength of the evidence

16 American Criminal Justice Process (4 of 6) Information/ Indictment Information filed by prosecutor seeking to continue the case Indictment returned by grand jury Arraignment Defendant hears information or indictment, is advised of rights, and is asked to enter a plea

17 American Criminal Justice Process (5 of 6) Adjudication Trial is adversarial process before a judge and/or jury to decide guilty or innocence Sentencing Punishment determined by judge, sentencing hearing may be held first where both sides can present information to influence the judge's decision

18 American Criminal Justice Process (6 of 6) Corrections Begins following sentencing, carries out sentence imposed on the defendant Reentry Following corrections, an offender may be returned to the community.

19 Due Process and Individual Rights Due process is procedural fairness Underlies the Bill of Rights Specifically guaranteed by the 4 th, 5 th, 6 th, and 14 th Amendments Due process standard was set in the 1960s by the Warren Court.

20 The Role of the Courts in Defining Rights Rights are open to interpretation. Modern rights would not exist in practice if Supreme Court had not recognized them in cases Supreme Court decisions have far-reaching consequences Become, in effect, the law of the land May carry as much weight as legislative action

21 The Ultimate Goal: Crime Control through Due Process (1 of 2) Crime-control model Emphasizes the efficient arrest and convictions of offenders Due process model Emphasizes individual rights at all stages of the justice system processing These are often assumed to be opposing goals.

22 The Ultimate Goal: Crime Control through Due Process (2 of 2) American system of justice should be representative of crime control through due process A system of social control that is fair to those it processes Law enforcement infused with the recognition of individual rights

23 Evidence-Based Practice in Criminal Justice Crime-fighting strategies that have been scientifically tested and are based on social science research A major element in the increasing professionalization of criminal justice Strong demand for the application of evidence-based practices throughout criminal justice

24 The Start of Academic Criminal Justice Began in the late 1920s Early criminal justice education was practice oriented. Focused on applying general management principles to police administration Organizational effectiveness By 1960s, criminal justice began to apply social science research techniques

25 Multiculturalism and Diversity in Criminal Justice Multiculturalism Society with diverse groups that maintain unique cultural identities while accepting and participating in the larger society's legal and political systems American society is truly multicultural Diversity characterizes both immigrant and U.S.-born individuals Multiculturalism is one form of diversity