Chapter 1 What is Criminal Justice? of 70 Click on screen to start presentation. What?s A WOW On some of the PowerPoint slides you will see this box in the lower right side of the slide: Click for WOW To add variety and additional information to the slide, I have included audio comments when appropriate. All you need to do is click on the speaker and my words of wisdom will begin to flow like magic. This may also serve as a sleep aid if you have insomnia. If you clicked and heard no sound, maybe you need speakers on your computer? you think? Learning Objectives After reading this chapter, you should be able to Provide a brief history of crime in America. Identify the theme on which this textbook builds, and highlight the differences between the individual rights and public-order perspectives. Explain the relationship of criminal justice to social justice and to other wider notions of equity and fairness. Explain the structure of the American criminal justice system in terms of its major components and the functions they serve. Click for WOW Learning Objectives Describe the process of American criminal justice, including the stages of criminal case processing. Explain the meaning of due process of law, and identify where due process guarantees can be found in the American legal system. Describe the role of research in contemporary criminal justice. Explain how multiculturalism and diversity present special challenges to, and opportunities for, the American system of criminal justice. Goals of the Criminal Justice System Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused: Justice for the individual Personal liberty Dignity as a human being The right to due process Goals of the Criminal Justice System Public Order: Individual rights must be effectively balanced against these community concerns: Social justice Equality before the law The protection of society Freedom from fear What Is Crime? What we call criminal activity has undoubtedly been with us since the dawn of history, and crime control has long been a primary concern of politicians and government leaders worldwide. Still, the American experience with crime during the last half century has been especially influential in shaping the criminal justice system of today. A Brief History of Crime in America The 1960s and 1970s saw a burgeoning concern for the rights of ethnic and racial minorities, women, people with physical and mental challenges, and many other groups. This emphasis on individual rights was accompanied by a dramatic increase in reported criminal activity. By the mid-1980s, the dramatic increase in the sale and use of illicit drugs threatened the foundation of American society. A Brief History of Crime in America In 1992, the videotaped beating of Rodney King, an African-American motorist, at the hands of Los Angeles?area police officers splashed across TV screens throughout the country and shifted the public?s focus onto issues of police brutality and the effective management of law enforcement personnel. Then, in an event that changed the course of our society, public tragedy became forever joined with private victimization in our collective consciousness after a series of highly destructive and well-coordinated terrorist attacks on New York City and Washington, D.C., on September 11, 2001. A Brief History of Crime in America An especially important new tool in the law enforcement arsenal is the federal USA PATRIOT Act,14 enacted in 2001 as a legislative response to terrorism. The law, whose provisions were reauthorized by Congress with minor revisions in 2006, is officially known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (from which the acronym USA PATRIOT is derived). A Brief History of Crime in America White-collar crime continues to be a focus of federal prosecutors, and in 2006 former Enron executives Kenneth Lay and Jeff Skilling were convicted of conspiracy to commit securities and wire fraud in what some called ?the biggest business scandal in U.S. history??the collapse of energy-trading giant Enron Corporation. The company?s troubles resulted in the loss of billions of dollars of investors? money. The Theme of This Book . This book examines the American system of criminal justice and the agencies and processes that constitute it. It builds on a theme that is especially valuable for studying criminal justice today: individual rights versus public order. This theme draws on historical developments that have shaped our legal system and our understandings of crime and justice. It is one of the primary determinants of the nature of contemporary criminal justice?including criminal law, police practice, sentencing, and corrections. The Theme of This Book Public order 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. Click for WOW Social Justice Justice is an elusive term. As the war on terrorism began, for example, no one knew exactly what justice might mean and what form it might eventually take. Even to those living within the same society, justice means different things. And just as justice can be an ambiguous term for politicians, even in times of war, it is not always clear how justice can be achieved in the criminal justice system. Notions of Justice Civil justice refers to: Social justice 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. Notions of Justice Criminal justice, on the other hand, refers to the aspects of social justice that concern violations of the criminal law. Criminal and civil justice cannot be separated from social justice because the kind of justice enacted in our nation?s criminal and civil courts are a reflection of basic American understandings of right and wrong. American Criminal Justice: System Click for WOW American Criminal Justice: Functions Consensus model refers to: Conflict model refers to: A criminal justice perspective that assumes that the system?s components work together harmoniously to achieve the social product we call justice. A criminal justice perspective that assumes that the system?s components function primarily to serve their own interests. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation. Click for WOW American Criminal Justice: The Process Investigation and Arrest When a crime occurs it is often reported to the police. Evidence is gathered at the scene and a follow-up investigation is made. If the offender is not arrested at the scene, then a warrant is needed. A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police. American Criminal Justice: The Process Investigation and Arrest Booking refers to: During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written. 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. American Criminal Justice: The Process Pretrial Activities First (Initial) Appearance Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance. Bail refers to: The defendant is also appointed a lawyer if he 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. Click for WOW American Criminal Justice: The Process Preliminary Hearing Whether a crime was committed, Whether the crime occurred within the territorial jurisdiction of the court, and Whether there are reasonable grounds to believe that the defendant committed the crime. The judge will seek to determine probable cause: That a crime has been committed, and That the defendant committed it. This is a proceeding before a judicial officer in which three matters must be decided: Click for WOW American Criminal Justice: The Process Information or Indictment In some states, upon the finding of probable cause at the conclusion of the preliminary hearing, the prosecutor may seek to continue the case by filing an information. This is a formal written accusation. American Criminal Justice: The Process Information or Indictment Other states require an indictment be returned by a grand jury. Indictment refers to: Grand jury refers to: A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified 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. American Criminal Justice: Criminal Case Processing American Criminal Justice: The Process Arraignment This is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Acceptable pleas Not guilty Standing mute Guilty No contest (nolo contendere) Click for WOW American Criminal Justice: The Process Trial Procedures Adjudication Every criminal defendant has a right under the Sixth Amendment to the United States Constitution to a trial by jury, unless for a petty offense. Trial refers to: Petty offense 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. American Criminal Justice: The Process Sentencing After a conviction, a judge imposes some form of punishment. Consecutive sentence refers to: Concurrent sentence 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. American Criminal Justice: The Process Corrections Once an offender has been sentenced, the corrections stage begins. If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and treatment programs. American Criminal Justice: The Process Probation refers to: Parole 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. Due Process and Individual Rights Due process refers to: Due process rights are outlined by the Bill of Rights (the first ten 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. Individual Rights Guaranteed by the Bill of Rights To be assumed innocent until proven guilty Against unreasonable seizure of personal property Against self-incrimination To a fair questioning by the police To protection from physical harm throughout the justice process To an attorney To trial by jury To know the charges To cross-examine witnesses To speak and present witnesses Against double jeopardy Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated fairly, regardless of group membership The Role of the Courts in Defining Rights Rights are open to interpretation and are often subject to continual refinement. New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees. The Ultimate Goal: Crime Control through Due Process Crime control model refers to: Due process model refers to: A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders. A criminal justice perspective that emphasizes individual rights at all stages of justice system processing. The Ultimate Goal: Crime Control through Due Process Social control refers to: Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both 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. Often Confused Terms Criminal Justice Criminology Criminalistics Click for WOW Often Confused Terms Criminal Justice-- the study of those aspects of social justice which concern violations of the criminal law Criminology-- the scientific study of crime causation, prevention, and the rehabilitation and punishment of offenders Criminalistics-- the application of scientific techniques to the detection and evaluation of criminal evidence The Role of Research in Criminal Justice Scientific research has become a major element in the increasing professionalization of criminal justice, both as a career field and as a field of study. The Study of Criminal Justice The study of criminal justice as an academic discipline began in this country in the late 1920s and is well established today. Scientific research has become a major element in the increasing professionalization of criminal justice, and there is an increasingly strong call for the application of evidence-based practices in the justice field. Evidence-based practices are crime-fighting strategies that have been scientifically tested and that are based on social science research. Multiculturalism and Diversity in Criminal Justice Multiculturalism describes a society that is home to a multitude of different cultures, each with its own set of norms, values, and routine behaviors. While American society today is truly a multicultural society, composed of a wide variety of racial and ethnic heritages, diverse religions, incongruous values, disparate traditions, and distinct languages, multiculturalism in America is not new. Multiculturalism and Diversity in Criminal Justice Multiculturalism, as the term is used today, is but one form of diversity. Taken together, these two concepts?multiculturalism and diversity?encompass many distinctions of social significance. The broad brush of contemporary multiculturalism and social diversity draws attention to variety along racial, ethnic, sub-cultural, generational, faith, economic, and gender lines. Lifestyle diversity is also important. After reviewing the history of criminal justice from the 1980s to the present, do you think society as a whole supports individual rights or public order? Individual rights 2. Public order Correct Answer: 2. Public order Today?s policies that are connected to the USA Patriot Act are controversial. Would you ever support the reduction of our protected individual rights in this country? Yes, to prevent a specific terror attack at a specific location in the United States Yes, to prevent any suspected attack, here or abroad No, we have lost enough rights under the USA PATRIOT Act (2001), and I don?t feel any circumstances warrant losing any more. Opinion Question: No correct answer Social justice encompasses both fairness and cultural beliefs about what? Right and wrong 2. Morality and equality 3. Relationships Correct Answer: 1. Right and wrong Criminal justice regulates violations of criminal law and civil justice resolves private disputes between individuals, businesses, and governmental agencies. True False Correct Answer: 1. True The police are pressured to arrest drunk drivers, the prosecutor is inundated with these cases in an already understaffed office, and the prisons are overcrowded but receive additional low risk offenders with lengthy sentences. Does this put subcomponents of the criminal justice system at odds with each other as predicted in the conflict model? Yes No Correct Answer: 1. Yes What should a police officer have before he makes an arrest? A good faith judgment of the facts An educated hunch about a suspect Probable cause to believe a particular individual committed a crime Correct Answer: 3. Probable cause to believe a particular individual committed a crime When is an officer required to give the Miranda Warning? At the conclusion of the custodial interrogation When the suspect requests an attorney be present Prior to custodial interrogation Correct Answer: 3. Prior to custodial interrogation Either a preliminary hearing or a grand jury are seeking to determine what? Who committed the crime Who is the victim Probable cause Correct Answer: 3. Probable cause At an arraignment hearing which of the following occurs? The defendant is informed of their rights The defendant is informed of the charges against him or her The defendant enters a plea All the above occurs at an arraignment hearing Correct Answer: 4. All of the above occurs at an arraignment hearing A criminal trial is governed by procedural law and __________ . Truth Precedent 3. Beyond a reasonable doubt standard Correct Answer: 2. Precedent If you personally had to serve out a prison sentence, which type would be preferable for the judge to order? A consecutive sentence A concurrent sentence Correct Answer: 2. A concurrent sentence Due process is the founding philosophy of our country as it is reflected in the ____________. U.S. Patriot Act 2001 Penal Code Bill of Rights Correct Answer: 3. Bill of Rights If the criminal justice sub groups?police, courts and prisons?wanted to emphasize efficiency as a priority, which model best reflects this? Due process model Conflict model Consensus model Crime control model Correct Answer: 4. Crime control model Do you believe it is appropriate for the criminal justice system to strive to be multicultural and diverse? No, it would be more efficient if it focused only on justice Yes, it better reflects our changing society I don?t know what multicultural or diverse means Correct Answer: Opinion question?no correct answer End of Chapter 1 Click for WOW of 82 Oakland Community College CRJ 1010: Intro to CJ Joel J. Allen, Instructor Total Slides: 71 Online Edition, PH Pp Revised: January 4, 2010 Chapter 1: What is Criminal Justice? of 82
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