Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Chapter 1
• What Is Criminal Justice?

2
Opening Statements Introducing the Chapter

• ACLU The Bill of Rights Is Not for the Benefit
  of Criminalsprotection of all Americans
• Warren Christopher The Constitution Is Not a
  Suicide Pact

3
A Brief History of Crime in America

• Criminal activity has undoubtedly been with us
  since the dawn of history, and quite literally,
  since the arrival of the Mayflower at Plymouth
  Rock
• Crime Control is a government concern
• 1850-1880 crime epidemic (social upheaval
  related to immigration waves and post civil war
  issues)
• 1900-30s widespread organized crime, prohibition

4
A Brief History of Crime in America

• 1945 60s relatively stable crime
• 1960s 70s Civil Rights Movement, accompanied
  by astronomical rise in murder, rape and assault
  (FBI UCR)
• 1980s war on drugs fueled by the media images
  of crime, crack epidemic, narcotics trafficking
  and a middle class fear of crime

5
A Brief History of Crime in America

• 1990s Law Enforcement Misdeeds including Rodney
  king beating in Los Angeles, and the assault on
  the Branch Davidian complex in Waco, Texas
• Late 90s get tough on crime and criminals
• 2000s Global Terrorism comes to US soil, and
  results in the USA PATRIOT act of 2001Enron,
  Corporate and White Collar Crime focus

6
Theme of This Book

• Individual Rights Advocate
• One who seeks to protect personal freedoms within
  the process of criminal justice

• Public Order Advocate
• One who suggests that under certain circumstances
  involving a criminal threat to public safety, the
  interests of society should take precedence over
  individual rights

7
Social Justice

• An ideal that embraces all aspects of civilized
  life, and is linked to fundamental notions of
  fairness, and to cultural beliefs of right and
  wrongand the values of the collective Criminal
  Justice System
• Justice is the principle of fairness the ideal
  of moral equity
• The principle of moral rightness, or conformity
  to truth (Benjamin Disraeli)
• What is justice to you may not look like justice
  to someone else
• Do you believe that we have social justice in the
  U.S. Today?

8
Concepts of Control

• Civil Justice
• The law of civil procedure and the procedures and
  activities having to do with private rights and
  remedies sought by civil action
• Civil justice concerns itself with fairness in
  relationships between citizens, government
  agencies and businesses in private matters
  (contractual obligations, business dealings,
  hiring, and equal treatment)

9
Concepts of Control

• Criminal Justice
• The criminal law, the law of criminal procedure,
  and the array of procedures and activities having
  to do with the enforcement of the that body of
  law.
• CJ cannot be separated from social justice
  because of the kind of justice enacted in our
  nations criminal courts is a reflection of basic
  American understandings of right and wrong.
• This reflection refers to the aspects of social
  justice which concern violations of the criminal
  law.

10
Concepts of Control

• Administration of Justice
• The performance of any of the following
  activities
• Detection
• Apprehension
• Detention
• Pretrial Release
• Prosecution
• Adjudication
• Correctional Supervision or
• Rehabilitation of an accused or convicted person

11
American Criminal Justice System and Functions

• The Criminal Justice System
• The aggregate of all operating and administrative
  or technical support agencies that perform
  criminal justice functions (Figure 1-2)
• This includes, but is not limited to, law
  enforcement, the courts and corrections
• A system approach would assume that all the
  various parts work together to achieve justice

12
American Criminal Justice System and Functions

• The Criminal Justice System
• The consensus model
• Assumes that the criminal justice systems
  components work together harmoniously to achieve
  the social product we call justice
• All the actions of criminal justice officials,
  from arrest, to prosecution, to sentencing, work
  together to create a smooth, predictable process

13
American Criminal Justice System and Functions

• The Criminal Justice System
• The conflict model
• Assumes that the systems components function
  primarily to serve their own interests
• More conflict than cooperation between components
• A non-system
• Participants within the system tend to be
  self-serving
• Pressures to succeed lead to fragmentation within
  the system leading to a non-system

14
American Criminal Justice System and Functions

• The conflict model
• Jerome Skolnicks example of a non-system
• The police are rated on how good of a job they do
  by the number of cases they clear
• The police arrest a burglar who helps the
  police by confessing to many burglaries that he
  did not commit
• The police help the burglar out by speaking to
  the judge on his behalf
• The criminal receives a lesser penalty, and the
  police have shown effectiveness by clearing 400
  unsolved crimes from the books

15
American Criminal Justice The Process
The Criminal Event
The Offense
Investigation
Arrest
Booking
Suspended or Dropped
Released
16
American Criminal Justice The Process

• Investigation and Arrest
• The modern justice process begins with
  investigation
• Some arrests are made at the scene of the crime
• Some arrests are made after an extensive
  investigation
• The investigation allows the law enforcement
  officer to secure a warrant

17
American Criminal Justice The Process

• Investigation and Arrest
• A warrant, is a writ issued by a judicial officer
  directing a law enforcement officer to perform a
  specific act and affording the officer protection
  from damages (civil) if he or she performs the
  act

18
American Criminal Justice The Process

• Investigation and Arrest
• An arrest occurs when a person is taken into
  custody and limits the arrestees freedom.
• Only about half of all people arrested are
  eventually convicted.
• Only about a quarter are sentenced to a year of
  more in prison.

19
American Criminal Justice The Process

• Investigation and Arrest
• During the investigation and subsequent arrest
  the suspects are usually advised of their Miranda
  Rights
• These rights although written into the U.S.
  Constitution, they were not affirmed until the
  case of Miranda v. Arizona (1966)

20
American Criminal Justice The Process

• Investigation and Arrest
• Miranda Rights
• You have the right to remain silent
• Anything you say can and will be used against you
  in court
• You have the right to talk to a lawyer for advice
  before we ask you any questions, and to have him
  with you during questioning
• If you cannot afford a lawyer, one will be
  appointed to you prior to any questioning if you
  wish
• If you decide to answer questions now without a
  lawyer present, you will still have the right to
  stop answering at any time. You also have the
  right to stop answering at any time may talk
  with a lawyer before deciding to speak again

21
American Criminal Justice The Process

• Investigation and Arrest
• Miranda rights
• Do you wish to talk or not
• Do you want a lawyer
• Miranda rights are only necessary prior to
  questioning about a specific crime, not for
  routine questions

22
American Criminal Justice The Process

• Investigation and Arrest
• Booking
• An administrative process that officially records
  the entry into detention after arrest
• Pictures are taken, fingerprints are made and
  personal information is collected
• Name, address, D.O.B., Height and weight, etc

23
Pretrial Activities
Release on Bail
First Appearance
Preliminary Hearing
Information or Indictment Grand Jury
Arraignment
Detention or jail
24
American Criminal Justice The Process

• First Appearance
• Judge advises defendant of the charges
• Judge will advise the defendant of his/her rights
• Appointment of lawyer if indigent
• Provide for the opportunity of bail
• Bail is a cash deposit or a property bond which
  serves as collateral against the flight of the
  defendant
• If no bail, then jail

25
American Criminal Justice The Process

• Preliminary Hearing
• The judge determines
• 1. Whether there is sufficient evidence that a
  crime was committed
• 2. Whether the crime occurred within the courts
  jurisdiction
• 3. Whether there are reasonable grounds to
  believe the defendant committed the crimeThis
  aspect is determined by probable cause

26
American Criminal Justice The Process

• Probable Cause
• A set of facts and circumstances that would
  induce a reasonably intelligent and prudent
  person to believe that a particular person has
  committed a specific crime
• This is the necessary level of belief that would
  allow for valid police arrests of individuals, as
  well as searches of dwellings, vehicles and
  possessions

27
American Criminal Justice The Process

• Preliminary Hearing
• Also allows
• The prosecutor an opportunity to test the
  strength of the evidence to prove the case
• The defense attorney an opportunity to test the
  strength of the case to determine whether to try
  the case or work toward a plea bargain

28
American Criminal Justice The Process

• Information or Indictment
• The grand jury hears evidence from the
  prosecuting attorney and determines whether there
  is probable cause to formally charge the
  defendant with the crime
• An indictment is a formal written accusation
  submitted to the court by a grand jury,
  alleging that a specific person has committed a
  specific offense and should go to trial
• The grand jury is the formal indicting authority

29
American Criminal Justice The Process

• The Grand Jury
• Has been criticized because it is one sided, as
  only the prosecuting attorney presents
  information and evidence
• The prosecuting attorney may appeal to the grand
  jurys emotions
• The rules for presentation of evidence are not
  the same as for presentation at trial

30
American Criminal Justice The Process

• Arraignment
• This is the defendants appearance at the first
  court that has the authority to conduct a trial
• Three important issues
• 1. The defendant is advised of his/her rights
• 2. The defendant is advised of the charges
  against him/her
• 3. The defendant is asked to enter a plea

31
American Criminal Justice The Process

• Potential Pleas
• Guilty
• Does not have to be accepted by the judge
• If duress or lack of understanding by the
  defendant are the reason for the plea, the judge
  may enter a not guilty plea
• Not guilty
• Entered by the judge if the defendant stands
  mute
• No contest or Nolo Contendere
• Results in a guilty plea
• Cannot be used against the defendant in any
  subsequent civil proceedings

32
Adjudication
The Trial
Guilty
Acquittal
33
American Criminal Justice The Process

• Trial
• The examination in a court or the issues of fact
  and law in a case for the purpose of reaching a
  judgment of a conviction or acquittal of the
  defendant
• The sixth amendment to the U.S. Constitution
  guarantees the right to a trial by jury
• Petty offenses, incarceration less than 6 months,
  are not covered by this sixth amendment guarantee

34
American Criminal Justice The Process

• Trial
• However, Blanton v. City of north Las Vegas
  (1989) challenged this exception
• Blanton challenged on the facts that the
  incarceration, community service and fines
  together are severe which makes it a serious
  rather than a petty crime
• Blanton was granted a jury trial

35
American Criminal Justice The Process

• Trial
• Most cases do not go to trial
• 82 of all sentences are imposed in criminal
  cases because of guilty pleas rather than a trial

36
American Criminal Justice The Process

• Trial
• Trials are conducted by procedural laws which
  specify
• The types of evidence that may be submitted
• Those person who have the credentials to
  represent the state or defendant
• What the jury is allowed to hear

37
American Criminal Justice The Process

• Trial
• Trials are also controlled by precedent
• Precedent is understandings built up through
  common usage and also by decisions rendered by
  courts in previous cases
• Lawyer at trial having Permission of the Judge to
  approach the witness
• Use of vivid crime scene photos

38
American Criminal Justice The Process

• Trial
• Some states allow for individuals charged with
  less serious crimes to have the case adjudicated
  by the judge
• For this to occur, the defendant must waive
  his/her right to a trial by jury
• This is known as a bench trial

39
American Criminal Justice The Process

• Trial
• Trials are expensive and time consuming
• Cost of prosecuting attorney
• Cost of defense attorney
• Cost of judge to regulate the adversarial process
• Time put in by jury members

40
American Criminal Justice The Process

• Trial
• If the jury cant decide guilty or not guilty
  the jury is said to be deadlocked
• This results in a mistrial
• The complete case may be tried again

41
Sentencing
Sentencing
Fines and Costs
Appeal
42
American Criminal Justice The Process

• Sentencing
• Once a person is convicted it is the
  responsibility of the judge to impose the
  punishment
• Punishment may be in the form of probation,
  community service, fines, incarceration or a
  combination

43
American Criminal Justice The Process

• Sentencing
• To assist the judge in sentencing, the judge may
  request a pre-sentence report
• The pre-sentence report is prepared by a
  probation or parole officer
• The pre-sentence report contains information on
  the defendants family, emotional state, social
  background and criminal history

44
American Criminal Justice The Process

• Consecutive sentence
• One or two or more sentences imposed at the same
  time, after conviction for more than one offense
  and served in sequence with the other sentence
• Serves one sentence after another is completed
• Example 5 years with 5 years Consecutive 10
  years
• Concurrent sentence
• One or two or more sentences imposed at the same
  time, after conviction for more than one offense
  and served at the same time
• The sentences are served together
• Example 5 years with 5 years Concurrent 5
  years

45
Corrections
Continuation on Suspension
Probation
Violation Hearing
Discharge
Imprisonment
Parole
Expiration of Sentence
Discharge
46
American Criminal Justice The Process

• Corrections
• Corrections begins after the offender has been
  sentenced
• Prior to incarceration, inmates are classified
• Classification determines the need for the level
  of punishment
• Incarceration or Community Supervision and
  Treatment
• If Incarcerated, the difference between a felony
  or misdemeanor, and length of time to be served
  may determine whether the convicted serves time
  in a prison or jail

47
American Criminal Justice The Process

• Probation and Parole
• Both occur at a point after the offender has been
  sentenced
• Probation
• Supervision under the court, and can include
• Reporting
• No Alcohol or Drug Use
• Community service
• Restitution, and
• Any other conditions set by the court

48
American Criminal Justice The Process

• Probation and Parole
• Parole
• Offenders serve a portion of their sentence
  behind bars
• Supervised by parole officer under the Executive
  Branch (Not the court)
• Parole officer assists in readjustment to society
• Failure to comply results in return to prison

49
Due Process Individual Rights

• Due process and Individual Rights
• Due process is a term that means procedural
  fairness and equity
• This is guaranteed by the fifth, sixth and
  fourteenth amendments and is specifically stated
  in the fifth amendment as follows
• no person shall be deprived of life, liberty or
  property, without due process of law
• The requirements of Due Process mandates the
  recognition of individual rights in the
  processing of criminal defendants facing
  prosecution

50
Due Process Individual Rights

• Individual Rights
• The Warren Court (1953-69)
• Led by Chief Justice Earl Warren
• Concerned with protecting the innocent against
  the massive power of the state in criminal
  proceedings
• Individual rights are protected from overzealous
  law enforcement officers

51
Due Process Individual Rights

• Individual Rights (Table 1-1)
• Right against unreasonable searches and seizures
• Right against self-incrimination
• Right to an attorney
• Right to a trial by jury
• Right to a speedy trial
• Right against excessive bail
• Etc

52
Due Process Individual Rights

• The role of the courts in defining rights
• Although these rights are guaranteed by the
  U.S. Constitution, the U.S. Supreme court
  interprets the constitution in various cases to
  ensure these rights are applied universally
  across the entire nation as the Law of the Land

53
Due Process Individual Rights

• The role of the courts in defining rights
• The Sixth Amendment
• In all criminal prosecutions, the accused shall
  enjoy the right to and to have the assistance
  of counsel for his defense
• The U.S. Supreme court had initially interpreted
  this right to the assistance of counsel to only
  apply to defendant accused of capital crimes
  (crimes punishable by death)

54
Due Process Individual Rights

• The role of the courts in defining rights
• Gideon v. Wainwright (1963)
• Established the right to an attorney at the state
  level for all defendants charged with a felony
  offense
• These decisions carry the same weight as
  legislative laws and are sometimes referred to as
  judge made law

55
Due Process Individual Rights

• Crime control through Due Process
• The Crime Control Model emphasizes
• The efficient arrest and conviction of criminal
  offenders
• First brought to the attention of the academic
  community by Herbert Packer

56
Due Process Individual Rights

• Crime control through Due Process
• The Due Process Model
• Emphasizes individual rights at all stages of the
  CJ system processing
• Police are required to recognize the rights of
  individuals during arrest, questioning and
  handling
• Judges and prosecutors must recognize
  constitutional rights during the trial and
  presentation of evidence

57
The Role of Research in Criminal Justice

• The Study of Criminology
• August Vollmer in the late 1920s
• Chief of police at L.A.P.D. and offered courses
  at university of California
• O.W. Wilson a former student of Vollmer
• William H. Parker
• Chief of police at L.A.P.D
• All called for an increased professionalism in
  police work through better training

58
Criminal Justice Criminology

• The study of Criminology
• Criminology is the scientific study of the causes
  and prevention of crime and the rehabilitation
  and punishment of offenders
• Combines many other disciplines, sociology,
  psychology, biology, economics, political science
  
• Basically criminology is the practical
  application of the social sciences

59
Criminal Justice Criminology

• The study of Criminology
• Increased with government funding
• Law enforcement assistance administration (LEAA)
• Law enforcement educational program (LEEP)
  provided funds to individuals studying criminal
  justice

60
Criminal Justice Criminology

• National Institute of Justice (NIJ)
• Supports research in CJ through funding for
  scientific research_at_3,000,000,000 annually
• A major source of research information about the
  practical impact of technology on the criminal
  justice system is the National Law Enforcement
  and Corrections Technology Center (NLECTC)
• This network of regional centers and specialty
  offices located across the country offers no-cost
  assistance to help law enforcement and
  corrections agencies implement current and
  emerging technologies

61
Multiculturalism and Diversity in Criminal
Justice

• Multiculturalism and Crime
• Multiculturalism is the existence within one
  society, diverse groups that maintain unique
  cultural identities while frequently accepting
  and participating in the larger societys legal
  and political system
• Multiculturalism is often used in conjunction
  with the term diversity to identify the many
  distinctions of social significance
• Challenge how to protect the rights of
  individuals to self-expression while ensuring
  social control and the safety and security of the
  public (Polygamy Example)