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Chapter 1 Crime and Criminal Justice

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Page 1: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Chapter 1

Crime and Criminal Justice

Page 2: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Learning Objectives

Discuss the formation of the criminal justice system in America

Be able to define the concept of a criminal justice system

Be familiar with the basic component agencies of criminal justice

Comprehend the size and scope of the contemporary justice system

Trace the formal criminal justice process

Page 3: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Learning Objectives

Know what is meant by the term “criminal justice assembly line”

Characterize the “informal criminal justice system”

Describe the “wedding cake” model of justice

Be familiar with the various perspectives on justice

Understand the ethical issues involved in criminal justice

Page 4: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Introduction: The Criminal Justice System

System of: Law enforcement

Courts

Corrections

Directly involved in the: Apprehension

Prosecution

Control of those who violate the law

Page 5: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Introduction: The Criminal Justice System

Page 6: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Introduction: The Criminal Justice System

Describe, analyze and explain the behavior of criminal justice agencies:

Police departments

Courts

Correctional agencies

Page 7: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Developing the Criminal Justice System

A surge of violent crime in 19th century America

Famous outlaws, criminal gangs

Flourished in largest cities

Criminal justice agencies developed as criminal gangs formed

In 1829 the London Metropolitan Police, the first police agency

Page 8: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Developing the Criminal Justice System

First police agencies created in the U.S:

Boston (1838)

New York (1844)

Philadelphia (1854).

The penitentiary was created

In 1919 the Chicago Crime Commission was

created

Page 9: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Developing the Criminal Justice System

In 1931 President Herbert Hover appointed the National Commission of Law Observance and Enforcement commonly known as the Wickersham Commission.

Commission made a detailed analysis of the U.S. justice system

Helped usher in the era of treatment and rehabilitation

Page 10: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Modern Era of Justice

Began in the 1950’s with a series of research projects

Criminal justice procedures and their interrelationship were examined:

Investigation

Arrest

Prosecution

Pleas negotiation

Page 11: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Federal Involvement in Criminal Justice

1967 - President’s Commission on Law Enforcement and Administration of Justice published The Challenge of Crime in a Free Society• A group of practitioners, educators, and attorneys

created a comprehensive view of the CJ process and recommended reforms

1968 - Congress passed Safe Streets and

Crime Control Act Funded the Law Enforcement Assistance

Administration

Federal government continues to fund the

NIJ and the BJA

Page 12: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary Criminal Justice System

Society’s instrument of social control

Task is to prevent or deter outlawed behavior by:

Apprehending

Adjudicating

Sanctioning Lawbreakers

Page 13: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary CJS

Three main components:

① Law enforcement agencies Investigate & arrest

② Court agencies Charge, conduct trial and sentence

③ Correctional agencies Monitor, treat, rehabilitate offenders

Page 14: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary CJS

State and local criminal and civil justice

Costs $215 billion (up 300 percent since 1982)

Employs more than 2 million people

18,000 local law enforcement agencies employ 1,000,000 people

800,000 are full-time sworn, remainder are:

Part-time officers

Civilian employees

Page 15: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary CJS

There are approximately: 17,000 courts

8,000 prosecution agencies

6,000 correctional institutions

3500 probation and parole departments

Costs: $100,000 to build a prison cell

$25,000 yearly to house an inmate

$30,000 yearly to house a juvenile inmate

Page 16: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary CJS

Arrest and Court Populations:

14 million individuals arrested each year

1 million convicted of felony charges in state and federal courts

1 ½ million juveniles handled by juvenile courts

Page 17: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Contemporary CJS

Corrections:

More than 7 million people under some form of correctional supervision

2 million in jails and prisons

5 million in community supervision:

Probation

Parole

Page 18: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Crime Report

Investigation

Arrest

Custody

Charging Factors

Preliminary hearing/Grand Jury

Arraignment

The Formal Criminal Justice Process

Bail/Detention

Plea Bargaining

Trial/Adjudication

Sentencing/Disposition

Appeal/Post-Conviction Remedies

Correctional Treatment

Release

Post-Release

Page 19: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Formal Justice Process

Page 20: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Criminal Justice Assembly Line

There are decision points at each of the stages of the assembly line

Each decision point is critical

The justice process is viewed as a funnel for cases

Page 21: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Informal CJ Process

Most criminal cases are cooperative ventures in which all parties work together to work out a deal

Courtroom Work Group:

Prosecutor

Defense attorney

Judge

Other court personnel

80-90% of all cases are settled without trials

Page 22: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

The Informal CJ Process

The “Wedding Cake” Model of Justice:

Page 23: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

There are a variety of perspectives on justice:

Crime Control Perspective

Rehabilitation Perspective

Due Process Perspective

Nonintervention Perspective

Equal Justice Perspective

Restorative Justice Perspective

Page 24: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

Crime Control Perspective:

Deter crime through the application of punishment

The more efficient the system, the greater its effectiveness

The justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty

Page 25: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

Rehabilitation Perspective Assumptions

Care for people who cannot manage themselves

It is better to treat than punish

Criminals are society’s victims

Helping others is part of the American culture

Convicted criminals can be successfully treated

Page 26: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

Due Process Perspective

• Provisions for fair and equitable treatment for the accused

• Every person deserves their constitutional rights and privileges

• Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty

• Decisions must be carefully scrutinized to avoid errors

Page 27: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

Nonintervention Perspective

• Criminal justice agencies should limit involvement with criminal defendants

• Labeling individuals as criminals is harmful and disruptive

• Stigma locks people into a criminal way of life

• Decriminalize, divert, and deinstitutionalize

Page 28: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives on Justice

Equal Justice Perspective

• Equal treatment for equal crimes

Decision making standardized and structured by rules and regulations

• Individual discretion reduced and controlled

• Inconsistent treatment produces disrespect for the system

Page 29: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Restorative Justice Perspective

Restorative Justice Perspective

• Offenders should be reintegrated back into society

• Coercive punishments are self-defeating

• Justice system must become more humane

Page 30: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Perspectives in Perspective

During the past decade crime control and equal justice models have dominated

Rehabilitation, due process, and the least-intrusive treatment have not been abandoned

There is no single view that is the right or correct view

Page 31: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Ethics in Criminal Justice

Justice personnel function in an environment where moral ambiguity is the norm

Enormous power granted to criminal justice employees

Ethics and law enforcement: Police have authority to deprive people of their

liberty

Police are granted wide discretion

Police serve as the interface between the power of the state and citizens it governs

Page 32: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Ethics in Criminal Justice

Ethics and the courts: Seeks justice for all parties in a criminal matter

Prosecutor has dual-role:

Represents people

Represents the court

Defense Attorney has dual-role:

Defense advocate

Officer of the court

Ethics and corrections - significant coercive power over offenders

Page 33: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

What is the appropriate response to ethical violations by a district attorney?

How does the media play a part in such charges?

Should the media be allowed to televise criminal court proceedings?

Page 34: Chapter 1 Crime and Criminal Justice. Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept

Ethics Charges in the Duke Rape Case