Chapter 1

Criminal Justice Today

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What is a crime?

What is a crime? An act proclaimed by law as a

wrong against society and, if committed under certain circumstances, punishable by society

The Consensus Model

1. Assumes that as people gather together to form a society, its members will naturally come to a basic agreement with regard to shared norms and values

2. Assumes, to a certain extent, that a diverse group of people can have similar morals

The Conflict model 1. Assumes that different segments of

society, separated by social class, income, age, and rage, will inevitably have different value systems and shared norms, and are engaged in a constant struggle with one another for control of society

2. What is deemed criminal activity is determined by whichever group happens to be holding power at any given time

L.02

An integrated definition of crime

An integrated definition of crime

Constructs a definition of crime in that it is any action or activity that includes the following:

1. Is punishable under criminal law, as determined by the majority of society, or in some cases, a powerful minority

2. Is considered an offense against society as a whole and prosecuted by public officials

3. Is punishable by statutorily defined sanctions that bring about a loss of freedom

Types of crimes Crimes are classified according to their

seriousness

In general there are six categories of criminal behavior

Mr. & Mrs. Bake? What do you think it represents?

Types of crimes 1. Violent crime

Crimes against persons, which dominate our perspectives about crime

Four general categories 1. Murder

2. Sexual assault 3. Assault and battery 4. Robbery

These acts are further classified by degree, depending on the circumstances surrounding the criminal act

Types of crimes 2. Property crime

Most common form of criminal activity during which the goal of the offender is some form of economic gain or damaging of the property

Four general categories

1. Larceny / Theft 2. Burglary 3. Motor vehicle theft 4. Arson

Types of crimes

3. Public order crime

Linked to the consensus model

Outlaws activities that are considered contrary to public values and morals

Most common include public drunkenness, prostitution, gambling, and illicit drug use

Often referred to as victimless crimes as they only harm the offender

Types of crimes

4. White-collar crime

Business-related crimes

Describes illegal acts or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage

Types of crimes 5. Organized crime

1. Describes illegal acts by illegal organizations, usually geared toward satisfying the public’s demand for unlawful goods and services

2. Implies a conspiratorial and illegal relationship among any number of persons engaged in unlawful acts

Types of crimes 3. Employs criminal tactics

a. Violence b. Corruption C. Intimidation for economic gain

Types of crimes 6. High-tech crime

Newest typology of crime, directly related to increased use of computers in everyday life

Internet has become the site of cyber crime 1. Cyber crimes against persons and property 2. Cyber crimes in the business world 3. Cyber crimes against the community

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The Criminal Justice System

The purpose of the criminal justice system President’s Commission on Law

Enforcement and Administration of Justice, in 1967, stated that the system is obliged to enforce accepted standards of conduct to “protect individuals and the community”

The purpose of the criminal justice system Three goals of the modern criminal

justice system 1. To control crime 2. To prevent crime 3. To provide and maintain justice

Law enforcement 1. Local law enforcement

a. Duties are split between counties and municipalities

b. Chief law enforcement officer of the county is the sheriff

i. Elected post ii. Two or four-year term

Law enforcement c. Bulk of local police officers are

employed by municipalities 1. Investigate crimes 2. Attempt to deter crime 3. Apprehend criminals 4. Participate in trial proceedings 5. Charged with “keeping the peace” 6. In some areas, provide social services

State law enforcement Two general types of state law

enforcement agencies

1. State police 2. Highway patrols

Other state law enforcers include fire marshals and fish, game, and watercraft wardens

Federal law enforcement Department of Homeland Security

(DHS) combines 24 federal agencies Federal Bureau of Investigations

(FBI) Drug Enforcement Administration

(DEA) U. S. Secret Service Bureau of Alcohol, Tobacco and

Firearms (ATF)

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The Courts

The Courts Dual court system with two independent

judicial systems 1. Federal level 2. State level

A dual court system, which means that we have two independent judicial systems Federal Level and State Levels

Corrections 1. Offenders may be placed on

probation, incarcerated, or transferred to community-based corrections facilities once they have been delegated to the corrections system

2. Probation is the most common correctional treatment allowing the offender to return to the community under supervision

Incarceration may include jails or prisons

Jails house those convicted of minor crimes with relatively short sentences in the county jail

Prisons house those convicted of more serious crimes with longer sentences in Lowell Prison

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Discretion

Discretion and discretionary basics Using authority to choose between and

among alternative courses of action Criminal justice system uses discretion

to alleviate pressures Discretion is closely related to questions

of ethics

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The “wedding cake” model of criminal justice

The first layers of the cake

“Top” layer consists only of a handful of celebrity cases

The Second layers of the cake

Second layer consists of “high profile” felonies

The third layers of the cake

Third layer consists of “ordinary” felonies

The fourth layers of the cake

Fourth layer consists of misdemeanors

Public fascination with celebrity cases obscures a truth of the informal criminal justice process

Trial by jury is relatively rare only about 5% of those arrested for felonies go to trial

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Values of the Criminal Justice System

Crime control model

1. The most important function of the criminal justice system is to punish and repress criminal conduct

2. The criminal justice system should function quickly and efficiently, as an assembly line

3. Police are in a better position than the courts to determine guilt, and therefore as few restrictions as possible should be place on them

4. The crime control model relies on the informality in the justice system

Due process model 1. Focuses on protecting the rights of

the accused through legal constraints on police, courts, and corrections

2. Fairness, not efficiency, is the goal of the due process model

3. The due process model relies on the courts to uphold the legal procedures of establishing guilt

4. The due process model protects individuals for the power of the state

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Criminal Justice Today

Crime: the bottom line 2/3 of citizens feel crime is on the rise In fact, in 2010 violent crime and

property crime rates are declining and are at near record lows

Still, the weak economy could lead to eventual increases

Gun Sales and Gun Control 30,000 people are killed by gunfire each

year Illegally obtained firearms pose a series

concern for law enforcement 1/3 of American households legally

possess at least one gun The debate over gun control continues

as the Second Amendment is analyzed

Illegal Drugs

Crack cocaine blamed for explosion of violent crime in 1980s and 1990s

Intense wave of violent crime related to wars between Mexican drug cartels

U.S. government estimates that Mexican drug cartels supply drugs to 230 American cities

War on drugs refers primarily to psychoactive drugs, which a significant number of Americans regularly use

Law Enforcement in the United States: Traditions and Technology

Using DNA profiling to fight crime The Homeland Security and the Patriot

Act 1. The ultimate goal is to protect American

from terrorism 2. This has led to politicians and police

officers to favor the crime control model 3. The Patriot Act was passed six weeks

after the 9/11 attacks