CHAPTER 1 What Is Criminal Justice Criminal Justice

CHAPTER 1 What Is Criminal Justice? Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 1

What Is the Definition of Crime? … conduct that violates criminal law, for which there is no legally accepted justification or excuse. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 2

A Brief History of Crime in America: 1850–Present 1850– 1880: §Crime epidemic and social upheaval caused by immigration Prohibition years (1920 -1933): §Widespread organized crime 1960 s– 1970 s: §War protests §Civil Rights Era increased concern for rights of women and ethnic and racial minorities. §Court decisions and new legislation expanded rights and affected all areas of life. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 3

1970 s– 1980 s: §FBI data indicate a considerable increase in murders, rapes, and assaults. 1980 s: §Dramatic increase in sale and use of illicit drugs, drug smuggling, and gangs. §Americans demanded “law and order. ” §“War on Drugs” declared. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 4

1990 s: §Violent encounters among citizens and law enforcement agents leads public to focus on police brutality and effective police management. §Americans believe crime is out of control. 2000–Present: §Emphasis on individual accountability, responsibility, and punishment of offenders §Terrorism on American soil is of central concern §USA PATRIOT ACT important tool in fight against terrorism §Corporate and white-collar crime gain attention Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 5

The Nature of Crime …is always evolving. Historical developments shape our legal system and our understanding of crime and justice. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 6

The Theme of This Book In contemporary American society, there is a need to: § create balance between individual rights and public order Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 7

Individual Rights and Public Order Individual Rights The desire to protect: w freedoms and privileges of citizens w respect rights of those facing criminal prosecution w individual rights advocates seek to protect personal freedoms and civil rights Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger Public Order Recognition that: w society has a valid interest in preventing future crime, in public safety, and in reducing harm caused by crime w public order advocates believe that interests of society should take precedence over individual rights © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 8

The Theme of This Book: The Struggle for Balance Individual Rights vs. Public Order Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 9

The Basis for Policy … the tension between individual rights and social responsibility forms the basis for most criminal justice policy -making activity. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 10

What Is Justice? … a powerful, yet elusive phrase … principle of fairness, the ideal of moral equity… Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 11

Social Justice …embraces all aspects of civilized life and is linked to fundamental notions of fairness and cultural beliefs of right and wrong. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 12

Components of Social Justice Within social justice are: § Civil Justice • deals with fairness in relationships between citizens, government agencies, and business in private matters § Criminal Justice • concern for violations of the criminal law Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 13

Justice Ideal …is the ultimate goal of criminal justice and of the daily practices and challenges that characterize the criminal justice system. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 14

American Criminal Justice: The System Core components: 1. Law Enforcement 2. Courts 3. Corrections Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 15

Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 16

How Well do the Components of the Justice System Interact? Consensus Model Conflict Model • The “systems” model • The “non-system” model • Assumes cooperation among all components of the system toward a common goal Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger • Assumes all components are selfserving and compete for limited resources © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 17

What These Models Tell Us Together, the consensus and conflict models tell us: § The agencies of justice are linked closely enough to be called a “system. ” § The magnitude of the criminal justice undertaking makes it difficult for the components to effectively cooperate. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 18

American Criminal Justice: Criminal Case Processing Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 19

Police: Investigation and Arrest Police become aware of a violation of law through either: proactive law enforcement or reactive law enforcement Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 20

Police: Investigation and Arrest The modern justice process begins with investigation. § Usually, police respond to calls about crimes that have been committed. Occasionally, police discover crimes in progress. § Police gather evidence at the scene and try to reconstruct events. § Arrests may occur at the scene or after an extensive investigation. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 21

What Level of Proof Is Needed for an Arrest? Arrests are based on probable cause. Probable cause forms the basis for warrants. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 22

What Is Probable Cause? …a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 23

What Is a Warrant? …a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 24

What Is an Arrest? …the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense… or …a delinquent act or status offense terminating with the recording of a specific offense. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 25

Miranda v. Arizona (1966) …held that police must notify suspects of their rights prior to custodial interrogation. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 26

Miranda Warnings 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to talk to an attorney and have him/her present while you are being questioned. 4. If you cannot afford a lawyer, one will be appointed for you before questioning. 5. If you decide to answer questions now, you may stop at any time. 6. Do you wish to talk or not? 7. Do you want a lawyer? Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 27

Booking An administrative process officially recording an entry into detention after arrest. § The accused’s personal information, details of arrest, and name of arresting authority are entered into the police log. § Fingerprints and photos are taken. § Suspect is informed of his/her rights. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 28

First Appearance § Within hours of the arrest § Suspect is informed of charges and advised of his/her rights. § An attorney is appointed if the accused is indigent. § An opportunity for bail may be provided. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 29

Pre-trial Release § Pre-trial release is afforded to most defendants through: Release on recognizance § Bail bond § § Those not released will await case disposition in jail. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 30

Preliminary Examination The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process. Forms: preliminary hearing or a grand jury review. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 31

Preliminary Hearing At a hearing with both the prosecution and the defense, a judge must decide if there is probable cause to believe that: 1. 2. A crime was committed. The defendant committed it. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 32

Grand Jury A grand jury hears evidence from the prosecutor and decides whether a case should go to trial. It also determines if there is probable cause to believe that: 1. 2. A crime was committed. The defendant committed it. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 33

Preliminary Hearing/Grand Jury may result in… Information § Based on outcome of preliminary hearing § Formal written accusation filed by prosecutor and outlining the charges against the accused Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger Indictment § Required in some states § Issued by grand jury © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 34

Arraignment § Before a court having jurisdiction in a criminal case § The defendant is informed of the charge(s) and of his/her rights. § The defendant is required to enter a plea. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 35

Types of Pleas 1. Guilty 2. Not guilty 3. No contest (nolo contendere) § § § If the plea is “not guilty, ” then a trial date is set. If the defendant “stands mute, ” then “not guilty” is entered. If the plea is guilty or no contest and if the judge accepts the plea, then it moves to the sentencing phase. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 36

Adjudication: Jury Trial The 6 th Amendment guarantees criminal defendants the right to a trial by jury. § Doesn’t include those charged with petty offenses. § Some states allow defendants to waive jury trial and opt for a bench trial. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 37

Trial An examination of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s). Trials are governed by procedural law and precedent. The state must prove “beyond a reasonable doubt” that the defendant committed the crime. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 38

Plea-Bargaining Most cases will not result in a trial. Instead, they will be handled through plea-bargaining. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 39

Sentencing Judges traditionally have considerable discretion. Sentencing decisions are influenced by: § Sentencing hearing § Victim impact statement § Pre-sentence Investigation (PSI) report Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 40

Sentencing Sentences on multiple charges can be served: consecutively–one after another concurrently–served at the same time Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 41

Corrections Once sentenced, the “corrections” phase begins. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 42

Due Process: Procedural Fairness The entire justice process must be conducted fairly and with equity and according to due process standards. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 43

Due Process Due process underlies the first 10 amendments to the Constitution, collectively known as the Bill of Rights. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 44

Interpreting the Constitution: The Role of the Courts The U. S. Supreme Court § Interprets the Constitution as it applies to the cases before them. § Precedent setting decisions become “the law of the land. ” Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 45

Administering Justice Due Process Model §Obstacle course justice §Focus on individual rights Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger Crime Control Model §Assembly line justice §Focus on system efficiency © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 46

The Ultimate Goal of the American Criminal Justice System Crime control through due process. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 47

The Role of Criminal Justice Research …increasing professionalism of criminal justice. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 48

Multiculturalism and Diversity in Criminal Justice American society is multicultural. Diverse values, perspectives, and behaviors influence the justice system. Criminal Justice: A Brief Introduction, 7 E by Frank Schmalleger © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 49