Essentials of Criminal Justice Fifth Edition Larry J

Essentials of Criminal Justice, Fifth Edition Larry J. Siegel & Joseph J. Senna

Chapter 1 Crime and Criminal Justice

The Study of Criminal Justice: Studies the system of law enforcement, adjudication and correction that is directly involved in the apprehension, prosecution, and control of those charged with a criminal offense. Criminology: Studies the etiology (origin), extent, and nature of crime in society. Why are the two fields of study not mutually exclusive?

The Criminal Justice System A loosely organized collection of agencies charged with protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating criminal behavior.

The Criminal Justice Process The decision-making points from the initial investigation or arrest by police to the eventual release of the offender and his or her reentry into society; the various sequential criminal justice stages through which the offender passes.

Is Crime a Recent Development? Crime and violence have been common since the nation was first formed. Post-Civil War expansion to the west gave rise to famous criminals such as John Wesley Hardin, Billy the Kidd, and Johnny Ringo as well as famous law men such as Wyatt Earp and Bat Masterson. Crime rate may actually have been much higher in the 19 th and 20 th centuries than it is today.

Crime at the Turn of the Twentieth Century 1900 – 1935 we saw a sustained increase in criminal activity Criminal gangs formed before the Civil War in urban slums became the forerunners of modern day organized crime families Depression era outlaws

Developing the Criminal Justice System 1829 – London Metropolitan Police created 1919 – Establishment of the Chicago Crime Commission 1931 – National Commission on Law Observance and Enforcement (Wickersham Commission) created by President Hoover

The Modern Era of Justice can be traced to a series of research projects beginning in 1950 s by the American Bar Foundation § For the first time the term criminal justice system began to be used § Focused on the criminal justice process § Examination of the use of discretion

Federal Involvement in Criminal Justice 1967 President’s Commission on Law Enforcement and Administration of Justice 1968 Safe Streets Acts provided funding for the Law Enforcement Assistance Administration (LEAA) 1979 National Institute of Law Enforcement and Criminal Justice renamed the National Institute of Justice (NIJ)

The Criminal Justice System Today Formal social control Informal social control

Agencies of the Criminal Justice System Over 55, 000 public agencies employing over 2 million people serve as society’s instrument of social control Three Major components § Law Enforcement (17, 000 agencies) § Courts (17, 000 courts; 8, 000 prosecutorial agencies) § Corrections (6, 000 institutions; 3, 500 probation and parole departments)

Agencies of the Criminal Justice System (cont. ) System costs federal, state, and local governments approximately $165 billion per year for civil and criminal justice § Has increased more than 300 % since 1982

The Formal Criminal Justice Process Initial contact Investigation Arrest Custody Charging Preliminary hearing/grand jury Arraignment Bail/detention

The Formal Criminal Justice Process (continued) Plea bargaining Trial/adjudication Sentencing/disposition Appeal/postconviction remedies Correctional treatment Release Postrelease

Figure 1. 3 Critical Stages in the Justice Process

The Informal Criminal Justice Process Courtroom Work Group § Prosecutor, defense attorney, judge and others § Function to streamline the process of justice through the extensive use of plea bargaining and other alternatives

Figure 1. 4 The Criminal Justice Wedding Cake Source: Based on Samuel Walker, Sense and Nonsense About Crime (Belmont, Calif. : Wadsworth, 2001).

The Crime Control Perspective Emphasizes the control of dangerous offenders and the protection of society. Its advocates call for harsh punishments as a deterrent to crime, such as the death penalty § Purpose of the justice system is to 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

The Rehabilitation Perspective Primary purpose is to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavors § In the long run, it is better to treat than punish § Criminals are society’s victims § Helping others is part of the American culture

The Due Process Perspective Primary focus in on the defendant’s rights to prevent the wrongful conviction of an innocent person § 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 § Everyone must be treated equally and fairly § Illegally seized evidence must be suppressed even if the guilty go fee § Legal counsel should be provided at every stage of the process, regardless of cost, to prevent abuse

Nonintervention Perspective The justice system should limit its involvement with criminal defendants so as to avoid the inevitable harmful and long-term negative effects § The justice system stigmatizes offenders § Stigma locks people into a criminal way of life § Less is better. Decriminalize, divert and deinstitutionalize whenever possible

Justice Perspective The greatest challenge for the system is to dispense fair and equal justice to those who come before the law § Equal treatment for equal crimes § Structured justice § Reduced use of discretion § Inconsistent treatment produces disrespect for the system

Restorative Justice Perspective True purpose of the criminal justice system should be to promote a peaceful and just society by engaging in peacemaking rather than punishment § Offenders should be reintegrated back into society § Coercive punishments are self-defeating § The justice system must become more humane

Perspectives in Perspective Crime Control and Justice Models have dominated during the past decade Rehabilitative efforts have not been abandoned No single view is the right or correct one.

Ethics in Criminal Justice Requires members of the system to apply equal and fair justice Difficult because criminal justice often functions in an environment where moral ambiguity is the norm Important because of the enormous power granted to criminal justice employees § Ethics in law enforcement § Ethics in the court process § Ethics in the corrections process