Required Text Essentials of Criminal Justice Sixth Edition

Required Text: Essentials of Criminal Justice, Sixth Edition Larry J. Siegel

Chapter 1 Criminal Justice

Four Basic Goals for the Course At the end of the course you should Know and be familiar with the basic factual and systematic information on the problems of crime and the major institutions (1)police, (2)courts, (3) corrections) and policies which seek to control crime; Be able to use correctly and with ease basic concepts and terminology which describe people, organizations and policies; Be able to assess existing explanations why people and criminal justice organizations do what they do; Be able to assess and evaluate whether what is done in the name of criminal justice (and ultimately the American public - you) is fair and just as well as effective.

An introduction and overview of interesting topics you can sample - to arouse your interest Later courses you can take will go into much greater depth and detail on topics: crime, law, police, courts, prisons, etc.

Study of Criminal Justice V. CRIMINOLOGY 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.

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 report of a crime/victimization to the police to decisions by the police, courts, and correctional personnel to the eventual release of the offender and her or his reentry into society.

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 ◦ The “discovery” and analysis 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 Social control – makes people behave in approved ways and sanction those who do not Formal social control – what the government does; enforces laws and regulations Informal social control – what people do; tends to enforce social norms of behavior

Agencies of the Criminal Justice System Over 5, 000 public agencies employing over 2 million people serve as society’s instrument of social control Three major components- (SIGNIFICANT POINTS) ◦ 1. Law Enforcement (22, 000 agencies or more) ◦ 2. Courts (20, 000 courts; 10, 000 prosecutorial agencies or more) ◦ 3. Corrections (6, 000 institutions; 3, 500 probation and parole departments or more)

The Formal Criminal Justice Process How cases/offenders flow through the system and where they exit from the system 1. Report of a crime Or 1 a. Initial contact of a suspected offender 2. Investigation 3. Arrest 4. Custody 5. Charging 6. Preliminary hearing/grand jury 7. Arraignment 8. Bail/detention

The Formal Criminal Justice Process (cont. ) 9. Plea bargaining 10. Trial/adjudication 11. Sentencing/disposition 12. Appeal/post-conviction remedies 13. Correctional treatment 14. Release 15. Post-release

Remember ◦ 15 steps in the criminal justice system. Starts with Law Enforcement Courts Corrections

Criminal Justice Funnel

Flowcharts Flowchart models: how are cases processed? Issues: ◦ Who are the people who make these decisions? ◦ What is their job? ◦ Only a few cases go all the way through – the “funnel”

The Criminal Justice “Non-System” ◦ There is no integrated system, but a set of institutions and people having different powers and authority: Structural fragmentation – different institutions Sequential specialization – different jobs Ideological disagreements – different perceptions of what matters (people working in the system have perspectives) Functional interconnections – people manage to work together An example: the courtroom workgroup

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. We will have a court simulation with each of you will be assuming the roles described above.

The Criminal Justice Cake

Characteristics of Wedding Cake Model Cake model: variations in processing of cases ◦ The ideal (equal treatment) versus the reality (unequal processing) ◦ Variations in how cases are dealt with by seriousness of offense, nature of the accused, specifics of offense (stranger, weapons, injury) ◦ A system of laws and of people

Perspectives on Criminal Justice You all already have a perspective, whether you know it or not ◦ ◦ ◦ Crime control, due process, rehabilitation, non-interventionist, justice, and restorative justice

Break Out Groups- Discussion 6 perspectives from your book – which one is you? ◦ Identify your perspective ◦ What are those common perspectives that others have in your group? ◦ Select a spokes person

Perspectives Answer Questions Perspectives incorporate personal views, values and ideological preferences on What acts are crimes? Crime is a label. What kind of people commit crimes? What causes crimes? Strategies for dealing with crime and criminals: prevent, deter, punish, incapacitate, rehabilitate, reintegrate, community involvement ◦ Theories and what works and what does not ◦ Balancing notions of social control with notions of justice ◦ ◦

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 free ◦ 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, “just deserts” 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

Restorative Justice Policies Principles and goals: ◦ Make good – restore, heal – what has been broken and damaged: reestablish social harmony ◦ Offender has to accept responsibility for actions ◦ Involve all – offender, victims, officials agencies, community – in the decisionmaking and mediation process ◦ Arrive at a consensual agreement for making good (restitution)

Restorative Justice More than just another perspective: ◦ Changing the metaphor: make peace not war ◦ All the other perspectives think that crime control requires fighting a war against crime and criminals Sources for restorative justice ideas and practices: ◦ Religious beliefs (e. g. , Amish, pacifists} ◦ Indigenous societies (e. g. , Native Americans, First nations (Canada)) ◦ Foreign examples (e. g. , New Zealand) ◦ The importance of informal social control ◦ Reformers: disillusionment with current US criminal justice practices and results

Examples of Restorative Justice ◦ Vermont: Community Boards ◦ Family Group Conferences ◦ Navajo Peacemaker Court

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.

Perspectives on the War on Drugs How do different perspectives explain why there is a drug problem? What kind of people are drug producers, traffickers and consumers? What should be done about producers, traffickers and consumers? What does success look like?

Ethics AJ 750 Ethics ◦ Offered this is a brief introduction to the subject of ethics.

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 or tensions among legitimate goals are the norm Important because of the enormous power granted to criminal justice employees ◦ ◦ Ethics in in law enforcement the court process the corrections process studying criminal justice

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