Schmalleger Criminal Justice A Brief Introduction 10 e

Schmalleger, Criminal Justice: A Brief Introduction, 10 e Chapter 1 What is Criminal Justice? Class Name, Instructor Name Date, Semester 1 © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

CHAPTER OBJECTIVES 1. 1 Explain the relationship of criminal justice to general concepts of equity and fairness. 1. 2 Describe the public-order (crime-control) and individual-rights (dueprocess) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives. 1. 3 Summarize the history of crime in America and corresponding changes in the American Criminal Justice system. 1. 4 Describe the American criminal justice system in terms of its three major components and their respective functions. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

CHAPTER OBJECTIVES, continued 1. 5 Describe the process of American criminal justice, including the stages of criminal case processing. 1. 6 Define due process of law, including where the American legal system guarantees due process. 1. 7 Describe the role of evidence-based practice in contemporary criminal justice. 1. 8 Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1. 1 Summarize the history of crime in America and corresponding changes in the American criminal justice system.

1. 1 A Brief History of Crime in America 1850 -1880 1920 -1933 1960 -1970 1980 s 1990 s Civil War Prohibition Organized crime Sale and use of illicit drugs Widespread immigration The civil rights movement Public perception crime rates up Crime epidemic Murder, rape, and assault increased considerably Concern for people with physical and mental challenges Increased crime President Reagan declared a “war on drugs” Offenders unpunished “Get tough on crime” era

1. 1 A Brief History of Crime in America 1992 2001 Rodney King video Law enforcement involves a global effort at controlling crime Bombing of the Alfred P. Murrah Federal Building and Columbine HS massacre Emphasis on individual accountability USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies 2009 2011 2012 -2014 Bernard Madoff FBI mostwanted terrorist Osama Bin Laden killed by U. S. special operations forces in Pakistan Epidemic of mass shootings and random violence sweeps public venues across the U. S. Largest Ponzi scheme in history

Individual Rights vs. Public Safety 1. 2 Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives.

1. 2 Individual Rights vs. Public Order Individual Rights 8 Public Order

1. 2 Individual Rights vs. Public Order Individual. Rights Advocates Seek to protect personal freedoms within the process of criminal justice Public-Order Advocates vs. Believe that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights

1. 2 Individual Rights vs. Public Order • 1960 s and 1970 s: known as the civil rights era – Strong emphasis on individual rights – Guarantee the rights of defendants and attempt to understand the causes of crime and violence • Today, we have a shift away from the offender as victim and now see the offender as a dangerous social predator • Late-2010: Chelsea’s Law was passed by the CA senate 10

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 3 Explain the relationship of criminal justice to general concepts of equity and fairness.

1. 3 Criminal Justice and Basic Fairness • Justice – The principle of fairness; the ideal of moral equity • Social justice – Linked to fundamental notions of fairness and to cultural beliefs about right and wrong 12

1. 3 Criminal Justice and Basic Fairness • Civil justice – A component of social justice concerned with fairness in relationships between citizens, government agencies, and businesses in private matters • Criminal justice – The aspects of social justice that concern violations of the criminal law 13

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 4 Describe the American criminal justice system in terms of its three major components and their respective functions.

1. 4 Fig. 1 -3 © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

1. 4 Criminal Justice System Structure Consensus Model Various parts of the justice system work together to achieve the social product of justice 16 Conflict Model vs. Components of the justice system function to serve their own interests; justice results from conflict rather than cooperation

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 5 Describe the process of American criminal justice, including the stages of criminal case processing.

1. 5 Stages of Case Processing Investigation and Arrest Investigation: Evidence collected, reconstruction of criminal event 18 Warrant: Writ issued by judge directing officer to perform an act and protects officer from damages Arrest: Act of taking an adult or juvenile into custody Booking: Taking pictures, fingerprints, personal information from suspect

1. 5 Stages of Case Processing Miranda Warnings • This is a result of the Miranda v. Arizona (1966) • Miranda warnings are read when a suspect is first arrested • To make sure anything the suspect says from that point forward can be used against the suspect should the case go forward 19

1. 5 20 Miranda Warnings

1. 5 Criminal Justice Process What happens after arrest? Booking First Appearance Arraignment 21 Preliminary Hearing Trial Information/ Indictment Sentencing Corrections (and potentially reentry)

1. 5 Criminal Justice Process Booking A law enforcement or correctional administrative process of officially recording an entry into detention after arrest First Appearance • Formally notified of the charges • Advised of their rights • Given the opportunity to retain a lawyer or have one appointed to represent them • May be afforded the opportunity for bail 22

1. 5 Criminal Justice Process Preliminary Hearing Occurs before a judicial officer; allows the defense to assess the strength of the prosecution’s case Purpose is to determine the following: • Whether a crime had been committed • Whether the crime was committed within the jurisdiction of the court • Whethere are reasonable grounds to believe that the defendant committed the crime 23

1. 5 Criminal Justice Process Information A formal written accusation submitted to a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s) Indictment A formal written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specified offense, usually a felony 24

1. 5 Criminal Justice Process Arraignment Hearing before the court having jurisdiction in a criminal case in which the… • Identity of the defendant is established. • Defendant is informed of the charges against him/her. • Defendant is informed of his/her rights and requested to enter a plea. Trial Examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal 25

1. 5 Criminal Justice Process Sentencing A number of difference sentencing options exist, from fines to the death penalty Corrections • • The sentence is carried out Probation/parole options follow after a portion of the correction sentence has been served Reentry Following corrections, an offender may be returned to the community 26

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 6 Define due process of law, including where the American legal system guarantees due process.

1. 6 The Ultimate Goal: Crime Control through Due Process • Crime-control model – Emphasizes the efficient arrest and convictions of offenders • Due process model – Emphasizes individual rights at all stages of the justice system processing These are often assumed to be opposing goals. 28

1. 6 Due Process and Individual Rights Herbert L. Packer Identified Two Models in 1968— The Crime Control and Due Process Models 29

1. 6 Due Process and Individual Rights Due process • A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U. S. Constitution • Bill of Rights • Standard was set in the 1960 s by the Warren Court 30

1. 6 The Role of the Courts in Defining Rights • Rights are open to interpretation • U. S. Supreme Court – Gideon v. Wainwright (1963) • Sixth Amendment guarantee of a right to counsel • Including court-appointed counsel for those unable to afford a lawyer – Court’s interpretation of the Sixth Amendment 31

1. 6 The Ultimate Goal: Crime Control through Due Process • Crime control through due process – A system of social control that is fair to those it processes – Law enforcement infused with the recognition of individual rights • Social control – The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group 32

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 7 Describe the role of evidence-based practice in contemporary criminal justice.

1. 7 Evidence-Based Practices What are they? 34

1. 7 Evidence-Based Practice in Criminal Justice Refers to crime-fighting strategies that have been scientifically tested • Based on social science research • A major element in the increasing professionalization of criminal justice • Strong demand for the application of evidence-based practices throughout criminal justice 35

1. 7 The Start of Academic Criminal Justice • Began in the late 1920 s • August Vollmer persuaded the University of California to offer courses • Early criminal justice education was practice oriented • Primarily focused on the application of general management principles to the administration of police agencies • Organizational effectiveness 36

1. 7 The Start of Academic Criminal Justice • By the 1960 s, students began to apply the techniques of social science research – Criminology – Sociology – Psychology – Political science Criminology – The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders 37

Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes 1. 8 Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice.

1. 8 Multiculturalism and Diversity in Criminal Justice Multiculturalism • The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems • Is one form of diversity 39

1. 8 Multiculturalism and Diversity in Criminal Justice The diverse values, perspectives, and behaviors characteristic of various groups within society have a significant impact on the justice system Examples: • Confusion over a police officer’s commands to a non-Englishspeaking suspect • The need for interpreters in the courtroom • Some minority communities have a deep-seated distrust of the police • Some immigrants are unwilling to report crime • Women are underrepresented in criminal justice agencies • Some people have irrational suspicions of Arab Americans following the September 11 terrorist attacks 40

CHAPTER SUMMARY 1. 1 The Criminal Justice System strives to treat all fairly and equally. 1. 2 The system balances the needs for public order and individual rights. 1. 3 The criminal justice system consists of three major components: police, courts, and corrections. 1. 4 The Criminal Justice system is dynamic and reacts to changes in crime patterns. 1. 5 A criminal case proceeds through a defined set of stages. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved

CHAPTER SUMMARY 1. 6 Due process is guaranteed by the Constitution and defined by Supreme Court case law. 1. 7 The criminal justice system can best be analyzed through evidence-based examination. 1. 8 Diversity and multiculturalism present both challenges and opportunities to the system. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved