What Is Criminal Justice In its broadest sense

What Is Criminal Justice? In its broadest sense, the aspects of social justice that concern violations of the criminal law. © 2003 Prentice-Hall, Inc. 1

What Is Criminal Justice? In the strictest sense, the criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law. © 2003 Prentice-Hall, Inc. 2

What Is Criminal Justice? The study of criminal justice also includes the following viewpoints: • individual rights • public order © 2003 Prentice-Hall, Inc. 3

What is the definition of crime? © 2003 Prentice-Hall, Inc. 4

Crime use o H My . . . an act committed or omitted in violation of a law forbidding or commanding it. . . © 2003 Prentice-Hall, Inc. 5

Crime use o H My BANK Vault . . . for which the possible penalties for an adult upon conviction include incarceration. . . © 2003 Prentice-Hall, Inc. 6

Crime use o H My BANK Vault l e Tunn © 2003 Prentice-Hall, Inc. . for which a corporation can be penalized by fine or forfeit. . . 7

Crime use o H My BANK Vault l e Tunn © 2003 Prentice-Hall, Inc. . or for which a juvenile can be adjudged delinquent or transferred to criminal court for prosecution. 8

American History: A Brief Overview of Social Phenomena 1850 - Present • 1850 - 1880: social upheaval caused by immigration • 1960’s-1970’s: rights of ethnic, racial minorities, women, war protests © 2003 Prentice-Hall, Inc. 9

American History: A Brief Overview of Social Phenomena 1850 - Present • The 1980’s saw a dramatic increase in sale and use of illicit drugs. • The 1990’s saw violent encounters among citizens and law enforcement agents. © 2003 Prentice-Hall, Inc. 10

American History: A Brief Overview of Social Phenomena 1850 - Present • The year 2000 saw an emphasis on responsibility and punishment of offenders. • Terrorism on American soil is of central concern today. © 2003 Prentice-Hall, Inc. 11

What is Justice? © 2003 Prentice-Hall, Inc. 12

Justice principle of moral rightness or conformity to truth © 2003 Prentice-Hall, Inc. 13

Social Justice • civil justice • criminal justice © 2003 Prentice-Hall, Inc. 14

Civil Justice Deals with fairness in relationships between citizens, government agencies, and business in private matters. © 2003 Prentice-Hall, Inc. 15

Criminal Justice concern for violations of the criminal law © 2003 Prentice-Hall, Inc. 16

American Criminal Justice: The System • law enforcement • courts • corrections © 2003 Prentice-Hall, Inc. 17

American Criminal Justice: The System Consensus Model This model assumes cooperation between all components of the system towards a common goal. © 2003 Prentice-Hall, Inc. 18

American Criminal Justice: The System Conflict Model All components of the criminal justice system are self-serving and compete for limited resources. © 2003 Prentice-Hall, Inc. 19

American Criminal Justice: System Components © 2003 Prentice-Hall, Inc. 20

Police © 2003 Prentice-Hall, Inc. 21

Courts © 2003 Prentice-Hall, Inc. 22

Corrections © 2003 Prentice-Hall, Inc. 23

© 2003 Prentice-Hall, Inc. 24

Police: Investigation and Arrest Police become aware of a violation of law. proactive law enforcement vs. reactive law enforcement © 2003 Prentice-Hall, Inc. 25

Types of Police Responses: Proactive: The police, usually during routine patrol, observe a suspicious situation or a crime in progress. © 2003 Prentice-Hall, Inc. 26

Types of Police Responses: Reactive: The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol. © 2003 Prentice-Hall, Inc. 27

Warrant In criminal proceedings, 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. © 2003 Prentice-Hall, Inc. 28

Arrest The taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense… © 2003 Prentice-Hall, Inc. 29

Arrest or a delinquent act or status offense terminating with the recording of a specific offense. © 2003 Prentice-Hall, Inc. 30

Miranda v. Arizona (1966) The U. S. Supreme Court reversed the conviction of Ernesto Miranda and thereby established guidelines for the police to follow in the interrogation of suspects. © 2003 Prentice-Hall, Inc. 31

Miranda v. Arizona (1966) • You have the right to remain silent. • Anything you say can and will be used against you in a court of law. • You have the right to talk to an attorney and have him/her present while you are being questioned. © 2003 Prentice-Hall, Inc. 32

Miranda v. Arizona (1966) • If you cannot afford to hire an attorney, one will be appointed to represent you. • You can decide at any time to exercise these rights and not answer any questions or make any statements. © 2003 Prentice-Hall, Inc. 33

Miranda v. Arizona (1966) Waiver After the warnings have been given, the following questions should be asked. • Do you understand each of these rights I have explained to you? • Having these rights in mind, do you wish to talk to us now? © 2003 Prentice-Hall, Inc. 34

Booking An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: • name • address • time and place of arrest © 2003 Prentice-Hall, Inc. 35

Booking An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s: • Arrest charges are entered into the police log. • Fingerprints and photos can also be taken. © 2003 Prentice-Hall, Inc. 36

First Appearance • It usually occurs within 24 hours of arrest. • Charges against individual are read. • Accused is advised of his/her rights. © 2003 Prentice-Hall, Inc. 37

First Appearance • An attorney is appointed if the accused is indigent. • An opportunity for bail may be provided. © 2003 Prentice-Hall, Inc. 38

Bail • to ensure that the accused appear in court for trial © 2003 Prentice-Hall, Inc. 39

Preliminary Hearing: Grand Jury The U. S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime. © 2003 Prentice-Hall, Inc. 40

Preliminary Hearing: Grand Jury When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment. © 2003 Prentice-Hall, Inc. 41

Preliminary Hearing A proceeding before a judicial officer in which three matters must be decided: • Whether a crime was committed. • Whether the crime occurred within the territorial jurisdiction of the court. © 2003 Prentice-Hall, Inc. 42

Preliminary Hearing A proceeding before a judicial officer in which three matters must be decided: • Whethere are reasonable grounds to believe that the defendant committed the crime. © 2003 Prentice-Hall, Inc. 43

Arraignment • It takes place after a preliminary hearing or indictment. • Charges are read. © 2003 Prentice-Hall, Inc. 44

Arraignment • An attorney is provided if the defendant has not yet retained one. • The defendant is asked to enter a plea. • If the plea is “not guilty, ” than a trial date is set. © 2003 Prentice-Hall, Inc. 45

Arraignment It is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his/her rights, and the defendant is required to enter a plea. © 2003 Prentice-Hall, Inc. 46

Arraignment In some instances, it also means any appearance in court prior to trial in criminal proceedings. © 2003 Prentice-Hall, Inc. 47

Trial If the defendant enters a plea of “not guilty” at the arraignment, the proceedings will move forward to the trial phase. © 2003 Prentice-Hall, Inc. 48

Trial At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime. © 2003 Prentice-Hall, Inc. 49

Trial In criminal proceedings, a trial is the examination in a court 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). © 2003 Prentice-Hall, Inc. 50

Sentencing Once convicted, judge imposes punishment in the form of: • fine • probation • prison • community corrections © 2003 Prentice-Hall, Inc. 51

Sentencing Sentences can be served: • consecutively - one after another • concurrently - served at the same time © 2003 Prentice-Hall, Inc. 52

Corrections A component of the criminal justice system in which the offender serves the sentence imposed. © 2003 Prentice-Hall, Inc. 53

Corrections • probation • prison • community corrections • parole © 2003 Prentice-Hall, Inc. 54

Due Process Asserts that fundamental principles of justice are given priority in a criminal proceeding, and that the administration of the law in a criminal case does not violate individual rights. Based on the 14 th Amendment. © 2003 Prentice-Hall, Inc. 55

Due Process A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U. S. Constitution, and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights. © 2003 Prentice-Hall, Inc. 56

The Constitution © 2003 Prentice-Hall, Inc. 57

Fourteenth Amendment “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws…. ” © 2003 Prentice-Hall, Inc. 58

Fourth Amendment • The prohibition against unreasonable searches and seizures. • The exclusionary rule prohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant. © 2003 Prentice-Hall, Inc. 59

Fifth Amendment • The bar against double jeopardy. • The privilege against forced self-incrimination. © 2003 Prentice-Hall, Inc. 60

Sixth Amendment • • • right to a jury trial right to a public trial right to a speedy trial right to confront witnesses right to compulsory process to obtain witnesses © 2003 Prentice-Hall, Inc. 61

Sixth Amendment • right to assistance of an attorney in felony cases • right to assistance of an attorney in misdemeanor cases in which a prison term is imposed © 2003 Prentice-Hall, Inc. 62

Eighth Amendment It prohibits cruel and unusual punishment. © 2003 Prentice-Hall, Inc. 63

Herbert Packer The Limits of Criminal Sanctions, 1968 © 2003 Prentice-Hall, Inc. 64

Crime Control Model “Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime. ” (Packer) © 2003 Prentice-Hall, Inc. 65

Due Process Model “Each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process. ” (Packer) © 2003 Prentice-Hall, Inc. 66

Crime Control Model • assembly line justice • focus on system efficiency © 2003 Prentice-Hall, Inc. 67

Due Process Model • obstacle course justice • focus on individual rights © 2003 Prentice-Hall, Inc. 68