AJ 50 – Introduction to Administration of Justice
Chapter 1 -
What Is
Criminal Justice?
Individual Rights vs. Public Order
Freedom or Safety?– Which is more important? Why?
How does the Criminal Justice System balance these two concepts?
What are the effects of this balance on the role Law Enforcement plays as one component of the CJS?
Definition of Crime
Crime – Conduct or behavior in violation of the laws of the
federal government, a state, or a local jurisdiction for which there is no legally acceptable justification or excuse
CA Penal Code § 15– …for which you can be punished
Individual Rights
Guaranteed to all members of American society by US Constitution
Bill of Rights – first 10 Amendments
Especially important to criminal defendants facing formal processing
– Examples?
USA Patriot Act (2001)
Enacted in response to terrorist attacks on the World Trade Center and the Pentagon (9-11-01)
Broadens investigative authority of Law Enforcement Agencies
Applicable to many other crimes besides just terrorism
Need for Balance
Individual Rights– Defendants– Victims– Victims’ families
Public Order– Safety & protection from crime/criminals– Peaceful existence for all
Advocates
Individual-Rights Advocate– One who seeks to protect personal rights and
freedoms within the criminal justice process
Public-Order Advocate– One who suggests that under certain
circumstances of criminal threat, societal interests overshadow individual rights
What is Justice?
Justice– The principle of fairness and the ideal of moral
equity
Social Justice– An ideal embracing all aspects of civilized life– Cultural beliefs regarding Right vs. Wrong,
Fairness, etc.
Civil vs. Criminal Justice
Civil Justice– Private rights and remedies sought by civil action– Closely tied to Social Justice and basic beliefs of
right and wrong
Criminal Justice– Enforcement of penal (punitive) law– Closely tied to Social Justice and basic beliefs of
Right and Wrong
Administration of Justice
Performance of any of the following activities for an accused or convicted person…
– Investigation & Apprehension– Detention– Pre-Trial Release– Post-Trial Release– Prosecution– Adjudication– Correctional Supervision– Rehabilitation
Criminal Justice System
Three operational components– Law Enforcement– Courts– Corrections
CJS = The combination of all operating, administrative, and technical support agencies that perform criminal justice functions– Refer to chart, page 14
Criminal Justice Perspectives
Consensus Model– Assumes all components of CJS work harmoniously to
achieve Justice as social goal
Conflict Model– Assumes CJS components work independently to serve
own self-interest– Justice seen as result of conflict between agencies rather
than cooperative effort
What do you think?
Criminal Justice ProcessInvestigation and Arrest
Warrant– A writ issued by a court directing a law enforcement officer
to perform a specific task such as search or arrest– Protects officer from damages resulting from serving of the
warrant Other types of Arrest
– On-view– Private-Person/Citizen
Booking– Official recording which identifies the arresting authority,
person, place, time, and reason for arrest
Criminal Justice Process
Probable Cause– A set of facts and circumstances that
would cause a reasonably intelligent, prudent person to believe that a particular person has committed a specific crime
– Must exist in order for law enforcement to make an arrest or conduct a full search
Pretrial Activities
Bail– Money or property pledged to or actually
deposited with the court to effect the release of a person from legal custody
Release on Own Recognizance (O.R.)– Being released upon one’s promise to appear in
court at a future date
Arraignment
Arraignment - A hearing before the court of jurisdiction in a criminal case– Establish identity of defendant– Defendant is informed of charges and rights– Defendant required to enter plea
Guilty Not Guilty No Contest
– Must take place within 48 hours
Criminal Justice Process
Preliminary Hearing– A proceeding before a judicial officer to
determine…1. Whether or not a crime was committed
2. Whether the crime occurred within the court’s jurisdiction
3. Whether there are reasonable grounds to believe the defendant committed the crime
Information vs. Indictment
Information– Formal written accusation submitted by a
Prosecutor alleging that a specified person has committed a specified offense
Indictment– Formal written accusation submitted by a Grand
Jury alleging that a specified person has committed a specified offense (usually a felony)
Grand Jury
Who are they and what do they do?– A group of jurors selected according to law– Sworn to hear evidence and determine if it is
sufficient to bring the accused to trial– Generally investigate criminal activity– May investigate conduct of public agencies or
officials
Prosecution & Adjudication
Prosecution – Efforts by the District Attorney to prove guilt
beyond a reasonable doubt
Adjudication – Trial process = examination of issues of fact
and law in a court trial proceeding – Purpose is to reach a decision for conviction
or acquittal of accused
Sentencing
Consecutive Sentences– Two or more sentences for more than one offense to be
served in sequence– May be a new sentence added on for someone already
incarcerated which increases their time in confinement
Concurrent Sentences– Two or more sentences imposed upon conviction for more
than one offense to be served at the same time
Probation and Parole
Probation– Suspended Sentence– Mandatory supervision during probationary term– Violation may result in original sentence
Parole– After release from prison while readjusting to
return to society– Violation may result in return to prison
Due Process and Individual Rights
Due Process = Protections of individual rights guaranteed by the Constitution…
– 4th Amendment Search and seizure
– 5th Amendment Self-incrimination, double jeopardy
– 6th Amendment Legal counsel, informed of charges, speedy trial, impartial jury, confront/obtain
witnesses
– 8th Amendment No excessive bail/fines
– 14th Amendment All states must apply due process and equal protection of the laws
Crime ControlThrough Due Process
Crime-Control Model– Emphasizes the efficient arrest and conviction of criminal
offenders
Due-Process Model– Emphasizes the rights of the individual at all stages of
processing throughout justice system
Social Control– Use of sanctions and rewards to modify behavior – Contributes to formation of criminal and civil statutes
Criminal Justice Research
Criminology– Scientific study of causes and prevention of
crime, punishment and rehabilition of offenders
How does this differ from Criminal Justice?
Multiculturalism and Diversity
Multiculturalism– Existence within society of diverse groups that
maintain unique cultural identities, customs, norms, values, and behaviors
What potential impact does this have on Law Enforcement and the Criminal Justice System as a whole?