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CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 What is Criminal Justice? CHAPTER 1
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CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
What is Criminal Justice?
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1
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Criminal Justice:
… in its broadest sense, the aspects of social justice that concern violations of the criminal law …
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Criminal Justice:
… the study of criminal justice also includes the following viewpoints:
• individual rights• public order
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
What is the Definition of
Crime?
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Crime:
… conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally accepted justification or excuse.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
American History
• 1850 - 1880: social upheaval caused by immigration.
• 1960s-1970s: rights of ethnic, racial minorities, women, war protests.
A Brief Overview of Social Phenomena 1850 - Present
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
American History
• The 1980s saw a dramatic increase in sale and use of illicit drugs.
• The 1990s saw violent encounters among citizens and law enforcement agents.
A Brief Overview of Social Phenomena 1850 - Present
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
American History
• The year 2000 saw an emphasison responsibility andpunishment of offenders.
• Terrorism on American soil is of central concern today.
A Brief Overview of Social Phenomena 1850 - Present
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
What is Justice?
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Justice:
… principle of fairness,the ideal of moral equity.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Social Justice:
• Civil Justice
• Criminal Justice
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Civil Justice:
…deals with fairness in relationships between citizens, government agencies, and business in private matters.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Criminal Justice:
…concern for violations of the criminal law.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The Theme of this Book
Individual Rights vs. Public Order
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
and
Individual Freedom vs. Public Safety
The Theme of this Book
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Individual Rights Advocates:
…seek to protect personal freedoms within the process of criminal justice.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Public Order Advocates:
…suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• Law Enforcement
• Courts
• Corrections
American Criminal Justice: The System
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
This model assumes cooperation between all components of the system towards a common goal.
American Criminal Justice: The Consensus
Model
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
All components of the criminal justice system are self-serving and compete for limited resources.
American Criminal Justice: The Conflict
Model
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
American Criminal Justice: Criminal Case
Processing
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
proactive law enforcement
vs.
reactive law enforcement
Police: Investigation and Arrest
Police become aware of a violation of law.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The police, usually during routine patrol, observe a suspicious situation or a crime in progress.
Types of Police Responses: Proactive
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
Types of Police Responses: Reactive
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Arrest:
…the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense…
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Arrest:
…or a delinquent act or status offense terminating with the recording of a specific offense.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Miranda v. Arizona (1966)
• 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?
After the warnings have been given, the following questions should be asked.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
At time of booking, the accused’s name, address, time and place of arrest, and charges are entered into the police log.
Fingerprints and photos can also be taken.
Booking
An administrative process officially recording an entry into detention after arrest.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• Usually occurs within 24 hours of arrest.
• Charges against the suspect are read.
• Accused is advised of his/her rights.
First Appearance
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• An attorney is appointed if the accused is indigent.
• An opportunity for bail may be provided.
First Appearance
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
to ensure that the accused appears in court for trial
Bail
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime.
Preliminary Hearing: Grand Jury
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Probable Cause:
…a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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.
Preliminary Hearing: Grand Jury
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
1. Whether a crime was committed. 2. Whether the crime occurred
within the territorial jurisdiction of the court.
3. Whether there are reasonable grounds to believe that the defendant committed the crime.
Preliminary Hearing
A proceeding before a judicial officer in which three matters must be decided:
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• It takes place after a preliminary hearing or indictment.
• Charges are read.
Arraignment
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• 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.
Arraignment
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Arraignment:
…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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Arraignment:
…in some instances, it also means any appearance in court prior to trial in criminal proceedings.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
If the defendant enters a plea of “ not guilty” at the arraignment, the proceedings will move forward to the trial phase.
Trial
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime.
Trial
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
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).
Trial
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• Fine • Probation• Prison• Community Corrections
Sentencing
Once convicted, judge imposes punishment in the form of:
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Sentences can be served:
consecutively - one after another
concurrently - served at the same time
Sentencing
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections:
…a component of the criminal justice system in which the offender serves the sentence imposed.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections
• probation
• prison
• community corrections
• parole
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Due Process:
…asserts that fundamental principles of justice must be guaranteed in any criminal proceeding, and that the administration of the law in a criminal case must not violate individual rights.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Due Process:
…a right guaranteed by the 4th, 5th, 6th, and 14th Amendments to 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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
ConstitutionalAmendments
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The 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….”
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The 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.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The Fifth Amendment
• bar against double jeopardy
• privilege against forced self-incrimination
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The 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
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The 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
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The Eighth Amendment
It prohibits cruel and unusual punishment.
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
The Limits of Criminal Sanctions, 1968
by Herbert Packer
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
“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)
Crime Control Model
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
To protect the innocent:“each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process.” (Packer)
Due Process Model
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• assembly line justice
• focus on system efficiency
Crime Control Model
CRIMINAL JUSTICEA Brief Introduction, 5/Eby Frank Schmalleger
©2004 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
• obstacle course justice
• focus on individual rights
Due Process Model
