Criminal Justice - Columbia Southern University · Criminal Justice: A Brief Introduction, 11e...

Criminal JusticeA Brief Introduction

CHAPTER

Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved

Criminal Justice: A Brief Introduction, 11eFrank Schmalleger

ELEVENTH EDITION

What is Criminal Justice?

1



A Brief History of Crime in America

• 1850-1880

Civil War, widespread immigration, crime epidemic

• 1920-1933

Prohibition, organized crime

• 1960-1970

The civil rights movement

continued on next slide




• 1980s

Sale and use of illicit drugs, President Reagan declared a "war on drugs

• 1990s

"Get tough on crime" era

• 2001

USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies





• 2011

FBI most-wanted terrorist Osama Bin Laden killed by U.S. special operations forces in Pakistan

• 2012-2014

Epidemic of mass shootings and random violence sweeps public venues across the U.S.



FIGURE 1–2 The Theme of This BookNote: Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.



Individual Rights vs. Public Order

Individual-Rights Advocates

• Seek to protect personal freedoms within the process of criminal justice

Public-Order Advocates

• Believe that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights




• 1960s and 1970s

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.



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




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



FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions



Criminal Justice System Structure

Consensus Model

• Various parts of the justice system work together to achieve the social product of justice

Conflict Model

• Components of the justice system function to serve their own interests; justice results from conflict rather than cooperation



Stages of Case Processing

• Investigation

Evidence collected, reconstruction of criminal event

• 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





• 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

• Preliminary Hearing

Occurs before a judicial officer; allows the defense to assess the strength of the prosecution's case





• Information/ Indictment

A formal written accusation submitted to a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s)





• Arraignment

Hearing before the court having jurisdiction in a criminal case in which:

• The identity of the defendant is established

• Said defendant is informed of the charges against him/her

• The defendant is informed of his/her rights and requested to enter a plea





• Adjudication

Examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal

• Sentencing

A number of difference sentencing options exist, from fines to the death penalty





• Corrections

The sentence is carried out

• Reentry

Following corrections, an offender may be returned to the community.



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.



Due Process and Individual Rights

• Due process

Right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution

Bill of Rights

Standard was set in the 1960s by the Warren Court.



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




• 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



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



The Start of Academic Criminal Justice

• Began in the late 1920s

• Early criminal justice education was practice oriented.

• Primarily focused on the application of general management principles to the administration of police agencies

• Organizational effectiveness



The Start of Academic Criminal Justice

• By the 1960s, students began to apply the techniques of social science research.

Criminology

Sociology

Psychology

Political science



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

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