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© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Introduction to Administration of Justice
Chapter 1What is Criminal Justice?
Scott Moller, JD
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER OBJECTIVES1.Summarize the history of crime in America and corresponding
changes in the American criminal justice system
2.Compare public-order (crime-control) and individual-rights (due-process) perspectives; consider how the criminal justice system balances the two perspectives
3.Relate criminal justice to general concepts of equity and fairness
4.Explain the structure of the American criminal justice system in terms of its three major components and their respective functions.
5.Describe the stages of the American criminal justice process
6.Define due process of law and locate due process guarantees in the American legal system
7.Describe the role of evidence-based practice in criminal justice
8.Explain how multiculturalism and diversity present both challenges and opportunities for the American system of criminal justice
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.1
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
Summarize the history of crime in America and corresponding changes in the American criminal justice system.
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
“Get Tough on Crime”
era
Public perception of crime rates
up, offenders unpunished
Sale and use of illicit
drugs
Increased crime
“War on Drugs”
The Civil Rights
Movement
Murder, rape, & assault major
increases
Concern for
disabled
1990s
US History of Crime: 1850-1990s1.1
1980s1960-1970
1920-1933
1850-1880
Civil War
Widespread immigration
Crime epidemic
Prohibition
Organized crime
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Epidemic of mass
shootings and
random violence sweeps public venues
across US
2011FBI most-wanted terrorist
Osama Bin Laden
killed by US special forces in Pakistan
2009Bernard
Madoff ran largest Ponzi
scheme in history$50B
150 yrs in prison
2012-14
US History of Crime: 1992-20141.1
2011200920011992
Rodney King video
1995 OK City Fed
Bldg bombing
1999 Columbine massacre
9/11/2001More
global, pro-activePATRIOT
Act increases
police authority
to investigate
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.2
Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice and consider how the criminal justice system balances the two perspectives.
Individual Rights v. Public Order
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1.2
Individual Rights
Public Order
Individual Rights vs. Public Order
Individual-Rights
AdvocatesMost concerned with protecting personal freedoms within the
process of criminal justice
Public-Order Advocates
Believe that society’s interest in public safety should take precedence
over individual rights
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Changing Public Views of Rights vs. Order
8
• 1960s and 1970s: known as the civil rights era– Strong emphasis on individual rights– Guaranteed the rights of defendants and attempted
to understand the causes of crime and violence• Today, we have shifted 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• Chelsea’s Law increases penalties, parole provisions,
and oversight for child sex offenders• Link to elements of Chelsea’s Law• Example of new focus on victim
rights, deterrence, retribution
1.2
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.3Explain the relationship of criminal justice to general concepts of equity and fairness.
Learning Objectives, continuedAfter this lecture, you should be able to complete the following Learning Outcomes
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Criminal Justice and Basic Fairness1.3
10
• 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
Social Justice
Civil Justice
Criminal Justice
• Civil justice– A component of social justice concerned with fairness in
relationships between citizens, government agencies, and businesses in private matters
• Criminal justice– Aspects of social justice that concern violations of the criminal
law
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.4Describe the American criminal justice system in terms of its three major components and their respective functions.
Learning Objectives, continuedAfter this lecture, you should be able to complete the following Learning Outcomes
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.4Figure 1-3
Core Components of the US Criminal Justice System
1. Police2. Courts3. Corrections
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1.4
Consensus Model
Various parts of the justice system
cooperate to achieve the social product of
justice
Conflict ModelComponents of the
justice system function to serve their own
interests; justice results from conflict rather than
cooperation
vs.
13
Criminal Justice System Structure
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1.5Describe the process of Americancriminal justice, including the stagesof criminal case processing.
Learning Objectives, continuedAfter this lecture, you should be able to complete the following Learning Outcomes
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
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
Before custodial interrogation, police must advise target of Miranda rights.
1.5
Investigation and Arrest
15
Stages of Case Processing
Investigation:
Evidence collected,
reconstruction of criminal
event
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1.5
Miranda Warnings
16
Stages of Case Processing
• This is a result of the Miranda v. Arizona (1966) case
• Miranda warnings are read when a suspect is taken into custody (arrest), before any interrogation may occur
• If police violate the rules of Miranda, any statements taken will be suppressed
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Miranda Warnings1.5
17
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Arraignment Trial CorrectionsSentencing
18
Information/Indictment
InitialAppearanceBooking Preliminary
Hearing
What happens after arrest?
1.5 Criminal Justice Process
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1.5 Criminal Justice ProcessBooking – A law enforcement or correctional administrative process of officially recording an entry into detention after arrest
Initial (First) Appearance – Defendant is:• Formally notified of charges• Advised of rights• Given the opportunity to retain a lawyer or have one
appointed• Typically afforded the opportunity for bail
Preliminary Hearing - Occurs before a judicial officer. The state must show a plausible account that defendant committed a felony in this jurisdiction. The defense may evaluate and challenge the state’s case.
Information – A formal written accusation submitted to a court by a prosecutor, following a successful “prelim.” (bindover)
Indictment – A formal written accusation submitted to the court by a grand jury, alleging that defendant has committed a crime, usually a felony
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1.5 Criminal Justice ProcessArraignment - 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 asked to enter a
plea
Trial – Examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal
Sentencing – After conviction, the trial judge will sentence the defendant; options may range from fines to the death penalty. Both sides are free to argue, with relaxed evidentiary rules, and the defendant has a right of allocution (right to speak to the court).
Corrections – Carries out the sentence imposed by the court, whether supervision (probation/parole), fines, restitution, imprisonment
Reentry – Following corrections, an offender may be returned to society
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1.6Define due process of law, includingwhere the American legal systemguarantees due process.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
Due process means procedural fairness and generally includes:• A written law creating and defining the offense and penalties• An impartial tribunal with jurisdictional authority over the case• Accusation in proper form with notice and opportunity to
defend• Trial according to established procedure• Discharge from restraints and obligations unless convicted
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1.6Herbert L. Packer identified two models in 1968: 1. Crime Control Model2. Due Process Model
Crime Control• Emphasizes efficient
arrest and conviction of offenders
• “Assembly line” justice, focused on cooperation and efficiency
• Interests of community are favored over individual rights
Due Process• Emphasizes individual
rights
• “Obstacle course” justice, focused on law enforcement following rules, protecting defendants’ rights
• Society would rather guilty person go free than convict innocent person
Crime Control and Due Process
While these are often assumed to be opposing goals, the ultimate goal is crime control through due process.
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Fifth Amendment to the US ConstitutionRights in criminal cases
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Finding Due Process Guarantees in US LawDue process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
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Sixth Amendment to the US ConstitutionRights to a fair trial
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
Finding Due Process Guarantees in US Law
Due process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Fourteenth Amendment to the US Constitution, Section 1: Due Process
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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 to any person within its jurisdiction the equal protection of the laws.
Where are they found in US law?
Finding Due Process Guarantees in US Law
Due process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
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The Role of the Courts in Defining Rights1.6
26
• Rights are open to interpretation• Many criminal justice standards were set in the 1960s by the
Warren Court– Example: Gideon v. Wainwright (1963) – The Sixth
Amendment guarantees a right to counsel– In Gideon, the Court interpreted that to include free,
court-appointed counsel for those unable to afford counsel
Warren Court (1953-1969)
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The Ultimate Goal: Crime Control through Due Process1.6
27
• 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
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.7Describe the role of evidence-basedpractice in contemporary criminaljustice.
Learning Objectives, continuedAfter this lecture, you should be able to complete the following Learning Outcomes
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Crime-fighting
strategiesSocial
science researc
h
Scientifically tested
1.7
What are evidence-based practices?
29
Evidence-Based Practices
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
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
The Academic Study of Criminal Justice1.7
30
• The academic study of criminal justice began in the late 1920s, when August Vollmer persuaded the University of California to offer courses
• Early criminal justice education was practice-oriented
• Primarily focused on applying general management principles to the administration of police agencies to increase organizational effectiveness
August VollmerBerkeley Chief of
Police“Father of American
Policing”The Police & Modern
Society (1936)
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The Start of Academic Criminal Justice1.7
31
• By the 1960s, students began to apply the techniques of social science research– Sociology– Psychology– Political science
Criminology
Criminology– The scientific study of the causes and prevention of
crime and the rehabilitation and punishment of offenders
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
1.8Explain how multiculturalism anddiversity present challenges to andopportunities for the American systemof criminal justice.
Learning Objectives, continuedAfter this lecture, you should be able to complete the following Learning Outcomes
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Multiculturalism and Diversity in Criminal Justice1.8
33
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 systemsDiversity – Varying values, perspectives, and behaviors characteristic of groups within society; these can have a significant impact on the justice system
Challenges for criminal justice:• Confusion between police and non-English-speaking persons• Disagreement over legal concepts of right/wrong/justice• Immigrants may distrust police, may be unwilling to report crime
Opportunities for criminal justice:• US culture can learn from other cultures• Diversity in hiring can connect communities
© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
The criminal justice system strives to treat all fairly and equally.
The system balances the needs for public order and individual rights.
The system consists of 3 major components: police, courts, & corrections.
The system is dynamic and reacts to changes in crime patterns.
A criminal case proceeds through a defined set of stages.
CHAPTER SUMMARY
1.1
1.2
1.3
1.4
1.5
Due process is found in the Constitution, defined by the Supreme Court.
The system can be analyzed through evidence-based examination.
Diversity & multiculturalism present both challenges and opportunities .
1.6
1.7
1.8