ADMJ2 Ch 1 - Introduction to Administration of Justice

© 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

http://www.mpc.edu/



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


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.


“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


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


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

© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved7

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


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

http://www.chelseaslight.org/elements/

http://www.chelseaslight.org/elements/


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


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


1.4Describe the American criminal justice system in terms of its three major components and their respective functions.




1.4Figure 1-3

Core Components of the US Criminal Justice System

1. Police2. Courts3. Corrections


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


1.5Describe the process of Americancriminal justice, including the stagesof criminal case processing.



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


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


Miranda Warnings1.5

17


Arraignment Trial CorrectionsSentencing

18

Information/Indictment

InitialAppearanceBooking Preliminary

Hearing

What happens after arrest?

1.5 Criminal Justice Process


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


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


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


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.


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


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


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


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)


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


1.7Describe the role of evidence-basedpractice in contemporary criminaljustice.



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


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)


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


1.8Explain how multiculturalism anddiversity present challenges to andopportunities for the American systemof criminal justice.



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



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

ADMJ2 Ch 1 - Introduction to Administration of Justice

Education

Transcript of ADMJ2 Ch 1 - Introduction to Administration of Justice