Copyright © 2008 Allyn & Bacon Criminal Justice, 4 th Edition by Jay S. Albanese Chapter 1...

Copyright © 2008 Allyn & Bacon

Criminal Justice, 4Criminal Justice, 4thth Edition Edition

by Jay S. Albaneseby Jay S. Albanese

Chapter 1Chapter 1

PerspectivesPerspectivesOn Criminal JusticeOn Criminal Justice

This multimedia product and its contents are protected under copyright law. The This multimedia product and its contents are protected under copyright law. The following are prohibited by law:following are prohibited by law:

any public performance or display, including any public performance or display, including transmission of any image over a network;transmission of any image over a network;

preparation of an derivative work, including the preparation of an derivative work, including the extraction, in whole or in part, of an any images;extraction, in whole or in part, of an any images;

Any rental, lease, or lending of the program.Any rental, lease, or lending of the program.


Perspectives on CrimePerspectives on Crime

There are three different perspectives on crime, There are three different perspectives on crime, which, taken together, shape our, overall societal which, taken together, shape our, overall societal response to crime:response to crime:

Media PortrayalsMedia Portrayals

Public PerceptionPublic Perception

Political PerspectivePolitical Perspective



A variety of media influences affect us dailyA variety of media influences affect us daily News reportingNews reporting Internet NewsInternet News MoviesMovies Crime based television shows Crime based television shows



Competition pushes media to highlight sensational, Competition pushes media to highlight sensational, extreme and dramatic casesextreme and dramatic cases

False perception of a serious crime problemFalse perception of a serious crime problem

Minimal chances of becoming victimized in a very Minimal chances of becoming victimized in a very serious violent wayserious violent way


Public PerceptionPublic Perception

Saturation of exposure to Saturation of exposure to extreme and dramatic extreme and dramatic crime cases influences our belief that we are likely crime cases influences our belief that we are likely to become victims of serious violent crime. to become victims of serious violent crime.

Concern about crime contributes to public Concern about crime contributes to public apprehension and fear and leads to undesirable apprehension and fear and leads to undesirable behavior. behavior.


Political PerspectivePolitical Perspective

Politicians are elected officials who must appear responsive to Politicians are elected officials who must appear responsive to public concernspublic concerns

‘‘Quick fixes’ Quick fixes’ – rapid passage of specific laws designed to – rapid passage of specific laws designed to address specific criminal behavior (I.e., Megan’s Law)address specific criminal behavior (I.e., Megan’s Law)

Crime Commissions – Politically appointed and legislatively Crime Commissions – Politically appointed and legislatively mandated study groups to address complex, large scale mandated study groups to address complex, large scale crime problems (I.e., 1972 Commission on Marijuana and crime problems (I.e., 1972 Commission on Marijuana and Drug Use)Drug Use)


What is Crime?What is Crime?

Crime Crime

form of conduct, form of conduct, prohibited by society,prohibited by society,in order to maintain in order to maintain

social controlsocial control


UniversalityUniversality of Crime of Crime

Emile Durkheim (1895)Emile Durkheim (1895)

Crime is ‘normal’Crime is ‘normal’

Crime occurs in all Crime occurs in all societiessocieties

Crime rates varyCrime rates vary


Functions of CrimeFunctions of Crime

Emile Durkheim (1895)Emile Durkheim (1895) A. Marks boundary between acceptable & unacceptableA. Marks boundary between acceptable & unacceptable B. Communal feeling—moral ties B. Communal feeling—moral ties C. Social solidarity—outrage against the act and actorC. Social solidarity—outrage against the act and actor D. Way to test legal boundaries and accommodate D. Way to test legal boundaries and accommodate

changechange the the collective consciencecollective conscience


What is Criminal Law?What is Criminal Law?

a code a code or set of codes or set of codes

that that categorizes all crimes and categorizes all crimes and

punishments punishments by typeby type


Categories of CrimeCategories of Crime

Violation of law is a crime against societyViolation of law is a crime against society Felony – Felony –

serious crime punishable by serious crime punishable by incarceration for more than one yearincarceration for more than one year

Misdemeanor – Misdemeanor – less serious crimes that are punishable less serious crimes that are punishable

by imprisonment for one year or lessby imprisonment for one year or less


Historical and Political Historical and Political ContextsContexts

Definitions of crime can be viewed as a reflection of Definitions of crime can be viewed as a reflection of societal development and tolerance for a certain behavior. societal development and tolerance for a certain behavior.

CriminalizationCriminalization – the legislative decision to make a – the legislative decision to make a behavior a crime [e.g., prohibition (war on drugs); behavior a crime [e.g., prohibition (war on drugs); McCarthyism]McCarthyism]

Decriminalization Decriminalization – the legislative decision to remove – the legislative decision to remove criminal penalties and change a crime into a non-criminal criminal penalties and change a crime into a non-criminal actact


What is Criminal Justice? What is Criminal Justice?

No criminal justice ‘system’ in the United StatesNo criminal justice ‘system’ in the United States

55,000 55,000 different government agencies in the U.S. different government agencies in the U.S. deal with the management of crime and offendersdeal with the management of crime and offenders

These agencies have no legal obligation to These agencies have no legal obligation to cooperate with each othercooperate with each other

51 separate “51 separate “systems”systems”


Criminal JusticeCriminal Justice

Definition: Definition: The management of The management of

police, courts, and corrections, police, courts, and corrections, and and

the study of the causes of the study of the causes of and treatment for crimeand treatment for crime


Historical dealing w/Criminal Historical dealing w/Criminal JusticeJustice

Violation of law Violation of law People create a governmentPeople create a government Government creates agencies Government creates agencies From shame and repentance of colonial days From shame and repentance of colonial days

to more reliance on legal resourcesto more reliance on legal resources Society sets up agencies to arbitrate criminal Society sets up agencies to arbitrate criminal

matters leading to matters leading to due processdue process


Due processDue process

Protection of rights of the individual from Protection of rights of the individual from arbitrary & unjust treatment by the arbitrary & unjust treatment by the government though the legal systemgovernment though the legal system

Purpose: to achieve accuracy and fairnessPurpose: to achieve accuracy and fairness Does the crime control system actually deter Does the crime control system actually deter

or rehabilitate offenders?or rehabilitate offenders?


Due ProcessDue Process

The use of The use of accuracy, accuracy, fairness, and reliabilityfairness, and reliability in criminal procedure to in criminal procedure to protect individual rights protect individual rights in the United Statesin the United States

Legal protection Legal protection provided for by the provided for by the 55thth AmendmentAmendment

Copyright © 2008 Allyn & Bacon Criminal Justice, 4 th Edition by Jay S. Albanese Chapter 1...

Documents

Transcript of Copyright © 2008 Allyn & Bacon Criminal Justice, 4 th Edition by Jay S. Albanese Chapter 1...