CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc....

CRIMINAL JUSTICEA Brief Introduction, 6/Eby Frank Schmalleger

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Chapter 1What Is Criminal Justice?



Learning Objectives

• Highlight the differences between the individual rights and public-order perspectives

• Explain society’s need for a system of order maintenance and the role of law

• Describe the personal sacrifices necessitated by social order and public safety

• Explain the notions of equity, fairness, and social justice



Learning Objectives

• Explain the structure and process of the American criminal justice system

• Describe the differences between the consensus and conflict models

• Explain the meaning of due process of law

• Explain multiculturism and diversity as it relates to criminal justice



Goals of the Criminal Justice System

• Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused:

– Justice for the individual

– Personal liberty

– Dignity as a human being

– The right to due process



Goals of the Criminal Justice System

• Public Order: Individual rights must be effectively balanced against these community concerns:

– Social justice

– Equality before the law

– The protection of society

– Freedom from fear



What Is Crime?

• Crime is:

• Example: Child molestation and Michael Jackson

– Library Extra 1-1

• Web Extras 1-1 and 1-2

• Hear author discuss the chapter

conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse



A Brief History of Crime in America

• Criminal activity has been around since the dawn of history

• Crime Waves– 1850—1880: Large-scale immigration

– 1920s: Prohibition and organized crime

– 1980s: Post Civil Rights Movement

• Reagan’s “War on Drugs”




• 1990s saw a decrease in crime yet had several traumatic crime events

– 1992 Rodney King beating

– 1993 Waco, Texas

– 1999 Columbine School Shooting

– Web Extra 1-3

• Crimes of the Twentieth Century




• Twenty-First Century– September 11, 2001

• Triggered the War on Terrorism• USA Patriot Act of 2001

– Enron corporate crimes triggered a new focus on corporate and white-collar crime

– Library Extra 1-2



The Theme of This Book

• Individual Rights versus Public Order

• Individual rights refers to:The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system.



The Theme of This Book

• Public order refers to:The belief that under certain circumstances involving criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights.



Notions of Justice

• Justice refers to:

• Criminal justice refers to:

The principle of fairness; the ideal of moral equity.

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.



Notions of Justice

• Civil justice refers to:

• Social justice refers to:

The law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action.

An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.



Notions of Justice

• Criminal and civil justice cannot be

separated from social justice because the

kind of justice enacted in our nation’s

criminal and civil courts are a reflection of

basic American understandings of right

and wrong.



American Criminal Justice: System



American Criminal Justice: Functions

• Consensus model refers to:

• Conflict model refers to:

A criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice.

A criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation.



American Criminal Justice: The Process

• Investigation and Arrest

– When a crime occurs it is often reported to the police.

– Evidence is gathered at the scene and a follow-up investigation is made.

– If the offender is not arrested at the scene, then a warrant is needed.

• A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police.

– Web Extra 1-4




• Investigation and Arrest– Booking refers to:

• During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written.

A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority.




• Pretrial Activities– First (Initial) Appearance

• Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance.

• Bail refers to:

• The defendant is also appointed a lawyer if he or she cannot afford one.

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.




• Preliminary Hearing

1. Whether a crime was committed,

2. Whether the crime occurred within the territorial jurisdiction of the court, and

3. Whether there are reasonable grounds to believe that the defendant committed the crime.

• The judge will seek to determine probable cause:1. That a crime has been committed, and

2. That the defendant committed it.

This is a proceeding before a judicial officer in which three matters must be decided:




• Information or Indictment

– In some states, upon the finding of probable

cause at the conclusion of the preliminary

hearing, the prosecutor may seek to continue

the case by filing an information.

• This is a formal written accusation.




• Information or Indictment– Other states require an indictment be returned

by a grand jury.

• Indictment refers to:

• Grand jury refers to:

A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.




• Arraignment– This is 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 and of his or her rights, and the defendant is required to enter a plea.

• Acceptable pleas– Not guilty– Guilty– No contest (nolo contendere)




• Trial Procedures– Adjudication

• Every criminal defendant has a right under the Sixth Amendment to the United States Constitution to a trial by jury, unless for a petty offense.

– Trial refers to:

– Petty offense refers to:

The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.

Offenses for which the maximum period of incarceration is six months or less.




• Sentencing– After a conviction, a judge imposes some form

of punishment.

– Consecutive sentence refers to:

– Concurrent sentence refers to:

One of two or more sentences imposed at the same time and served in sequence with the other sentence.

One of two or more sentences imposed at the same time and served at the same time.




Corrections• Once an offender has been sentenced, the

corrections stage begins.

• If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and treatment programs.




• Probation refers to:

• Parole refers to:

• Web Extra 1-5• Library Extra 1-3

A sentence of imprisonment that is suspended. It is a conditional freedom that requires the person to meet certain conditions of behavior.

The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.



Due Process and Individual Rights

• Due process refers to:

• Due process rights are outlined by the Bill of Rights (the first ten Amendments to the Constitution).

A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights.



Individual Rights Guaranteed by the Bill of Rights

• To be assumed innocent until proven guilty

• Against unreasonable seizure of personal property

• Against self-incrimination

• To a fair questioning by the police

• To protection from physical harm throughout the justice process

• To an attorney

• To trial by jury

• To know the charges

• To cross-examine witnesses

• To speak and present witnesses

• Against double jeopardy

• Against cruel and unusual punishment

• To due process

• To a speedy trial

• Against excessive bail

• Against excessive fines

• To be treated fairly, regardless of group membership



The Role of the Courts in Defining Rights

• Rights are open to interpretation and are often subject to continual refinement.

• New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees.



The Ultimate Goal: Crime Control through Due Process

• Crime control model refers to:

• Due process model refers to:

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.



The Ultimate Goal: Crime Control through Due Process

• Social control refers to:

• Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes.

The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group.



The Role of Research in Criminal Justice

• Criminology refers to:The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders.



Multiculturalism and Diversity in Criminal Justice

• Multiculturalism refers to:

• It is sufficient to recognize that the diverse values, perspectives, and behaviors characteristic of various groups within our society have a significant impact on the justice system.

• Library Extra 1-4

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.

CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc....

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