Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Pearson Education, Inc.

Criminal Justice:A Brief Introduction

Ninth Edition

By Frank Schmalleger

Pearson Education, Inc.

Criminal Justice:A Brief Introduction

Ninth Edition

By Frank Schmalleger

Pearson Education, Inc.

Chapter 1

What Is Criminal Justice?

Copyright © 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458 • All rights reserved

3Criminal Justice: A Brief Introduction, 9/eFrank Schmalleger

A Brief History of Crime in America

• 1850 – 1880– Crime epidemic

• Related to social upheaval caused by immigration and the Civil War

• Prohibition years– Widespread organized criminal activity

• 1960s and 1970s– Concern for rights of ethnic and racial minorities, women,

people with physical and mental challenges• By the 1980s, civil rights affected the criminal justice

system


4


• Mid-1980s– Increase in sale and use of illicit drugs

• Mid-1990s– Bombing of the Alfred P. Murrah Federal Building

and Columbine High School massacre– Emphasis on individual accountability

• September 11, 2001– Law enforcement involves a global effort at

controlling crime

Criminal Justice: A Brief Introduction, 9/eFrank Schmalleger


5


• 2002 and 2003

– Corporate crime and white-collar crime

– Sarbanes-Oxley Act (2002)• Intended to deter corporate fraud and hold business

executives accountable



6

The Theme of This Book

• Individual rights versus public order• 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

• Late-2010, Chelsea’s Law passed the CA senate



7

The Theme of This Book

• Individual-rights advocate– One who seeks to protect personal freedoms within

the process of criminal justice

• Public-order advocate– One who believes that under certain circumstances

involving a criminal threat to public safety, the interests of society should take precedence over individual rights



8

Criminal Justice & 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



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Criminal Justice & 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



10

American Criminal Justice: System and Functions

• Consensus model– Assumes that the system’s components work together

harmoniously to achieve justice

• Conflict model– Assumes that the system’s components function

primarily to serve their own interests



11

Due Process and Individual Rights

• Due process

– A 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



12

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

– Court’s interpretation of the Sixth Amendment



13

The Ultimate Goal: Crime Control through Due Process

• Crime-control model– A criminal justice perspective that emphasizes the

efficient arrest and convictions of offenders

• Due process model– A criminal justice perspective that emphasizes

individual rights at all stages of the justice system processing

• Often assumed to be opposing goals



14

The Ultimate Goal: Crime Control through Due Process

• Crime control through due process– A system of social control that is fair to those whom

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



15

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



16

The Start of Academic Criminal Justice

• Began in the late 1920s• August Vollmer persuaded the University of

California to offer courses• Early criminal justice education was practice

oriented• Primarily focused on the application of general

management principles to the administration of police agencies

• Organizational effectiveness



17

The Start of Academic Criminal Justice

• By the 1960s, students began to apply the techniques of social science research– Criminology, sociology, psychology, and political

science

• Criminology– The scientific study of the causes and prevention of

crime and the rehabilitation and punishment of offenders



18

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

– Is one form of diversity


Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Pearson Education, Inc.

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