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Criminal Justice A Brief Introduction

CHAPTER

Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved

Criminal Justice: A Brief Introduction, 11e Frank Schmalleger

ELEVENTH EDITION

What is Criminal Justice?

1



A Brief History of Crime in America

•  1850-1880 § Civil War, widespread immigration,

crime epidemic •  1920-1933

§  Prohibition, organized crime •  1960-1970

§  The civil rights movement

continued on next slide




•  1980s §  Sale and use of illicit drugs, President

Reagan declared a "war on drugs •  1990s

§  "Get tough on crime" era •  2001

§ USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies





•  2011 §  FBI most-wanted terrorist Osama Bin

Laden killed by U.S. special operations forces in Pakistan

•  2012-2014 §  Epidemic of mass shootings and random

violence sweeps public venues across the U.S.



FIGURE 1–2 The Theme of This Book Note: Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.



Individual Rights vs. Public Order Individual-Rights

Advocates •  Seek to protect

personal freedoms within the process of criminal justice

Public-Order Advocates

•  Believe that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights



Individual Rights vs. 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



Individual Rights vs. Public Order

•  Today, we have a shift away from the offender as victim and now see the offender as a dangerous social predator.



Criminal Justice and 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




Criminal Justice and 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



FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions



Criminal Justice System Structure

Consensus Model •  Various parts of the

justice system work together to achieve the social product of justice

Conflict Model •  Components of the

justice system function to serve their own interests; justice results from conflict rather than cooperation



Stages of Case Processing

•  Investigation §  Evidence collected, reconstruction of

criminal event •  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





•  First Appearance §  Formally notified of the charges, advised

of their rights, given the opportunity to retain a lawyer or have one appointed to represent them

•  Preliminary Hearing § Occurs before a judicial officer; allows

the defense to assess the strength of the prosecution's case





•  Information/ Indictment §  A formal written accusation submitted to

a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s)





•  Arraignment § Hearing before the court having

jurisdiction in a criminal case in which: •  The identity of the defendant is established • Said defendant is informed of the charges against him/her •  The defendant is informed of his/her rights and requested to enter a plea





•  Adjudication §  Examination of the issues of fact and

law for the purpose of reaching a judgment of conviction or acquittal

•  Sentencing §  A number of difference sentencing

options exist, from fines to the death penalty





•  Corrections §  The sentence is carried out

•  Reentry §  Following corrections, an offender may

be returned to the community.



The Ultimate Goal: Crime Control through Due Process

•  Crime-control model §  Emphasizes the efficient arrest and

convictions of offenders •  Due process model

§  Emphasizes individual rights at all stages of the justice system processing

•  These are often assumed to be opposing goals.



Due Process and Individual Rights

•  Due process § 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.



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




•  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



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



The Start of Academic Criminal Justice

•  Began in the late 1920s •  Early criminal justice education was

practice oriented. •  Primarily focused on the application of

general management principles to the administration of police agencies

•  Organizational effectiveness



The Start of Academic Criminal Justice

•  By the 1960s, students began to apply the techniques of social science research. § Criminology §  Sociology §  Psychology §  Political science



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

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