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Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
ELEVENTH EDITION
What is Criminal Justice?
1
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
A Brief History of Crime in AmericaA 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
A Brief History of Crime in AmericaA Brief History of Crime in America
• 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
A Brief History of Crime in AmericaA Brief History of Crime in America
• 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
FIGURE 1–2 The Theme of This BookNote: Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Individual Rights vs. Public Order 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Individual Rights vs. Public Order 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Individual Rights vs. Public Order 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Criminal Justice and Basic FairnessCriminal 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Criminal Justice and Basic FairnessCriminal 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Criminal Justice System StructureCriminal 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Arrest Act of taking an adult or juvenile into
custody
• Booking Taking pictures, fingerprints, personal
information from suspect
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• 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)
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• 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
continued on next slide
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Corrections The sentence is carried out
• Reentry Following corrections, an offender may
be returned to the community.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Ultimate Goal: Crime Control The Ultimate Goal: Crime Control through Due Processthrough 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Due Process and Individual RightsDue 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Role of the Courts in Defining The Role of the Courts in Defining RightsRights
• 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Ultimate Goal: Crime Control The Ultimate Goal: Crime Control through Due Processthrough Due Process
• 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Ultimate Goal: Crime Control The Ultimate Goal: Crime Control through Due Processthrough Due Process
• Social control The use of sanctions and rewards within
a group to influence and shape the behavior of individual members of that group
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Evidence-Based Practice in Evidence-Based Practice in Criminal JusticeCriminal 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Start of Academic Criminal The Start of Academic Criminal JusticeJustice
• 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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Start of Academic Criminal The Start of Academic Criminal JusticeJustice
• By the 1960s, students began to apply the techniques of social science research. Criminology Sociology Psychology Political science
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Multiculturalism and Diversity Multiculturalism and Diversity in Criminal Justicein 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