Chapter 1: Criminal Justice Today

What is Crime? Crime: Violates criminal law Is punishable by criminal sanctions

Learning Objective 1 Describe the two most common models of how society determines which acts are criminal

Determining Criminal Behavior Consensus Model: Society, though diverse, shares the same moral value system Crimes violate this value system and are deemed harmful to society Conflict Model: Society is diverse and constantly engaged in a power struggle Dominant groups in society codify their values into law

Learning Objective 2 Define crime

An Integrated Definition of Crime Punishable under criminal law as defined by the majority or a powerful minority Considered an offense against society as a whole and prosecuted by public officials Punished by statutorily determined sanctions such as fines, loss of liberty or life

Thinking Point Discuss whether the following actions should be considered crimes: Exchanging money for sex between two consenting adults Taking a candy bar from a store without paying for it Public drunkenness An employee taking a ballpoint pen home from the office for personal use Texting while driving Notes for the Professor about this exercise: the purpose is to get students to explore their own perceptions about the definition of crimes and explore the moral/political issues underlying crime definitions…You should list these behaviors and ask class to immediately vote on each one (should/should not be a crime). Discuss each after the tally has been recorded. Exchanging money for sex: when pressed to justify the criminalization of this behavior, some may initially say it is immoral. This raises the question of whether the law should reflect morality, and moreover, whose morality? And not all moral behavior is illegal (lying, except in certain circumstances). Others might say it should be criminalized due to associated harms (STDs, HIV, drug use, etc.). But in some places it is legal (Nevada) and this hasn’t been the case. There are also many other behaviors that can result in associated harms, but are legal – drinking, smoking, having sex without the exchange of money (one night stands even)….If few students say it should be criminal, press them for why it is a crime then – if the majority in the classroom don’t think it should be. Why haven’t they contacted their congressman to change the law? The point is that there is no significant political constituency to legalize prostitution. If they tried, their political career would be over. Highlights the role of politics and morality in crime definitions. Taking a candy bar from a store without paying for it AND an employee taking a ballpoint pen home from the office for personal use: typically, students will be unanimous in characterizing the candy bar scenario as a criminal act but few students will define the ball point pen scenario in the same manner. But they are virtually identical situations – taking an object of modest value belonging to someone else for personal use without the owner’s permission (theft). Students will try to distinguish the situations by saying people take pens from the office inadvertently or that people return pens to their offices after using them at home. But these distinctions change the factual situation as given. Other rationalizations include the idea that (1) businesses expect employees to take pens or that (2) pens are of modest value. Effective counter arguments are (1) convenience stores expect to be robbed, but that doesn’t make robberies acceptable and (2) the aggregate value of a loss of employee pens to large corporations may represent huge costs that are passed to customers in higher prices for products. Furthermore, where does one draw the line on what is acceptable for employees to take? A box of envelopes? A computer? These two examples lead students to confront the question “Who is criminal?” Many students, who have probably taken a pen that doesn’t belong to them, can’t think of themselves as having committed theft. Yet when passing judgment on something that other people do, such as taking an item from a convenience store, it is easier to label “those people” as criminal. Public drunkenness: Some will say this should be a crime – but the challenge for them is why? What harm caused by public drunkenness is not already covered by another criminal statute? If students say it is to protect drunken people from themselves, then, why not criminalize other behaviors that could cause us harm (drinking, smoking, driving, etc.). And if we follow their logic, is it better to “criminalize” behaviors if we are trying to protect individuals? (same argument could be made for suicide)… This example is useful for illustrating the existence of laws that give police broad discretion to maintain order and to protect the sensibilities of society’s dominant class. Who is more likely to be arrested for public drunkenness – a homeless person lying by the doorway to an expensive restaurant or a man in a tuxedo stumbling out of the same restaurant? Texting while driving: Gets at influence of “common sense” in creating laws…texting while driving is dangerous, the idea behind the criminalization of this act…but it isn’t the most dangerous distraction when behind the wheel – it’s eating. So why not ban eating? Why not ban talking? Or driving without adequate sleep? Or driving when you have a cold? This is an example of a law with no scientific backing to the claims…

Goals of the Criminal Justice System To provide and maintain justice To prevent crime To control crime through punishment and rehabilitation Support crime victims

Structure of the Criminal Justice System Reflects Ideals of Federalism: Form of government in which a written constitution provides for a division of powers between a central government and several regional governments Three Main Institutions: Law enforcement Courts Corrections

Learning Objective 3 Outline the three levels of law enforcement

The Structure of the Criminal Justice System Local and county Responsible for the “nuts and bolts” of law enforcement State Includes “state police” and “highway patrols” Federal Operates throughout the U.S.

Thinking Point On January 8, 2011, Rep. Gabrielle Giffords and 18 others were shot during an open constituent meeting. Within the first hour, more than 75 fire, law enforcement, and EMS personnel were on scene; within the next few hours – well over 200. Throughout the investigation, multiple law enforcement agencies were involved including the Pima County Sheriff’s Department, the Tucson Police Department, the Arizona Department of Public Safety, the Federal Bureau of Investigation, and the U.S. Capitol Police. What are some of the benefits and challenges in having multiple law enforcement agencies investigate a crime? Can you think of any potential remedies to address these challenges?

Court Structure Dual court system: Federal Federal criminal law violations includes: District courts Circuit courts of appeals U.S. Supreme Court State State criminal law violations includes: Trial courts Intermediate courts of appeals State supreme court

Learning Objective 4 List the essential elements of the corrections system

The Structure of the Criminal Justice System Probation Serves sentence in community under supervision of a probation officer Community-based corrections Examples: Halfway houses, residential centers, work-release programs Incarceration Serves time behind bars in jail or prison

Learning Objective 5 Explain the difference between the formal and informal criminal justice processes

The Criminal Justice Process Criminal justice as a “system” An orderly progression of events through a process comprised of agencies working together Herbert Packer compared the idealized criminal justice process to an assembly line

Formal v. Informal Criminal Justice Each step in the assembly line is the result of a series of decisions made by CJS authorities Decisions made within the rigid confines of formal rules and laws reflect a formal criminal justice system Decisions based on personal judgment produces an informal criminal justice system

Learning Objective 6 Define ethics and describe the role that they play in discretionary decision making

The Importance of Ethics The moral principles that guide individual perceptions of “right” and “wrong" Closely related to the concept of justice Influences discretionary decisions made by criminal justice actors Make choices based on societal norms

Learning Objective 7 Contrast the crime control and due process models

Values of the Criminal Justice System Model Goal Value Process Major decision point Basis of decision Due process Preserve individual liberties Reliability Adversarial Courtroom Law Crime control Repress crime Efficiency Administrative Police/Pretrial processes Discretion

Thinking Point The New York City Police Department recently implemented a “stop, question, and frisk” strategy in which officers seek to reduce crime in an area by stopping and searching individuals they consider suspicious. This approach has led to nearly 700,000 stops in 2011 alone. Proponents argue that this strategy has led to a decrease in crime rates. Critics argue that it unfairly targets black and Hispanic young men. Currently, There is a class action lawsuit filed by people who have been stopped and the Justice Department might investigate the city police department for targeting minorities. Does this strategy reflect elements of the Due Process Model, the Crime Control Model or both? Elaborate. What do you thin should be the outcome of the lawsuit? Is it fair for the Justice Department to step in and investigate the NYPD?

Learning Objective 8 List the major issues in criminal justice today

Criminal Justice Today Crime Gangs Guns Illegal drugs Punishment The prison population The economics of incarceration Homeland security and civil liberties The Patriot Act Technology: Fighting and fueling crime DNA Social media