Criminology Lesson 1 Crime in the United States Stankiewicz

“He who profits by a crime commits it” - Seneca (Roman Philosopher) “If you share your friend's crime, you make it your own” – Latin Proverb The real significance of crime is in its being a breach of faith with the community of mankind - Joseph Conrad, Polish writer/statesman

What is Crime? ?????????

Essential Questions and Learning How does the type of crime routinely presented by the media compare with crime routinely committed? How is criminal justice an institution of social control? How does the criminal justice system respond to crime?

Essential Questions and Learning - 2 What are the major costs involved in the criminal justice system? Are there any myths about crime and the criminal justice system that need to be resolved? What are some of the basic definitions and vocabulary associated with the Criminal Justice system?

Criminal Justice: an Institution of Social Control A primary role of institutions of social control is to persuade people, through subtle and not so subtle means, to abide by the dominant rules of society

Criminal Justice: an Institution of Social Control - 2 Subtle Persuasion: Peer pressure, gossip, instructions No So Subtle Persuasion: Expulsion, incarceration …death

Criminal Justice: The System Criminal justice in the US Administered by a loose confederation of federal, state and local governments 50,000 different entities involved Police, courts, and corrections All together referred to as the Criminal Justice system

Criminal Justice: The System - 2 Jurisdiction: a politically defined geographical area City, county, state, nation, overseas Sometimes overlap as in a joint-jurisdiction between Federal and State

Criminal Justice: The System - 3 Criminal Justice Responses to Incidents Misdemeanors Felonies

Misdemeanor A less serious crime generally punishable by a fine or by incarceration in jail of less than one year (364 days)

Felony A serious offense punishable by confinement in prison for more than 1 year All the way to death

How the System Begins An incident (crime is committed) Report or discovered Investigation Arrest Booking Referral to court system

Arrest and Booking Arrest: the seizing and detaining of a person by lawful authority Booking: the administrative recording of the arrest Involves entering name, the charge, and the fingerprints and photograph in the police blotter

Courts and Correction After a suspect is arrested and booked, a prosecutor reviews the facts and evidence to see if case should go forward Prosecutor decides to charge the suspect with crimes of drop the case Stages: pretrial, trial and correction

Pretrial Stages Charges filed Suspect becomes known as “defendant” Defendant brought before a lower court for initial appearance

Initial Appearance Defendant given formal notice of charges Defendant advised of his/her constitutional rights In case of a misdemeanor can have a summary trial In a felony, a hearing is held to determine whether a defendant should be released or whether there is probable cause for a preliminary hearing

Summary Trial An immediate trial without a jury Usually for misdemeanors

Probable Cause A standard of proof that requires evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified

Next Steps If a suspect is to be held for a preliminary hearing, bail is set, if the judge believes release on bail is appropriate Considers whether the defendant is a flee risk or that the crime is so heinous that letting the defendant out of jail is detrimental to society

Bail Usually a monetary guarantee deposited with the court to ensure that defendants will appear at a later stages in the criminal justice process

Preliminary Hearing Used only in felony cases Purpose: Determine whether there is probable cause to believe the defendant committed the alleged crime

Preliminary Hearing - 2 If judge finds there is probable cause Defendant is bound over for possible indictment if state has a grand jury or for arraignment in states that do not have grand juries If indicted the defendant goes to trial If a Grand Jury fails to indict the prosecution must be dropped

Grand Jury About half states have them Grand Jury A group of citizens who meet to investigate charges coming from preliminary hearings

States without a Grand Jury Prosecutors charge defendants with a document called an information An Information: a document that outlines the formal charge or charges against a defendant and evidence to support the charges

Once an Indictment or Information is Filed with the Trial Court Defendant is scheduled for arraignment Arraignment: a pretrial stage to hear the information or indictment and to enter a plea Plea: guilty or not guilty

Plea Bargaining 95 % of criminal defendants plead guilty to charges against them if brought to arraignment Plea bargaining: The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed upon charge instead of going to trial

Trial If defendant pleads not guilty or not guilty by reason of insanity case goes to trial Bench Trial: a trial before a judge without a jury 2% jury trial 3% bench trial

Corrections Judges are limited by the US Constitution’s 8th Amendment in their sentencing 8th amendment prohibits cruel and unusual punishment

Corrections Judges are also limited by statutory provisions

Corrections Judges are guided by other inputs: Often very important: Philosophical rationale Organizational Considerations Presentence investigative reports Often very important: Personal Characteristics

Presentence Investigation A report used in the federal system and most states to help judges determine appropriate sentences

Types of Punishments in US Fines Probation Intermediate Punishments More restrictive than probation but less than imprisonment Imprisonment Death

Punishment Defendants found guilty can appeal their punishments Appeals based on: Constitutional grounds Legal grounds

Appeal Constitutional Grounds Legal Grounds Defects on jury selection Illegal search and seizure Improper questioning Defective line-up Incompetence of counsel …and so on Legal Grounds Defects on jury selection Improper admission of evidence Mistaken interpretation

Appellate Court Can either affirm (agree) Modify Remand (retrial or resentencing)

Sentencing A defendant sentenced to prison MAY be eligible for parole after serving a portion of his/her sentence Parole: Can either affirm (agree) Modify Remand (retrial or resentencing)

Criminal Justice: Non-System There is no single criminal justice system in the US Loose confederation of many independent criminal justice agencies at all levels of government

Two Models of Criminal Justice Due Process Model Crime Control Model Both are ideal types none of which corresponds exactly with the practice of day to day criminal justice

Due Process Model - 1 Traditional liberal values Reject the informal fact-finding process as definitive of factual guilt Insist on formal adjudicative fact finding process in which cases against suspects are heard publically by impartial courts

Due Process Model - 2 Based on the doctrine of legal guilt and the presumption of innocence

Due Process Model - 3 The principle that people are not guilty of crimes merely on a showing , based on reliable evidence, that in all probability they did the act

Due Process Model and Legal Guilt Legal guilt results only when factual guilt is determined in a procedurally regular fashion, as in criminal trial, and when the procedural rules designed to protect the defendant and to safeguard the integrity of the process are employed

Due Process Model Safeguards Freedom from unreasonable search and seizures Protection from double jeopardy Protection against self-incrimination A speedy and public trial Impartial jury Notice of accusation Right to confront opposing witnesses Right to counsel Own favorable witnesses Prohibition from cruel and unusual punishment

Due Process Model - 4 In the Due Process Model, factual guilt is not enough For people to be found guilty of crimes, they must be found BOTH factually and legally guilty Very concerned of the rights of defendants

Due Process Model - 5 Defenders of this model state the Due Process Model defends he ideal personal freedom and protection. The model rests on the assumption that preventing tyranny by the government and its agents is the most important function of the criminal justice system

Due Process Model - 6 Critics say they are more concerned with protecting the defendant than the victim

Crime Control Model - 1 Reflects traditional Conservative Views

Crime Control Model - 2 In the Crime control Model, the control of criminal behavior is by far the most important function of the Criminal Justice System

Crime Control Model - 2 Illegal means of investigation are not condoned or advocated The primary focus is on the efficiency of the criminal justice process

Crime Control Model - 3 Crime Control Model often prefers plea bargaining Key is presumption of guilt

Crime Control Model - 4 Advocates assume that if the investigative agency has expended the time and effort to arrest a suspect and the prosecutor has formally charged the suspect with a crime, then the suspect is probably guilty

Crime Control Model - 5 Statistically this is based on fact Most people who are arrested and charged with a crime are found guilty Goes against the American principle that a person is innocent until proven guilty

Costs of Criminal Justice System An enormous amount of money is spent each year on criminal justice in the US 2004 Federal, State and local spent $194 billion Police protection $89 billion Judicial/Legal services $43 billion Corrections 62 billion Most money spent at state and local levels

Myths of Criminal Justice System Crime represented by the media is usually more sensational than crime actually committed TV Solved easier than in reality

Summary Questions

Selected References Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011