Crime and Justice in the US

Criminal Rights The 4th, 5th, and 6th Amendments of the US Constitution outline what rights those accused of a crime have. 4th Amendment- Search and Seizure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th Amendment: Due Process and Right to Remain Silent No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment: Speedy Trial, Right to Counsel In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Criminal Rights The 8th and 14th Amendments also play a key role in establishing criminal rights. 8th Amendment: Excessive Bail Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 14th Amendment: Equal Protection All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Criminal Justice: An Institution of Social Control Criminal justice is an institution of social control, as are: The family Schools Organized religion The media The law

institution of social control An organization that persuades people, through subtle and not-so-subtle means, to abide by the dominant values of society.

Criminal Justice: The System Criminal justice in the United States is administered by a loose confederation of more than 50,000 agencies of federal, state, and local governments. The police The courts Corrections The criminal justice system =

Criminal Justice: The System The criminal justice system operates differently in some jurisdictions, but there are also similarities. jurisdictions A politically defined geographical area.

Police The criminal justice response to crime begins when a crime is reported to the police, or when the police discover a crime has been committed.

Crime in the United States Most police calls involve responding to complaints of disturbances: Domestic quarrels Neighbor squabbles Gang altercations Loud music

Arrest Warrant On rare occasions, police may obtain an arrest warrant from a lower-court judge before making an arrest. arrest warrant A written order directing law enforcement officers to arrest a person.

Courts After a suspect has been arrested and booked, a prosecutor reviews the facts of the case and decides whether to charge the suspect with a crime. If no charges are filed, the suspect must be released.

Pretrial Stages About 90 percent of criminal defendants plead guilty to the charges against them, in an arrangement called plea bargaining: The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed-upon charge or charges instead of going to trial.

A trial before a judge, without a jury. 10 percent of criminal cases go to trial. 5 percent of criminal cases are decided in a bench trial. bench trial A trial before a judge, without a jury.

Trial If the defendant is found guilty as charged The judge (and sometimes the jury) begins to consider a sentence. If the defendant is found not guilty The defendant is released.

Corrections Currently, five types of punishment are used in the United States: Fines Probation Intermediate punishments Imprisonment Death Judges must impose sentences according to statutory guidelines.

Corrections Defendants can appeal their convictions either on legal or constitutional grounds. Legal Grounds Defects in jury selection Improper admission of evidence at trial Mistaken interpretations of law Constitutional Grounds Illegal search and seizure Improper questioning by police Incompetent assistance from counsel

Costs of Criminal Justice Each year in the United States an enormous amount of money is spent on criminal justice. In 1999, local, state, and federal governments spent a total of $146 billion on civil and criminal justice.

Costs of Criminal Justice State and local governments pay most of the cost of criminal justice. Generally speaking: Local governments pay for police. The federal government works strategically to influence criminal justice policies at other levels of government.

Costs of Criminal Justice About 4 cents out of every tax dollar is spent on crime control. Roughly two-thirds of the American public thinks the government should spend more.

Beliefs based on emotion rather than analysis. Myths About Crime and Criminal Justice Much of the American public’s understanding of crime and criminal justice is wrong; it is based on myths. myths Beliefs based on emotion rather than analysis.