Chapter 1: Crime, Law and Criminal Justice

Learning Objectives 1-1: Identify the major stages of the criminal justice system 1-2: Explain the importance of discretion and ethics in the criminal justice system 1-3: Describe the different tiers of the wedding cake model 1-4: Compare and contrast the crime control model with the due process model 1-5: Assess how media can impact the criminal justice system Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Stages of the Criminal Justice System: Three Major Components The stages of the Criminal Justice System are made up of three major components: Policing Courts Corrections Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Stages of the Criminal Justice System: Three Major Components Relationship between components: Police, courts and the correctional systems function both in relationship to each other, and as their entity. Each group makes decisions that ultimately impact other groups. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Stages of the Criminal Justice System: Three Major Components Policing: First point of contact in the system and tasked with investigating crime and apprehending offenders. For example, when an police officer responding to a domestic violence dispute he takes statements from both individuals to determine the defendant and victim. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Stages of the Criminal Justice System: Three Major Components Courts: Responsible for determining whether an offender should be charged with a crime and managing the process to determine whether they should be held criminally responsible. For example, once information from officers are forwarded over, district attorneys review the information and determine what charges will be filed against an offender, also known as the defendant. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Stages of the Criminal Justice System: Three Major Components Corrections: Carry out the punishment as ordered by the court. For example, when an offender is sentenced to a period of incarceration, they serve their sentence in either a jail or prison. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Careers in Criminal Justice There are many different opportunities in the criminal justice field. Requirements to work in these fields: Local, state and federal agencies offer different opportunities to establish a career in the criminal justice field Some are more competitive and require more skills and training. Can require polygraph screening, drug test, background screening, physical fit test, etc. Internship Opportunities Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Discretion and Ethics in the Criminal Justice system Discretion: Refers to the freedom to make decisions Decision-making power of criminal justice agents. Perhaps the most powerful tool of the criminal justice system. Laws and policies can help guide the discretion of individuals within the criminal justice system: police, courts and corrections What are some examples of police officers using discretion? Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Discretion and Ethics in the Criminal Justice system Ethics: Refers to the understanding of what constitutes good or bad behavior Agents of criminal justice face ethical challenges everyday. Can help guide the decision making process. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Wedding Cake Model The Wedding Cake Model helps us to understand how cases can be treated differently and move through the criminal justice process. Four layers Bottom layer Second Tier Third Tier Top layer Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Wedding Cake Model: Bottom Layer Bottom Layer: represents the largest number of cases handled by the criminal justice system. Misdemeanor – Least serious types of crime. Majority cases not resolved by trial. Offenders offered plea bargains with reduced sentences or other lower level punishments. Maximum punishment is less than 1 year in jail. Examples of misdemeanor crimes? Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Wedding Cake Model: Second Tier Second Tier: smaller and comprised of lower-level felony cases. Generally, non-violent in nature and the offenders are lower level. Many handled with plea agreements. Typically do not involve significant incarceration sentences. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Wedding Cake Model: Third Tier Third Tier: filled with upper level felony cases. Tend to violent. Involve offenders with significant criminal histories. Likely to process to a trial if offender pleads not guilty. Can face prison time. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Wedding Cake Model: Top Layer Top Tier: represents the high-profile cases. Tend to be profiled by the media. Potential for significant penalties (e.g., life in prison, death penalty). May involve well-known offenders, such as celebrities. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Models of Criminal Justice Two competing ideologies: The Crime Control Model The Due Process Model Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Models of Criminal Justice The Crime Control Model Believes that the most important function of the criminal justice system is to suppress and control criminal behavior as a function of public order in society. Focus is on swift and severe punishments for offenders Justice under this model resembles as “assembly-line”. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Models of Criminal Justice Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Models of Criminal Justice The Due Process Model Views the most important function of the criminal justice system as suppressing and controlling criminal behavior. Liberal perspective. Emphasis on formalized legal practices. Justice under this model resembles an “obstacle course”. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Models of Criminal Justice Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Influence of the Media on Criminal Justice. Due to limited experiences with the criminal justice system, the information we learn is gathered through the media: Shapes individuals perceptions of crime and justice. Internalize media generated images as facts. Direct relationship on understandings of realities of crime in society. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Influence of the Media on Criminal Justice. The CSI Effect: References the popular crime drama. Present a distorted view of the reality of crime. Can impact real issues in criminal justice. EXAMPLES? Examples: Law & Order, Law & Order: Criminal Intent, Law & Order: Special Victims Unit, The Mentalist, Miami Vice, Blue Bloods, Breaking Bad, Prison Break, Castle, Chicago P.D., Criminal Minds, The Practice, Matlock Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Influence of the Media on Criminal Justice. Reality TV: Crime is presented in a reality TV programming. Documentaries about crime and justice on various networks. Atypical, high profile cases garner the greatest attention. Media coverage impact on juror’s decision. EXAMPLES? Reality TV programming examples: COPS, Forensic Files, The First 48, Cold Case Files Network examples: A&E, The Discovery Channel, TruTV, History Channel Example: The State vs. Jodi Arias. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Influence of the Media: Perception of Crime Rates Overemphasis of violent crime incidents: False picture painted of realities of crime. Punitive attitudes on crime. Increase in fears about crime. EXAMPLES? Examples: Mass killings in the U.S., school shootings. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

The Influence of the Media: Influencing Public Policy Agents of criminal justice system respond to society’s fear of crime. Rise in public dialogue about crime. Influenced by media misinformation and sensationalized high profile cases. Crime victims or high profile events have influenced public policies. EXAMPLES? Examples: War on Drugs, Mandatory Minimum Sentencing (three-strikes laws) Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Conclusion Tools to combat crimes: Laws Discretion Ethics Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Conclusion Tools to help and harm society: Move cases through system faster. Competing interests. Diverse needs of society. Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017

Open-Access Student Resources Quizzes eFlashcards SAGE Journal Articles Original SAGE Videos Multimedia Resources and more at edge.sagepub.com/mallicoatccj Mallicoat, Crime and Criminal Justice 1st Edition, © SAGE Publications, Inc. 2017