Chapter 1 Crime and Criminal Justice

Learning Objectives Define the concept of criminal justice. Beware of the long history of crime in America. Discuss the formation of the criminal justice system. Name the three basic component agencies of criminal justice. Comprehend the size and scope of the contemporary justice system. Trace the formal criminal justice process. Know what is meant by the term “criminal justice assembly line.” Discuss the “wedding cake” model of justice. Be familiar with the various perspectives on justice. Understand the ethical issues concerning ethics in criminal justice.

The Criminal Justice System System of law enforcement, adjudication, and correction Directly involved in the apprehension, prosecution, and control of those charged with criminal offenses

The Criminal Justice System Protecting the public Maintaining order Enforcing the law Identifying transgressors Bringing the guilty to justice Treating criminal behavior

Is Crime a Recent Development? Part of society for ages Crime rate may actually have been much higher in the 19th and 20th centuries

Crime at the Turn of the 20th Century 1900 – 1935 sustained increase in criminal activity Criminal gangs formed before the Civil War in urban slums, becoming the forerunners of modern day organized crime families

Developing the Criminal Justice System First police department - London Metropolitan Police 1829 The Chicago Crime Commission - professional association which acted as a citizens’ advocate group The National Commission on Law Observance and Enforcement - created by President Hoover; helped usher in the era of treatment and rehabilitation

The Modern Era of Justice Began in the 1950’s with a series of research projects Focus was on the criminal justice process

Federal Involvement 1967 – President’s Commission on Law Enforcement and Administration of Justice Practitioners, educators, and attorneys created a comprehensive view of the CJ process and recommended reforms

The Contemporary CJS Social control Formal social control Informal social control

Components of the Criminal Justice System

The Criminal Justice System Costs federal, state, and local governments approximately $ 215 billion per year for civil and criminal justice Has increased more than 300% since 1982

Adult Correctional Population

Direct expenditure by level of government, 1982-2004 Percent change 1982-2004 $100 366% Local State $80 Federal 480% $60 Billions $40 704% $20 $0 1982 1993 2004

Direct expenditure by criminal justice function, 1982-2006 Percent change 1982-2006 $100 420% Police Corrections $80 Judicial 660% $60 Billions 503% $40 $20 $0 1982 1990 1998 2006

The Formal Criminal Justice Process Report of a crime Initial contact of a suspected offender Investigation Arrest Custody Charging Preliminary Hearing/Grand Jury Arraignment Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Post-conviction remedies Correctional treatment Release Post-release

Criminal Justice Assembly Line Stages are decision points Stages serve as checks and balances

The Criminal Justice Funnel 500 crimes reported to police 400 crimes unsolved 100 people arrested 65 adults considered for prosecution 35 juveniles go to juvenile court 25 cases dropped 30 put on probation or dismissed 40 cases accepted for prosecution 10 jump vail or abscond 30 cases go to trial 1 acquitted 27 plead guilty 2 found guilty 29 sentenced 9 placed on probation 20 adults incarcerated 18

The Informal CJ Process Courtroom Work Group - prosecutor, defense attorney, judge, and others Streamlines justice through extensive use of plea bargaining and other alternatives

The “Wedding Cake” Model of Justice I Celebrated cases II Serious felonies III Less serious felonies IV Misdemeanors 20

Perspectives on Justice Crime control Rehabilitation Due process Non-interventionist Equal justice Restorative justice

Crime Control Perspective Control of dangerous offenders and the protection of society Harsh punishments as a deterrent to crime Purpose of the justice system is to deter crime through the application of punishment The more efficient the system, the greater its effectiveness The justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty

Rehabilitation Perspective Care for people who cannot manage themselves It is better to treat than punish Criminals are society’s victims Helping others is part of the American culture

Due Process Perspective Focus on the defendant’s rights to prevent the wrongful conviction of an innocent person Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty Decisions must be carefully scrutinized to avoid errors Everyone must be treated equally and fairly

Nonintervention Perspective Justice system stigmatizes offenders Stigma locks people into a criminal way of life Decriminalize, divert, and deinstitutionalize

Equal Justice Perspective Equal justice to those who come before the law Equal treatment for equal crimes Structured justice, “just deserts” Reduced and controlled use of discretion Inconsistent treatment produces disrespect for the system

Restorative Justice Perspective Peacemaking rather than punishment Offenders should be reintegrated back into society Coercive punishments are self-defeating Justice system must become more humane

Perspectives in Perspective Crime Control and Justice Models have dominated Rehabilitative efforts have not been abandoned

Ethics in Criminal Justice Justice personnel function in an environment where moral ambiguity is the norm Enormous power granted to criminal justice employees Ethics and law enforcement - officers have the authority to deprive people of their liberty Ethics and the courts - seek justice for all parties Ethics and corrections - significant coercive power over offenders