Chapter 1 Crime and Criminal Justice

Learning Objectives Discuss the formation of the criminal justice system in America Be able to define the concept of a criminal justice system Be familiar with the basic component agencies of criminal justice Comprehend the size and scope of the contemporary justice system Trace the formal criminal justice process

Learning Objectives Know what is meant by the term “criminal justice assembly line” Characterize the “informal criminal justice system” Describe the “wedding cake” model of justice Be familiar with the various perspectives on justice Understand the ethical issues involved in criminal justice

Introduction: The Criminal Justice System System of: Law enforcement Courts Corrections Directly involved in the: Apprehension Prosecution Control of those who violate the law

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

Introduction: The Criminal Justice System Describe, analyze and explain the behavior of criminal justice agencies: Police departments Courts Correctional agencies

Developing the Criminal Justice System A surge of violent crime in 19th century America Famous outlaws, criminal gangs Flourished in largest cities Criminal justice agencies developed as criminal gangs formed In 1829 the London Metropolitan Police, the first police agency

Developing the Criminal Justice System First police agencies created in the U.S: Boston (1838) New York (1844) Philadelphia (1854). The penitentiary was created In 1919 the Chicago Crime Commission was created

Developing the Criminal Justice System In 1931 President Herbert Hover appointed the National Commission of Law Observance and Enforcement commonly known as the Wickersham Commission. Commission made a detailed analysis of the U.S. justice system 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 Criminal justice procedures and their interrelationship were examined: Investigation Arrest Prosecution Pleas negotiation

Federal Involvement in Criminal Justice 1967 - President’s Commission on Law Enforcement and Administration of Justice published The Challenge of Crime in a Free Society A group of practitioners, educators, and attorneys created a comprehensive view of the CJ process and recommended reforms 1968 - Congress passed Safe Streets and Crime Control Act Funded the Law Enforcement Assistance Administration Federal government continues to fund the NIJ and the BJA

The Contemporary Criminal Justice System Society’s instrument of social control Task is to prevent or deter outlawed behavior by: Apprehending Adjudicating Sanctioning Lawbreakers

The Contemporary CJS Three main components: Law enforcement agencies Investigate & arrest Court agencies Charge, conduct trial and sentence Correctional agencies Monitor, treat, rehabilitate offenders

The Contemporary CJS State and local criminal and civil justice Costs $215 billion (up 300 percent since 1982) Employs more than 2 million people 18,000 local law enforcement agencies employ 1,000,000 people 800,000 are full-time sworn, remainder are: Part-time officers Civilian employees

The Contemporary CJS There are approximately: Costs: 17,000 courts 8,000 prosecution agencies 6,000 correctional institutions 3500 probation and parole departments Costs: $100,000 to build a prison cell $25,000 yearly to house an inmate $30,000 yearly to house a juvenile inmate

The Contemporary CJS Arrest and Court Populations: 14 million individuals arrested each year 1 million convicted of felony charges in state and federal courts 1 ½ million juveniles handled by juvenile courts

The Contemporary CJS Corrections: More than 7 million people under some form of correctional supervision 2 million in jails and prisons 5 million in community supervision: Probation Parole

The Formal Criminal Justice Process Crime Report Investigation Arrest Custody Charging Factors Preliminary hearing/Grand Jury Arraignment Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Post-Conviction Remedies Correctional Treatment Release Post-Release

The Formal Justice Process

Criminal Justice Assembly Line There are decision points at each of the stages of the assembly line Each decision point is critical The justice process is viewed as a funnel for cases

The Informal CJ Process Most criminal cases are cooperative ventures in which all parties work together to work out a deal Courtroom Work Group: Prosecutor Defense attorney Judge Other court personnel 80-90% of all cases are settled without trials

The Informal CJ Process The “Wedding Cake” Model of Justice:

Perspectives on Justice There are a variety of perspectives on justice: Crime Control Perspective Rehabilitation Perspective Due Process Perspective Nonintervention Perspective Equal Justice Perspective Restorative Justice Perspective

Perspectives on Justice Crime Control Perspective: 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

Perspectives on Justice Rehabilitation Perspective Assumptions 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 Convicted criminals can be successfully treated

Perspectives on Justice Due Process Perspective Provisions for fair and equitable treatment for the accused Every person deserves their constitutional rights and privileges 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

Perspectives on Justice Nonintervention Perspective Criminal justice agencies should limit involvement with criminal defendants Labeling individuals as criminals is harmful and disruptive Stigma locks people into a criminal way of life Decriminalize, divert, and deinstitutionalize

Perspectives on Justice Equal Justice Perspective Equal treatment for equal crimes Decision making standardized and structured by rules and regulations Individual discretion reduced and controlled Inconsistent treatment produces disrespect for the system

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

Perspectives in Perspective During the past decade crime control and equal justice models have dominated Rehabilitation, due process, and the least- intrusive treatment have not been abandoned There is no single view that is the right or correct view

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: Police have authority to deprive people of their liberty Police are granted wide discretion Police serve as the interface between the power of the state and citizens it governs

Ethics in Criminal Justice Ethics and the courts: Seeks justice for all parties in a criminal matter Prosecutor has dual-role: Represents people Represents the court Defense Attorney has dual-role: Defense advocate Officer of the court Ethics and corrections - significant coercive power over offenders

Discussion Questions What is the appropriate response to ethical violations by a district attorney? How does the media play a part in such charges? Should the media be allowed to televise criminal court proceedings?

Ethics Charges in the Duke Rape Case