Present and Emerging Trends: The Future of Criminal Justice Chapter 16 Present and Emerging Trends: The Future of Criminal Justice

War and peace in the criminal justice system The wars on crime and drugs The Bill of Rights, along with a long history of court cases interpreting the meanings of the framers of the Constitution, have greatly limited what the criminal justice system can and cannot do in pursuit of lawbreakers.

War and peace in the criminal justice system The war on terrorism Under normal circumstances, the goals and targets of the military and the police do not intersect. The war on terrorism has changed this.

War and peace in the criminal justice system The war on terrorism Differences between the war on terrorism and other social problems …

War and peace in the criminal justice system The war on terrorism The war on terrorism has a clear and identifiable outside enemy. The war on terrorism is political rather than social. The war on terrorism uses military weapons.

War and peace in the criminal justice system The war on terrorism An outside terrorist enemy does not enjoy US legal protections. Terrorists firmly believe their cause is just.

The war on terrorism The Effects of September 11 Contributing issues … Airport security Passengers' response Rights of aliens

The war on terrorism The Patriot Act Gives the government greater latitude over a broad range of concerns that specify the rights of citizens, aliens, and government agents.

CrossCurrents The War on Terrorism Legal rights at Guantanamo Bay Those captured on the battlefield in Afghanistan and Iraq have not been allowed rights normally given to prisoners of war or US citizens. By housing these individuals at Guantanamo Bay suspected terrorists are prevented from challenging the reasons and conditions of their confinement.

The Patriot Act Department of Homeland Security Meant to ensure that government agencies were allied to combat terrorism The FBI and CIA remain independent.

The Patriot Act Privacy issues Judicial review The Crime Control and Safe Streets Act of 1968 and the Foreign Intelligence Surveillance Act of 1978 limit the government's ability to conduct domestic surveillance. The Patriot Act can be used on the local level.

The Patriot Act Privacy issues Secret searches The Patriot Act authorizes government agents to search homes and property without prior or subsequent notification that the residence has been searched.

The war on terrorism How terrorism is changing the criminal justice system Unfunded mandates Local governments have had to develop contingency plans and need money to fund these new duties.

The war on terrorism How terrorism is changing the criminal justice system Increased capacity The criminal justice system has moved to the head of the line in the allocation of government resources. Local systems are receiving personnel positions, weapons, and other equipment.

Peacemaking criminology and restorative justice Religious and humanist tradition Feminist tradition Critical traditions The peacemaking pyramid Restorative justice

Housing death penalty inmates is expensive in California. Crosscurrents Peacemaking Criminology & Restorative Justice Paying for the death penalty Housing death penalty inmates is expensive in California. The state has executed only 13 inmates in 30 years. Numerous legal and ethical problems

Peacemaking criminology and restorative justice Peacemaking criminology is not a new concept. Many of its principles, such as social justice, nonviolence, and rehabilitation have been advocated for centuries.

Religion can be transformative. Peacemaking criminology & restorative justice Religious & humanist traditions Religion can be transformative. Religious perspectives encompass principles important to peacemaking. Humanism stresses a moral life.

Peacemaking criminology & restorative justice Feminist tradition Feminism advocates a criminal justice system that is blind toward sex and in which women and men are treated with respect, equal opportunities and consequences, and fairness.

Peacemaking criminology & restorative justice Critical traditions Marx and false consciousness Age

Peacemaking & the criminal justice system in context 22 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved.

Peacemaking criminology & restorative justice Critical traditions The peacemaking perspective applies to four levels of analysis … Intrapersonal Interpersonal Societal and institutional International and global

Peacemaking pyramid 24 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. • All Rights Reserved.

Peacemaking criminology & restorative justice The peacemaking pyramid Nonviolence: Defensive violence must be proportional, used as a last resort, and continually evaluated. Social justice: A system that merely reinforces the power wielded by those who enact and enforce the laws does not serve the best interests of all citizens.

Peacemaking criminology & restorative justice The peacemaking pyramid Inclusion: Requires the cooperation, counsel, and commitment of all affected parties. Correct means: A good solution to the problems of crime can only be attained by process that embody peacemaking principles.

Peacemaking criminology & restorative justice The peacemaking pyramid Ascertainable criteria: Everyone involved should understand the rules and procedures employed by the criminal justice system. Categorical imperative: "Act only according to the maxim whereby you can at the same time will that is should become a universal law."

Peacemaking criminology & restorative justice Restorative justice A way to apply peacemaking criminology to the criminal justice system and to the community. The criminal justice system is but a small part of society's response to crime.

Peacemaking criminology & restorative justice Restorative justice Restorative justice practices should involve the community. Establish programs that respond to some of the underlying conditions that contribute to crime

Peacemaking criminology & restorative justice Restorative justice Programs Victim-offender reconciliation programs Family group conferencing Victim-offender panels

The guise of neutrality Individuality Connections to the community Crosscurrents Peacemaking Criminology & Restorative Justice The downside of restorative justice Due process The guise of neutrality Individuality Connections to the community

Questions How is terrorism changing the mission of the criminal justice system? What are some of the differences between the war on terrorism and other social problems? What traditions contribute to peacemaking criminology?