Criminal Justice in America

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Presentation transcript:

Criminal Justice in America Hendrix, Criminal Justice: Core Concepts 1/e

Searching for Crime and Justice Criminal justice entails a broad spectrum of activities, actors, and outcomes Activities depend on decision-making by professionals in the field Professional discretion can result in a range of outcomes The criminal justice process is often seen as a machine Inaccurate, unbalanced view; criminal justice much more complex than TV dramas Need to see beyond media-fed preconceptions and limitations

Understanding Criminal Justice in America Criminal justice: the structure, functions, and processes of those agencies dealing with the management of crime Criminology: scientific study of the nature and causes of crime, rates of crime, punishment and rehabilitation of offenders, and prevention of crime Criminal law: branch of modern jurisprudence that deals with offenses committed against the safety and order of the state

Understanding Criminal Justice in America Criminal procedure: series of orderly steps and actions used to determine whether a person accused of a crime is guilty or not guilty Constitutional law: focuses on legal rules and principles that define the nature and limits of governmental power and the duties and rights of individuals in relation to the state

Understanding Criminal Justice in America Criminology is over 100 years old Legal studies have been in existence for thousands of years Criminal justice was not established as an academic discipline until the end of the 1960s Field developed as outgrowth of calls for “law and order” during the Johnson presidency

The Emergence of Criminal Justice as a Field of Study 1960s: increased crime rates, race riots, anti-war demonstrations, political assassinations Led to calls for law and order from grassroots America Also saw trend toward nationalization of Bill of Rights Supreme Court began extending rights to state defendants in 1960s Many interpreted these decisions as attempts to “handcuff” police and “coddle” criminals

President’s Commission on Law Enforcement and Administration of Justice (1965) Officially launched Johnson’s “war on crime” Studied crime problem and machinery of criminal justice; made recommendations for action Summary report helped shape direction of criminal justice for years to come Targeted seven major objectives Made over 200 specific recommendations Many focused on poverty as a root cause of crime Many scholars felt this was too simplistic

Criminal Justice as a System President’s Crime Commission led to view of criminal justice as an integrated system Three separately organized parts: police, courts, corrections Parts not independent—actions of each affects the work of the others Called for extensive research and an upgrading of criminal justice personnel and practices Most visible impact of commission on criminal justice in America

The Omnibus Crime Control and Safe Streets Act of 1968 1968: very significant year for criminal justice Riots, protests, assassinations Increasingly visible street crime Significant use of heroin and other illegal drugs President’s Crime Commission recommended attack on the “root causes” of crime

The Omnibus Crime Control and Safe Streets Act of 1968 Passage of Omnibus Crime Control and Safe Streets Act resulted from President Johnson’s proposals for war on crime Very controversial piece of legislation—seemed more a political maneuver than a reform bill Title II attempted to overturn Supreme Court decisions Title III empowered state/local law enforcement agencies to tap phones, eavesdrop even without a court order

The Law Enforcement Assistance Administration Created by Omnibus Crime Control and Safe Streets Act, Title I Part of Department of Justice Develop new devices, techniques, approaches in law enforcement Award discretionary grants Supply states and municipalities with funds for improving criminal justice, training/educating criminal justice personnel Significant portion of funds targeted for social programs and research, court reform, correctional programs

Law Enforcement Education Program (LEEP) During 1970s, LEAA provided over $40 million per year for LEEP LEEP charged with education of over 100,000 persons employed in or preparing for career in criminal justice Seen as one of LEAA’s most constructive and successful efforts LEEP initiated first academic programs in criminal justice

Models of Criminal Justice Due process model Stresses possibility of error in stages leading up to trial Emphasizes need to protect procedural rights Warren Court Crime control model Emphasizes efficiency Based on view that most important function of criminal justice process is repression of criminal conduct Burger Court

Models of Criminal Justice Other models Wedding cake model: depicts cases processed by criminal justice system in four layers Funnel model: depicts diminishing number of cases processed by CJS as cases removed from system

The War on Drugs Shaped policy since late 1960s Led to criminal justice process that appears “drug driven” in almost every respect Laws passed to deter drug involvement, increase penalties for drug-related crime Street-level drug enforcement initiatives expanded Led to increased number of drug-related arrests

The War on Drugs Processes in both judicial and correctional sectors affected Judicial sector: increase in drug-related cases led to crowded dockets and courtrooms Creation of new drug courts Correctional sector: higher incarceration rates led to increased crowding Establishment of liberal release policies Experimentation with prison-based drug-treatment programs Significant impact on state finances

Gender, Crime, and Criminal Justice Increasing visibility of women in the traditionally male-dominated criminal justice system Since early 1970s, number of female offenders has risen Women’s role in criminal activity increasingly paralleling those of men Proportion of women criminal justice personnel (police officers, judges, attorneys, corrections officers, etc.) also increasing

The Criminal Justice “Nonsystem” Idea of criminal justice working as a system may not be accurate Competing perspectives of system organization Consensus/systems model argues that the organizations making up the criminal justice system work cooperatively to produce justice Conflict model/nonsystem perspective posits that branches of justice work competitively; segments rarely operate with full awareness of long-term implications of activities

Victims and Justice Crime victims and families historically forgotten in processing of criminal offenders Victims have little opportunity to participate in judicial and correctional processes Historically, state (not individual) is officially the victim of crime Victims seen as “getting in the way” during police investigations and judicial proceedings Victims seen as partial and impatient, unable to make objective contributions to process of justice

Victims and Justice In 1960s, increasing recognition of the importance of involving crime victims in justice process Most significant changes implemented in 1980s System also established victims’ advocacy programs and restorative justice programs

Criminal Justice and the Media Most serious crimes receive little public attention from local media About 1% attract sustained state/local attention Very rare cases galvanize broad national attention Small number of famous cases become object of continuous attention, speculation, analysis Details of case and visibility of people involved Public curiosity

Terrorism, Criminal Justice, and the Constitution Impact of war on terrorism in criminal justice domain is broad and complex System responses to terrorist acts involve numerous levels of government law enforcement and even cooperation of international agencies Terrorism: premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents

Terrorism, Criminal Justice, and the Constitution Attacks on 9/11 introduced a new era in U.S. criminal justice, affecting every sector of the system Changes affect law and due process as well as operations of police, courts, corrections

Studying and Working in Criminal Justice Portrayal of criminal justice in TV/movies much more exciting than what exists in real life Academic field of criminal justice is the study of the agencies and procedures set up to manage crime and the persons accused of violating the law One of the most popular undergraduate majors in the U.S. Programs draw from wide variety of academic disciplines Field experience is an integral component It is important to understand the reality of criminal justice careers, compared to the televised fantasy

Conclusions: Guidelines for Critical Thinking Examine how terms are defined and how concepts are measured Inspect the evidence Look for potential biases Ask whether the conclusions have been oversimplified Ask whether the conclusions have been overgeneralized Consider other possible interpretations Consider who is offering the explanation Think through the topic