Crime and Criminal Justice Chapter 1

Crime has evolved with the nation: The Civil War produced widespread business crime. From 1900 to 1935 the nation experienced sustained increases in criminal activity dominated by Depression-era criminals. Crime is not a recent phenomenon

To deal more effectively with crime and criminals, the Criminal Justice system needs more: Time Money People Crime Commission Recommendations

Gave $7.7 billion to states to deal with crime Contributed to increased numbers of people working in criminal justice Helped invent what is known as criminal justice Law Enforcement Assistance Administration (LEAA)

55,000 different public agencies $150 billion annual budget 2 million employees 20,000 police agencies 17,000 courts The Criminal Justice System: Size and Expense

Exhibit 1.1 Components of the Criminal Justice System

8,000 prosecutorial agencies 6,000 correctional institutions 3,500 probation and parole departments 15 million arrests per year Correctional population of more than 5 million The Criminal Justice System: Size and Expense

Maintain order Enforce criminal & traffic law Provide emergency service Create a sense of community safety Role of the Police

To seek truth & obtain justice To adjudicate & sentence Consists of lower courts superior courts appellate courts Role of the Courts

Opponents in an adversarial system Prosecutor represents the people Defense represents the accused Prosecution and Defense

Represents the government Usually a local attorney with jurisdiction limited to county or state Either elected or appointed position Presents the state’s case from defendant’s arrest through conviction and sentencing Screens cases to eliminate the obviously innocent or those lacking evidence The Prosecutor

Role involves two major functions: Protecting the constitutional rights of the accused Presenting the best possible legal defense for the defendant The Defense Attorney

Community supervision Probation Confinement Parole Role of Corrections

Figure 1.4 The Criminal Justice Funnel

Exhibit 1.4 The Interrelationship of the Criminal Justice System and the Criminal Justice Process

Figure 1.3 The Critical Stages of the Justice Process

All crimes are not treated the same by the criminal justice system. All criminals are not treated the same by the criminal justice system. Much of the public has a distorted understanding about criminal justice processes. Realities of Crime

Figure 1.5 The Criminal Justice “Wedding Cake”

A perspective is a “view point” about a given subject. It normally reveals one’s understanding about the relationship among various aspects of a subject, both to each other and to the topic as a whole. A perspective about the causes of crime, the nature of criminals, the functions of government, and the rights of victims is one of the foundations on which public policy is based. Perspectives on Justice

Figure 1.6 Perspectives on Justice: Key Concerns and Concepts

Proper role of criminal justice is to prevent crime through judicious use of sanctions. If criminal justice operated effectively, criminals would be deterred. The system could punish in such a way to make all believe that “crime doesn’t pay.” Focus of justice should be on the victim. Crime control measures should be sure & swift. Crime Control Perspective

Mandatory sentencing “Three strikes and you’re out” Preventative detention Abolition of parole Effects of the Crime Control Perspective

The justice system should be a means of caring for and treating people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality. Crime can be controlled by giving people the means to improve their lives through conventional endeavors. Rehabilitative Perspective

In contrast to the Crime Control Perspective, focus is on the offender. Societal conditions will breed new criminals. Pay now by treatment or later by more prisons. Rehabilitative Perspective

Exclusionary rule Right to attorney at all stages of the process Due process rights given to juveniles Granting prison inmates fundamental legal entitlements Effects of the Due Process Perspective

Limit the involvement of the criminal justice system with defendants whenever possible. Long-term effects of involvement are harmful to the individual. Nonintervention Perspective

Nonintervention Strategies: Decriminalization of “victimless crimes” Deinstitutionalization of nonviolent offenders Pretrial Diversion for first time offenders Nonintervention Perspective and Net Widening

Combines: Liberal Perspective Fairness, equality, and strict control of discretion Conservative Perspective Crime control Justice Perspective

One of the major goals is to reduce sentencing disparity Advocates determinant sentencing Advocates use of sentencing guidelines Advocates abolition of parole How Does the Justice Perspective Limit Discretion?

The true purpose of the criminal justice system is to promote a peaceful and just society. The justice system should aim for peacemaking, not punishment. Restorative Justice Perspective

Figure 1.7 Strategies for Controlling Drugs

Mediation and conflict resolution Financial and community restitution programs Restorative Justice Strategies

Arguments for legalization Prohibition failed More die from legal drugs When drugs were legal, many managed to lead normal lives The Netherlands is relatively crime-free Arguments against legalization If it worked, it would only be short-term Long-term result would be more users Current users could increase intake Legalizing won’t stop the problems, e.g., DWI Nonintervention Strategies – Legalization of Drugs

Combines elements of the liberals’ concern for the individual with the concept of legal fairness guaranteed by the Constitution Provides fair and equitable treatment to those accused of crime Advocates strict monitoring of discretion by justice officials to ensure no one suffers racial, religious or ethnic discrimination Due Process Perspective