Copyright © 2008 Allyn & Bacon Criminal Justice, 4 th Edition by Jay S. Albanese Chapter 1 Perspectives On Criminal Justice This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; any public performance or display, including transmission of any image over a network; preparation of an derivative work, including the extraction, in whole or in part, of an any images; preparation of an derivative work, including the extraction, in whole or in part, of an any images; Any rental, lease, or lending of the program. Any rental, lease, or lending of the program.

Copyright © 2008 Allyn & Bacon Perspectives on Crime There are three different perspectives on crime, which, taken together, shape our, overall societal response to crime: Media Portrayals Media Portrayals Public Perception Public Perception Political Perspective Political Perspective

Copyright © 2008 Allyn & Bacon Media Portrayals A variety of media influences affect us daily A variety of media influences affect us daily News reporting News reporting Internet News Internet News Movies Movies Crime based television shows Crime based television shows

Copyright © 2008 Allyn & Bacon Media Portrayals Competition pushes media to highlight sensational, extreme and dramatic cases Competition pushes media to highlight sensational, extreme and dramatic cases False perception of a serious crime problem False perception of a serious crime problem Minimal chances of becoming victimized in a very serious violent way Minimal chances of becoming victimized in a very serious violent way

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Public Perception Saturation of exposure to extreme and dramatic crime cases influences our belief that we are likely to become victims of serious violent crime. Saturation of exposure to extreme and dramatic crime cases influences our belief that we are likely to become victims of serious violent crime. Concern about crime contributes to public apprehension and fear and leads to undesirable behavior. Concern about crime contributes to public apprehension and fear and leads to undesirable behavior.

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Political Perspective Politicians are elected officials who must appear responsive to public concerns ‘Quick fixes’ – rapid passage of specific laws designed to address specific criminal behavior (I.e., Megan’s Law) ‘Quick fixes’ – rapid passage of specific laws designed to address specific criminal behavior (I.e., Megan’s Law) Crime Commissions – Politically appointed and legislatively mandated study groups to address complex, large scale crime problems (I.e., 1972 Commission on Marijuana and Drug Use) Crime Commissions – Politically appointed and legislatively mandated study groups to address complex, large scale crime problems (I.e., 1972 Commission on Marijuana and Drug Use)

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What is Crime? Crime form of conduct, prohibited by society, in order to maintain social control

Copyright © 2008 Allyn & Bacon Universality of Crime Emile Durkheim (1895) Emile Durkheim (1895) Crime is ‘normal’ Crime is ‘normal’ Crime occurs in all societies Crime occurs in all societies Crime rates vary Crime rates vary

Copyright © 2008 Allyn & Bacon Functions of Crime Emile Durkheim (1895) Emile Durkheim (1895) A. Marks boundary between acceptable & unacceptable A. Marks boundary between acceptable & unacceptable B. Communal feeling—moral ties B. Communal feeling—moral ties C. Social solidarity—outrage against the act and actor C. Social solidarity—outrage against the act and actor D. Way to test legal boundaries and accommodate change the collective conscience D. Way to test legal boundaries and accommodate change the collective conscience

Copyright © 2008 Allyn & Bacon What is Criminal Law? a code or set of codes that categorizes all crimes and punishments by type

Copyright © 2008 Allyn & Bacon Categories of Crime Violation of law is a crime against society Violation of law is a crime against society Felony – Felony – serious crime punishable by incarceration for more than one year serious crime punishable by incarceration for more than one year Misdemeanor – Misdemeanor – less serious crimes that are punishable by imprisonment for one year or less less serious crimes that are punishable by imprisonment for one year or less

Copyright © 2008 Allyn & Bacon Historical and Political Contexts Definitions of crime can be viewed as a reflection of societal development and tolerance for a certain behavior. Definitions of crime can be viewed as a reflection of societal development and tolerance for a certain behavior. Criminalization – the legislative decision to make a behavior a crime [e.g., prohibition (war on drugs); McCarthyism] Criminalization – the legislative decision to make a behavior a crime [e.g., prohibition (war on drugs); McCarthyism] Decriminalization – the legislative decision to remove criminal penalties and change a crime into a non-criminal act Decriminalization – the legislative decision to remove criminal penalties and change a crime into a non-criminal act

Copyright © 2008 Allyn & Bacon What is Criminal Justice? No criminal justice ‘system’ in the United States No criminal justice ‘system’ in the United States 55,000 different government agencies in the U.S. deal with the management of crime and offenders 55,000 different government agencies in the U.S. deal with the management of crime and offenders These agencies have no legal obligation to cooperate with each other These agencies have no legal obligation to cooperate with each other 51 separate “ systems” 51 separate “ systems”

Copyright © 2008 Allyn & Bacon Criminal Justice Definition: The management of police, courts, and corrections, and the study of the causes of and treatment for crime

Copyright © 2008 Allyn & Bacon Historical dealing w/Criminal Justice Violation of law Violation of law People create a government People create a government Government creates agencies Government creates agencies From shame and repentance of colonial days to more reliance on legal resources From shame and repentance of colonial days to more reliance on legal resources Society sets up agencies to arbitrate criminal matters leading to due process Society sets up agencies to arbitrate criminal matters leading to due process

Copyright © 2008 Allyn & Bacon Due process Protection of rights of the individual from arbitrary & unjust treatment by the government though the legal system Protection of rights of the individual from arbitrary & unjust treatment by the government though the legal system Purpose: to achieve accuracy and fairness Purpose: to achieve accuracy and fairness Does the crime control system actually deter or rehabilitate offenders? Does the crime control system actually deter or rehabilitate offenders?

Copyright © 2008 Allyn & Bacon Due Process The use of accuracy, fairness, and reliability in criminal procedure to protect individual rights in the United States The use of accuracy, fairness, and reliability in criminal procedure to protect individual rights in the United States Legal protection provided for by the 5 th Amendment Legal protection provided for by the 5 th Amendment