Welcome to Unit 1!  Greetings all! Welcome to our first seminar of the term!  Just a couple of reminders to help you have a successful term:  Post to the discussion boards early. Remember, a minimum of two (2) 100 word posts must be completed for full credit.  Come to the seminar on time and participate throughout the hour. If you cannot make a seminar, you may do the alternative assignment as described in the “seminar” tab.  Be collegial in the seminar and on the boards. Feel free to agree or disagree but rudeness will not be tolerated! The boards and seminar are a great place to learn from each other.  Be sure to read the entire syllabus for this class. Feel free to contact me with any questions or concerns you have. Make sure you have Microsoft Office with power point for assignments!  If you run into any difficulties, please contact me as soon as possible. I am committed to making sure you have a successful term. I will be happy to work with you to make sure that happens!  And now………..on with the show!

Ch. 1 – What is Criminal Justice?

 What is the definition of crime?  conduct that violates criminal law for which there is no legally accepted justification or excuse.  The Nature of Crime is always evolving.  In contemporary American society, there is a need to balance individual rights and public order.

QUESTION……???  What would an individual rights advocate believe?  What would a public order advocate believe?

Individual Rights vs. Public Order Individual Rights Advocates Public Order Advocates  …seek to protect personal freedoms within the process of criminal justice.  …suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

A brief history of Crime in America  1850–1880: - crime epidemic & social upheaval due to immigration  Prohibition Years – widespread organized crime

 1960’s-70’s - War protests, Civil Rights Era increased concern for rights of women and ethnic and racial minorities, court decisions and new legislation expanded rights and affected all areas of life

History continued  1980’s -Dramatic increase in sale and use of illicit drugs, drug smuggling, and gangs Americans demanded “law and order” “War on Drugs” declared  1990’s - focus on police brutality and effective police management Americans believe crime is out of control  2000 – Present - Emphasis on individual accountability, responsibility, and punishment of offenders, terrorism on American soil is of central concern, USA PATRIOT ACT important tool in fight against terrorism, corporate and white collar crime gain attention

Question?????  What is the US Patriot Act? What does/did it accomplish?

 The Act increases law enforcement’s ability to search telephone, , financial, medical and other records.  It takes away some restrictions on foreign intelligence gathering in the US  Gives more discretion to law enforcement and immigration authorities to detain and deport immigrants suspected of terrorism, including domestic terrorism  Is the Act a necessary one in the US today?

What is Justice?  Justice encompasses an idea of fairness and equity  Civil Justice - deals with fairness in relationships between government, citizens and business in private matters  Criminal Justice – involves violations of the criminal law, as well as protection of the innocent, fair treatment of offenders, and fair play by the criminal justice system. The criminal justice system has a responsibility to it’s citizens to keep them safe.  The Ultimate goal of the criminal justice system is Justice…..

 Do you believe the criminal justice system serves justice?  Is there fair treatment of offenders?  Explain your thoughts/opinions

 The American Criminal Justice System has three core components:  Police (Law Enforcement) – enforce laws, investigate crimes, apprehend offenders, maintains order, protects fundamental rights and freedoms  Courts – conduct fair/impartial trials, sentences offenders, ensures due process  Corrections – carry out sentences imposed by the court, provides safe/humane custody and supervision of offenders, rehab, reform, reintegrate offenders into the community

How Well Do they Work together?  Consensus Model Assumes cooperation among all components of the system toward a common goal The “systems” model  Conflict Model Assumes all components are self- serving and compete for limited resources The “non-system” model Which do you believe is “more” true of our justice system today?

The Police:

The Police-Investigation/Arrest  After a crime has been discovered, police gather evidence at the scene, if possible. Follow-up investigations attempt to reconstruct the sequence of events. Some offenders are arrested at the crime scene; most are apprehended later, with an arrest warrant.  A warrant is….. a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it.

Miranda v. Arizona (1966)  The court held that police must notify suspects of their rights prior to custodial interrogation. Note: custody…and interrogation

 Booking – is an administrative process recording an entry into detention after arrest.  First Appearance - Within hours of the arrest. Suspect informed of charges and advised of his/her rights. An attorney is appointed if the accused is indigent. An opportunity for bail may be provided.  Pre-Trial Release - Pre-trial release is afforded to most defendants through: Release on recognizance or Bail bond  Those not released will await case disposition in jail.  Preliminary Hearing/Grand Jury - The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process.

 Arraignment – happens before a court having jurisdiction in a criminal case. The defendant is informed of the charge(s) and of his/her rights and is required to enter a plea.  Three types of pleas:  Guilty – Not Guilty – Nolo Contendere (No contest)  If the plea is “not guilty,” then a trial date is set.  If the defendant “stands mute,” then “not guilty” is entered.  If the plea is guilty or no contest and if the judge accepts the plea, then it moves to sentencing phase.

Question:  Why would a person plead “nolo contendere” or “no contest” instead of pleading guilty?  Can anyone tell me what the difference is?

Nolo Contendere  Latin for "I will not defend it." A statement in a criminal trial where the defendant declines to refute the evidence presented but agrees to the charges presented in the complaint. It cannot be used as an admission in other proceedings.  Contendre.asp

Trial The state must prove “beyond a reasonable doubt” that the defendant committed the crime. Trials may be jury trials or bench trials. The 6 th Amendment guarantees criminal defendants the right to a trial by jury. Most cases do not end in a trial – they are plea bargained.  Sentencing - Judges traditionally have considerable discretion.  Sentences on multiple charges can be served:  consecutively–one after another  concurrently–served at the same time

Corrections Once sentenced, the “corrections” phase begins.  Not everyone will be sent to prison. Community corrections, like probation, are common.

 That’s it for tonight everyone! Great first seminar!  Next week we will discuss the factors that contribute to crime, such as substance abuse, economic conditions, and family strife. The different theories attached to criminal behavior, including cognitive, rational choice, learned behavior, sociological, and mental illness.  Don’t forget to post to the discussion boards early in the Kaplan week!  As always, if you have questions, feel free to contact me.  Have a great week! See you on the boards!  Cheryl