© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Schmalleger, Criminal Justice: A Brief Introduction, 10e Chapter 1 What is Criminal Justice? 1

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Distinguish between the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice. Connect the history of crime in America to the corresponding changes in the American criminal justice system. Identify the three components the American criminal justice system and match their respective functions. CHAPTER OBJECTIVES Follow the process of American criminal justice, including the stages of criminal case processing.

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved CHAPTER OBJECTIVES, continued Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. Describe the role of evidence-based practice in contemporary criminal justice. 1.5 Define due process of law, including where the American legal system guarantees due process

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.1 Connect the history of crime in America to the corresponding changes in the American criminal justice system.

Public perception crime rates up Offenders unpunished “Get tough on crime” era Sale and use of illicit drugs Increased crime President Reagan declared a “war on drugs” The civil rights movement Murder, rape, and assault increased considerably Concern for people with physical and mental challenges 1990s A Brief History of Crime in America s Civil War Widespread immigration Crime epidemic Prohibition Organized crime

Epidemic of mass shootings and random violence sweeps public venues across the U.S. FBI most- wanted terrorist Osama Bin Laden killed by U.S. special operations forces in Pakistan Bernard Madoff Largest Ponzi scheme in history A Brief History of Crime in America Rodney King video Bombing of the Alfred P. Murrah Federal Building and Columbine HS massacre Emphasis on individual accountability Law enforcement involves a global effort at controlling crime USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies

Knowledge Check Question!!! During the 1960s and 1970s, the dominant philosophy in American criminal justice focused on guaranteeing the rights of criminal defendants while seeking to understand the root causes of crime and violence. 1.True 2. False

1.2 Distinguish between the public-order (crime- control) and individual-rights (due-process) perspectives of criminal justice Individual Rights vs. Public Safety

9 1.2 Individual Rights Public Order Individual Rights vs. Public Order

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

Knowledge Check Questions!!!! 1.2 This is one who seeks to protect personal freedoms within the process of criminal justice. 1.Public-order advocate 2.Conflict theorist 3.Individual-rights advocate 4.All the above

1.3 Identify the three components the American criminal justice system and match their respective functions. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 1.3 Fig. 1-3

Knowledge Check Questions!!!! 1.3 Law Enforcement Courts Corrections Determine Guilt or innocence Investigate Crimes Apprehend Offenders Carry Out Sentences Rehabilitate Maintain Public Order Impose Sentence

1.3 Consensus Model Various parts of the justice system work together. Conflict Model Components of the justice system function to serve their own interests. vs. 15 Criminal Justice System Structure

Knowledge Check Question!!! 1.3 This is a criminal justice perspective that assumes that the system’s components work together harmoniously to achieve justice. 1.Conflict model 2.Crime control model 3.Interactionist model 4.Consensus model

1.4 Follow the process of American criminal justice, including the stages of criminal case processing. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes

Arrest: Warrant: 1.4 Investigation and Arrest 18 Stages of Case Processing Investigation:

Criminal Justice Process Investigation: Evidence collected reconstruction of criminal event Warrant: Writ (formal order) issued by judge directing officer to perform an act and protects officer from damages Arrest: Act of taking an adult or juvenile into custody

Arraignment Trial Corrections (and potentially reentry) Corrections (and potentially reentry) Sentencing 20 Information/ Indictment First Appearance Booking Preliminary Hearing What happens after arrest? 1.4 Criminal Justice Process

Criminal Justice Process Booking A law enforcement or correctional administrative process of officially recording an entry into detention after arrest First Appearance Formally notified of the charges Advised of their rights Given the opportunity to retain a lawyer or have one appointed to represent them May be afforded the opportunity for bail

Criminal Justice Process Preliminary Hearing Occurs before a judicial officer; allows the defense to assess the strength of the prosecution’s case Purpose is to determine the following: Whether a crime had been committed Whether the crime was committed within the jurisdiction of the court Whether there are reasonable grounds to believe that the defendant committed the crime

Criminal Justice Process Information A formal written accusation submitted to a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s) Indictment A formal written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specified offense, usually a felony

Criminal Justice Process Arraignment Hearing before the court having jurisdiction in a criminal case in which the… Identity of the defendant is established. Defendant is informed of the charges against him/her. Defendant is informed of his/her rights and requested to enter a plea. Trial Examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal

Criminal Justice Process Sentencing A number of difference sentencing options exist, from fines to the death penalty Corrections The sentence is carried out Probation/parole options follow after a portion of the correction sentence has been served Reentry Following corrections, an offender may be returned to the community

Knowledge Check Question!!! 1.4 The American criminal justice process begins with an investigation usually followed by a (n) ________. 1.Arraignment 2.Investigation 3.Indictment 4.Warrant

Knowledge Check Question!!! 1.4 Which stage in the criminal justice process will the accused be ask to enter a plea? 1.Arraignment 2.Investigation 3.Indictment 4.Warrant

1.5 Define due process of law, including where the American legal system guarantees due process Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes

29 Due Process and Individual Rights 1.5 Individual Rights – The rights guaranteed to all members of American society by the U.S. Constitution Due process - A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U. S. Constitution 5 th Amendment 5 th Amendment 6th Amendment 6th Amendment 14th Amendment 14th Amendment

Herbert L. Packer Identified Two Models in 1968— The Crime Control and Due Process Models Due Process and Individual Rights

1.6 Describe the role of evidence-based practice in contemporary criminal justice. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes

32 Evidence-Based Practice in Criminal Justice 1.6 Evidence-Based Practices refers to crime-fighting strategies that have been scientifically tested Are based on social science research

1.7 Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes

34 Multiculturalism and Diversity in Criminal Justice 1.7 Multiculturalism The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems Is one form of diversity The diverse values, perspectives, and behaviors characteristic of various groups within society have a significant impact on the justice system