1. Chapter 1 Crime and Criminal Justice

2. Developing the Criminal Justice System
Urbanization in the East and expansion in the West led to the development of more formal criminal justice systems.
Citizens’ advocacy groups (Chicago Crime Commission) advocated for justice and oversaw criminal justice agencies.
The Wickersham Commission (1931) was the first complete analysis of the criminal justice system.
LO1 – Discuss the formation of the criminal justice system in America.
Westward expansion included an increase in crime like cattle rustling, train robbing and land wars. This era produced numerous legendary law enforcement officers (Wyatt Earp) and infamous law breakers (Billy the Kid)
Urbanization in Eastern cities produced large and deadly urban gangs (North End Gang, Dead Rabbits, Plug Uglies, and Hudson Dusters operated in New York and Boston. These gangs were much more prolific than contemporary gangs. The produced a sense of lawlessness and caused a public outcry.
In response, local governments created the first justice agencies.
1838 – Boston Police Department formed
1844 – New York Police Department formed
1854 – Philadelphia Police Department formed
The penitentiary system was created to provide nonphysical correctional treatment for convicted offenders.

3. Developing the Criminal Justice System
The Modern Era of Justice
Research in the 1950’s (American Bar Foundation) found a disjointed system that was largely hidden from public scrutiny.
Recognized the need to integrate the components of the criminal justice system.
LO1 – Discuss the formation of the criminal justice system in America
Prior to the American Bar Foundation report the criminal justice system (as we now know it) did not exist. It was a series of unconnected justice agencies (police, courts, corrections). Much of the work these justice agencies did was far from the purview (and sanctioning) of the public.
The first use of the term “criminal justice system” occurred in the American Bar Foundation’s report.

4. Developing the Criminal Justice System
Federal Involvement in Criminal Justice
In 1967, President Lyndon Johnson created the President’s Commission on Crime and Administration of Justice.
Their final report (The Challenge of Crime in a Free Society) identified numerous challenges in the criminal justice process.
In 1968, Congress passed the Safe Streets and Crime Control Act.
Provided funding at the local level for research and improvement of justice systems.
LO1 – Discuss the formation of the criminal justice system in America.
It is important to recall the historical context associated with the President’s Commission on Crime and the Administration of Justice, commonly called The Crime Commission.
The 1960’s were a turbulent time in American history. Protests relating to the Vietnam War, social and economic justice, and civil rights influenced President Johnson’s decision. Frankly, there was sufficient evidence that the criminal justice system, as a whole, was not functioning fairly or efficiently.
The Safe Streets Act provided funding for the National Institute of Law Enforcement and Criminal Justice. This organization later became the National Institute of Justice. Throughout its history the NIJ has supported and funded the evaluation and implementation of innovative demonstration projects designed to improve the criminal justice system.
The Law Enforcement Assistance Administration (LEAA) provided funding for actual research on criminal justice issues. Eventually the LEAA was defunded and later became the Bureau of Justice Assistance. Support for criminal justice research from the federal government continues today.

5. The Contemporary Criminal Justice System
The criminal justice system is society’s instrument of social control.
The criminal justice system responds to dangerous behavior.
Criminal justice agencies apprehend, adjudicate and sanction law breakers.
The criminal justice system resides in every branch (executive, judicial, and legislative) of government.
LO2 – Be able to define the concept of a criminal justice system.

6. The Contemporary Criminal Justice System
The principal components of the criminal justice system are;
Law enforcement agencies that investigate crimes and apprehend suspects,
Court agencies that conduct trials and sentence offenders, and
Correctional agencies that monitor and rehabilitate offenders.
LO3 – Be familiar with the basic component agencies of criminal justice.

7. The Contemporary Criminal Justice System
The size and cost of criminal justice is staggering.
$200 billion annually, up more than 300 percent since 1982
18,000 law enforcement agencies employ 800,000 officers and support personnel.
17,000 courts and 8,000 prosecutorial agencies.
6,000 institutional corrections agencies and more than 3,500 probation and parole departments.
LO4 – Comprehend the size and scope of the contemporary criminal justice system.
The system is large because it must process, treat and care for millions of people.
Even though the crime rate has dropped, more than 12,000,000 people are arrested each year. A substantial portion of these are then processed through the court and correctional systems.
Today more than 7,000,000 people are under some form of correctional supervision. 2,000,000 of these are in jails or prisons. 5,000,000 of these are on probation of parole.
The states now spend $50 billion each year on corrections.
The average cost to house and supervise a single inmate is $28,000 and in one fourth of the states this costs is $40,000 or more.

8. The Formal Criminal Justice Process
Initial contact
Investigation
Arrest
Custody
Charging
Preliminary hearing/grand jury
Arraignment
Bail/detention
Plea bargaining
Trial/adjudication
Sentencing/disposition
Appeal/post conviction
Correctional treatment
Release
Postrelease
LO5 – Trace the formal criminal justice system.
The fifteen steps in the formal criminal justice system.
Initial contact – in most cases this involves a police officer observing a crime or being dispatched to a crime scene.
Investigation – involves the collection of evidence, including witness statements, that produce the probable cause necessary to arrest a person suspected of committing the crime.
Arrest – a legal condition wherein an individual’s freedom is restricted by the police. All arrests must be based on probable cause.
Custody – following arrest, suspects are detained. In some cases the investigation process continues.
Charging – a formal process wherein the police present the evidence to a prosecutor and, usually by mutual agreement, a decision is made on the most appropriate offense based on the available evidence.
Preliminary hearing/grand jury – depending on the jurisdiction, during this step the evidence is reviewed objectively. The initial charge may be accepted as is, modified or nullified.
Arraignment – a formal process wherein the suspect is informed of the charges and asked to enter a plea (guilty, not guilty or nolo contendre)
Bail/detention – a formal process wherein the decision is made on whether to release suspect from custody pending trial. Bail is a payment to the court (in cash or tangible property) that insures the suspect will return for adjudication.
Plea bargaining – a formal process wherein the prosecutor and defense attorney bargain for a change in the defendant’s plea. The defense attorney wants the least punitive outcome and the prosecutor wants to avoid a trial and insure the most punitive outcome. The strength of the evidence against the defendant often determines the outcome of this process.
Trial/adjudication – a formal process wherein the prosecutor presents the evidence and attempts to remove reasonable doubt of the defendant’s guilt. This is an adversarial process where in the defense attorney is expected to refute the evidence.
Sentencing/disposition – if convicted the offender is sentenced to pay a fine, a term of imprisonment or probation.
Appeal/postconviction remedies – following conviction the defense may ask the court to set aside the verdict or ask a higher court to reverse the decision.
Correctional treatment – after sentencing the offender is placed in the custody of a correctional system – institutional or community based. While there the offender may receive rehabilitative training.
Release – after the offender has served his time he is released and can return to society. Most incarcerated offenders are release early to parole.
Post release – in some situations exoffenders may be required to continue treatment and supervision in a community based program like a halfway house or pre-release facility.

9. The Formal Criminal Justice Process
The Criminal Justice Assembly Line
Some view the criminal justice process as an assembly line in a factory.
Conveyer belt
Endless supply of cases
Others view it as a funnel.
Large number of cases entering the system
For numerous reasons cases exit the process
Leaving only relatively few cases that progress through the entire process.
LO6 – Know what is meant by the term criminal justice assembly line.

10. The Informal Criminal Justice Process
Traditionally the process is viewed as a series of formal decision points.
In reality, cases are often settled informally through cooperative agreements.
Plea bargaining
Discretion
Desire to preserve resources for more serious cases.
The courtroom work group
LO7 – Characterize the informal criminal justice system.
The courtroom work group includes the prosecutor, defense attorney, judge and other personnel. These individuals often work cooperatively to streamline the criminal justice process.

11. FIGURE 1.3 The Criminal Justice “Wedding Cake”
Source: Based on Samuel Walker, Sense and Nonsense About Crime, Drugs, and Communities (Belmont, CA: Cengage, 2010).

12. The Informal Criminal Justice Process
The criminal justice system can be viewed as a four layer wedding cake.
Level one – Celebrated cases
Level two – Serious felonies
Level three – Less serious felonies
Level four – Misdemeanors
The smallest number of cases receive the most public attention.
LO8 – Describe the “wedding cake” model of justice.
The wedding cake model was proposed by Samuel Walker a justice historian and scholar.
Discuss how the smallest later of a wedding cake gets the most attention because it has the statue of the bride and groom on it.
Likewise the smallest number of cases receive the most amount of attention.

13. Discussion
How are Level I cases different from the other levels? Take for example Charlie Sheen, a popular actor…and a drug abuser who has been the subject of interest in repeated incidents of violence, destruction of property, and erratic behavior. Form small groups and discuss the perceptions of bias in the criminal justice system regarding issues of fame, wealth, or social status. Identify a student from within each group to summarize those perceptions.

14. Perspectives on Justice
There are a variety of perspectives on justice:
Crime Control Perspective
Rehabilitation Perspective
Due Process Perspective
Nonintervention Perspective
Equal Justice Perspective
Restorative Justice Perspective
LO9 – Be familiar with the various perspectives on justice.

15. Perspectives on Justice
Crime Control Perspective
Deter crime through the application of punishment.
The more efficient the system, the greater its effectiveness.
The justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty.
LO9 – Be familiar with the various perspectives on justice.

16. Perspectives on Justice
Rehabilitation Perspective
Care for people who cannot manage themselves.
It is better to treat than to punish.
Criminals are society’s victims.
Helping others is part of the American culture.
Convicted criminals can be successfully treated.
LO9 – Be familiar with the various perspectives on justice.

17. Perspectives on Justice
Due Process Perspective
Provide fair and equitable treatment for the accused.
Every person deserves their constitutional rights and privileges.
Constitutional rights and democratic ideals take precedence over punishment.
Decisions must be carefully scrutinized to avoid errors.
LO9 – Be familiar with the various perspectives on justice.

18. Perspectives on Justice
Nonintervention Perspective
Criminal justice agencies should limit involvement with criminal defendants.
Labeling individuals as criminals is harmful and disruptive.
Stigmas lock people into a criminal way of life.
Decriminalize, divert, and deinstitutionalize.
LO9 – Be familiar with the various perspectives on justice.

19. Perspectives on Justice
Equal Justice Perspective
Equal treatment for equal crimes.
Decision making is standardized and structured by rules and regulations.
Individual discretion reduced and controlled.
Inconsistent treatment produces disrespect for the system.
LO9 – Be familiar with the various perspectives on justice.

20. Discussion
The News Channel RTAmerica discusses the criminal justice system. In light of high-profile criminal cases headlining America's TV screens - the Casey Anthony trial and the DSK case -- RT's Anastasia Churkina takes a look at the ties between the U.S. criminal justice system, the media and the court of public opinion. How are the media, court, and public opinion related and/or independent from each other?
Watch the video “Guilty until prove innocent – criminal justice in America” at

21. Perspectives on Justice
Restorative Justice Perspective
Offenders should be reintegrated back into society.
Coercive punishments are self-defeating
Justice system must become more humane.
LO9 – Be familiar with the various perspectives on justice.

22. Perspectives on Justice
Perspectives in Perspective
No single perspective is inherently just.
During the past decade the crime control and equal justice models have dominated.
Rehabilitation, due process, and the least-intrusive treatment have not been completely abandoned, only diminished.
LO9 – Be familiar with the various perspectives on justice.

23. Ethics in Criminal Justice
Justice personnel function in an environment where moral ambiguity is the norm.
Enormous power is granted to criminal justice employees.
Justice employees often have considerable discretion in decision making.
LO10 – Understand the ethical issues involved in criminal justice.

24. Ethics in Criminal Justice
Ethics in Law Enforcement
Police have authority to deprive people of their liberty.
Police serve as the interface between the power of the state and citizens it governs,
Most of what happens in policing is done far away from active supervision.
LO10 – Understand the ethical issues involved in criminal justice.
The police have a unique ethical perspective. The vast majority of individuals that enter the criminal justice system do so through a police/citizen contact. If a police officer decides to take action then a case is born. If not then a case is seldom initiated.

25. Ethics in Criminal Justice
Ethics in the Courts
Prosecutors have roles that sometimes conflict
Representing the people
Representing the court.
Ethics and corrections
Corrections workers have significant coercive and punitive power of incarcerated offenders.
LO10 – Understand the ethical issues involved in criminal justice.