1. Criminology Lesson 1 Crime in the United States
Stankiewicz

2. “He who profits by a crime commits it”
- Seneca (Roman Philosopher)
“If you share your friend's crime, you make it your own”
– Latin Proverb
The real significance of crime is in its being a breach of faith with the community of mankind
- Joseph Conrad, Polish writer/statesman

3. What is Crime?
?????????

4. Essential Questions and Learning
How does the type of crime routinely presented by the media compare with crime routinely committed?
How is criminal justice an institution of social control?
How does the criminal justice system respond to crime?

5. Essential Questions and Learning - 2
What are the major costs involved in the criminal justice system?
Are there any myths about crime and the criminal justice system that need to be resolved?
What are some of the basic definitions and vocabulary associated with the Criminal Justice system?

6. Criminal Justice: an Institution of Social Control
A primary role of institutions of social control is to persuade people, through subtle and not so subtle means, to abide by the dominant rules of society

7. Criminal Justice: an Institution of Social Control - 2
Subtle Persuasion:
Peer pressure, gossip, instructions
No So Subtle Persuasion:
Expulsion, incarceration …death

8. Criminal Justice: The System
Criminal justice in the US
Administered by a loose confederation of federal, state and local governments
50,000 different entities involved
Police, courts, and corrections
All together referred to as the Criminal Justice system

9. Criminal Justice: The System - 2
Jurisdiction: a politically defined geographical area
City, county, state, nation, overseas
Sometimes overlap as in a joint-jurisdiction between Federal and State

10. Criminal Justice: The System - 3
Criminal Justice Responses to Incidents
Misdemeanors
Felonies

11. Misdemeanor
A less serious crime generally punishable by a fine or by incarceration in jail of less than one year (364 days)

12. Felony
A serious offense punishable by confinement in prison for more than 1 year
All the way to death

13. How the System Begins An incident (crime is committed)
Report or discovered
Investigation
Arrest
Booking
Referral to court system

14. Arrest and Booking
Arrest: the seizing and detaining of a person by lawful authority
Booking: the administrative recording of the arrest
Involves entering name, the charge, and the fingerprints and photograph in the police blotter

15. Courts and Correction
After a suspect is arrested and booked, a prosecutor reviews the facts and evidence to see if case should go forward
Prosecutor decides to charge the suspect with crimes of drop the case
Stages: pretrial, trial and correction

16. Pretrial Stages Charges filed Suspect becomes known as “defendant”
Defendant brought before a lower court for initial appearance

17. Initial Appearance Defendant given formal notice of charges
Defendant advised of his/her constitutional rights
In case of a misdemeanor can have a summary trial
In a felony, a hearing is held to determine whether a defendant should be released or whether there is probable cause for a preliminary hearing

18. Summary Trial An immediate trial without a jury
Usually for misdemeanors

19. Probable Cause
A standard of proof that requires evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified

20. Next Steps
If a suspect is to be held for a preliminary hearing, bail is set, if the judge believes release on bail is appropriate
Considers whether the defendant is a flee risk or that the crime is so heinous that letting the defendant out of jail is detrimental to society

21. Bail
Usually a monetary guarantee deposited with the court to ensure that defendants will appear at a later stages in the criminal justice process

22. Preliminary Hearing Used only in felony cases Purpose:
Determine whether there is probable cause to believe the defendant committed the alleged crime

23. Preliminary Hearing - 2 If judge finds there is probable cause
Defendant is bound over for possible indictment if state has a grand jury or for arraignment in states that do not have grand juries
If indicted the defendant goes to trial
If a Grand Jury fails to indict the prosecution must be dropped

24. Grand Jury About half states have them Grand Jury
A group of citizens who meet to investigate charges coming from preliminary hearings

25. States without a Grand Jury
Prosecutors charge defendants with a document called an information
An Information: a document that outlines the formal charge or charges against a defendant and evidence to support the charges

26. Once an Indictment or Information is Filed with the Trial Court
Defendant is scheduled for arraignment
Arraignment: a pretrial stage to hear the information or indictment and to enter a plea
Plea: guilty or not guilty

27. Plea Bargaining
95 % of criminal defendants plead guilty to charges against them if brought to arraignment
Plea bargaining: The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed upon charge instead of going to trial

28. Trial
If defendant pleads not guilty or not guilty by reason of insanity case goes to trial
Bench Trial: a trial before a judge without a jury
2% jury trial
3% bench trial

29. Corrections
Judges are limited by the US Constitution’s 8th Amendment in their sentencing
8th amendment prohibits cruel and unusual punishment

30. Corrections
Judges are also limited by statutory provisions

31. Corrections Judges are guided by other inputs: Often very important:
Philosophical rationale
Organizational Considerations
Presentence investigative reports
Often very important:
Personal Characteristics

32. Presentence Investigation
A report used in the federal system and most states to help judges determine appropriate sentences

33. Types of Punishments in US
Fines
Probation
Intermediate Punishments
More restrictive than probation but less than imprisonment
Imprisonment
Death

34. Punishment Defendants found guilty can appeal their punishments
Appeals based on:
Constitutional grounds
Legal grounds

35. Appeal Constitutional Grounds Legal Grounds Defects on jury selection
Illegal search and seizure
Improper questioning
Defective line-up
Incompetence of counsel
…and so on
Legal Grounds
Defects on jury selection
Improper admission of evidence
Mistaken interpretation

36. Appellate Court Can either affirm (agree) Modify
Remand (retrial or resentencing)

37. Sentencing
A defendant sentenced to prison MAY be eligible for parole after serving a portion of his/her sentence
Parole: Can either affirm (agree)
Modify
Remand (retrial or resentencing)

38. Criminal Justice: Non-System
There is no single criminal justice system in the US
Loose confederation of many independent criminal justice agencies at all levels of government

39. Two Models of Criminal Justice
Due Process Model
Crime Control Model
Both are ideal types none of which corresponds exactly with the practice of day to day criminal justice

40. Due Process Model - 1 Traditional liberal values
Reject the informal fact-finding process as definitive of factual guilt
Insist on formal adjudicative fact finding process in which cases against suspects are heard publically by impartial courts

41. Due Process Model - 2
Based on the doctrine of legal guilt and the presumption of innocence

42. Due Process Model - 3
The principle that people are not guilty of crimes merely on a showing , based on reliable evidence, that in all probability they did the act

43. Due Process Model and Legal Guilt
Legal guilt results only when factual guilt is determined in a procedurally regular fashion, as in criminal trial, and when the procedural rules designed to protect the defendant and to safeguard the integrity of the process are employed

44. Due Process Model Safeguards
Freedom from unreasonable search and seizures
Protection from double jeopardy
Protection against self-incrimination
A speedy and public trial
Impartial jury
Notice of accusation
Right to confront opposing witnesses
Right to counsel
Own favorable witnesses
Prohibition from cruel and unusual punishment

45. Due Process Model - 4
In the Due Process Model, factual guilt is not enough
For people to be found guilty of crimes, they must be found BOTH factually and legally guilty
Very concerned of the rights of defendants

46. Due Process Model - 5
Defenders of this model state the Due Process Model defends he ideal personal freedom and protection.
The model rests on the assumption that preventing tyranny by the government and its agents is the most important function of the criminal justice system

47. Due Process Model - 6
Critics say they are more concerned with protecting the defendant than the victim

48. Crime Control Model - 1
Reflects traditional Conservative Views

49. Crime Control Model - 2
In the Crime control Model, the control of criminal behavior is by far the most important function of the Criminal Justice System

50. Crime Control Model - 2
Illegal means of investigation are not condoned or advocated
The primary focus is on the efficiency of the criminal justice process

51. Crime Control Model - 3
Crime Control Model often prefers plea bargaining
Key is presumption of guilt

52. Crime Control Model - 4
Advocates assume that if the investigative agency has expended the time and effort to arrest a suspect and the prosecutor has formally charged the suspect with a crime, then the suspect is probably guilty

53. Crime Control Model - 5 Statistically this is based on fact
Most people who are arrested and charged with a crime are found guilty
Goes against the American principle that a person is innocent until proven guilty

54. Costs of Criminal Justice System
An enormous amount of money is spent each year on criminal justice in the US
2004 Federal, State and local spent $194 billion
Police protection $89 billion
Judicial/Legal services $43 billion
Corrections 62 billion
Most money spent at state and local levels

55. Myths of Criminal Justice System
Crime represented by the media is usually more sensational than crime actually committed TV
Solved easier than in reality

56. Summary
Questions

57. Selected References
Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011