1. Chapter 1 Crime and Criminal Justice

2. Learning Objectives
Discuss the formation of the criminal justice system in America
Be able to define the concept of a criminal justice system
Be familiar with the basic component agencies of criminal justice
Comprehend the size and scope of the contemporary justice system
Trace the formal criminal justice process

3. Learning Objectives
Know what is meant by the term “criminal justice assembly line”
Characterize the “informal criminal justice system”
Describe the “wedding cake” model of justice
Be familiar with the various perspectives on justice
Understand the ethical issues involved in criminal justice

4. Introduction: The Criminal Justice System
System of:
Law enforcement
Courts
Corrections
Directly involved in the:
Apprehension
Prosecution
Control of those who violate the law

5. Introduction: The Criminal Justice System
Protecting the public
Maintaining order
Enforcing law
Identifying transgressors
Bringing the guilty to justice
Treating criminal behavior

6. Introduction: The Criminal Justice System
Describe, analyze and explain the behavior of criminal justice agencies:
Police departments
Courts
Correctional agencies

7. Developing the Criminal Justice System
A surge of violent crime in 19th century America
Famous outlaws, criminal gangs
Flourished in largest cities
Criminal justice agencies developed as criminal gangs formed
In 1829 the London Metropolitan Police, the first police agency

8. Developing the Criminal Justice System
First police agencies created in the U.S:
Boston (1838)
New York (1844)
Philadelphia (1854).
The penitentiary was created
In 1919 the Chicago Crime Commission was
created

9. Developing the Criminal Justice System
In 1931 President Herbert Hover appointed the National Commission of Law Observance and Enforcement commonly known as the Wickersham Commission.
Commission made a detailed analysis of the U.S. justice system
Helped usher in the era of treatment and rehabilitation

10. The Modern Era of Justice
Began in the 1950’s with a series of research projects
Criminal justice procedures and their interrelationship were examined:
Investigation
Arrest
Prosecution
Pleas negotiation

11. Federal Involvement in Criminal Justice
President’s Commission on Law Enforcement and Administration of Justice published The Challenge of Crime in a Free Society
A group of practitioners, educators, and attorneys created a comprehensive view of the CJ process and recommended reforms
Congress passed Safe Streets and
Crime Control Act
Funded the Law Enforcement Assistance Administration
Federal government continues to fund the
NIJ and the BJA

12. The Contemporary Criminal Justice System
Society’s instrument of social control
Task is to prevent or deter outlawed behavior by:
Apprehending
Adjudicating
Sanctioning Lawbreakers

13. The Contemporary CJS Three main components: Law enforcement agencies
Investigate & arrest
Court agencies
Charge, conduct trial and sentence
Correctional agencies
Monitor, treat, rehabilitate offenders

14. The Contemporary CJS State and local criminal and civil justice
Costs $215 billion (up 300 percent since 1982)
Employs more than 2 million people
18,000 local law enforcement agencies employ 1,000,000 people
800,000 are full-time sworn, remainder are:
Part-time officers
Civilian employees

15. The Contemporary CJS There are approximately: Costs: 17,000 courts
8,000 prosecution agencies
6,000 correctional institutions
3500 probation and parole departments
Costs:
$100,000 to build a prison cell
$25,000 yearly to house an inmate
$30,000 yearly to house a juvenile inmate

16. The Contemporary CJS Arrest and Court Populations:
14 million individuals arrested each year
1 million convicted of felony charges in state and federal courts
1 ½ million juveniles handled by juvenile courts

17. The Contemporary CJS Corrections:
More than 7 million people under some form of correctional supervision
2 million in jails and prisons
5 million in community supervision:
Probation
Parole

18. The Formal Criminal Justice Process
Crime Report
Investigation
Arrest
Custody
Charging Factors
Preliminary hearing/Grand Jury
Arraignment
Bail/Detention
Plea Bargaining
Trial/Adjudication
Sentencing/Disposition
Appeal/Post-Conviction Remedies
Correctional Treatment
Release
Post-Release

19. The Formal Justice Process

20. Criminal Justice Assembly Line
There are decision points at each of the stages of the assembly line
Each decision point is critical
The justice process is viewed as a funnel for cases

21. The Informal CJ Process
Most criminal cases are cooperative ventures in which all parties work together to work out a deal
Courtroom Work Group:
Prosecutor
Defense attorney
Judge
Other court personnel
80-90% of all cases are settled without trials

22. The Informal CJ Process
The “Wedding Cake” Model of Justice:

23. 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

24. 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

25. Perspectives on Justice
Rehabilitation Perspective Assumptions
Care for people who cannot manage themselves
It is better to treat than punish
Criminals are society’s victims
Helping others is part of the American culture
Convicted criminals can be successfully treated

26. Perspectives on Justice
Due Process Perspective
Provisions for fair and equitable treatment for the accused
Every person deserves their constitutional rights and privileges
Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty
Decisions must be carefully scrutinized to avoid errors

27. Perspectives on Justice
Nonintervention Perspective
Criminal justice agencies should limit involvement with criminal defendants
Labeling individuals as criminals is harmful and disruptive
Stigma locks people into a criminal way of life
Decriminalize, divert, and deinstitutionalize

28. Perspectives on Justice
Equal Justice Perspective
Equal treatment for equal crimes
Decision making standardized and structured by rules and regulations
Individual discretion reduced and controlled
Inconsistent treatment produces disrespect for the system

29. Restorative Justice Perspective
Offenders should be reintegrated back into society
Coercive punishments are self-defeating
Justice system must become more humane

30. Perspectives in Perspective
During the past decade crime control and equal justice models have dominated
Rehabilitation, due process, and the least- intrusive treatment have not been abandoned
There is no single view that is the right or correct view

31. Ethics in Criminal Justice
Justice personnel function in an environment where moral ambiguity is the norm
Enormous power granted to criminal justice employees
Ethics and law enforcement:
Police have authority to deprive people of their liberty
Police are granted wide discretion
Police serve as the interface between the power of the state and citizens it governs

32. Ethics in Criminal Justice
Ethics and the courts:
Seeks justice for all parties in a criminal matter
Prosecutor has dual-role:
Represents people
Represents the court
Defense Attorney has dual-role:
Defense advocate
Officer of the court
Ethics and corrections - significant coercive power over offenders

33. Discussion Questions
What is the appropriate response to ethical violations by a district attorney?
How does the media play a part in such charges?
Should the media be allowed to televise criminal court proceedings?

34. Ethics Charges in the Duke Rape Case