1. 1 Components of Criminal Justice PoliceCourtsCorrections The Criminal Justice System Components of Criminal Justice Components of Criminal Justice

2. 2 Role of the Police Maintain order Investigation and Arrest Provide emergency service “GATE KEEPERS”

3. 3 Types of Police Agencies Municipal (city cops) County Level (Sheriff) State Level (State Troopers) Federal (FBI, Secret Service, DEA)

4. 4 Role of the Courts To seek truth & obtain justice To adjudicate & sentence Consists of:  Misdemeanor  Felony  Appellate To seek truth & obtain justice To adjudicate & sentence Consists of:  Misdemeanor  Felony  Appellate

5. 5 Prosecution and Defense Opponents in an adversarial system Prosecutor represents the people Defense represents the accused vs.

6. 6 Role of Corrections Probation Intermediate Sanctions Prisons Post-Release Supervision What does corrections correct?

7. 7 Juvenile Justice System Delinquents (juveniles who commit crime) Clients are: Delinquents (juveniles who commit crime) Status Offenders (truants, runaways, incorrigible or unmanageable juveniles) Delinquents (juveniles who commit crime) Clients are: Delinquents (juveniles who commit crime) Status Offenders (truants, runaways, incorrigible or unmanageable juveniles)

8. 8 Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated

9. 9 Models of Criminal Justice Herbert Packer (1964)  First, what a great last name!  Crime Control Model “Assembly Line” Goal = punish criminal offenders, maintain order  Due Process Model “Obstacle Course” Goal is eliminating errors, limit abuses of the system

10. 10 Procedural Law Procedural laws control the action of the agencies of justice and define the rights of criminal defendants Procedural laws control the action of the agencies of justice and define the rights of criminal defendants

11. 11 Bill of Rights First ten amendments to the U.S. Constitution. First ten amendments to the U.S. Constitution. Purpose is to prevent government from usurping the personal freedom of citizens. Purpose is to prevent government from usurping the personal freedom of citizens. Applied to state actions through the use of the Due Process clause of the 14th Amendment. Applied to state actions through the use of the Due Process clause of the 14th Amendment. First ten amendments to the U.S. Constitution. First ten amendments to the U.S. Constitution. Purpose is to prevent government from usurping the personal freedom of citizens. Purpose is to prevent government from usurping the personal freedom of citizens. Applied to state actions through the use of the Due Process clause of the 14th Amendment. Applied to state actions through the use of the Due Process clause of the 14th Amendment.

12. 12 Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

13. 13 Exclusionary Rule The exclusionary rule is not in the Constitution. It is the product of the United State Supreme Court Weeks v. U.S. (1914) Mapp v. Ohio (1961) The exclusionary rule is not in the Constitution. It is the product of the United State Supreme Court Weeks v. U.S. (1914) Mapp v. Ohio (1961)

14. 14 Fifth Amendment Deals with admissibility of illegally obtained confessions and self-incrimination. Deals with admissibility of illegally obtained confessions and self-incrimination. Miranda v Arizona governs custodial interrogations. Miranda v Arizona governs custodial interrogations. Contains double jeopardy clause. Contains double jeopardy clause. Contains “Due process” as it applies to the federal government. Contains “Due process” as it applies to the federal government. Deals with admissibility of illegally obtained confessions and self-incrimination. Deals with admissibility of illegally obtained confessions and self-incrimination. Miranda v Arizona governs custodial interrogations. Miranda v Arizona governs custodial interrogations. Contains double jeopardy clause. Contains double jeopardy clause. Contains “Due process” as it applies to the federal government. Contains “Due process” as it applies to the federal government.

15. 15 “Shaping” Rules Rules are typically created through judicial decisions (case law) Subsequent cases provide judges the opportunity to clarify, tighten or broaden past rules  Example = “good faith” exceptions to the exclusionary rule

16. 16 Beyond Packer Ideology  Conservative vs. Liberal History of Crime Control in the U.S.  Pre-1850s  1850s-1920s  1920s-1960s (Progressive Era)  1960s-1970s (Turmoil)  1980s-??? (Crime Control Era)

17. 17 History of Criminal Justice Prior to the 1800s  Humans viewed as “depraved” and immune to change  Purpose of CJ system = punishment Punishment = corporal and public 1850s-1900  Enlightenment/Classical School  Prison becomes primary punishment tool Belief that discipline/regiment could cure Match punishment with severity of crime

18. 18 The Progressive Movement Faith in the Government to Cure Social Ills Progressives = middle class men and women. Social Ills = poverty, working conditions, crime. Criminal Justice  Indeterminate Sentencing  Rehabilitation  Juvenile Justice system  Probation and Parole.

19. 19 Turmoil in the 1960s and Early 1970s Liberals (progressives)  We can no longer trust the government Conservatives  Rehabilitation = “coddling”  Coddling criminals has created more crime and disorder—Get back to “classical school”  The Due Process Movement has hurt crime control efforts

20. 20 Strange Bedfellows 1970-1980 Liberals = Justice Model  Reduce discretion through determinate sentencing and sentencing guidelines  Abolish parole  Shorten Sentences Conservatives = Crime Control Model  Reduce discretion through determinate sentences and sentencing guidelines  Abolish parole  Lengthen sentences

21. 21 The Conservative Agenda Wins Out 1980s--???? Crime Control Model  Rehabilitation Doesn’t work  Harsh Sentences Deter Crime  Incapacitation Works  Policy Abolish parole Enact sentencing guidelines (Increase Sentence Length) Mandatory minimum sentences 3 Strikes Legislation Increase Use of Death Penalty

22. 22 Current Liberal Ideology Justice Model Liberals  “Prevent Harm”  Focus on Social Inequality/Root Causes Re-affirm Rehabilitation  Also focus on “prevention” programs “Restorative Justice”  Mediation, Sentencing Circles, etc.