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Crime & An Introduction to the Criminal Justice System Chapter 1 In Your Textbook John Massey Criminal Justice
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Crime defined ► Why do we have a criminal justice system? ► Why do we have a college introductory course in criminal justice? ► Defined: ► Wrong committed against society which has been proclaimed by law and when the action is committed in certain circumstances, it is punishable by society as a whole. ► CONSENSUS & CONFLICT MODELS
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Consensus & Conflict Models ► Consensus Model ► Majority agreement People gather as a group, form a society together Agree to what is right and wrong ► Conflict Model Larger societies Diverse segments of society, different value systems/norms Constant struggle between separated segments
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The Purpose of the System ► Three main goals ► Control crime, prevent crime, provide/maintain justice ► How does the system control crime? Arrest, prosecute, punish ► How does the system try to prevent crime? Harsh punishment prevents others from committing a similar crime ► How does the system provide and maintain justice? Fairness All people are equal before the law
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The System Structure ► Federalism ► Local level ► Crime is a local problem ► Law enforcement: local, state, federal – all have their own structures ► The Courts: dual court system, federal/state courts ► Federal: district, circuit appellate, supreme ► State: trial, intermediate appellate, supreme ► Corrections: state prisons, local jails, federal prisons Probation, strict sentences, incarceration, community corrections, parole
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TV v. Reality ► The reality ► Informal v. Formal Process of Justice (Herbert Packer) ► Formal – THE IDEAL ► Informal – THE REALITY ► Why? Discretion ► Discretion: 3 main reasons it is used Resources not available to focus on every case Remove pressures, time constraints Cut down large caseloads
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The Wedding Cake Model ► Wedding Cake Model of Justice ► Celebrated Cases – at the top LAYER ONE ► High Profile Felonies LAYER TWO ► Ordinary Felonies LAYER THREE ► Misdemeanors LAYER FOUR More than 75 percent of police arrests (non-serious, non- violent) MOVING DOWN, CRIMES OCCUR MORE FREQUENTLY.
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Due Process v. Crime Control ► The battle between the two models. ► Crime Control Punish and stop criminal conduct – most important function Conservative ► Due Process Protect rights of accused through legal constraints on police, courts and corrections Liberal Fairness should be the ultimate goal The models swing back and forth dependant upon the national mood 50’s and 60’s –Warren Court late 70’s and 80’s, - get tough movement
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Types of Crimes ► Crimes separated based on seriousness – 6 groups ► Violent – crimes against persons Murder, sexual assault, robbery, etc. ► Property – most common form Goal is economic gain Shoplifting, theft w/out force ► Public Order Crime Public values and morals – public intoxication, gambling, victimless ► White Collar Crime Business world – economic/personal/business advantage (ex: embezzlement) ► Organized Crime Use of legal business facilities/employees to commit illegal acts ► High Tech Crime Latest type to emerge – cyber crimes, getting worse
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Michael Jackson’s Mug Shot on file with Santa Barbara Sheriff’s Department
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