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Criminal Justice Today Twelfth Edition CHAPTER Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved What is Criminal Justice? 1
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Chapter Agenda Summarize the history of crime in America and corresponding changes in the American criminal justice system Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives Explain the relationship of criminal justice to general concepts of equity and fairness
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Chapter Agenda Describe the American criminal justice system in terms of its three major components and their respective functions Describe the process of American criminal justice, including the stages of criminal case processing Define due process of law, including where the American legal system guarantees due process
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Chapter Agenda Describe the role of evidence-based practice in contemporary criminal justice Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Key Terms Crime Criminology Criminal Justice Criminal Justice System
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Summarize the history of crime in America and corresponding changes in the American criminal justice system
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The History of Crime Crime control has been a primary concern of politicians and government leaders worldwide The 20th & 21st centuries have served as a breeding ground for changes in criminal justice Adequate law enforcement involves a global effort
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Events that Changed the Focus of Law Enforcement 1960s and 1970s The Civil Rights Movement 1980s The “War on Drugs” 1992 The Rodney King case September 11, 2001 Racial profiling, privacy, Patriot Act 2006 The Enron scandal
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Individual Rights vs. Public Order Individual rights perspective Protect the personal freedoms within the process of criminal justice Public order perspective Under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Individual Rights vs. Public Order Criminal justice is an institution of social control Caught in a balancing act between individual rights and public order Two models of the criminal justice system 1.Crime control model 2.Due process model
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Two Models of the Criminal Justice System Herbert L. Packer, 1968 1.Crime control Efficient arrest and conviction Assembly line justice Public order 2.Due process Individual rights at all stages Obstacle course justice
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Explain the relationship of criminal justice to general concepts of equity and fairness
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Justice The principle of fairness; the ideal of moral equity
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Justice Social justice An ideal that embraces all aspects of civilized life Linked to fundamental notions of fairness & cultural beliefs about right & wrong Civil justice Fairness in relationships between citizens, government agencies, and businesses in private matters
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Justice Criminal justice The criminal law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law Cannot be separated from social justice because the justice enacted in our nation’s criminal courts reflects basic American understandings of right and wrong
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the American criminal justice system in terms of its three major components and their respective functions
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The American Criminal Justice System Police Courts Corrections
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the process of American criminal justice, including the stages of criminal case processing
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Investigation and Arrest Probable cause A set of facts and circumstances that would induce a reasonably intelligent person to believe that a specific person has committed a crime
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Investigation and Arrest Warrant A writ issued in criminal proceedings by a judicial officer directing a law enforcement officer to perform a specified act, and protects the officer from any damages related to the act Arrest Act of taking an adult or juvenile into custody
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Miranda Warnings Miranda v. Arizona Read when a suspect is first arrested To make sure anything the suspect says from that point forward can be used against the suspect should the case proceed The person has to be in custody in order for Miranda warnings to be required
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The Criminal Justice Process Booking First appearance Information Indictment Arraignment Trial Sentencing Corrections
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Due Process The U.S. Constitution Procedural fairness Recognizes the individual rights of criminal defendants Rights violations may become the basis for the dismissal of evidence or of criminal charges, especially at the appellate level
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the role of evidence- based practice in contemporary criminal justice
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Development of Academic Criminal Justice 1920s August Vollmer began criminal justice education 1960s-1970s Introduction of criminology, NIJ 2011 Evidence-based practice in criminal justice
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice
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Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Multiculturism The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems Diversity
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