1. Criminal Justice in America
Hendrix, Criminal Justice: Core Concepts 1/e

2. Searching for Crime and Justice
Criminal justice entails a broad spectrum of activities, actors, and outcomes
Activities depend on decision-making by professionals in the field
Professional discretion can result in a range of outcomes
The criminal justice process is often seen as a machine
Inaccurate, unbalanced view; criminal justice much more complex than TV dramas
Need to see beyond media-fed preconceptions and limitations

3. Understanding Criminal Justice in America
Criminal justice: the structure, functions, and processes of those agencies dealing with the management of crime
Criminology: scientific study of the nature and causes of crime, rates of crime, punishment and rehabilitation of offenders, and prevention of crime
Criminal law: branch of modern jurisprudence that deals with offenses committed against the safety and order of the state

4. Understanding Criminal Justice in America
Criminal procedure: series of orderly steps and actions used to determine whether a person accused of a crime is guilty or not guilty
Constitutional law: focuses on legal rules and principles that define the nature and limits of governmental power and the duties and rights of individuals in relation to the state

5. Understanding Criminal Justice in America
Criminology is over 100 years old
Legal studies have been in existence for thousands of years
Criminal justice was not established as an academic discipline until the end of the 1960s
Field developed as outgrowth of calls for “law and order” during the Johnson presidency

6. The Emergence of Criminal Justice as a Field of Study
1960s: increased crime rates, race riots, anti-war demonstrations, political assassinations
Led to calls for law and order from grassroots America
Also saw trend toward nationalization of Bill of Rights
Supreme Court began extending rights to state defendants in 1960s
Many interpreted these decisions as attempts to “handcuff” police and “coddle” criminals

8. President’s Commission on Law Enforcement and Administration of Justice (1965)
Officially launched Johnson’s “war on crime”
Studied crime problem and machinery of criminal justice; made recommendations for action
Summary report helped shape direction of criminal justice for years to come
Targeted seven major objectives
Made over 200 specific recommendations
Many focused on poverty as a root cause of crime
Many scholars felt this was too simplistic

9. Criminal Justice as a System
President’s Crime Commission led to view of criminal justice as an integrated system
Three separately organized parts: police, courts, corrections
Parts not independent—actions of each affects the work of the others
Called for extensive research and an upgrading of criminal justice personnel and practices
Most visible impact of commission on criminal justice in America

10. The Omnibus Crime Control and Safe Streets Act of 1968
1968: very significant year for criminal justice
Riots, protests, assassinations
Increasingly visible street crime
Significant use of heroin and other illegal drugs
President’s Crime Commission recommended attack on the “root causes” of crime

11. The Omnibus Crime Control and Safe Streets Act of 1968
Passage of Omnibus Crime Control and Safe Streets Act resulted from President Johnson’s proposals for war on crime
Very controversial piece of legislation—seemed more a political maneuver than a reform bill
Title II attempted to overturn Supreme Court decisions
Title III empowered state/local law enforcement agencies to tap phones, eavesdrop even without a court order

12. The Law Enforcement Assistance Administration
Created by Omnibus Crime Control and Safe Streets Act, Title I
Part of Department of Justice
Develop new devices, techniques, approaches in law enforcement
Award discretionary grants
Supply states and municipalities with funds for improving criminal justice, training/educating criminal justice personnel
Significant portion of funds targeted for social programs and research, court reform, correctional programs

13. Law Enforcement Education Program (LEEP)
During 1970s, LEAA provided over $40 million per year for LEEP
LEEP charged with education of over 100,000 persons employed in or preparing for career in criminal justice
Seen as one of LEAA’s most constructive and successful efforts
LEEP initiated first academic programs in criminal justice

14. Models of Criminal Justice
Due process model
Stresses possibility of error in stages leading up to trial
Emphasizes need to protect procedural rights
Warren Court
Crime control model
Emphasizes efficiency
Based on view that most important function of criminal justice process is repression of criminal conduct
Burger Court

15. Models of Criminal Justice
Other models
Wedding cake model: depicts cases processed by criminal justice system in four layers
Funnel model: depicts diminishing number of cases processed by CJS as cases removed from system

18. The War on Drugs Shaped policy since late 1960s
Led to criminal justice process that appears “drug driven” in almost every respect
Laws passed to deter drug involvement, increase penalties for drug-related crime
Street-level drug enforcement initiatives expanded
Led to increased number of drug-related arrests

19. The War on Drugs
Processes in both judicial and correctional sectors affected
Judicial sector: increase in drug-related cases led to crowded dockets and courtrooms
Creation of new drug courts
Correctional sector: higher incarceration rates led to increased crowding
Establishment of liberal release policies
Experimentation with prison-based drug-treatment programs
Significant impact on state finances

20. Gender, Crime, and Criminal Justice
Increasing visibility of women in the traditionally male-dominated criminal justice system
Since early 1970s, number of female offenders has risen
Women’s role in criminal activity increasingly paralleling those of men
Proportion of women criminal justice personnel (police officers, judges, attorneys, corrections officers, etc.) also increasing

22. The Criminal Justice “Nonsystem”
Idea of criminal justice working as a system may not be accurate
Competing perspectives of system organization
Consensus/systems model argues that the organizations making up the criminal justice system work cooperatively to produce justice
Conflict model/nonsystem perspective posits that branches of justice work competitively; segments rarely operate with full awareness of long-term implications of activities

23. Victims and Justice
Crime victims and families historically forgotten in processing of criminal offenders
Victims have little opportunity to participate in judicial and correctional processes
Historically, state (not individual) is officially the victim of crime
Victims seen as “getting in the way” during police investigations and judicial proceedings
Victims seen as partial and impatient, unable to make objective contributions to process of justice

24. Victims and Justice
In 1960s, increasing recognition of the importance of involving crime victims in justice process
Most significant changes implemented in 1980s
System also established victims’ advocacy programs and restorative justice programs

25. Criminal Justice and the Media
Most serious crimes receive little public attention from local media
About 1% attract sustained state/local attention
Very rare cases galvanize broad national attention
Small number of famous cases become object of continuous attention, speculation, analysis
Details of case and visibility of people involved
Public curiosity

26. Terrorism, Criminal Justice, and the Constitution
Impact of war on terrorism in criminal justice domain is broad and complex
System responses to terrorist acts involve numerous levels of government law enforcement and even cooperation of international agencies
Terrorism: premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents

27. Terrorism, Criminal Justice, and the Constitution
Attacks on 9/11 introduced a new era in U.S. criminal justice, affecting every sector of the system
Changes affect law and due process as well as operations of police, courts, corrections

28. Studying and Working in Criminal Justice
Portrayal of criminal justice in TV/movies much more exciting than what exists in real life
Academic field of criminal justice is the study of the agencies and procedures set up to manage crime and the persons accused of violating the law
One of the most popular undergraduate majors in the U.S.
Programs draw from wide variety of academic disciplines
Field experience is an integral component
It is important to understand the reality of criminal justice careers, compared to the televised fantasy

29. Conclusions: Guidelines for Critical Thinking
Examine how terms are defined and how concepts are measured
Inspect the evidence
Look for potential biases
Ask whether the conclusions have been oversimplified
Ask whether the conclusions have been overgeneralized
Consider other possible interpretations
Consider who is offering the explanation
Think through the topic