2. 1 Chapter 1 What Is Criminal Justice?

3. 2 Brief History of Crime in America Brief History of Crime in America Criminal activity has been around since the dawn of history:Criminal activity has been around since the dawn of history: 1850-1880: Large-scale immigration1850-1880: Large-scale immigration – crime epidemic social upheaval 1920s: Prohibition and organized crime1920s: Prohibition and organized crime 1960s-1970s: War protests, increased concern rights women, people with physical/mental challenges, ethnic & racial minorities1960s-1970s: War protests, increased concern rights women, people with physical/mental challenges, ethnic & racial minorities Warren Court decisions expand rights of the accusedWarren Court decisions expand rights of the accused 1970s-1980s: Post Civil Rights Movement, increase in murders, rapes & assaults. Reagan’s “War on Drugs”1970s-1980s: Post Civil Rights Movement, increase in murders, rapes & assaults. Reagan’s “War on Drugs”

4. 3 Brief History of Crime in America 1990’s – violent encounters with L/E; police brutality; crime out of control 2000 to Present – emphasis on accountability; punishment of offenders; terrorism on American soil; US PATRIOT ACT Increase in corporate & white-collar crime- Enron, Kenneth Lay/Jeff Skillings, Martha Stewart, Bernard Madoff 2007 – 33% increase in killings of peace officers over 2006 (193-145)

5. 4 A Brief History of Crime in America 1990s saw a decrease in crime yet had several traumatic crime events1990s saw a decrease in crime yet had several traumatic crime events –1992 Rodney King beating –1993 Bombing World Trade Center (first time) –1993 Waco, Texas –1995 Alfred Murrah Building Bombing-Oklahoma –1999 Columbine School Shooting –2001 Bombing World Trade Center-triggered War on Terrorism- US Patriot Act –2007 Virginia Tech mass murder

6. 5 The Theme of This Book Individual Rights versus Public OrderIndividual Rights versus Public Order Individual rights refers to:Individual rights refers to: criminal defendants The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system.

7. 6 The Theme of This Book Public order refers to:Public order refers to: The belief that under certain circumstances involving criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights.

8. 7 The Criminal Justice System ______________“Truth in Action”, “the principle of moral rightness, or conformity to truth”______________“Truth in Action”, “the principle of moral rightness, or conformity to truth” ___________: Individual rights must be effectively balanced against these community concerns:___________: Individual rights must be effectively balanced against these community concerns: –Social justice –Equality before the law –The protection of society –Freedom from fear

9. 8 Goals of the Criminal Justice System _____________________: Common law, constitutional, statutory, and humanitarian rights of the accused:_____________________: Common law, constitutional, statutory, and humanitarian rights of the accused: –Justice for the individual –Personal liberty –Dignity as a human being –_____________________

10. 9 What Is Crime? Crime is:Crime is: Example: Child molestation and Michael JacksonExample: Child molestation and Michael Jackson ________________ __ conduct in violation of the ________________ __ ___________ is____________ __ ___________, the federal government, or a local jurisdiction, for which there is____________ __ acceptable acceptable justification or excuse

11. 10 Notions of Justice Justice refers to:Justice refers to: Criminal justice refers to:Criminal justice refers to: The principle of fairness; the ideal of moral equity. The criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with ____________________________________

12. 11 Notions of Justice _____________refers to:_____________refers to: The law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action. An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.

13. 12 Notions of Justice Criminal and civil justice cannot be separated from social justice because the kind of justice enacted in our nation’s criminal and civil courts are a reflection of basic American understandings of right and wrong.Criminal and civil justice cannot be separated from social justice because the kind of justice enacted in our nation’s criminal and civil courts are a reflection of basic American understandings of right and wrong.

14. 13 American Criminal Justice: System

15. 14 American Criminal Justice Functions _______________refers to:_______________refers to: Assumes that the system’s components work together harmoniously to achieve the social product we call justice. Assumes that the system’s components are self serving and compete for limited resources. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation. The “non-system” model. The magnitude of the criminal justice undertaking makes it difficult for the components to effectively cooperate.

16. 15 American Criminal Justice: The Process Investigation and Arrest: Reactive or Proactive ?Investigation and Arrest: Reactive or Proactive ? –When a crime occurs it is often reported to the police. –Evidence is gathered at the scene and a follow-up investigation is made. –If the offender is not arrested at the scene, then a _________ is needed. A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police.A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police.

17. 16 American Criminal Justice Process Investigation and ArrestInvestigation and Arrest –___________________ During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written (not required).During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written (not required). A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority.

18. 17 American Criminal Justice Process Pretrial ActivitiesPretrial Activities –______________________________________ Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance.Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance. Bail refers to:Bail refers to: The defendant is also appointed a lawyer if he or she cannot afford one.The defendant is also appointed a lawyer if he or she cannot afford one. The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

19. 18 American Criminal Justice Process ____________________________________ 1.Whether a crime was committed, 2.Whether the crime occurred within the territorial jurisdiction of the court, and 3.Whether there are reasonable grounds to believe that the defendant committed the crime. The judge will seek to determine _________________ The judge will seek to determine _________________ 1.That a crime has been committed, and 2.That the defendant committed it. This is a proceeding before a judicial officer in which three matters must be decided:

20. 19 American Criminal Justice Process ________________________________________ –In some states, upon the finding of probable cause at the conclusion of the preliminary hearing, the prosecutor may seek to continue the case by filing an information. __________________________________________________________

21. 20 American Criminal Justice Process Information or IndictmentInformation or Indictment –Other states require an indictment be returned by a grand jury. Indictment refers to:Indictment refers to: __________________________________________ A formal, written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specific offense, usually a felony. A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.

22. 21 American Criminal Justice Process Arraignment/JurisdictionArraignment/Jurisdiction –This is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Acceptable pleasAcceptable pleas –Not guilty (_____________________) –Guilty (___________________________) –No contest (nolo contendere)

23. 22 American Criminal Justice Process Trial ProceduresTrial Procedures –Adjudication Every criminal defendant has a right under the ________ Amendment to the United States Constitution to a trial by jury, unless for a petty offense.Every criminal defendant has a right under the ________ Amendment to the United States Constitution to a trial by jury, unless for a petty offense. –Trial refers to: –Petty offense refers to: The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. Offenses for which the maximum period of incarceration is six months or less.

24. 23 American Criminal Justice Process SentencingSentencing –After a conviction, a judge imposes some form of punishment. –_______________________refers to: One of two or more sentences imposed at the same time and served in sequence with the other sentence. One of two or more sentences imposed at the same time and served at the same time.

25. 24 American Criminal Justice Process Corrections Once an offender has been sentenced, the corrections stage begins.Once an offender has been sentenced, the corrections stage begins. If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and __________________If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and __________________

26. 25 American Criminal Justice Process __________refers to:__________refers to: _________ refers to:_________ refers to: A sentence of imprisonment that is suspended. It is a conditional freedom that requires the person to meet certain conditions of behavior. The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.

27. 26 Due Process and Individual Rights Due process refers to:Due process refers to: Due process rights are outlined by the Bill of Rights (the first ten Amendments to the Constitution).Due process rights are outlined by the Bill of Rights (the first ten Amendments to the Constitution). A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights.

28. 27 Individual Rights Guaranteed by the Bill of Rights To be assumed innocent until proven guiltyTo be assumed innocent until proven guilty Against unreasonable seizure of personal propertyAgainst unreasonable seizure of personal property ________________________________________________ To fair questioning by the policeTo fair questioning by the police To protection from physical harm throughout the justice processTo protection from physical harm throughout the justice process ____________________________________________ To trial by juryTo trial by jury To know the chargesTo know the charges To cross-examine witnesses To speak and present witnesses Against double jeopardy Against cruel and unusual punishment To due process To a speedy trial ____________________ Against excessive fines To be treated fairly, regardless of group membership

29. 28 The Ultimate Goal: Crime Control through Due Process _________________refers to:_________________refers to: A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders. Perspective that emphasizes individual rights at all stages of justice system processing.

30. 29 The Role of the Courts in Defining Rights Rights are open to interpretation and are often. ___________________________Rights are open to interpretation and are often. ___________________________ New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees.New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees. _____________________(1963) Warren Court_____________________(1963) Warren Court

31. 30 The Ultimate Goal: Crime Control through Due Process __________________refers to:__________________refers to: Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes.Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes. The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group.

32. 31 Multiculturalism and Diversity in Criminal Justice Multiculturalism refers to:Multiculturalism refers to: It is sufficient to recognize that the diverse values, perspectives, and behaviors characteristic of various groups within our society have a significant impact on the justice system.It is sufficient to recognize that the diverse values, perspectives, and behaviors characteristic of various groups within our society have a significant impact on the justice system. ______________. 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 ______________.