1. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger CJ101 Unit 1 Welcome to CJ101, Week 1. At this point, you are partway through your first week and that much closer to your degree

2. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Online learning and KU KU stands for Kaplan University Each class is 10 weeks long Each week is called a Unit Each Unit has several graded items – check grade book and syllabus!!

3. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger When does the week start and end? Each Unit/week starts on a Wednesday and ends on the following Tuesday at midnight Try to start your reading and discussions early – discussions depend on your input.

4. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Unit Reading Assignments Reading – each Unit has a Reading link – tells you which chapter(s) to read Electronic chapter and PPT Read both If the link does not work, everything is loaded in the doc sharing section

5. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Discussion Questions Must give a 100-150 word answer – just try to write a paragraph or so to state your answer and support it. Must reply to at least 1 other student – quality reply. Discussion threads are graded for content, spelling and grammar. Always make sure your replies to other students provide quality feedback in a respectful manner. (50-75 words – a few sentences will do)

6. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Quizzes/Assignments Many Units will have a Quiz and/or multiple choice assignment You can always retake a quiz to get a better grade. The 2 assignments can only be taken once, but you have 12 hours to complete them. The system will not give you the correct answers on quizzes but they will with the 2 assignments. My goal is to have you retain the material.

7. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Seminars No seminars during Units 5 or 10 Alternate seminar paper – 2-3 page summary of what we covered (instructions are in the Syllabus or under the unit seminar tab). Alternate paper must be sent to me as an email word doc attachment within one week after seminar.

8. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Late Work Late assignments are marked down 5% for each week an assignment is late (unless you contact me about the situation prior to the due date). Unit assignments are due by midnight on Tuesdays If you are having problems with an assignment or have extenuating circumstances that will prevent you from completing an assignment, please contact me ASAP.

9. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Grades and Course Announcements Always check your grade book and click on each individual grade to read my comments. Grade are posted by midnight on Sundays. Always check/read the Course Announcements and your email.

10. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Contact me with any questions! Dive in and let me know if you have any problems! revans5@kaplan.edu- I will respond within 24 hoursrevans5@kaplan.edu- AIM – RichEvansKU Office hours – Mondays 5-7pm eastern (seminar is at 7pm eastern) Phone (651) 295-3351- I work overnights so my response to a call might be delayed (call and leave a message).

11. What is Criminal Justice? Chapter 1 Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger

12. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger A Brief History of Crime in America: 1850–Present 1850–1880: Crime epidemic and social upheaval caused by immigration and the Civil War Prohibition years: Widespread organized crime (Al Capone) 1960s–1970s: War protests Civil Rights Era increased concern for rights of women and ethnic and racial minorities Court decisions and new legislation expanded rights and affected all areas of life

13. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger 1970s–1980s: FBI data indicate a considerable increase in murders, rapes, and assaults 1980s: Dramatic increase in sale and use of illicit drugs, drug smuggling, and gangs Americans demanded “law and order” “War on Drugs” declared A Brief History of Crime in America: 1850–Present

14. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger 1990s: Violent encounters among citizens and law enforcement agents leads public to focus on police brutality and effective police management Americans believe crime is out of control 1991 Rodney King 1995 Oklahoma Federal Building 1999 Columbine Massacre A Brief History of Crime in America: 1850–Present

15. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger March 3 rd, 1991- Rodney King 8 mile pursuit with CHiPs, 2 passengers complied, King did not. Failure to comply with verbal direction led to Taser use, empty hand attempts, and finally, baton strikes. Excessive baton strikes caught on video. 1992 acquittal of all 4 LAPD Officers sparked LA Riots 2 were later sentenced in federal court. New look at professionalism in Police departments across the US.

16. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger 2000–Present: Emphasis on individual accountability, responsibility, and punishment of offenders Terrorism on American soil is of central concern USA PATRIOT ACT important tool in fight against terrorism Corporate and white collar crime gain attention A Brief History of Crime in America: 1850–Present What seems to be making headlines today… White collar crime and fraud (mortgages & Ponzi scemes) or murder sprees?

17. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Events after 2000 9/11/2001 – Patriot act, tight security, threats overseas affect civil rights. Katrina, 2005 “a city of despair and lawlessness.” As the winds relented, looters ravaged stores, gunshots rang out, and armed gangs could be seen roaming the streets that hadn’t been flooded “You have to understand,” said Juan Lopez, one of the officers who took refuge in the precinct house, “New Orleans was a violent place before the hurricane. After the hurricane, the city just let loose.” The Katrina disaster, which created opportunities for those bent on criminal activity, illustrated the tenuous nature of social order. Katrina demonstrated the fragile balance between law and order and crime. What does Katrina show us about the nature of people?

18. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Individual Rights and Public Order: The Struggle for Balance FIGURE 1–1 The theme of this book. Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book. What about big brother? Chicago camera system?

19. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Individual Rights and Public Order Advocates Individual Rights Advocates seek to protect personal freedoms within the process of criminal justice. Public Order Advocates suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights. Where are we today? (poll) 1) right where we need to be 2) leaning to Public Order 3) leaning to Individual Rights

20. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger What is Justice? A popular dictionary definition “The principle of moral rightness, or conformity to truth” Is truth absolute or does it change with demographics? (poll)

21. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Social Justice …a concept that embraces all aspects of civilized life and is linked to fundamental notions of fairness and cultural beliefs of right and wrong. Civil Justice –Deals with fairness in relationships between citizens, government agencies, and business in private matters. Criminal Justice –Refers to the aspects of social justice involving violations of the criminal law, protection of the innocent, fair treatment of offenders, and fair play by the criminal justice system.

22. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger How well do the components of the justice system interact? Consensus Model –Assumes cooperation among all components of the system toward a common goal –The “systems” model Conflict Model –Assumes all components are self-serving and compete for limited resources –The “non-system” model When it comes to money and resources, do the 3 components cooperate or compete?

23. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Core Components FIGURE 1–2 The core components of the American criminal justice system and their functions.

24. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Police: Investigation and Arrest The modern justice process begins with investigation. After a crime has been discovered, police gather evidence at the scene, if possible. Follow-up investigations attempt to reconstruct the sequence of events. Some offenders are arrested at the crime scene; most are apprehended later, with an arrest warrant (or with probable cause).

25. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger What is a warrant? …a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it. Good faith, protection from litigation for legal actions taken to ensure arrest or search.

26. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Miranda v. Arizona (1966) …held that police must notify suspects of their rights prior to custodial interrogation. Standard – “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?” Additionally added due to Vienna Convention: “Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?”

27. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Miranda Warnings You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to an attorney and have him/her present while you are being questioned. If you cannot afford a lawyer, one will be appointed for you before questioning. If you decide to answer questions now, you may stop at any time. Do you wish to talk or not? Do you want a lawyer?

28. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Booking An administrative process officially recording an entry into detention after arrest. The accused’s personal information, details of arrest, and name of arresting authority are entered into the police log. Fingerprints and photos are taken. Suspect informed of rights.

29. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger First Appearance Within hours of the arrest. (depending on jurisdiction, 36 and 48 hour rules apply) Suspect informed of charges and advised of his/her rights by judge. An attorney is appointed if the accused is indigent. An opportunity for bail may be provided.

30. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Pre-trial Release Pre-trial release is afforded to most defendants through: Release on recognizance Bail bond Those not released will await case disposition in jail. Most people are granted pre-trial release.

31. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Preliminary Hearing/ Grand Jury The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process.

32. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Preliminary Hearing A proceeding before a judicial officer in which three matters are decided: –Whether a crime was committed. –Whether the crime occurred within the territorial jurisdiction of the court. –Whether there is probable cause to believe that the defendant committed the crime.

33. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Preliminary Hearing/Grand Jury may result in… Information  Based on outcome of preliminary hearing  Formal written accusation filed by prosecutor and outlining the charges against the accused Indictment Required in some states Issued by grand jury In MN, grand juries are only used in the most serious cases such as homicide, etc. Normal felony cases are established with formal charges filed with the court.

34. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Arraignment Before a court having jurisdiction in a criminal case The defendant is informed of the charge(s) and of his/her rights The defendant is required to enter a plea

35. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Types of Pleas 1.Guilty 2.Not guilty 3.No contest (nolo contendere) If the plea is “not guilty,” then a trial date is set. If the defendant “stands mute,” then “not guilty” is entered. If the plea is guilty or no contest and if the judge accepts the plea, then it moves to sentencing phase.

36. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Adjudication: Jury Trial The 6 th Amendment guarantees criminal defendants the right to a trial by jury. Doesn’t include those charged with petty offenses. Blanton v. City of North Las Vegas (1989) (DUI – Bench trial upheld by US Supreme Court as there is no right to jury trial in 6 th amendment for petty crimes) Some states allow defendants to waive jury trial and opt for a bench trial. (MN does-court trial)

37. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Trial An examination of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s). Trials are governed by procedural law and precedent. The state must prove “beyond a reasonable doubt” that the defendant committed the crime. Trials may be jury trials or bench trials.

38. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Sentencing Judges traditionally have considerable discretion. Sentencing decisions influenced by:  Sentencing hearing  Victim impact statement  PSI report (pre-sentence investigation)

39. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Corrections Once sentenced, the “corrections” phase begins. –Not everyone will be sent to prison. –Community corrections, like probation, are common. Sentences on multiple charges can be served: –consecutively–one after another –concurrently–served at the same time

40. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Due Process and Individual Rights The U. S. Constitution requires that the entire justice process must be conducted fairly and with equity and according to due process standards.

41. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Due Process: Procedural Fairness …asserts that fundamental principles of justice must be guaranteed in any criminal proceeding, and that the administration of the law in a criminal case must not violate individual rights.

42. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Due Process and the Bill of Rights Due process underlies the first 10 amendments to the Constitution, collectively known as the Bill of Rights. It is specifically guaranteed by the Fifth, Sixth, and Fourteenth Amendments Does our Due Process Constitutional Rights apply to terrorists? (poll)

43. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Bill of Rights Guarantees: A right to be assumed innocent until proven guilty A right against unreasonable searches of person and place of residence A right against arrest without probable cause A right against unreasonable seizure of personal property A right against self-incrimination A right to fair questioning by the police A right to protection from physical harm throughout the justice process A right to an attorney A right to trial by jury A right to know the charges A right to cross-examine prosecution witnesses A right to speak and present witnesses A right not to be tried twice for the same crime A right against cruel or unusual punishment A right to due process A right to a speedy trial A right against excessive bail A right against excessive fines A right to be treated the same as others, regardless of race, sex, religious preference, and other personal attributes

44. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Interpreting the Constitution: The Role of the Courts The U.S. Supreme Court Interprets the Constitution as it applies to the cases before them. The due process standard was set in the 1960s by the Warren Court Remembered for its concern with protecting the innocent against the power of the state

45. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger The Ultimate Goal of the American Criminal Justice System Crime control through due process. A system of social control that is fair to those whom it processes Laws are created based on societal norms and values and due process extends the accused a chance to be evaluated fairly prior to being convicted.

46. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Evidence-Based Practice in Criminal Justice The study of criminal justice as an academic discipline began in the late 1920s… …Practice oriented By the 1960s students began to apply the techniques of social science research Increased professionalization of criminal justice

47. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Evidence-Based Practice in Criminal Justice Refers to crime-fighting strategies that have been scientifically tested and are based on social science research National Criminal Justice Commission Act of 2009 (draft version) – (proposed study of national criminal justice system to “institute the use of policies and practices proven effective throughout the spectrum of criminal behavior.”)

48. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Multiculturalism in the United States U. S. population 71% white 12% Hispanic 12% African American 4% Asian and Pacific Island

49. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Multiculturalism and Diversity in Criminal Justice American society is multicultural. Diverse values, perspectives, and behaviors influence the justice system. Is profiling illegal?

50. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Finishing Unit 1- Read Chapter 1/PPT Take the quiz Introduce yourself Answer the discussion question/ respond to at least one other student. Unit 1 Assignment – Multiple Choice Take a Break

51. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Unit 2 Read chapters 2 and 4/PPT Quiz Discussion Take a Break

52. Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Thank you! Have a great week! Rich Evans revans5@kaplan.edu AIM – RichEvansKURichEvansKU 651-295-3351