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C J 2019

First Edition

Chapter 1

Introduction to Criminal Justice

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Government by the People (1 of 2)

Most people do not need laws or criminal justice system to know certain actions are wrong

Also have sense of what is fair and just

John Locke

Human beings endowed with “natural rights”

People surrender certain rights in order to receive other benefits from government

Power to be balanced

Government by the People (2 of 2)

When concepts of justice and fairness perceived to be violated

Protests and even violence can result

Revolutionary War

Founding fathers perceived unfairness

Declared purpose to establish “more perfect union”

Principles incorporated into Declaration of Independence

Order Maintenance versus Individual Liberties (1 of 3)

Society uses several means to balance conflicting rights and social values

Can be divided into two types of sanctions

Informal sanctions

Formal sanctions

Order Maintenance versus Individual Liberties (2 of 3)

Informal sanctions

Social norms enforced through social forces

Primary social institutions

Provide punishment when people violate norms

Teach normative behavior

Provide punishment when people violate social norms

Social norms defined

Order Maintenance versus Individual Liberties (3 of 3)

Formal sanctions

Such as laws found within the criminal justice system

Can achieve balancing of rights and public safety

Order maintenance defined

In homogenous societies, less need for reliance on a formal system of social control

Social control systems operate most effectively

Criminal justice system is a complex and extensive network

Can be contradictory, flawed, and biased

Constantly changing

Crime Control versus Due Process (1 of 5)

Due process rights

Rights guaranteed to persons by Constitution and its amendments

Primary sources

Substantive due process

Refers to constitutionality of laws

Procedural due process

Process and procedure the government can use to seek conviction for violation of laws

Crime Control versus Due Process (2 of 5)

Due process rights granted to accused have varied throughout history

Protection of rights guaranteed by U.S. Constitution extend to state and local criminal justice systems through incorporation

Has been done in piecemeal process

Bill of Rights

First ten amendments to U.S. Constitution

Often incorporated through landmark decisions

Define rights that courts must recognize

Crime Control versus Due Process (3 of 5)

Not all rights have been incorporated

Some were done recently

There must be a balance between law and order and due process rights

Law without order is anarchy

Order without law is tyranny

Emphasis on public order or crime control versus emphasis on due process rights resembles pendulum

Swings back and forth between two values

Crime Control versus Due Process (4 of 5)

Crime control model

Emphasizes efficient and effective justice

Due process model

Emphasizes on ensuring that individuals are protected from arbitrary and excessive abuse of power by government

U.S. Supreme Court under Chief Justice Earl Warren (1953–1969)

Created many new due process rights

Referred to as a “liberal court”

Crime Control versus Due Process (5 of 5)

U.S. Supreme Court under Chief Justice John Roberts (2005–)

Has tended to be a conservative court

One of primary roles of state and federal courts and laws

Provide authoritative guidance as to proper balance

Due process rights

Protect accused against abuse of power

Based on assumption that scales of justice must restrict power of government

The Structure of the Criminal Justice System

Concern over public’s ebbing faith in ability of government to maintain public safety during 1960s

President Lyndon B. Johnson appointed commission of experts to examine system, describe criminal justice process, and make improvement recommendations

President’s Commission on Law Enforcement and Administration of Justice1

Conclusions of commission

Also acknowledged the dual nature of system

¹ President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, D.C.: U.S. Government Printing Office, 1967).

The Structure of the Criminal Justice System: Agencies in the Criminal Justice System

Can be divided into:

Law enforcement

Prosecutors and the courts

Probation and parole agencies

Jails, prisons, and other correctional agencies

Exist in local, state, and federal levels of government

Each has own criminal justice agencies and process

Separate but interconnected criminal justice system for adults and juveniles and separate systems for Native Americans and military

The Structure of the Criminal Justice System: Dual Criminal Justice System (1 of 2)

U.S. criminal justice system is distinct from centralized systems of other nations

Described as a dual system

Dual system defined

Great diversity exists between states and the federal government

Each agency hires its own employees, sets own standards, defines job responsibilities and duties, pays own employees

Great diversity as result

The Structure of the Criminal Justice System: Dual Criminal Justice System (2 of 2)

Interrelationship of agencies at various levels sometimes described in hierarchical relationship by comparing them to three-layer cake

Analogy suggests each entity is separate

Better analogy to describe relationship is picket fence model

Defined

Picket Fence Model

The Structure of the Criminal Justice System: Checks and Balances (1 of 2)

Criminal justice system reflects mistrust of strong centralized government

U.S. government created with numerous checks and balances

Control autonomy and void actions of other criminal justice agencies

The Structure of the Criminal Justice System: Checks and Balances (2 of 2)

Five stages of criminal justice process

Entry into system

Prosecution and pretrial services

Adjudication

Sentencing and sanctions

Corrections

Agencies composing stages are semiautonomous

Example of checks and balances is when accused person is transferred from one stage to another

The Criminal Justice Process

Despite differences between criminal justice systems of various jurisdictions, there is commonality

Governments must ensure that accused are treated in accordance with rights and guidelines proscribed by Constitution

Prior to President’s Commission on Law Enforcement and Administration of Justice study, there was little research as to process of system1

Produced flowchart of system

Describes system as classical input–output model

¹ President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, D.C.: U.S. Government Printing Office, 1967).

Flowchart of the Criminal Justice Process

Adapted from the President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, D.C.: U.S. GPO, 1967) as modified by the Symposium on the 30th Anniversary of the President’s Commission and the Bureau of Justice Statistics.

Entry into the System (1 of 2)

Criminal justice system only handles formal sanctions

Usually requires violations of the law for adults

Police are primary officials responsible for detecting crime violators and bringing individuals into system

Arrest of suspect may be spontaneous or be the result of planning

Arrest defined

Arrest can be undone

Entry into the System (2 of 2)

When person is arrested, that individual is transported to facility for booking

Booking defined

Purpose is not to establish guilt, but to:

Establish identity of person

Charge person with specific violation of criminal law

Booking acts as transition point to determine whether accused will be further processed by system

Prosecution and Pretrial Services

Government must decide whether evidence presented by police is sufficient to pursue prosecution of alleged offender

Must also ensure rights are protected

Decision to move the accused to prosecution often is decided by collaboration

Government official responsible for prosecuting the defendant is known by different names

Common titles

Prosecutor’s office has complete autonomy

First Appearance

If defendant is to be prosecuted, he or she will appear before a lower-level judge

Different titles used for these judges

Magistrate judges defined

The accused is advised of his or her legal rights

Legal representation addressed

Bail may be set

Bail defined

Decision can be revisited at several points in process

Defendant pleads guilty or not guilty to charges

The Path to Indictment (1 of 2)

Prosecutor must obtain indictment if prosecution of defendant is to occur

Indictment defined

Authorizes court to issue arrest warrant and set arraignment hearing

Two ways to obtain indictment

Preliminary hearing

Defined

Sometimes called probable cause hearing

Each jurisdiction has own rules

The Path to Indictment (2 of 2)

Grand jury

Defined

Rules differ by state

Prosecutor presents evidence

Does not determine guilt or innocence

If successful, returns a true bill

True bill defined

Adjudication

If defendant pleads not guilty at arraignment, trial date is set

If defendant pleads guilty, sentencing date is set

No trial and the government is not required to prove guilt beyond reasonable doubt

Judge must affirm the defendant understands charges and consequences of guilty plea

Primary responsibility of judge during trial is to ensure defendant receives fair trial

Sentencing

If defendant is found guilty, judge will decide on sentence guided by law

Assisted in determining sentence using presentence investigation report (P S I)

Report provided by probation officer

Contents of P S I

Sentence announced at sentencing hearing

Both prosecutor and defense attorneys can challenge sentence and information in P S I

Sentencing procedure for capital offenses is different

Defendant has right to appeal both conviction and sentence

Corrections

Once sentenced, some offenders are transferred to correctional facility

Those given alternative sanctions that do not require incarceration are placed under supervision of probation officials

Exit, Recidivism, and Multiple Dimensionality of the Criminal Justice System

There are numerous options as to how a person exits the criminal justice system

Some occur shortly after entrance

Others occur only at end of due process model

Few people who enter by arrest are processed through the entire criminal justice system

Since 1990, the percentage of defendants released pretrial has remained relatively stable at about 60%1

About 43% of felony defendants who enter the system have at least one prior felony conviction2

¹ Thomas H. Cohen and Tracey Kyckelhahn, Felony Defendants in Large Urban Counties, 2006 (Washington, D.C.: Bureau of Justice Statistics, May 2010), p. 1. NCJ 228944.

² Ibid.

The Changing Criminal Justice System (1 of 2)

Criminal justice system reflects complex interaction of various entities and forces

Sometimes the changes are deliberate

Others have unintentional influences

All have had major impacts on the criminal justice system, resulting in transformative change

Five meta-influences have shaped the criminal justice system since the mid-twentieth century

Meta-influence defined

The Changing Criminal Justice System (2 of 2)

The five meta-influences are:

The Civil Rights Movement

Protests and civil disobedience resulting from U.S. involvement in the Vietnam War

Public’s concern over rising crime rates and violence

War against terrorism beginning with the 2001 attacks on the World Trade Center and the Pentagon

Rise of public concern regarding racial bias and discrimination in the criminal justice system

The Civil Rights Movement (1 of 4)

In a sense, the roots of parts of the system founded in racial discrimination

Colonial times

Slave patrols

Defined

Central component of the system of southern colonies and states

Passage of Thirteenth Amendment

Abolished slavery

Brown v. Board of Education of Topeka (1954)

The Civil Rights Movement (2 of 4)

Protests and demonstrations leading up to the passage of Civil Rights Act of 1964

Marked by extensive and widespread violence

Criminal justice system was at the center of conflict as segregation laws were enforced by law enforcement and courts

Discrimination reflected in so-called Jim Crow Laws (Black Codes)

Defined

The Civil Rights Movement (3 of 4)

Employment in criminal justice system is not open to minorities and females until the passage of 1972 Equal Employment Opportunity Act

Civil rights movement divided into two separate approaches

Those who advocated violence and separation of race

Those who advocated nonviolent civil disobedience and integration of races

Civil disobedience defined

The Civil Rights Movement (4 of 4)

Martin Luther King, Jr.

Strategy of nonviolence captured national attention in December 1955 with 381-day Montgomery bus boycott of public transportation

Event triggered by arrest and conviction of Rosa Parks for violating segregation laws

Nonviolent approach often resulted in retaliatory acts of violence and extensive destruction of property

Civil rights movement and violence on both sides that characterized the movement exposed inequities and discrimination

Protests and the Vietnam War (1 of 2)

U.S. involvement in Vietnam War produced great acrimony in society

Conflict characterized by violent demonstrations

Vietnam War lasted from 1955 to 1975

U.S. government considered it a war against spread of communism

Based on domino theory

Domino theory defined

Estimated number of soldiers and civilians killed

Protests and the Vietnam War (2 of 2)

There was great debate as to the legitimacy of U.S. military involvement

Involvement continued to escalate

War officially ended in 1975

During U.S. involvement with war, antiwar protestors staged numerous and sometimes violent demonstrations

Often violent encounters resulted in public perception of law enforcement officers as being brutal and disrespectful of Constitution

Rift had great political influence

The War on Crime (1 of 5)

1960s and 1970s were periods of great social upheaval, antiwar protests, civil rights demonstrations, and rising crime rates

According to a 1965 Gallup Poll, Americans viewed crime as the most serious problem in the country1

In 1968, 31% of survey respondents said they were afraid to walk in their own neighborhoods at night, and by end of 1972, number had risen to 42%

Many citizens thought police contributed to problem2

¹ James Q. Wilson, Thinking about Crime (New York: Basic Books, 1975), p. 65.

² Robert Fogelson, “Reform at a Standstill,” in Carl Klockars and Stephen Mastrofski, eds., Thinking about Police (New York: McGraw-Hill, 1991), p. 117.

The War on Crime (2 of 5)

Criminal justice system perceived as falling apart—failing

War on Crime

Declared by President Lyndon B. Johnson on July 25, 1965

Created series of commissions to study crime and justice and recommend reforms

Findings

Congress passed legislation to provide substantial resources to various criminal justice system agencies

The War on Crime (3 of 5)

Omnibus Crime Control and Safe Street Act of 1968

Provided resources to local and state governments to assist in adoption of reforms

Created the Law Enforcement Assistance Administration (L E A A)

Acted as conduit for transfer of federal funds to state and local law enforcement agencies

Requirements to receive funds

Goal of L E A A was to promote and adopt standards set by National Commission on Criminal Justice Standards and Goals

The War on Crime (4 of 5)

National Commission on Criminal Justice Standards and Goals

One goal was to increase professionalism and ethical behavior of criminal justice personnel, particularly law enforcement officers

One primary strategy to achieve goal was to raise level of education of criminal justic personnel

Law Enforcement Educational Program (L E E P)

Created to achieve this goal

Offered loans and grants to personnel to pursue higher education

The War on Crime (5 of 5)

L E E P left tremendous legacy

Resulted in significant increase in educational levels of law enforcement officers

Helped develop criminal justice as an academic discipline

Another legacy of this era was movement toward mass incarceration

Spurred on by concern over rising crime rates and violence, the public embraced crime-control model

Resulted in doubling of prison population and harsher sentences handed down

The Rise of Concern over Homeland Security (1 of 2)

Prior to 2001, there was no Department of Homeland Security

Threat of attack by international terrorists on U.S. soil was not a concern

Following attacks on September 11, 2001, President Bush declared war on terrorism

Impact has transformed criminal justice system

Resulted in creation of D H S, new legislation expanding powers of federal government, and suspension of due process rights for accused terrorists labeled enemy combatants

The Rise of Concern over Homeland Security (2 of 2)

Enemy combatants

Defined

If labeled upon sole authority of the president, the accused loses all due process rights normally afforded to people accused of a crime

President Barack Obama extended original executive order to include power to execute accused enemy combatants, including U.S. citizens, without trial, due process, or disclosure of standards used to justify execution

Public Concern regarding Bias and Discrimination in the Criminal Justice System (C J S) (1 of 2)

Evolution of criminal justice system to provide fair and impartial justice for all is the underlying theme of criminal justice system

Significant progress has been made toward achieving this goal, but great challenges still remain

Intersectionality

Defined

Has become an issue of concern with regard to discrimination

Manner by which these factors overlap in criminal justice process is a complex area of study

Public Concern regarding Bias and Discrimination in the Criminal Justice System (C J S) (2 of 2)

Public concerns over racial bias and discrimination in criminal justice system have again arisen to nationwide concern

Rising incarceration rates

Police shootings

Due process rights protect accused against abuse by system at expense of swift and sure justice for victims

Central premise of due process rights is presumption of innocence

Presumption of innocence defined

Impact of this presumption

What Is Criminal Justice? (1 of 3)

Study of criminal behavior dates to earliest origins of civilization

Not until mid-twentieth century that a word was coined to describe endeavor

Raffaele Garofalo

Coined term criminologia in 1855

Study of crime

Term used in 1887 by Paul Topinard

To refer to any scientific concern with the phenomenon of crime

What Is Criminal Justice? (2 of 3)

Study of crime as an academic discipline emerged in United States in twentieth century

Rooted in academic discipline of sociology

Edwin Sutherland

Provided definition of criminology still widely used today

Criminology defined

End purpose of criminology

Criminal justice has evolved into distinctly different discipline from criminology

What Is Criminal Justice? (3 of 3)

Discipline of criminal justice emerged in 1960s and matured in 1980s

Many early academic programs housed in sociology departments

Criminal justice defined

Objective of study of criminal justice

Study of law for attorneys is distinctly different

Today, field of criminal justice includes many related fields

New fields have created new opportunities

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