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Criminal Justice Today

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LEARNING OBJECTIVES

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1. Define crime.

2. Outline the three levels of law enforcement.

3. List the essential elements of the corrections system.

4 Define ethics, and describe the role that it plays in discretionary decision making.

5 Describe the defining aspects of a terrorist act, and identify one common misperception concerning domestic terrorism.

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LO 1

Define crime.

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Crime

• Act that violates criminal law and is punishable by criminal sanctions

• Society decides which acts are criminal based on: • The consensus model

• The conflict model

LO 1

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Consensus Model and Conflict Model

• Consensus model • A model in which the majority of citizens in a

society share the same values and beliefs

• Assumes that a diverse group of people can have similar morals

• Conflict model • A model in which the content of criminal law is

determined by groups that hold economic, political, and social power in a community

LO 1

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Integrated Definition of Crime

• Based on the consensus and conflict models, crime is an action or activity that is: • Punishable under criminal law, as determined by

the majority or, in some instances, by a powerful minority

• Considered an offense against society as a whole and prosecuted by public officials

• Punishable by sanctions based on laws that bring about the loss of personal freedom or life

LO 1

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Deviance

• Behavior that is considered to go against norms established by society

• Deviant acts become crimes only when society as a whole, through its legislatures, determines that those acts should be punished

• Not all crimes are considered particularly deviant

LO 1

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Types of Crime

Violent crime Property crime Public order

crime

White-collar crime

Organized crime

Cyber crime

LO 1

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Violent Crime

•Unlawful killing of a human being

Murder

•Coerced actions of a sexual nature against an unwilling participant

Sexual assault

•A threat or an attempt to do violence with the intent to instill fear

Assault

•Act of physically contacting a person with the intent to cause harm

Battery

•Act of taking property from another person through force, threat of force, or intimidation

Robbery

LO 1

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Property Crime

• Forms • Larceny: Act of taking property from another

person without the use of force

• Burglary: Breaking into or entering a structure without permission for the purpose of committing felony

• Motor vehicle theft

• Arson

➖Willful and malicious burning of a home, automobile, commercial building, or any other construction

LO 1

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Public Order Crime and White-Collar Crime

• Public order crime • Behavior that is labeled as criminal because it is

contrary to shared social values, customs, and norms

• Includes public drunkenness, prostitution, gambling, and illicit drug use

• White-collar crime • Nonviolent crime committed by business entities

or individuals to gain a personal or business advantage

LO 1

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Organized Crime and Cyber Crime

• Organized crime • Acts by illegal organizations

• Illicit markets preferred for organized crime operations include gambling, prostitution, illegal narcotics, loan sharking, counterfeiting, and credit scams

• Cyber crime • Dependence of businesses on computer

operations has left corporations vulnerable to sabotage, fraud, and embezzlement

LO 1

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Criminal Justice System

• Interlocking network of law enforcement agencies, courts, and corrections institutions designed to: • Enforce criminal laws

• Protect society from criminal behavior

LO 1

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Goals of Criminal Justice System

• Maintain justice

• Protect society from potential future crimes of the most dangerous or risky offenders

• Determine when an offense has been committed and provide the appropriate punishment

• Rehabilitate the punished offenders and support crime victims

LO 1

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Federalism

• Form of government in which a written constitution provides for a division of powers between a central government and several regional governments • The Constitution gave the national government

certain express powers

➖All other powers were left to the states, including police power ➖Allows the states to enact any law necessary to

protect the health, morals, safety, and welfare of their citizens

LO 1

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LO 2

Outline the three levels of law enforcement.

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Levels of Law Enforcement (Slide 1 of 3)

• Local • Duties of law-enforcement agencies are split

between counties and municipalities

• County sheriff

➖Chief law enforcement officer of a county

• In areas where city and county governments have merged, there is a county police force, headed by a chief of police

• Responsibilities include investigating, patrolling, apprehending criminals, attending trial proceedings, and maintaining peace

LO 2

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Levels of Law Enforcement (Slide 2 of 3)

• State • Types of state law-enforcement agencies

➖State police and highway patrols

• Other state law enforcers

➖Fire marshals

➖State fish, game, and watercraft wardens

➖Alcoholic beverage control officers

➖Agents who investigate welfare and food stamp fraud

LO 2

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Levels of Law Enforcement (Slide 3 of 3)

• Federal • Every federal agency has some kind of police

power

• Agencies

➖The Department of Homeland Security

➖The Federal Bureau of Investigation

➖The Drug Enforcement Administration

➖The U.S. Secret Service

➖The Bureau of Alcohol, Tobacco, Firearms, and Explosives

LO 2

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LO 3

List the essential elements of the corrections system.

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Courts

• The United States has a dual court system • One federal court system

• Fifty different state court systems, plus that of the District of Columbia

• Criminal court and its work group are responsible for determining the innocence or guilt of criminal suspects

LO 3

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Corrections Systems

Probation Incarceration

Community-based corrections

LO 3

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Criminal Justice Process

Entry into the system

Prosecution and pre-trial services

Adjudication

Sentencing and sanctions

Corrections

LO 3

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LO 4

Define ethics, and describe the role that it plays in discretionary decision making.

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Ethics and Justice

• Ethics: Moral principles that govern a person’s perception of right and wrong

• Ethical standards are usually not written into criminal statutes • The line between ethics and justice is often

difficult to discern

• Ethical decisions will be intuitive in some cases

• Critical thinking is needed for an ethical response

LO 4

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LO 5

Describe the defining aspects of a terrorist act, and identify one common misperception concerning domestic terrorism.

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Crime Control Model and Due Process Model

• Crime control model • Places primary emphasis on the right of society

to be protected from crime and violent criminals

• System must be quick and efficient

• Due process model: Places primacy on the right of the individual to be protected from the power of the government • Relies on the courts to make it more difficult to

prove guilt

LO 5

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Crime and Law Enforcement Today

• Smarter policing • Police rely on evidence-based practices

➖Engage in predictive policing and proactive policing

• Use of technology to identify suspects • Technology allows law enforcement agents to

identify suspects from body fluid evidence or biological evidence

• Investigators increasingly use DNA profiling and biometrics

LO 5

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Homeland Security and Domestic Terrorism (Slide 1 of 2)

• Homeland security: Concerted national effort to: • Prevent terrorist attacks within the United

States

• Reduce the country’s vulnerability to terrorism

• Counterterrorism efforts now focus primarily on domestic terrorism

LO 5

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Homeland Security and Domestic Terrorism (Slide 2 of 2)

• Domestic terrorism: Acts of terrorism that take place on U.S. soil without direct foreign involvement

➖Does not refer only to extremist acts by radical Muslims in the United States

• Efforts to fight terrorism may jeopardize individual civil liberties • Civil liberties: Basic rights and freedoms for

American citizens guaranteed by the U.S. Constitution, particularly in the Bill of Rights

LO 5

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Prison Population Trends (Slide 1 of 2)

• Justice reinvestment: A corrections policy that promotes: • Reduction in spending on prisons and jails

• Reinvestment of the resulting savings in programs that decrease crime and reduce reoffending

• To reduce prison populations: • Officials are implementing programs designed

to curtail the recidivism rate of ex-convicts

LO 5

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Prison Population Trends (Slide 2 of 2)

• Actions have been taken to release offenders early

➖Reentry programs for ex-offenders ➖Implemented to treat drug and alcohol addictions

and mental illness and help in finding housing and employment

• There has been a decline in the use of death penalties

LO 5

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KEY TERMS

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• Crime

• Consensus model

• Morals

• Conflict model

• Deviance

• Murder

• Sexual assault

• Assault

• Battery

• Robbery

• Larceny

• Burglary

• Public order crime

• White-collar crimes

• Criminal justice system

• Justice

• Federalism

34Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 34CJ5 | CH1 34

KEY TERMS (continued)

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• System

• Formal criminal justice process

• Discretion

• Informal criminal justice process

• Ethics

• Crime control model

• Due process model

• Evidence-based practices

• Biometrics

• Homeland security

• Terrorism

• Civil liberties

• Justice reinvestment

• Domestic terrorism

• Recidivism

• Capital crime

35Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 35CJ5 | CH1 35

SUMMARY

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• Crime is an act that violates criminal law and is punishable by criminal sanctions

• The three levels of law enforcement are local, state, and federal

• Probation and incarceration are essential elements of the corrections system

• Ethics in criminal justice is closely related to the concept of justice

• Domestic terrorism consists of acts of terror that are carried out within one’s own country