Criminology
Simplyme28
Lecture1.Anintroductiontocrimeandthecriminaljusticesystem.pptxChapter 1: An Introduction to Crime and the Criminal Justice System
These are the slides for Chapter 1. The slides provide a brief overview of the chapter. Please be sure to read the corresponding chapter in our Rennison and Dodge (2021) text.
1
What Is the Criminal Justice System?
Criminal justice system (CJS) comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation.
The CJS has three (3) primary components:
Law enforcement
Courts
Corrections
2
1.1: List the three primary components of the criminal justice system.
Introduction: Making Our Way Through the Criminal Justice System
The criminal justice system comprises institutions, policies, and practices with the goal of maintaining social control and deterring crime through sanctions and rehabilitation.
What Is the Criminal Justice System?
Society needs a method of dealing with those who are victims of crime and those who violate the law.
Criminal justice: the system of institutions, policies, and practices with the goal of maintaining social control and deterring crime through sanctions and rehabilitation
What Is the Criminal Justice System?
Law enforcement: investigates crimes and apprehends individuals alleged to have committed crimes.
Courts: interpret and apply the law.
Corrections: incarceration in jails or prisons, in some cases consisting of supervision in the community, parole, or probation.
3
1.1: List the three primary components of the criminal justice system.
What Is the Criminal Justice System?
1. Law enforcement: one of the three main components of the criminal justice system. Law enforcement agencies are charged with investigating crimes and arresting individuals alleged to have committed crimes.
For example, FAU campus police or the Broward County’s Sheriff’s Department.
2. Courts: one of the three main components of the criminal justice system. The courts are responsible for interpreting and applying the law.
For example, some of you may have gone to jury duty and had to report to a local court house.
3. Corrections: functions to protect society from criminals through housing, monitoring, and other community-based programs.
For example, this would be your federal prisons, local jails, and halfway houses.
What Is the Criminal Justice System?
Size of the System
Violent crime and property crimes have decreased since 1990s.
Early 1990s was known as the “crime wave” or “crime peak”.
Now, crime has substantially decreased.
4
1.1: List the three primary components of the criminal justice system.
Size of the System
To get a sense of the size of the system, we must first ask ourselves, well what does crime look like in the U.S.?
Violent and property crimes have decreased since 1990s
Early 1990s was known as the “crime wave” or “crime peak”
Now, crime has substantially decreased
5
For example, these are the trend of violent crime from 1990 to 2020. These data were obtained from the FBI Uniform Crime Report (UCR), which we will learn about this data source later.
As you can see, crime in the early 1990s was high. For example, in 1991, you can see that the violent crime rate was 750 incidents per 100,000 people.
This rate remained relatively stable, but by the mid-1990s, you start to see a downward trend.
Now, violent crime seems to be stable once again but at a much lower rate than previously.
The link provided on this slide will take you to the FBI UCR data page. If you were curious about the rates of other types of crimes (e.g., burglary, sexual assault), you can click on the various types of crimes and request the data from select dates where the data are available.
6
https://crime-data-explorer.app.cloud.gov/pages/explorer/crime/crime-trend
So now, let’s take a look at another example.
Here is the trend for property crime. Again, we are looking at the recorded data from the UCR from years 1990 to 2020. As you can see, the rate is much higher due to the prevalence of property crime compared to violent crimes.
As noted in the book, property crimes are more common than for example, homicide or aggravated assault.
The main takeaway I want you to focus on here is the downward trend. For the most part, crime has been declining.
What Is the Criminal Justice System?
Size of the System
Despite the decline in violent and property crimes, the annual system has grown dramatically until 2007.
CJS is huge and very costly.
Large proportions of juveniles and adults are under the control of the CJS.
By the end of 2016, more than 6.6 million adults were being supervised in jails, prisons, or on parole.
1 in every 38 adults
Lowest since 1994
7
1.1: List the three primary components of the criminal justice system.
Size of the System
Violent and property crimes have decreased since 1990s
Nonetheless, annual system growth was dramatic until 2007
Since 2007, annual growth has only slightly declined
6.6 million people under control of the adult correctional system (2016)
This translates to about 1 in every 38 adults were under some form of correctional supervision at the end of 2016.
What Is the Criminal Justice System?
6.6 million breakdown
3.7 million on probation
874,800 on parole
740,700 in jails
1.5 million in prison
8
When we break down the 6.6 million, we find that
3.7 million on probation
874,800 on parole
740,700 in jails
1.5 million in prison
This is Figure 1.1 Individuals Incarcerated Under State and Federal Jurisdiction, 1980–2016, from your textbook.
What Is the Criminal Justice System? (3 of 5)
Size of the System (update)
At end of 2019, about 6.3 million adults
1 in every 40 adults
Suggests a drop
9
I was curious so I pulled up the numbers from 2019, which is the latest available correctional numbers available to the public.
According to the U.S. Department of Justice, at the end of 2019, there were about 6.3 million adults under some form of correctional supervision in the U.S. (Minton, Beatty, Zeng, 2021).
This translates to 1 in every 40 adults, which suggests a drop since the 2016 numbers reported in your textbook.
Source:
https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/cpus19st.pdf
What Is the Criminal Justice System?
Gender, Race, and Hispanic Origin in the System
Men and people of color are imprisoned at higher rates.
10
Ethnicity (2016)
Men: no stats provided
Women: 66 per 100,000 persons
Race
Black (non-Hispanic)
Men: 2,336 per 100,000 persons
Women: 92 per 100,000 persons
White (non-Hispanic)
Men: 397 per 100,000 persons
Women: 49 per 100,000 persons
Gender
Male: 829 per 100,000 persons
Female: 63 per 100,000 persons
1.1: List the three primary components of the criminal justice system.
Gender, Race, and Hispanic Origin in the System
The adult imprisonment rate differs a lot by the offender’s gender, race, and Hispanic origin. According to 2017 statistics that are presented in your textbook, we find the following:
Gender (2017 stats)
Male: Imprisoned at the rate of 829 per 100,000
Female: Imprisoned at the rate of 63 per 100,000
Race (2016 stats)
Black (non-Hispanic)
Men: imprisoned at the rate of 2,336 per 100,000
Women: imprisoned at the rate of 92 per 100,000
White (non-Hispanic)
Men: imprisoned at the rate of 397 per 100,000
Women: imprisoned at the rate of 49 per 100,000
Hispanic origin (2016 stats)
Men: no stat provided
Women: imprisoned at the rate of 66 per 100,000
Personal characteristics of the offender are associated with harsher punishment
Ex: Black men may receive harsh punishment for a crime a white woman isn’t even arrested for
Personal characteristics of the victim are associated with harsher punishment for the perpetrator
Ex: victims who are tortured or harmed by a Black offender (especially if non-Black themselves)
What Is the Criminal Justice System?
Not all differences in imprisonment rate are based on variations in criminal behavior.
Research shows that some personal characteristics of the offender and victim affect harshness of punishment.
Example 1 from textbook: White woman and Black man commit the same crime.
Who is arrested?
Example 2 from textbook: Black man and White victim.
Harsher or reduced punishment?
11
1.1: List the three primary components of the criminal justice system.
Gender, Race, and Hispanic Origin in the System
Not all differences in imprisonment rate are based on variations in criminal behavior.
Research shows that some personal characteristics of the offender are associated with harsher punishment
Ex: Black men may receive harsh punishment for a crime a white woman isn’t even arrested for
Personal characteristics of the victim are associated with harsher punishment for the perpetrator
Ex: victims who are tortured or harmed by a Black offender (especially if non-Black themselves)
What Is the Criminal Justice System?
The Cost of the Criminal Justice System
In 2013, the criminal justice system employed 2.4 million people at a cost of $212 billion.
Each person in the United States paid $670 in 2013 to support the CJS.
Varies per state
~$33k is average
12
1.1: List the three primary components of the criminal justice system.
The Cost of the Criminal Justice System
In 2013, U.S criminal justice system employed 2.4 million people, costing $212 billion annually. This is in large part, a response to policy makers who want to be “tough on crime.”
Cost of incarceration varies greatly from state to state
The average cost per inmate is around $33,274. This number varies depending on state.
13
Scarcity of resources and overcrowding have prompted discussion of alternatives.
1.1: List the three primary components of the criminal justice system.
What does cost per state look like? Here are some examples drawn from the Vera Institute of Justice. These are data from 2015. In Alabama, you can see that the average cost per inmate was $14,780. In comparison, California’s cost per inmate was much higher at $64,642. Now, let’s look at Florida. In Florida, the average cost per inmate was $19,069.
Overcrowding and economic shortcomings have led to a call for options other than incarceration
Moving away from “get tough” policies of earlier decades
13
How Does the Criminal Justice System Work?
The CJS is large, complex, and has many systems in place.
14
https://bjs.ojp.gov/media/image/45506
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
Criminal justice system is large and interconnected between local, state, and federal systems/services, and it doesn’t always follow a clear path
For example, police officers may not always arrest a suspect; the district attorney or prosecutor may decide a case would be unwinnable at trial and discourage police from pursuing the suspect.
To better understand the system, we have to think of it as a road map.
It is also worth noting that while this image shows a linear path, the reality of each section of the criminal justice system overlaps and functions with feedback from others. As mentioned in the textbook and what research has shown, some types of crimes may be handled differently depending on how the prosecutor feels what is best for the trial.
How Does the Criminal Justice System Work?
A Road Map
A crime becomes known to the police.
Police investigate, identify, and apprehend the offender.
Information gathered is presented to the prosecutor.
Prosecutor files charges: a) plea bargain, b) trial, or c) nolle prosequi.
Nolle prosequi: “be unwilling to pursue”
*Charges not filed released
*Charges filed several avenues (e.g., determination of guilt, legal counsel, bail, grand jury)
15
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
A Road Map
1. Crime is discovered
Many crimes go unreported
2. Law enforcement investigates
Try to identify and apprehend perpetrator
Gather evidence
3. Prosecutor determines whether charges will be filed
Charges filed plea bargain, trial, or nolle prosequi
Nolle prosequi: Latin for “be unwilling to pursue,” this is commonly used by a prosecutor to willingly terminate legal proceedings before trial or before a verdict. This statement is often construed as an admission that charges cannot be proven.
Charges not filed accused is released from the system
4. If charged, accused is informed of charges against him or her
May have determination of guilt/innocence depending on circumstances
May be assigned legal counsel
Judge may make a bail determination
Grand jury may be convened
Indictment
No bill: a decision made by a grand jury that indicates that insufficient evidence is present to proceed with the case
How Does the Criminal Justice System Work?
A Road Map
Arraignment: defendant appears before judge, where charges and rights are read.
Defendant enters a plea: guilty, not guilty, or nolo contendere (“no-contest”)
Trial: prosecution and defense present evidence and question witnesses.
Conclusion of trial: conviction or acquittal.
Sentencing decided by judge or jury (in some capital cases).
Jail: < 1 year
Prison: > 1 year, indeterminant, determinant, release by parole
Alternatives: house arrest, boot camps, drug treatment, etc.
16
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
A Road Map
5. Arraignment
Charges are read
Defendant is informed of their rights
Plea entered
Guilty
Not guilty
Nolo contendere: a plea made by a defendant in which he or she neither admits nor disputes guilt. It is commonly referred to as a “no-contest” plea.
If pleas, may be sentenced immediately
May opt for judge or jury trial
6. Trial
Prosecution and defense present evidence
Judge rules on legal issues
Conviction or acquittal
Sentence may be imposed immediately, or at a second hearing
Accused may appeal verdict for procedural or constitutional errors
7. Punishment
Jail
Sentence less than 1 year
Prison
Sentence longer than 1 year
Indeterminate sentence: sentence given to a defendant in the form of a range of years to be served (e.g., 3 to 15 years)
Determinate sentence: sentence given to a defendant that is a fixed number of years (e.g., 3 years)
Release often determined by parole board
Alternatives to incarceration
House arrest, boot camps, intensive supervision, drug treatment, electronic monitoring
How Does the Criminal Justice System Work?
The Victim
Is missing from the classic road map of CJS.
May require medical care, emotional and psychological support, and/or assistance with insurance agencies.
17
Victim advocates: trained professionals who direct crime victims to emotional, psychological, or financial support.
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
The Victim
Victims are often forgotten in the road map of the criminal justice system
Victims’ interaction with the system takes many forms
Alert police that a crime has occurred, serve as a witness
Victim advocates: trained professionals who support crime victims as their cases move through the criminal justice system
How Does the Criminal Justice System Work?
Crime and the Importance of Personal Liberties
Increased criminalization loss of personal freedoms
Consequences of crime for victim, for taxpayers, for the criminal
Inalienable rights: rights that are universal and not contingent on laws or beliefs specific to a particular government or culture
Constitutional interpretation
Strict
Broad
Judicial activism: occurs when decisions are influenced by personal and political factors
18
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
Crime and the Importance of Personal Liberties
Increased criminalization of behavior leads to loss of personal freedoms
Inalienable rights: rights that are universal and not contingent on laws or beliefs specific to a particular government or culture
Constitutional interpretation
Strict interpretation
Broad interpretation
Judicial activism: refers to deviation from the literal meaning of the Constitution to take into account the present situation, including complex societal advances
How Does the Criminal Justice System Work?
Crime and the Importance of Personal Liberties
Example of citizens losing personal freedom: USA PATRIOT Act and USA Freedom Act exemplify this relationship.
USA PATRIOT ACT: broaden discretion.
Goal - to strengthen security measures.
USA Freedom Act: restore provisions in PATRIOT act, but limited metadata collected on citizens.
19
1.2: Identify the paths on which a crime may be handled in the criminal justice system.
Crime and the Importance of Personal Liberties
USA PATRIOT Act: the 2001 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, signed into law by President George W. Bush to strengthen security measures designed to protect the United States from attack
Reduced restrictions on intelligence gathering
Broadened discretion in detaining and deporting suspected terrorists
Allowed roving wiretaps, searches of business records, and broader surveillance
USA Freedom Act: a 2015 law that came into effect the day after the USA PATRIOT Act expired. This act restored many provisions of the PATRIOT Act but limited the collection of telecommunication metadata of citizens by the National Security Agency.
In August 2019, outgoing Director of National Intelligence sent a letter to Congress indicating the Trump administration’s intent to permanently extend provisions of the 1978 Foreign Intelligence Surveillance Act (FISA) in the Freedom Act
Reauthorization of those provisions is shared by Judiciary & Intelligence Committees in the Senate and House
After separate hearings, many demanded the provisions be allowed to expire
What Is a Crime?
“Crime”: the breaking of a law for which the criminal justice system or some other governing authority prescribes punishment.
Definition varies across geographic regions (localities, state, and nations).
20
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Crime: the breaking of a law for which the criminal justice system or some other governing authority prescribes punishment
Crime definitions can vary. Definitions varies across geographic regions (localities, state, and nations). For example, the use of peyote is considered a Schedule I drug by the DEA. However, the uses of peyote in Native American tribes for religious sacrament are protected.
What Is a Crime?
Definition varies based on person committing the act or the person victimized
Example: minors are illegal (i.e., underage drinking, driving)
21
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Crime: the breaking of a law for which the criminal justice system or some other governing authority prescribes punishment
Crime definitions can vary. Definitions varies based on the person committing the act or the person victimized. For example, many status offenses are considered crimes depending on age, such as underage drinking or driving without a license.
What Is a Crime?
Definitions of crime are not static.
They CHANGE OVER TIME.
22
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Crime: the breaking of a law for which the criminal justice system or some other governing authority prescribes punishment
Crime definitions can vary over time.
For example, crimes that were once illegal are now legal, and new restrictions are in place on behaviors that were once legal.
We will return to this point in the upcoming slides, but for now, I want you all to keep this in mind that crimes change over time.
What Is a Crime?
Street Crimes
Involve a victim and offender in same place and time.
Include homicide, rape, agg. assault, robbery.
Property Crimes
Are more common than street crimes.
Include motor vehicle theft, burglary, and property theft.
23
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Street Crimes
Street Crimes: these crimes are relatively common and serious, involving a victim and offender who come together in space and time
Examples include homicide, rape, assault, and robbery.
These types of crimes are often perpetrated by people known to the victim.
Property Crimes
Property Crimes: crime against property. The most common forms of property crime include burglary, property theft (aka larceny), and motor vehicle theft.
What Is a Crime?
Victimless Crimes
Involve illegal behavior that does not affect another person.
Include prostitution, drug use, and gambling.
White-Collar Crimes
Committed by occupational, corporate, or government professionals - Sutherland.
Include bribery, fraud, price fixing, and insider trading.
24
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Victimless Crimes
Victimless Crimes: these criminal offenses are thought not to involve victims because they do not directly harm individuals other than the offenders
Are victimless crimes really victimless?
White-Collar Crimes
These types of crimes are not victimless crimes
Bribery, securities fraud, Ponzi schemes, insider trading, medical fraud, etc.
White-collar crime affects more people than street and property crime combined.
Losses may be as high as $250 billion annually (Friedrichs)
Ex: Enron, Bernie Madoff
Definition of white-collar crime varies
What Is a Crime?
Cybercrime
Computer or computer networks.
Includes network infiltrations, viruses, cyberbullying, fraud, etc.
Terrorism
Is committed by subnational or extremist groups.
Targets noncombatants.
Has the purpose of influencing an audience.
25
1.3: Summarize why consensus for an exact definition of crime is difficult.
What Is Crime?
Cybercrime
Cybercrime: a form of illegal activity using a computer or computer networks as the primary method of commission. Examples of cybercrime include network intrusions, dissemination of computer viruses, stalking, bullying, and phishing.
Network intrusions, denial-of-service attacks, identity theft, child pornography, etc.
Relatively new and rapidly growing type of crime
Terrorism
Terrorism: the completed or threatened use of coercion and/or violence against a population of people with the goal of changing political, religious, or ideological positions.
Domestic terrorism (e.g., Timothy McVeigh)
International terrorism (e.g., ISIS)
Crime Definitions Change Over Time
Crimes are classified as:
Mala in se: behavior that is immoral (“sinful”) and inherently wrong by nature.
Examples: murder, robbery, rape
**Mala prohibita: behavior that is prohibited by law.
Examples: DUIs, drug possession, speeding
**Dynamic and changes over time
26
VS.
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Types of illegal behavior
1. Mala in se: one of two types of illegal behavior. Mala in se refers to behavior that is sinful and inherently wrong by nature (e.g., murder, robbery).
2. **Mala prohibita: one of two types of illegal behavior. Mala prohibita describes behavior that is prohibited by law.
**What constitutes mala prohibita is dynamic and has changed over time.
Crime Definitions Change Over Time
Decriminalization: the act of ending or reducing criminal penalties associated with some behaviors.
Example: possession of marijuana.
27
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Types of illegal behavior
Decriminalization: the act of ending or reducing criminal penalties associated with some behaviors. One example of this would be the decriminalization of possession and use of marijuana. This varies by state as shown in the map.
Crime Definitions Change Over Time
Justifiable Homicide
Self-defense, defending others, and state-sanctioned executions.
Examples?
Castle doctrine, “make my day” laws.
Homeowners do not have to retreat
Adultery
Originally, sex between a married woman and a non-spouse partner.
Past justification: determine paternity
Wide decriminalization across states.
28
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Justifiable Homicide
Justifiable homicide: the lawful killing of another person, such as when a law enforcement officer or a citizen kills in self-defense or to defend another
Definition of what constitutes justifiable homicide has evolved over time
Self-defense, state-sanctioned executions, killing in times of war
To be justified, offender must pose an imminent threat to the life or well-being of others
Castle doctrine: a legal doctrine that states that homeowners are no longer required to retreat if threatened by intruders. In some states it extends beyond homes (e.g., in Texas and in Florida)
Adultery
Adultery: in general, sex by a married person with someone other than his or her spouse; specific laws differ by state, as does the level of criminality associated with it
Decriminalized over time
Definitions and punishments varied by state
Crime Definitions Change Over Time
Driving Under the Influence
Increased criminalization.
Unlike marijuana use.
BAC limit: 0.08% in all states, punishment varies.
29
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Driving Under the Influence
Has become more criminalized over the years
Blood alcohol content limit of 0.08% in all states, although punishments vary
Crime Definitions Change Over Time
Rape
Mala in se crime.
**Broadening of legal definition.
FBI definition: rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
In the past, rape was specific to female victims.
Pre-1975, rape by definition, could NOT occur between married partners.
Now, there are marital rape laws.
Distinctions from “sexual assault” and “sexual abuse.”
30
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Rape
Rape: per the FBI, rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim
**Definition has evolved over time to recognize changing attitudes (even though it is considered a mala in se crime).
The 2011 change to the most current FBI definition acknowledged that males could be victims of rape, while women could be perpetrators of rape
Prior to 1975, rape by definition could NOT occur between married partners. But now, all states have marital rape laws.
Sexual assault: encompasses a variety of acts that are sexual in nature, including unwanted touching, kissing, rubbing, groping, or forcing the victim to touch the perpetrator in sexual ways. Some argue that sexual assault includes rape, yet many others see them as distinct.
Sexual abuse: a phrase generally used to describe sexual violence committed against children. It can include actions such as forced touching, requiring the child to sexually touch the perpetrator, or forcing him or her to watch sexual activity. Regardless of the specific acts, sexual abuse is criminal behavior.
Brock Turner: A Case Study in Defining Rape
Two men caught Turner, a Stanford University student, assaulting an unconscious woman in front of a dumpster
Initially charged with two counts of rape; these had to be dropped as California law then required a penis to be used to be guilty of rape
Ultimately charged with: assault with intent to rape an intoxicated person, sexually penetrating an intoxicated person with a foreign object (his fingers), and sexually penetrating an unconscious person with a foreign object
Served only three months of his six-month sentence
Public outrage at this lenient sentence resulted in the judge being recalled and changes to California’s statutory definition of rape to align with FBI definition
Crime Definitions Change Over Time
Rape
Distinctions from “sexual assault” and “sexual abuse.”
Sexual assault: a variety of acts that are sexual in nature (e.g., unwanted touching, kissing, rubbing, etc.).
Sexual abuse: a phrase generally used to describe sexual violence committed against children (e.g., forced touching, requiring the child to sexually touch the perpetrator, or forcing him or her to watch sexual activity).
Example in book: Brock Turner
31
1.4: Explain why crime definitions may change over time.
Crime Definitions Change Over Time
Rape
Sexual assault: encompasses a variety of acts that are sexual in nature, including unwanted touching, kissing, rubbing, groping, or forcing the victim to touch the perpetrator in sexual ways. Some argue that sexual assault includes rape, yet many others see them as distinct.
Sexual abuse: a phrase generally used to describe sexual violence committed against children. It can include actions such as forced touching, requiring the child to sexually touch the perpetrator, or forcing him or her to watch sexual activity.
Regardless of the specific acts, sexual abuse is criminal behavior.
Your text provides an example of how definitions have changed using Brock Turner.
Brock Turner: A Case Study in Defining Rape
Two men caught Turner, a Stanford University student, assaulting an unconscious woman in front of a dumpster
Initially charged with two counts of rape; these had to be dropped as California law then required a penis to be used to be guilty of rape
Ultimately charged with: assault with intent to rape an intoxicated person, sexually penetrating an intoxicated person with a foreign object (his fingers), and sexually penetrating an unconscious person with a foreign object
Served only three months of his six-month sentence
Public outrage at this lenient sentence resulted in the judge being recalled and changes to California’s statutory definition of rape to align with FBI definition
The Criminal Justice System: Purpose and Perspectives
What is the purpose of the criminal justice system?
Answer depends
Distinct perspective, but NOT mutually exclusive
5 perspectives:
Crime control
Rehabilitation
Due process
Restorative justice
Nonintervention
32
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
So, what is the purpose of the criminal justice system?
The answer depends on who you ask. People are often surprised by the lack of agreement over the purpose of the criminal justice system. According to the textbook, there are 5 distinct perspectives. Please keep in mind that although these perspectives are distinct and have their own goals, these perspectives are not necessarily mutually exclusive.
The five perspectives are: 1. Crime control, 2. Rehabilitation, 3. Due process, 4. Restorative justice, and 5. Nonintervention.
Which perspective is which?
5 perspectives:
Crime control
Rehabilitation
Due process
Restorative justice
Nonintervention
5 roles of the system…
Provide offenders with necessary tools to support themselves
Decriminalization and legalization of nonserious crimes
Punitive and punish
Make sure no one is treated differently
Making victim whole again
Match the perspective to the role of the system!
33
The Criminal Justice System: Purpose and Perspectives
1. Crime Control
Offenders should be harshly punished to prevent crime.
When punishment is weak or avoided, offenders do not fear apprehension.
Assumes offenders are impulsive
and/or thrill-seeking.
Role of system: punitive.
Research shows crime control is
ineffective.
Why? High recidivism rates suggest that
focusing on punishment doesn’t work.
34
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
Crime Control
Crime control perspective: a popular view of the role of the criminal justice system. This perspective states that the goal of the system is to prevent crime by shrewdly and harshly punishing offenders.
Favors effective law enforcement, long sentences, and mandatory punishment
Role of the system is punitive
Research suggests this model is not effective, efficient, or economically sound
Why? Because the high recidivism rates suggest that focusing on punishment doesn’t work.
*Recidivism essentially means that the person returns back to criminal behavior.
The Criminal Justice System: Purpose and Perspectives
2. Rehabilitation
CJS should care for and treat people who cannot take care of themselves.
Assumes offenders have blocked opportunities (e.g., employment, lack of education, lack of treatment etc.).
Crime is the only option.
Role of system: provide offenders
with necessary tools to support
themselves.
Research shows rehabilitation is
effective, but costly.
35
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
Rehabilitation
Rehabilitative perspective: a view that the purpose of the criminal justice system is to rehabilitate offenders.
Crime is the result of blocked opportunities
Role of the system is to provide individuals with the means to improve their lives (e.g., education, employment, positive role models).
Research shows rehabilitation is effective, but costly.
The Criminal Justice System: Purpose and Perspectives
3. Due Process
CJS must ensure all accused of crimes are treated fairly and equally.
Based on U.S. Constitution.
Assumes all offenders should be treated equitably.
Role of system: make sure no one is treated differently based on any characteristics (e.g., race, ethnicity, age, income or
religion).
Research shows that the CJS fails to maintain
due process. Contact throughout the CJS varies
depending on several factors such as race, ethnicity.
36
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
Due Process
Due process perspective: a view that the role of the criminal justice system is to ensure that all people accused of crimes are treated fairly and equally in the system.
Basis is found in the U.S. Constitution.
Assumes all offenders should be treated equitably.
Role of the system is to make sure no one is treated differently based on offender characteristics.
Research shows that the CJS fails to maintain due process. Contact throughout the CJS varies depending on several different factors such as race and ethnicity.
The Criminal Justice System: Purpose and Perspectives
4. Restorative Justice
CJS should repair the harm caused by criminal behavior.
Focus is on cooperation among 3 groups.
Assumes offenders should “pay” for their crimes
Responsibility and agreed-upon
means ($, service)
Role of system: making the victim whole
again
Research shows that restorative justice
has the highest rate of victim satisfaction
and offender accountability.
37
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
Restorative Justice
Restorative justice perspective: a view that the role of the criminal justice system is to restore justice as much as possible through repairing the harm caused by criminal behavior.
Focuses on cooperation between victims, offenders, and members of the community (e.g., through restitution, community service, repairing damaged property).
Role of the system is to make the victim whole again.
Research suggests restorative justice has the highest rate of victim satisfaction and offender accountability.
The Criminal Justice System: Purpose and Perspectives
5. Nonintervention
CJS should be involved as minimally as possible.
Assumes stigma of CJS interaction results in self-fulfilling prophecy.
Role of system: decriminalization and legalization of nonserious, victimless crimes.
Research shows that decriminalization
may work in some areas, but not in
others.
Possession of marijuana,
but may not with other types of drugs
38
1.5: Review the five perspectives of the criminal justice system.
The Criminal Justice System: Purpose and Perspectives
Nonintervention
Nonintervention perspective: a view that the role of the criminal justice system is to be as minimal and nonintrusive as possible
Assumes criminal justice system stigmatizes offenders
Role of system: advocates decriminalization or legalization of nonserious, victimless crimes
Research shows that decriminalization may work in some areas (e.g., possession of marijuana), but not in others.
Criminal Justice and Public Policy
Social control represents the methods used to ensure conformity and compliance from its members.
39
1. Consensus Model – John Locke
Everyone works together to achieve justice.
There is general agreement about what behaviors are harmful to the majority of the public.
Ex. Murder
When we think about CJ and public policy, we also want to keep in mind the purpose of it in terms of social control. What does this mean?
Well, on one hand, we have the Consensus Model, founded by philosopher John Locke.
In the Consensus Model, everyone works together to achieve justice. Overall, there is this general agreement of what behaviors are tolerable in society and what behaviors are harmful.
Keep in mind the act of murder. Would you say that everyone, in general, would find murder tolerable or harmful?
Criminal Justice and Public Policy
Social control represents the methods used to ensure conformity and compliance from its members.
40
2. Conflict Model – Karl Marx
CJS reflects struggle between haves and have-nots.
Those with power define what is criminal.
Ex. Crack vs. cocaine
On the other hand, we have a different perspective on social control. This alternative perspective stems from a Conflict Model, made popular by Karl Marx.
In this perspective, the Conflict Model views the CJS as a struggle between 2 positions in society: 1) the HAVEs, and 2) the HAVE NOTs.
Here, the HAVEs have a lot of power. This power translates into what the group wants to define as “criminal.” In contrast, the HAVE NOTs do not get a say in terms of what is deemed “criminal”. They just have to live with the rules that are being established.
What’s an example? Consider the “crack vs. cocaine” debate.
41
Be sure you understand the conflict model and how this example (crack vs. cocaine) is an application of the conflict model.
In the past, especially in the early 1990s when crack and cocaine use became widely popular, there was a stark difference in how drug users were viewed in the criminal justice system. This is quite interesting because both drugs (crack and cocaine) are essentially the same drug. Cocaine is in the “pure” form and more potent compared to crack. Crack is a derivative of cocaine and a more diluted form.
If an individual was caught with crack (albeit, a small amount), they were sentenced, on average, around 115 months in prison.
In comparison, if an individual was caught with cocaine (had to be a higher amount), they were sentenced, on average, a much shorter prison length around 87 months.
So why the difference?
According to a Conflict Model, this would be an example of a “Haves” making the rules vs. the “Have Nots.” Now, you may be thinking, in what way does this demonstrate a Conflict Model?
Consider the research in terms of the different users of each drug.
Cocaine is a very expensive drug. Again, cocaine is in the purest form. Crack, in contrast, is much cheaper. Who are the ones using each type of substance? Those who tend to be more wealthy and richer can afford cocaine. Those who tend to be less well off and poorer can probably only afford crack. Each group has a goal in mind: to get high.
So why the difference in terms of prison length? Both groups are essentially engaging in illegal substance use. However, it can be argued (again, from a Conflict perspective), that those in power who are caught with cocaine may not have the “time” to be in prison. They may have businesses to run or being in prison can largely impact their reputation. So, to make the laws work in their favor, it can be argued that they influenced the laws to reduce the penalty for cocaine to essentially “save themselves” if caught.
41
Crime and the Media
Framing
Presentations that simplify information. “Packaging” omits nuances.
Important for policymakers
42
5 types:
Faulty criminal justice frame: crimes are committed because criminals feel they can get away with it.
Blocked opportunities frame: crime results from lack of legal opportunities among offenders.
1.7: identify key elements in the relationship between crime and media
Crime and the Media
Framing
Framing: the packaging of criminal events in the media into tidy presentations that make sharing the information easy
Faulty criminal justice system frame: suggests that crime occurs because of a dearth of law and order in the country and that criminals offend because they feel they can get away with it
Blocked opportunities frame: this frame indicates that crime results from a lack of legal options. Offenders live in poverty; are uneducated, unemployed, and discriminated against; and because of that commit crime.
Crime and the Media
Framing
Social breakdown frame: crime is an obvious result of a breakdown in family and community.
Racist system frame: CJS, law enforcement, courts, and corrections which are depicted as racist agents of oppression.
Violent media frame: crime is a result of the violence in television, movies, video games, and music.
43
1.7: identify key elements in the relationship between crime and media
Crime and the Media
Framing
Social breakdown frame: indicates that crime is the result of a breakdown in family and community
Racist system frame: indicates that the problem is not crime, but rather that law enforcement, courts, and corrections are racist agents of oppression
Violent media frame: this frame depicts crime as a direct result of the violence present in television, movies, video games, and music
Crime and the Media
Narrow-Casting
Presents a narrow view of information in the media.
Has a small homogeneous audience.
Example: specific for-profit programs
44
Infotainment
Is highly edited and distorted.
Purports to be truthful and comprehensive.
Result: false beliefs about crime
1.7: identify key elements in the relationship between crime and media
Crime and the Media
Infotainment
Infotainment: the marketing of a highly edited and distorted combination of entertainment and information purported to be truthful and comprehensive
Results in widespread false beliefs about crime.
Example: Strangers commit most crime, only guilty people confess to crime.
Why the photo of “Legally Blonde”? This would be another example of “infotainment.” For those of you who have not seen this film, in this specific scene, the guilty defendant dramatically confesses to her crime during the criminal trial. In reality, not all guilty defendants will admit guilt in such a manner while on trial. However, the film makes us believe (or its portrayal) that all guilty individuals WILL confess when questioned.
Narrow-Casting
Narrow-casting: the presentation of a narrow view of information in the media to small homogeneous audiences
The fewer media outlets there are, the more perspectives each outlet has to offer on crime to appeal to more viewing audiences
With today’s functionally unlimited media channels, each can occupy its own niche to provide a small audience with narrow, often-distorted views of reality
Criminal Justice Versus Criminology
Criminal justice: refers to the system (law enforcement, courts, and corrections).
Practitioner side that focuses on the system and CJ actors.
Criminology: refers to the study of the nature, extent, causes of criminal offending, and criminal victimization.
Theory side that focuses on the crime and behaviors of offenders and victims.
45
1.8: Differentiate between criminal justice and criminology.
Criminal Justice Versus Criminology
Criminal justice: refers to the system of law enforcement, courts, and corrections. Note, when we talk about “criminal justice” we often think about the criminal justice system and its actors (like police officers, court judges, defendants, correctional officers to name a few).
Criminology: refers to an academic discipline that investigates the nature, extent, and causes of criminal offending and criminal victimization. So, when we think of “criminology”, we often think about criminologists who study crime data and the theories as to why crime exists.
Throughout the course, we will focus primarily on the criminal justice side to the study of crime. Although we will cover some criminological theories, most of the focus will be on the criminal justice system, the laws we have set in U.S. society and crime data.
