CJ 150

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What is Criminal Justice?

Criminal Justice Today

An Introductory Text for the 21st Century

CHAPTER

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

A Brief History of Crime in America

Crime control has long been a primary concern of politicians and government leaders worldwide.

The American experience with crime over the last 50 years has helped to shape the modern criminal justice system.

Crime waves have come and gone throughout history.

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

A Brief History of Crime in America

1850–1880

Crime epidemic due to immigration and Civil War

Early 20th century

Widespread organized criminal activity associated with Prohibition

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

A Brief History of Crime in America

1940s–1960

Crime rates remained stable after WWII.

1960s–1970s

Civil Rights Movement led to increased emphasis on individual rights.

Dramatic increase in reported crime

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

A Brief History of Crime in America

1980s

War on Drugs and emergence of "crack"

1990s

Public perception of increasing crime

1995 Oklahoma City bombing

1999 Columbine High School Massacre

September 11, 2001

Law enforcement must involve global efforts.

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

A Brief History of Crime in America

Early 2000s

Increase in corporate, white collar crime

Current era

Low and declining rates of traditional crime

Increasing technology-based crime

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Theme of this Book

Individual rights perspective

Protect personal freedoms and civil rights within the criminal justice process

Public order perspective

Under certain circumstances involving criminal threats to public safety, the interests of society should take precedence over individual rights

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Criminal Justice and Basic Fairness

Justice

The principle of fairness; the ideal of moral equity

Social justice

An ideal that embraces all aspects of civilized life

Linked to notions of fairness and to cultural beliefs about right and wrong

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Criminal Justice and Basic Fairness

Civil justice

One component of social justice

Fairness in relationships between citizens, government agencies, and businesses in private matters

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Criminal Justice and Basic Fairness

Criminal justice

Aspects of social justice concerning violations of the criminal law

Truth in action within the process of the administration of justice

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Models of Criminal Justice

Consensus model

Assumes CJS components work together to achieve justice

Systems cooperate; smooth movement through system

Criticized for implying more organization, cooperation than actually exists

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Models of Criminal Justice

Conflict model

Assumes goals of CJS components conflict, leading to a criminal justice "nonsystem"

Justice is a product of conflict, not cooperation.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Components of the American CJS

Police

Enforce the laws

Courts

Conduct fair and impartial trials

Corrections

Carry out sentences imposed by the courts

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Investigation and Arrest

Investigation

Start of modern justice process

Arrest

Act of taking person into custody

May involve arrest warrant

Miranda v. Arizona

Miranda warnings must be given before questioning.

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Investigation and Arrest

Booking

Administrative procedure following arrest

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Pretrial Activities

First appearance

Opportunity for bail

Preliminary hearing

Establish probable cause

Information or indictment

Arraignment

Enter a plea

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Adjudication

Defendant has right to trial by jury (6th Amendment).

Does not cover petty offenses

Most cases are dealt with through plea bargaining, not trial.

Trials governed by procedural law

Defendant may waive right to jury trial and be tried by a judge (bench trial).

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Sentencing

After conviction, judge imposes sentence (punishment).

May involve supervised probation, fine, prison term, or some combination

Presentence report helps judge make appropriate sentencing decision.

Multiple convictions may result in consecutive or concurrent sentences.

Convictions may be appealed.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Corrections

Corrections stage begins after sentencing.

Offender sentenced to prison are classified and assigned to confinement facilities and treatment programs.

Modern prisons still suffer from "lock psychosis" and lack of significant rehabilitation programs.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Reentry

Sentence may involve serving time in the community.

Probation

Community-service activities

Offenders sentenced to prison may be freed on parole.

Supervised by parole officer

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Due Process

Due process = procedural fairness

Required by U.S. Constitution

Recognizes individual rights of criminal defendants

Violations may lead to dismissal of evidence or criminal charges.

Underlies Bill of Rights

Specifically guaranteed by 5th, 6th, and 14th Amendments

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Role of Courts in Defining Rights

Rights open to interpretation

Modern rights would not exist in practice if Supreme Court had not recognized them in cases.

Decisions rendered by Supreme Court may carry as much weight as legislative action.

Judge-made law

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Crime Control through Due Process

Two main goals of criminal justice represent two models of system

Crime control model

Values efficient arrest and conviction

Due process model

Emphasis on individual rights

American system of justice must be representative of crime control through due process.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Evidence-Based Practice in Criminal Justice

Criminal justice focusing on evidence-based practices

Crime-fighting strategies that have been scientifically tested and are based on social science research

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Start of Academic Criminal Justice

1920s

August Vollmer began university-level criminal justice courses.

Early education was practice-oriented.

1960s-1970s

Criminology introduced to criminal justice education

NIJ supports research in criminal justice field.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Multiculturalism and Diversity

Multiculturalism

Society with many different cultures, each with its own norms values, and behaviors

American society is truly multicultural.

Diversity

Diversity characterizes both immigrant and U.S.-born individuals.

Multiculturalism is one form of diversity.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger