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Criminal Justice: A Brief

Introduction Thirteenth Edition

Chapter 1

What Is Criminal Justice?

Introduction

• Crime

– Conduct in violation of the criminal laws of a state, the

federal government, or a local jurisdiction, for which

there is no legally acceptable justification or excuse

• Procedural fairness

– The process by which decisions that feel fair to those

involved are made

• Procedural justice

– The application of procedural fairness to the criminal

justice system

A Brief History of Crime in America (1 of 3)

• 1850-1880

– Civil War; widespread immigration; crime epidemic

• 1920-1933

– Prohibition; organized crime

• 1940s-1960

– Crime rates remained stable after WWII

• 1960-1970

– Civil rights movement; increase in reported crime

A Brief History of Crime in America (2 of 3)

• 1980s

– Increase in sale and use of illicit drugs; President

Reagan declared a “war on drugs”

• 1990s

– “Get tough on crime” era

• 2001

– September 11 attacks

– USA PATRIOT Act increases investigatory authority of

federal, state, and local police agencies

A Brief History of Crime in America (3 of 3)

• Early 2000s

– Focus on corporate and white-collar crime;

Sarbanes–Oxley Act; Madoff’s Ponzi scheme

• 2012–2018

– Declining rates of “traditional crimes; epidemic of

mass shootings; inner-city murders; random violence

sweeps public venues across the United States

• 2019–Present

– Cybercrimes threaten national security

Figure 1.2 The Theme of This Book

Individual Rights vs. Public Order (1 of 2)

• 1960s and 1970s

– Civil rights era—strong emphasis on individual rights

– Focus on guaranteeing the rights of defendants,

attempting to understand root causes of crime and

violence

• Twenty-first century

– Shift away from seeing offenders as victims toward

viewing offenders as dangerous social predators

Individual Rights vs. Public Order (2 of 2)

• Individual-Rights Advocates

– Seek to protect personal freedoms within society and

the criminal justice process

• Public-Order Advocates

– Believe that under certain circumstances involving a

criminal threat to public safety, the interests of society

should take precedence over individual rights

Criminal Justice and Basic Fairness (1 of 2)

• Justice

– The principle of fairness; the ideal of moral equity

• Social justice

– An ideal that embraces all aspects of civilized life

– Linked to fundamental notions of fairness and to

cultural beliefs about right and wrong

Criminal Justice and Basic Fairness (2 of 2)

• Civil justice

– A component of social justice concerned with fairness

in relationships between citizens, government

agencies, and businesses in private matters

• Criminal justice

– The aspects of social justice that concern violations of

the criminal law

• Administration of justice

– The performance of basic activities within the criminal

justice system

Figure 1.3 The Core Components of the American

Criminal Justice System and Their Functions

Models of Criminal Justice

• Consensus Model

– Assumes justice system components work together to

achieve justice

– Criticized for implying more organization and

cooperation than actually exists

• Conflict Model

– Assumes justice system components function to

serve their own interests

– Justice results from conflict rather than cooperation

American Criminal Justice Process (1 of 6)

• Investigation

– Evidence collected, reconstruction of criminal event,

attempts to identify suspects

• Arrest warrant

– Issued by judge, provides legal basis for

apprehension of suspects by police

American Criminal Justice Process (2 of 6)

• Arrest

– Act of taking a person into custody

– Arrestee’s freedom is limited

• Booking

– Taking pictures, fingerprints, personal information

from suspect

American Criminal Justice Process (3 of 6)

• First Appearance

– Suspects brought before a magistrate

– Suspects are notified of the charges, advised of their

rights, may have opportunity for bail

• Preliminary Hearing

– Establishes whether there is sufficient evidence to

continue the justice process; gives prosecutor the

opportunity to test the strength of the evidence

American Criminal Justice Process (4 of 6)

• Information or Indictment

– Information—filed by prosecutor seeking to continue the case

– Indictment—returned by grand jury

• Arraignment

– Defendant hears information or indictment, is advised

of rights, and is asked to enter a plea

American Criminal Justice Process (5 of 6)

• Adjudication

– Trial is an adversarial process before a judge and/or

jury to decide guilty or innocence

– Not held if defendant decides to enter a guilty plea

• Sentencing

– Punishment determined by judge

– Sentencing hearing may be held to allow both sides

to present information to influence the judge’s

decision

American Criminal Justice Process (6 of 6)

• Corrections

– Period following sentencing, involves imposition of

sentence imposed on the defendant

• Reentry

– Following corrections, an offender may be returned to

the community

Due Process and Individual Rights

• Due process is procedural fairness

– Recognizes individual rights of defendants facing

prosecution

– Underlies the Bill of Rights

– Specifically guaranteed by the 4th, 5th, 6th, and 14th

Amendments

– Due process standard was set in the 1960s by the

Warren Court

The Role of the Courts in Defining

Rights

• Rights are open to interpretation.

• Modern rights would not exist in practice if Supreme

Court had not recognized them in cases

• Supreme Court decisions have far-reaching

consequences

– Become, in effect, the law of the land

– May carry as much weight as legislative action

The Ultimate Goal: Crime Control

through Due Process (1 of 2)

• Crime-control model

– Emphasizes the efficient arrest and convictions of

offenders

• Due process model

– Emphasizes individual rights at all stages of the

justice system processing

• These are often assumed to be opposing goals

The Ultimate Goal: Crime Control

through Due Process (2 of 2)

• American system of justice should be representative of

crime control through due process

– A system of social control that is fair to those it

processes

– Law enforcement infused with the recognition of

individual rights

Evidence-Based Practice in Criminal

Justice

• Evidence-based practice

– Crime-fighting strategies that have been scientifically

tested and are based on social science research

– A major element in the increasing professionalization

of criminal justice

• Increasing demand for the application of evidence-based

practices throughout criminal justice

The Start of Academic Criminal

Justice

• Began in the late 1920s

– Early criminal justice education was practice oriented

– Focused on applying general management principles

to police administration

– Organizational effectiveness

• By 1960s, criminal justice began to apply social science

research techniques

Multiculturalism and Diversity in

Criminal Justice (1 of 2)

• Multiculturalism

– Society containing diverse groups that maintain

unique cultural identities while accepting and

participating in the larger society’s legal and political

systems

– American society is truly multicultural

• Social diversity

– Differences between individuals and groups in the

same society

– Characterizes immigrant and U.S.-born individuals

Multiculturalism and Diversity in

Criminal Justice (2 of 2)

• Multiculturalism is one form of diversity

• Diverse values, perspectives, and behaviors

characteristic of various groups in society affect the

justice system

• Cultural competence

– Ability to interact effectively with people of different

cultures

– Helps ensure the needs of all community members

are addressed

– Necessary for anyone working in the justice system