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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 W W II

• 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 – U S A 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

Criminal Justice: A Brief Introduction
Introduction
A Brief History of Crime in America (1 of 3)
A Brief History of Crime in America (2 of 3)
A Brief History of Crime in America (3 of 3)
Figure 1.2 The Theme of This Book
Individual Rights vs. Public Order (1 of 2)
Individual Rights vs. Public Order (2 of 2)
Criminal Justice and Basic Fairness (1 of 2)
Criminal Justice and Basic Fairness (2 of 2)
Slide 11
Models of Criminal Justice
American Criminal Justice Process (1 of 6)
American Criminal Justice Process (2 of 6)
American Criminal Justice Process (3 of 6)
American Criminal Justice Process (4 of 6)
American Criminal Justice Process (5 of 6)
American Criminal Justice Process (6 of 6)
Due Process and Individual Rights
The Role of the Courts in Defining Rights
The Ultimate Goal: Crime Control through Due Process (1 of 2)
The Ultimate Goal: Crime Control through Due Process (2 of 2)
Evidence-Based Practice in Criminal Justice
The Start of Academic Criminal Justice
Multiculturalism and Diversity in Criminal Justice (1 of 2)
Multiculturalism and Diversity in Criminal Justice (2 of 2)
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