INTRO TO ADMIN OF JUSTICE PAPER

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Criminal Justice: A Brief Introduction

Twelfth 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 is a vital component of the American 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

Sale and use of illicit drugs, President Reagan declared a "war on drugs

1990s

"Get tough on crime" era

2001

Sept. 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

2010-

Declining rates of "traditional crimes, epidemic of mass shootings, inner-city murders, random violence sweeps public venues across the U.S.

Figure 1–2 The Theme of This Book

Note: Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.

Individual Rights vs. Public Order (1 of 2)

Individual-Rights Advocates

Seek to protect personal freedoms within the process of criminal justice

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

Individual Rights vs. Public Order (2 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

21st century

Shift away from offenders as victims, now see offenders as a dangerous social predators

Criminal Justice and Basic Fairness (1 of 2)

Justice

The principle of fairness; the ideal of moral equity

Social justice

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

Figure 1–3 The Core Components of the American Criminal Justice System and Their Functions

Models of Criminal Justice

Consensus Model

Justice system components work together to achieve justice

Criticized for implying more organization and cooperation than actually exists

Conflict Model

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

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

Booking

Taking pictures, fingerprints, personal information from suspect

American Criminal Justice Process (3 of 6)

First Appearance

Suspects 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/ 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 adversarial process before a judge and/or jury to decide guilty or innocence

Sentencing

Punishment determined by judge, sentencing hearing may be held first where both sides can present information to influence the judge's decision

American Criminal Justice Process (6 of 6)

Corrections

Begins following sentencing, carries out 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

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

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

Strong 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

Multiculturalism

Society with 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

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

Multiculturalism is one form of diversity