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CHAPTER. 1. What is Criminal Justice?. Criminal Justice:. … in its broadest sense, the aspects of social justice that concern violations of the criminal law …. Criminal Justice:.

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chapter
CHAPTER

1

  • What is Criminal Justice?
criminal justice
Criminal Justice:

… in its broadest sense, the aspects of social justice that concern violations of the criminal law …

criminal justice1
Criminal Justice:

… in the strictest sense, the criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.

criminal justice2
Criminal Justice:
  • … the study of criminal justice also includes the following viewpoints:
  • individual rights
  • public order
slide5
What is the

Definition of Crime?

crime
Crime:

… conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally accepted justification or excuse.

american history
American History

A Brief Overview of Social

Phenomena 1850 - Present

  • 1850 - 1880: social upheaval caused by immigration.
  • 1960s-1970s: rights of ethnic, racial minorities, women, war protests.
american history1
American History

A Brief Overview of Social Phenomena 1850 - Present

  • The 1980s saw a dramatic increase in sale and use of
  • illicit drugs.
  • The 1990s saw violent encounters among citizens and law enforcement agents.
american history2
American History

A Brief Overview of Social

Phenomena 1850 - Present

  • The year 2000 saw an emphasis on responsibility and punishment of offenders.
  • Terrorism on American soil is of central concern today.
justice
Justice:

… principle of fairness,

the ideal of moral equity.

social justice
Social Justice:
  • Civil Justice
  • Criminal Justice
civil justice
Civil Justice:

…deals with fairness in relationships between citizens, government agencies, and business in private matters.

criminal justice3
Criminal Justice:

…concern for violations of the criminal law.

the theme of this book
The Theme of this Book

Individual Rights vs. Public Order

the theme of this book1
and

Individual Freedom vs. Public Safety

The Theme of this Book
individual rights advocates
Individual Rights Advocates:

…seek to protect personal freedoms within the process of criminal justice.

public order advocates
Public Order Advocates:

…suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

police investigation and arrest
proactivelaw enforcement

vs.

reactivelaw enforcement

Police: Investigation and Arrest

Police become aware of a violation of law.

types of police responses reactive
The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol.Types of Police Responses: Reactive
warrant
Warrant:

…in criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it.

arrest
Arrest:

…the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense…

arrest1
Arrest:

…or a delinquent act or status offense terminating with the recording of a specific offense.

miranda v arizona 1966
Miranda v. Arizona (1966)

The U.S. Supreme Court reversed the conviction of Ernesto Miranda and thereby established guidelines for the police to follow in the interrogation of suspects.

miranda v arizona 19661
Miranda v. Arizona (1966)
  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to talk to an attorney and have him/her present while you are being questioned.
miranda v arizona 19662
Miranda v. Arizona (1966)

After the warnings have been given, the following questions should be asked.

  • Do you understand each of these rights I have explained to you?
  • Having these rights in mind, do you wish to talk to us now?
booking
At time of booking, the accused’s name, address, time and place of arrest, and charges are entered into the police log.

Fingerprints and photos can also be taken.

Booking

An administrative process officially recording an entry into detention after arrest.

first appearance
Usually occurs within 24 hours of arrest.

Charges against the suspect are read.

Accused is advised of his/her rights.

First Appearance
preliminary hearing grand jury
The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime.Preliminary Hearing: Grand Jury
probable cause
Probable Cause:

…a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime.

preliminary hearing grand jury1
When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment.Preliminary Hearing: Grand Jury
preliminary hearing
Whether a crime was committed.

Whether the crime occurred within the territorial jurisdiction of the court.

Whether there are reasonable groundsto believe that the defendant committed the crime.

Preliminary Hearing

A proceeding before a judicial officer in which three matters must be decided:

arraignment1
An attorney is provided if the defendant has not yet retained one.

The defendant is asked to enter a plea.

If the plea is “not guilty,” than a trial date is set.

Arraignment
arraignment2
Arraignment:

…the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his/her rights, and the defendant is required to enter a plea.

arraignment3
Arraignment:

…in some instances, it also means any appearance in court prior to trial in criminal proceedings.

trial
If the defendant enters a plea of “ not guilty” at the arraignment, the proceedings will move forward to the trial phase.Trial
trial1
At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime.Trial
trial2
In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s).Trial
sentencing
Fine

Probation

Prison

Community Corrections

Sentencing

Once convicted, judge imposes punishment in the form of:

sentencing1
Sentences can be served:

consecutively - one after another

concurrently-served at the same time

Sentencing
corrections
Corrections:

…a component of the criminal justice system in which the offender serves the sentence imposed.

corrections1
Corrections
  • probation
  • prison
  • community corrections
  • parole
due process
Due Process:

…asserts that fundamental principles of justice must be guaranteed in any criminal proceeding, and that the administration of the law in a criminal case must not violate individual rights.

due process1
Due Process:

…aright guaranteed by the 4th, 5th, 6th, and 14th Amendments to the U.S. Constitution, and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights.

slide53
Constitutional

Amendments

the fourteenth amendment
The Fourteenth Amendment

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws….”

the fourth amendment
The Fourth Amendment
  • The prohibition against unreasonable searches and seizures.
  • The exclusionary ruleprohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant.
the fifth amendment
The Fifth Amendment
  • bar against double jeopardy
  • privilege against forced self-incrimination
the sixth amendment
The Sixth Amendment
  • right to a jury trial
  • right to a public trial
  • right to a speedy trial
  • right to confront witnesses
  • right to compulsory process to obtain witnesses
the sixth amendment1
The Sixth Amendment
  • right to assistance of an attorney in felony cases
  • right to assistance of an attorney in misdemeanor cases in which a prison term is imposed
the eighth amendment
The Eighth Amendment

It prohibits cruel and unusual punishment.

crime control model
“Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime.” (Packer)Crime Control Model
due process model
To protect the innocent:

“each of its successive stages is designed to present formidable impedimentsto carrying the accused any further along in the process.” (Packer)

Due Process Model
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