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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

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:

… 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 Justice:

  • … the study of criminal justice also includes the following viewpoints:

  • individual rights

  • public order


What is the

Definition of 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

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 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 lawenforcement agents.


American History

A Brief Overview of Social

Phenomena 1850 - Present

  • The year 2000 saw an emphasison responsibility andpunishment of offenders.

  • Terrorism on American soil is of central concern today.


What is Justice?


Justice:

… principle of fairness,

the ideal of moral equity.


Social Justice:

  • Civil Justice

  • Criminal Justice


Civil Justice:

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


Criminal Justice:

…concern for violations of the criminal law.


The Theme of this Book

Individual Rights vs. Public Order


and

Individual Freedom vs. Public Safety

The Theme of this Book


Individual Rights Advocates:

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


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.


Law Enforcement

Courts

Corrections

American Criminal Justice: The System


This model assumes cooperation between all components of the system towards a common goal.

American Criminal Justice: The Consensus Model


All components of the criminal justice system are self-serving and compete for limited resources.

American Criminal Justice: The Conflict Model


American Criminal Justice: Criminal Case Processing


proactivelaw enforcement

vs.

reactivelaw enforcement

Police: Investigation and Arrest

Police become aware of a violation of law.


The police, usually during routine patrol, observe a suspicious situation or a crime in progress.

Types of Police Responses: Proactive


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:

…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:

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


Arrest:

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


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 (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 (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?


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.


Usually occurs within 24 hours of arrest.

Charges against the suspect are read.

Accused is advised of his/her rights.

First Appearance


An attorney is appointed if the accused is indigent.

An opportunity for bail may be provided.

First Appearance


to ensure that the accused appears in court for trial

Bail


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:

…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.


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


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:


It takes place after a preliminary hearing or indictment.

Charges are read.

Arraignment


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


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.


Arraignment:

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


If the defendant enters a plea of “ not guilty” at the arraignment, the proceedings will move forward to the trial phase.

Trial


At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime.

Trial


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


Fine

Probation

Prison

Community Corrections

Sentencing

Once convicted, judge imposes punishment in the form of:


Sentences can be served:

consecutively - one after another

concurrently-served at the same time

Sentencing


Corrections:

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


Corrections

  • probation

  • prison

  • community corrections

  • parole


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 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.


Constitutional

Amendments


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 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

  • bar against double jeopardy

  • privilege against forced self-incrimination


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 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

It prohibits cruel and unusual punishment.


The Limits of Criminal Sanctions, 1968

by Herbert Packer


“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


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


assembly line justice

focus on system efficiency

Crime Control Model


obstacle course justice

focus on individual rights

Due Process Model


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