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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… in its broadest sense, the aspects of social justice that concern violations of the criminal law …
… 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.
What is the
Definition of 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.
A Brief Overview of Social
Phenomena 1850 - Present
A Brief Overview of Social Phenomena 1850 - Present
A Brief Overview of Social
Phenomena 1850 - Present
… principle of fairness,
the ideal of moral equity.
…deals with fairness in relationships between citizens, government agencies, and business in private matters.
…concern for violations of the criminal law.
Individual Rights vs. Public Order
Individual Freedom vs. Public Safety
…seek to protect personal freedoms within the process of criminal justice.
…suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.
This model assumes cooperation between all components of the system towards a common goal.
All components of the criminal justice system are self-serving and compete for limited resources.
Police become aware of a violation of law.
The police, usually during routine patrol, observe a suspicious situation or a crime in progress.
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.
…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.
…the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense…
…or a delinquent act or status offense terminating with the recording of a specific offense.
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.
After the warnings have been given, the following questions should be asked.
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.
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.
An attorney is appointed if the accused is indigent.
An opportunity for bail may be provided.
to ensure that the accused appears in court for trial
The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime.
…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.
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.
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.
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.
…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.
…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.
At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime.
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).
Once convicted, judge imposes punishment in the form of:
Sentences can be served:
consecutively - one after another
concurrently-served at the same time
…a component of the criminal justice system in which the offender serves the sentence imposed.
…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.
…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.
“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….”
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)
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)
assembly line justice
focus on system efficiency
obstacle course justice
focus on individual rights