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CRIMINAL JUSTICE

CRIMINAL JUSTICE. POLICING IN AMERICA. DUTIES OF THE POLICE. 4 MAJOR DUTIES Keep the peace Apprehend violators Prevent crime Provide Social Services. POLICE ARE NOT ONLY THE MOST NUMEROUS, BUT ALSO THE MOST VISIBLE OF THE CJ SYSTEM. POLICE ARE CONSIDERED TO BE THE “GATE KEEPERS”

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CRIMINAL JUSTICE

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  1. CRIMINAL JUSTICE POLICING IN AMERICA

  2. DUTIES OF THE POLICE • 4 MAJOR DUTIES • Keep the peace • Apprehend violators • Prevent crime • Provide Social Services

  3. POLICE ARE NOT ONLY THE MOST NUMEROUS, BUT ALSO THE MOST VISIBLE OF THE CJ SYSTEM

  4. POLICE ARE CONSIDERED TO BE THE “GATE KEEPERS” • They have the first contact • Make decisions on if the citizen will continue in the CJ Process

  5. DISCRETION • Decision making according to professional judgment based on training and experience • Looks at: • Seriousness of the offense • Criminal hx of the offender • Relationship between victims and offenders • Strength of legal case against suspects and defendants

  6. SOCIAL CONTRACT • Members of society are assumed to have entered an agreement to create the state and a government to acquire security and order for all • Citizens surrender certain rights. In exchange for that they expect the government to provide an effective system for regulating conduct

  7. FORMAL CJ “BY THE BOOK” • U.S. and State Constitutions • Statutes—created by U.S. Congress, State Legislatures and City Councils • Court decisions both State and Federal • Written policy of CJ agencies

  8. INFORMAL CJ “CJ IN ACTION” • Recognizes the need for flexibility • Examples • BOTH FORMAL AND INFORMAL NECESSARY

  9. SOCIAL CONTROL • INFORMAL---one person to another • No police involvement • FORMAL—”handcuffs” Police involved

  10. OTHER SOCIAL CONTROL INSTITUTIONS • RELIGIOUS GROUPS • FAMILIES • SCHOOLS

  11. STRUCTURE CJ Agencies Professionals in them PROCESS Decisions made by those professionals CJ IS A STRUCTURE AND PROCESS

  12. STRUCTURE • Three government agencies and three levels of government • Law enforcement • Courts • Corrections • Levels of government • Local • State • Federal

  13. STATE AND LOCAL • Law Enforcement—Police departments and County Sheriff • Court—Lower courts, trial courts, Court of Appeal and Probation • Corrections—County jails, State prisons and Community corrections agencies

  14. FEDERAL

  15. FBI • DEA • ATF • U.S. MARSHALS • U.S. PROBATION OFFICE • Approx 65 different agencies

  16. PROCESS OF CJ • Series of decisions • Begins with Law Enforcement then to • Prosecutors then to • Courts then to • Corrections

  17. Criminal justice is a structure and a process • Parts are interdependent

  18. Decisions affect each other • Not always cohesive

  19. HYDRAULIC EFFECT • Discretion can shift from one agency to another

  20. DECISIONS PRIOR TO CJ PROCESS • Legislatures decide what will be a crime • Any human conduct that violates a criminal law and is subject to punishment

  21. FOUR TYPES OF LAW • SUBSTANTIVE LAW • PROCEDURAL LAW • CIVIL LAW • CASE LAW

  22. SUBSTANTIVE LAW • CRIMINAL STATUTES POLICE CANNOT ARREST CITIZENS UNLESS THEY VIOLATE A SUBSTANTIVE LAW

  23. PROCEDURAL LAW • Laws that dictate how police will do their job • For example: Use of Force

  24. CIVIL LAW • Regulate social interactions arising from private, commercial or contractual relations • For example: City Building Codes

  25. CASE LAW • Written opinions of the courts • For example: Miranda rights

  26. DEFINING CRIME—SUBSTANTIVE LAWS • MALA IN SE—latin term • Wrong in themselves • Broad agreement in society that certain actions are so harmful that they must be punished

  27. MALA PROHIBITA • Laws that are enacted even though people in society may disagree about the harmfulness of certain acts

  28. 11 STEPS OF THE CJ PROCESS • Victims report crimes

  29. Law Enforcement investigate

  30. Police apprehend and arrest

  31. Prosecutor charges

  32. Suspect---guilty---plea bargain

  33. Suspect—not guilty---trial

  34. Judge sentences

  35. Convicted have appeals

  36. Convicted goes to corrections

  37. Convicted awarded privileges or punishments

  38. Convicted paroled • Step 11

  39. Wedding Cake Seriousness of charge Past criminal record Relationship of victim to offender Was victim injured Gun used Strength of case Funnel Opposite shape of Wedding Cake Sorting process Case attrition “Letting criminals off??” Arrest does not mean guilt MODELS OF CRIMINAL JUSTICE

  40. WEDDING CAKE Celebrated cases Real crimes Ordinary felonies Misdemeanors

  41. FUNNEL Lots of cases Few sentenced

  42. Crime control model Focus on need to protect people/property For the good of society Emphasizes police investigation and guilty pleas Not concerned with fairness Assembly line Due process model Focus on rights of individuals Obstacle course Adversary process—get to the truth by fighting in court Formal rules of criminal procedure CJ MODELS CON’T

  43. CRIME CONTROL MODEL Assembly line

  44. DUE PROCESS • OBSTACLE COURSE

  45. PENDULUM • Crime control/due process PENDULUM

  46. Where are we now????

  47. USA PATRIOT ACT OF 2001

  48. QUALITIES OF A POLICE OFFICER • CURIOUS • ABLE TO PERCEIVE DANGER • PERSPECTIVE • EMPATHETIC • COMPASSIONATE

  49. Decisive • Have self-control • Must be able to adapt • Varied approaches to unique problems

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