Introduction to Criminal
Justice
Chapter 1
What Is Criminal Justice?
1
Opening Statements
Introducing the Chapter
ACLU – The Bill of Rights Is Not
for the Benefit of
Criminals…protection of all
Americans…
Warren Christopher – The
Constitution Is Not a Suicide
Pact…
2
A Brief History of Crime in
America
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Criminal activity has undoubtedly been
with us since the dawn of history, and
quite literally, since the arrival of the
Mayflower at Plymouth Rock
Crime Control is a government concern
1850-1880 crime epidemic (social
upheaval related to immigration waves
and post civil war issues)
1900-30’s widespread organized crime,
prohibition
3
A Brief History of Crime in
America

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1945 – 60’s relatively stable crime
1960’s –70’s Civil Rights Movement,
accompanied by astronomical rise in
murder, rape and assault (FBI UCR)
1980’s war on drugs fueled by the media
images of crime, crack epidemic, narcotics
trafficking and a middle class fear of crime
4
A Brief History of Crime in
America



1990’s Law Enforcement Misdeeds
including Rodney king beating in Los
Angeles, and the assault on the Branch
Davidian complex in Waco, Texas
Late 90’s get tough on crime and criminals
2000’s – Global Terrorism comes to US
soil, and results in the USA PATRIOT act
of 2001…Enron, Corporate and White
Collar Crime focus
5
Theme of This Book

Individual Rights
Advocate
 One who seeks to
protect personal
freedoms within
the process of
criminal justice

Public Order Advocate
 One who suggests
that under certain
circumstances
involving a criminal
threat to public
safety, the
interests of society
should take
precedence over
individual rights
6
Social Justice
An ideal that embraces all aspects of
civilized life, and is linked to fundamental
notions of fairness, and to cultural beliefs
of right and wrong…and the values of the
collective Criminal Justice System:
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Justice is the principle of fairness; the ideal of moral equity
The principle of moral rightness, or conformity to truth
(Benjamin Disraeli)
What is justice to you may not look like justice to someone else
Do you believe that we have social justice in the U.S. Today?
7
Concepts of Control

Civil Justice


The law of civil procedure and the procedures
and activities having to do with private rights
and remedies sought by civil action
Civil justice concerns itself with fairness in
relationships between citizens, government
agencies and businesses in private matters
(contractual obligations, business dealings,
hiring, and equal treatment)
8
Concepts of Control

Criminal Justice

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
The criminal law, the law of criminal procedure, and
the array of procedures and activities having to do
with the enforcement of the that body of law.
CJ cannot be separated from social justice because
of the kind of justice enacted in our nations criminal
courts is a reflection of basic American
understandings of right and wrong.
This reflection refers to the aspects of social justice
which concern violations of the criminal law.
9
Concepts of Control

Administration of Justice

The performance of any of the following
activities:
Detection
 Apprehension
 Detention
 Pretrial Release
 Prosecution
 Adjudication
 Correctional Supervision or
 Rehabilitation of an accused or convicted person

10
American Criminal Justice:
System and Functions

The Criminal Justice System

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
The aggregate of all operating and
administrative or technical support agencies
that perform criminal justice functions (Figure
1-2)
This includes, but is not limited to, law
enforcement, the courts and corrections
A system approach would assume that all the
various parts work together to achieve
“justice”
11
American Criminal Justice:
System and Functions

The Criminal Justice System

The “consensus model”
 Assumes that the criminal justice system’s
components work together harmoniously to
achieve the social product we call justice
 All the actions of criminal justice officials,
from arrest, to prosecution, to sentencing,
work together to create a smooth,
predictable process
12
American Criminal Justice:
System and Functions

The Criminal Justice System

The “conflict model”
Assumes that the system’s components function
primarily to serve their own interests
 More conflict than cooperation between
components
 A non-system
 Participants within the “system” tend to be selfserving
 Pressures to succeed lead to fragmentation within
the “system” leading to a non-system

13
American Criminal Justice:
System and Functions
The “conflict model”

Jerome Skolnick’s example of a non-system:
 The police are rated on how good of a job they
do by the number of cases they clear
 The police arrest a burglar who “helps the
police” by confessing to many burglaries that
he did not commit
 The police “help the burglar out” by speaking
to the judge on his behalf
 The criminal receives a lesser penalty, and the
police have shown “effectiveness” by clearing
400 unsolved crimes from the books
14
American Criminal Justice:
The Process
The
TheCriminal
Offense
Event
Investigation
Arrest
Suspended
or
Dropped
Released
Booking
15
American Criminal Justice:
The Process

Investigation and Arrest
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The modern justice process begins with
investigation
Some arrests are made at the “scene of the
crime”
Some arrests are made after an extensive
investigation
The investigation allows the law enforcement
officer to secure a warrant
16
American Criminal Justice:
The Process

Investigation and Arrest

A warrant, is a writ issued by a judicial
officer directing a law enforcement officer to
perform a specific act and affording the officer
protection from damages (civil) if he or she
performs the act
17
American Criminal Justice:
The Process

Investigation and Arrest
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An arrest occurs when a person is taken into
custody and limits the arrestee’s freedom.
Only about half of all people arrested are
eventually convicted.
Only about a quarter are sentenced to a year
of more in prison.
18
American Criminal Justice:
The Process

Investigation and Arrest
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During the investigation and subsequent
arrest the suspects are usually advised of
their Miranda Rights
These “rights” although written into the U.S.
Constitution, they were not affirmed until the
case of Miranda v. Arizona (1966)
19
American Criminal Justice:
The Process

Investigation and Arrest

Miranda Rights:
You have the right to remain silent

Anything you say can and will be used against you in court

You have the right to talk to a lawyer for advice before we
ask you any questions, and to have him with you during
questioning

If you cannot afford a lawyer, one will be appointed to you
prior to any questioning if you wish

If you decide to answer questions now without a lawyer
present, you will still have the right to stop answering at any
time. You also have the right to stop answering at any time &
may talk with a lawyer before deciding to speak again…

20
American Criminal Justice:
The Process

Investigation and Arrest

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Miranda rights
 Do you wish to talk or not
 Do you want a lawyer
Miranda rights are only necessary prior to
questioning about a specific crime, not for
routine questions
21
American Criminal Justice:
The Process

Investigation and Arrest

Booking
 An administrative process that officially
records the entry into detention after arrest
 Pictures are taken, fingerprints are made
and personal information is collected:
 Name, address, D.O.B., Height and
weight, etc
22
Pretrial Activities
Release
on Bail
First
Appearance
Preliminary
Hearing
Information
or Indictment
Grand Jury
Arraignment
Detention
or jail
23
American Criminal Justice:
The Process

First Appearance
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Judge advises defendant of the charges
Judge will advise the defendant of his/her
rights
Appointment of lawyer if indigent
Provide for the opportunity of bail
 Bail is a cash deposit or a property bond
which serves as collateral against the flight
of the defendant
 If no bail, then jail
24
American Criminal Justice:
The Process

Preliminary Hearing

The judge determines:
 1. Whether there is sufficient evidence that
a crime was committed
 2. Whether the crime occurred within the
court’s jurisdiction
 3. Whether there are reasonable grounds
to believe the defendant committed the
crime…This aspect is determined by
“probable cause”
25
American Criminal Justice:
The Process

Probable Cause

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A set of facts and circumstances that would
induce a reasonably intelligent and prudent
person to believe that a particular person has
committed a specific crime
This is the necessary level of belief that would
allow for valid police arrests of individuals, as
well as searches of dwellings, vehicles and
possessions
26
American Criminal Justice:
The Process

Preliminary Hearing

Also allows:
 The prosecutor an opportunity to test the
strength of the evidence to prove the case
 The defense attorney an opportunity to test
the strength of the case to determine
whether to try the case or work toward a
plea bargain
27
American Criminal Justice:
The Process

Information or Indictment
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The “grand jury” hears evidence from the prosecuting
attorney and determines whether there is probable
cause to formally charge the defendant with the
crime
An indictment is a formal written accusation
submitted to the court by a “grand jury”, alleging that
a specific person has committed a specific offense
and should go to trial
The grand jury is the formal indicting authority
28
American Criminal Justice:
The Process

The Grand Jury
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Has been criticized because it is one sided, as
only the prosecuting attorney presents
information and evidence
The prosecuting attorney may appeal to the
grand jury’s emotions
The rules for presentation of evidence are not
the same as for presentation at trial
29
American Criminal Justice:
The Process

Arraignment
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This is the defendant’s appearance at the first
court that has the authority to conduct a trial
Three important issues:
 1. The defendant is advised of his/her
rights
 2. The defendant is advised of the charges
against him/her
 3. The defendant is asked to enter a plea
30
American Criminal Justice:
The Process

Potential Pleas

Guilty
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Not guilty
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Does not have to be accepted by the judge
If duress or lack of understanding by the defendant are the
reason for the plea, the judge may enter a “not guilty” plea
Entered by the judge if the defendant “stands mute”
No contest or Nolo Contendere


Results in a “guilty” plea
Cannot be used against the defendant in any subsequent
civil proceedings
31
Adjudication
The Trial
Guilty
Acquittal
32
American Criminal Justice:
The Process

Trial
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The examination in a court or the issues of
fact and law in a case for the purpose of
reaching a judgment of a conviction or
acquittal of the defendant
The sixth amendment to the U.S. Constitution
guarantees the “right to a trial by jury”
Petty offenses, incarceration less than 6
months, are not covered by this sixth
amendment guarantee
33
American Criminal Justice:
The Process

Trial

However, Blanton v. City of north Las Vegas
(1989) challenged this exception
 Blanton challenged on the facts that the
incarceration, community service and fines
together are severe which makes it a
serious rather than a petty crime
 Blanton was granted a jury trial
34
American Criminal Justice:
The Process

Trial
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Most cases do not go to trial
82% of all sentences are imposed in criminal
cases because of guilty pleas rather than a
trial
35
American Criminal Justice:
The Process

Trial

Trials are conducted by procedural laws which
specify
 The types of evidence that may be
submitted
 Those person who have the credentials to
represent the state or defendant
 What the jury is allowed to hear
36
American Criminal Justice:
The Process

Trial

Trials are also controlled by precedent
 Precedent is understandings built up
through common usage and also by
decisions rendered by courts in previous
cases
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
Lawyer at trial having Permission of the Judge to
approach the witness
Use of vivid crime scene photos
37
American Criminal Justice:
The Process

Trial
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Some states allow for individuals charged with
less serious crimes to have the case
adjudicated by the judge
For this to occur, the defendant must waive
his/her right to a trial by jury
This is known as a “bench trial”
38
American Criminal Justice:
The Process

Trial

Trials are expensive and time consuming
 Cost of prosecuting attorney
 Cost of defense attorney
 Cost of judge to regulate the adversarial
process
 Time put in by jury members
39
American Criminal Justice:
The Process

Trial
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If the jury can’t decide “guilty” or “not guilty”
the jury is said to be “deadlocked”
This results in a “mistrial”
The complete case may be tried again
40
Sentencing
Sentencing
Fines
and
Costs
Appeal
41
American Criminal Justice:
The Process

Sentencing
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Once a person is convicted it is the
responsibility of the judge to impose the
punishment
Punishment may be in the form of probation,
community service, fines, incarceration or a
combination
42
American Criminal Justice:
The Process

Sentencing

To assist the judge in sentencing, the judge
may request a “pre-sentence report”
 The pre-sentence report is prepared by a
probation or parole officer
 The pre-sentence report contains
information on the defendant’s family,
emotional state, social background and
criminal history
43
American Criminal Justice:
The Process

Consecutive sentence
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One or two or more sentences imposed at the same
time, after conviction for more than one offense and
served in sequence with the other sentence
Serves one sentence after another is completed


Example: 5 years with 5 years Consecutive = 10 years
Concurrent sentence

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One or two or more sentences imposed at the same
time, after conviction for more than one offense and
served at the same time
The sentences are served together

Example: 5 years with 5 years Concurrent = 5 years
44
Corrections
Probation
Violation
Hearing
Imprisonment
Parole
Expiration
of
Sentence
Discharge
Continuation
on Suspension
Discharge
45
American Criminal Justice:
The Process

Corrections
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Corrections begins after the offender has
been sentenced
Prior to incarceration, inmates are classified
Classification determines the need for the
level of punishment:
Incarceration or Community Supervision and
Treatment
 If Incarcerated, the difference between a
felony or misdemeanor, and length of time
to be served may determine whether the
convicted serves time in a prison or jail
46
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American Criminal Justice:
The Process

Probation and Parole


Both occur at a point after the offender has
been sentenced
Probation
 Supervision under the court, and can
include:





Reporting
No Alcohol or Drug Use
Community service
Restitution, and
Any other conditions set by the court
47
American Criminal Justice:
The Process

Probation and Parole

Parole
 Offenders serve a portion of their sentence
“behind bars”
 Supervised by parole officer under the
Executive Branch (Not the court)
 Parole officer assists in readjustment to
society
 Failure to comply results in return to prison
48
Due Process &
Individual Rights

Due process and Individual Rights


Due process is a term that means procedural fairness
and equity
This is guaranteed by the fifth, sixth and fourteenth
amendments and is specifically stated in the fifth
amendment as follows:


“no person shall be… deprived of life, liberty or
property, without due process of law”
The requirements of Due Process mandates the
recognition of individual rights in the processing of
criminal defendants facing prosecution
49
Due Process &
Individual Rights

Individual Rights

The Warren Court (1953-69)
 Led by Chief Justice Earl Warren
 Concerned with protecting the innocent
against the massive power of the state in
criminal proceedings
 Individual rights are protected from
overzealous law enforcement officers
50
Due Process &
Individual Rights

Individual Rights (Table 1-1)

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Right against unreasonable searches and
seizures
Right against self-incrimination
Right to an attorney
Right to a trial by jury
Right to a speedy trial
Right against excessive bail
Etc…
51
Due Process &
Individual Rights

The role of the courts in defining “rights”

Although these “rights” are guaranteed by the
U.S. Constitution, the U.S. Supreme court
interprets the constitution in various cases to
ensure these “rights” are applied universally
across the entire nation as the “Law of the
Land”
52
Due Process &
Individual Rights

The role of the courts in defining “rights”

The Sixth Amendment:
 In all criminal prosecutions, the accused
shall enjoy the right to … and to have the
assistance of counsel for his defense
 The U.S. Supreme court had initially
interpreted this “right to the assistance of
counsel” to only apply to defendant
accused of “capital crimes” (crimes
punishable by death)
53
Due Process &
Individual Rights

The role of the courts in defining “rights”


Gideon v. Wainwright (1963)
 Established the right to an attorney at the
state level for all defendants charged with a
felony offense
These decisions carry the same weight as
legislative laws and are sometimes referred to
as “judge made law”
54
Due Process &
Individual Rights

Crime control through Due Process

The Crime Control Model emphasizes:
 The efficient arrest and conviction of
criminal offenders
 First brought to the attention of the
academic community by Herbert Packer
55
Due Process &
Individual Rights

Crime control through Due Process

The Due Process Model
 Emphasizes individual rights at all stages of
the CJ system processing
 Police are required to recognize the rights
of individuals during arrest, questioning
and handling
 Judges and prosecutors must recognize
constitutional rights during the trial and
presentation of evidence
56
The Role of Research in
Criminal Justice

The Study of Criminology




August Vollmer in the late 1920’s
 Chief of police at L.A.P.D. and offered
courses at university of California
O.W. Wilson a former student of Vollmer
William H. Parker
 Chief of police at L.A.P.D
All called for an increased professionalism in
police work through better training
57
Criminal Justice & Criminology

The study of Criminology



Criminology is the scientific study of the
causes and prevention of crime and the
rehabilitation and punishment of offenders
Combines many other disciplines, sociology,
psychology, biology, economics, political
science
Basically criminology is the practical
application of the social sciences
58
Criminal Justice & Criminology

The study of Criminology

Increased with government funding
 Law enforcement assistance administration
(LEAA)
 Law enforcement educational program
(LEEP) provided funds to individuals
studying criminal justice
59
Criminal Justice & Criminology

National Institute of Justice (NIJ)


Supports research in CJ through funding for scientific
research…@$3,000,000,000 annually
A major source of research information about
the practical impact of technology on the
criminal justice system is the National Law
Enforcement and Corrections Technology Center
(NLECTC)

This network of regional centers and specialty offices
located across the country offers no-cost assistance
to help law enforcement and corrections agencies
implement current and emerging technologies
60
Multiculturalism and Diversity
in Criminal Justice

Multiculturalism and Crime



Multiculturalism is the existence within one society,
diverse groups that maintain unique cultural identities
while frequently accepting and participating in the
larger society’s legal and political system
Multiculturalism is often used in conjunction with the
term diversity to identify the many distinctions of
social significance
Challenge: how to protect the rights of individuals to
self-expression while ensuring social control and the
safety and security of the public (Polygamy Example)
61