Welcome to CCJ 3024 Criminal Justice Systems Instructor: Dr. Watkins Graduate Assistant: Megan Magers Course Website: pegasus.cc.ucf.edu/~rwatkins What does our culture contribute to our views and factors associated with crime, deviance, and the criminal justice system? What is culture? What is the difference between crime and deviance? What is the cause of crime? deviance? How should the CJ system treat criminals? What is Herbert Packer’s Crime Control Model Understand the relationship between theory and practice as a basis for the foundation of our criminal justice system. Defined as the totality of socially transmitted behavior patterns, language, arts, beliefs, institutions, and all other products of human work and thought. Culture significantly effects behavioral patterns. Societal Typologies and impact on CJ System History of Crime Criminal Justice System Timeline Scope of the System Formal vs. Informal Criminal Justice Practices Due Process vs. Crime Control Wedding Cake Courtroom Workgroups Perspectives on Justice Trends today in CJ 5 Mechanistic Solidarity Small homogeneous societies Bound by tradition Behavior regulated by informal social controls Consensus perspective Organic Solidarity Large heterogeneous societies Bound by need to prosper Behavior regulated by formal social controls Conflict perspective 5 Formal Social Control regulation of behavior through laws and rules Informal Social Control regulation of behavior through norms, mores, cultural beliefs Gun Control Crime is not a recent development, it has existed throughout American history. Crime has evolved along with American society. 1800s Slavery East Coast Gangs Slave patrols Ku Klux Klan The Old West Civil War Gun Fights Robbery White collar crime corruption Gangs Unit 1 - 8 1900-1935 Depression Era Outlaws (Gangs of New York, 2002) Family Feuding In 1764, Cesare Beccaria urged the importance of using punishment for crime control In 1829, the first police agency was created, the London Metropolitan Police The first penitentiary/prison was created in the nineteenth century In 1919, the Chicago Crime Commission was created to monitor the criminal justice system activities. In 1931, Herbert Hoover appointed the National Commission of Law Observation and Enforcement (Wickersham Commission) After a thorough report from the President’s Crime Commission, Congress passed the Omnibus Crime Control and Safe Streets Act of 1968. – OJJDP, NIJ, BJA Unit 1 - 9 Costs federal, state, and local governments roughly $200 billion a year for civil and criminal justice, which represents an increase of more than 300% since 1982. Employs more than 2.4 million people It costs $70,000 to build a prison cell, and about $22,000/year per inmate. While the crime rate has decreased substantially in the last decade, more than 14 million people are still being arrested each year, 2 million of which are serious felony offenses. Today, more than 7 million people are under some form of correctional supervision: 2 million men and women in jail or prison, and 5 million men and women in community supervision. 10 Is it Formal (BLACK) Is it Informal (WHITE) Is it some combination thereof (GRAY) Unit 1 11 Police Courts Corrections Initial Contact Charging Correctional Treatment Investigation Preliminary Hearing/ Grand Jury Release Arrest Arraignment Postrelease Custody Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Postconviction Unit 1 - 12 Crime Control Model of Justice ASSEMBLY LINE 1. Stopping the criminal behavior is the primary goal. 2. The quantity of arrests is more important than the quality of arrests (following the letter of the law). 3. Approximates a conveyor belt in that cases are taken rapidly through the entire process. Speed and efficiency are important. 4. A mood of guilt pervades the courtroom. 5. De-emphasizes the use of the adversarial model in the courtroom. Due Process Model of Justice OBSTACLE COURSE 1. Protecting the rights of the accused is the primary goal. 2. The quality of arrests is more important than the quantity of arrests. 3. Resembles an obstacle course in that each of the rights of accused (due process rights - see the 4, 5th, 6th, and 8th Amendments) must be honored. Fairness is most important. 4. The accused is presumed innocent until proven guilty. 5. Demands the use of the adversarial method. where do you stand? Think about the context of Society!! Unit 1 14 During the 1970’s and 1980’s, the Supreme Court began to restore to the police some of the freedoms they had had in the first half of the Century Think about the context of Society!! Unit 1 15 If the future of law enforcement increasingly reflects the principles and policies of the crime control model, then we might expect??? More liberty to use intrusive methods to fight crime? On the other hand, if we see a shift to the principles and policies of the due process model, we should expect??? More restrictions on police powers? Crime Control Advocates • Expanded use of pretrial detention Due Process Advocates • Pretrial used sparingly • Appeals strongly discouraged • No limitation on appeals • Dissolve juvenile system • Move toward alternative dispute resolution • Dissolve juvenile system – ensure procedural safeguards as in adult system • Move toward alternative dispute resolution • Basis for current system • Future of system with new administration • Plea bargaining alive and well • Plea bargaining alive and well In the area of corrections, crime control is, and will probably remain, the paramount goal, regardless of which model of justice administration dominates in the future. WHY???? The Future of Corrections Perhaps the most divisive issue that will confront correctional policy makers in the future is whether increasingly scarce resources should be devoted more to punishment or to rehabilitation. The Future of Corrections Most people knowledgeable about corrections in the U.S. paint a rather bleak picture of the future: • The number of citizens under correctional custody will continue to increase. • Health costs will continue to escalate. • Increasing numbers of offenders will consume increasingly larger budgets. •Adversarial vs. Co-optation •CJ Wedding Cake •Courtroom Workgroup Unit 1 22 The Wedding Cake Model Celebrity Cases High Profile Felony Cases 1 2 Ordinary Felony Cases 3 Misdemeanors 4 Unit 1 23 • Shared Decision making • Shared Norms • Socialization • Reward and Sanctions • Goal Modification Unit 1 24 DUE PROCESS CRIME CONTROL Criminals lack inhibition against misconduct Restraining offenders and preventing their criminal behavior is viewed as a practical goal Advocates effectiveness and efficiency Abolish legal roadblocks Unit 1 - 25 Criminals rights must be protected at all cost Strictly monitor discretion of system officials Advocates fair and equitable treatment REHABILITATION Views system as a means for caring for and treating people who cannot care for themselves. Criminals are victims of social problems. Advocates job training, family counseling, educational services, drug treatment programs, etc. Unit 1 - 26 RESTORATIVE Main goal: Healing victims, offenders, and communities. Enable offender to appreciate the harm caused, to make amends, and reintegrate into society. Advocates financial and community service restitution programs NONINTERVENTION System should limit involvement with defendants. Labeling can create stigmas and selffulfilling prophecy. Argue that we are “widening the net” Advocate decriminalization of victimless crimes and deinstitutionalization Unit 1 - 27 JUSTICE Two people committing the same crime, should be treated equally. Criminals should be evaluated on current behavior, not previous record. Advocate reducing discretion and mandatory sentencing. Police Courts Local Law Enforcement State Courts Probation Federal Courts Incarceration State Law Enforcement Federal Law Enforcement Prosecutors and Defenders Corrections Community Based Corrections Parole Unit 1 28 Discretion permits justice officials at all levels to make decisions that will keep the system operating. Unit 1 29 Women in prison is growing faster than any other group! From 1980 to 1997 women in state and federal prisons rose 478% Unit 1 30 200 180 160 140 120 100 80 60 40 20 0 1978 - 1993 Juvenile murder rate up 177% Juvenile arrest rate up 79% Adult murder rate decreased 7%Unit 1 31 Terrorism Unit 1 32 Trends and Issues in Criminal Justice Today There are only 3 classes in America: • Upper class • Middle class • Criminal class Media Distortion of Crime Unit 1 33 Trends and Issues in Criminal Justice Today The typical criminal profile is: • Young • African-American • Male Media Distortion of Crime Unit 1 34