Criminal Justice Today

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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.
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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.
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Societal Typologies and impact on CJ System
History of Crime
Criminal Justice System Timeline
Scope of the System
Formal vs. Informal Criminal Justice Practices
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Due Process vs. Crime Control
Wedding Cake
Courtroom Workgroups
Perspectives on Justice
Trends today in CJ
5
Mechanistic Solidarity
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Small homogeneous societies
Bound by tradition
Behavior regulated by informal social controls
Consensus perspective
Organic Solidarity
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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
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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
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Is it Formal (BLACK)
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Is it Informal (WHITE)
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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
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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
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Criminals rights must
be protected at all cost
Strictly monitor
discretion of system
officials
Advocates fair and
equitable treatment
REHABILITATION
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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
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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
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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
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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
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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
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