Chapter 1 What Is Criminal Justice? 1 Brief History of Crime in America • Criminal activity has been around since the dawn of history: • 1850-1880: Large-scale immigration – crime epidemic social upheaval • 1920s: Prohibition and organized crime • 1960s-1970s: War protests, increased concern rights women, people with physical/mental challenges, ethnic & racial minorities • Warren Court decisions expand rights of the accused • 1970s-1980s: Post Civil Rights Movement, increase in murders, rapes & assaults. Reagan’s “War on Drugs” 2 Brief History of Crime in America • 1990’s – violent encounters with L/E; police brutality; crime out of control • 2000 to Present – emphasis on accountability; punishment of offenders; terrorism on American soil; US PATRIOT ACT • Increase in corporate & white-collar crimeEnron, Kenneth Lay/Jeff Skillings, Martha Stewart, Bernard Madoff • 2007 – 33% increase in killings of peace officers over 2006 (193-145) 3 A Brief History of Crime in America • 1990s saw a decrease in crime yet had several traumatic crime events 1992 Rodney King beating 1993 Bombing World Trade Center (first time) 1993 Waco, Texas 1995 Alfred Murrah Building Bombing-Oklahoma 1999 Columbine School Shooting 2001 Bombing World Trade Center-triggered War on Terrorism- US Patriot Act – 2007 Virginia Tech mass murder – – – – – – 4 The Theme of This Book • Individual Rights versus Public Order • Individual rights refers to: The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system. 5 The Theme of This Book • Public order refers to: The belief that under certain circumstances involving criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights. 6 The Criminal Justice System • ______________“Truth in Action”, “the principle of moral rightness, or conformity to truth” • ___________: Individual rights must be effectively balanced against these community concerns: – Social justice – Equality before the law – The protection of society – Freedom from fear 7 Goals of the Criminal Justice System • _____________________: Common law, constitutional, statutory, and humanitarian rights of the accused: – Justice for the individual – Personal liberty – Dignity as a human being – _____________________ 8 What Is Crime? • Crime is: conduct in violation of the ________________ __ ___________, the federal government, or a local jurisdiction, for which there is____________ __ acceptable justification or excuse • Example: Child molestation and Michael Jackson 9 Notions of Justice • Justice refers to: The principle of fairness; the ideal of moral equity. • Criminal justice refers to: The criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with ________________ ____________________ 10 Notions of Justice • _____________refers to: The law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action. • _____________refers to: An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong. 11 Notions of Justice • Criminal and civil justice cannot be separated from social justice because the kind of justice enacted in our nation’s criminal and civil courts are a reflection of basic American understandings of right and wrong. 12 American Criminal Justice: System 13 American Criminal Justice Functions • _______________refers to: Assumes that the system’s components work together harmoniously to achieve the social product we call justice. • _______________refers to: Assumes that the system’s components are self serving and compete for limited resources. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation. The “non-system” model. The magnitude of the criminal justice undertaking makes it difficult for the components to effectively cooperate. 14 American Criminal Justice: The Process • Investigation and Arrest: Reactive or Proactive ? – When a crime occurs it is often reported to the police. – Evidence is gathered at the scene and a follow-up investigation is made. – If the offender is not arrested at the scene, then a _________ is needed. • A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police. 15 American Criminal Justice Process • Investigation and Arrest – ___________________ A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority. • During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written (not required). 16 American Criminal Justice Process • Pretrial Activities – ______________________________________ • Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance. • Bail refers to: The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody. • The defendant is also appointed a lawyer if he or she cannot afford one. 17 American Criminal Justice Process • __________________ This is a proceeding before a judicial officer in which three matters must be decided: 1. 2. 3. • Whether a crime was committed, Whether the crime occurred within the territorial jurisdiction of the court, and Whether there are reasonable grounds to believe that the defendant committed the crime. The judge will seek to determine _________________ 1. 2. That a crime has been committed, and That the defendant committed it. 18 American Criminal Justice Process • ____________________ – In some states, upon the finding of probable cause at the conclusion of the preliminary hearing, the prosecutor may seek to continue the case by filing an information. • _____________________________ 19 American Criminal Justice Process • Information or Indictment – Other states require an indictment be returned by a grand jury. • Indictment refers to: A formal, written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specific offense, usually a felony. • _____________________ A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official. 20 American Criminal Justice Process • Arraignment/Jurisdiction – This is 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 and of his or her rights, and the defendant is required to enter a plea. • Acceptable pleas – Not guilty (_____________________) – Guilty (___________________________) – No contest (nolo contendere) 21 American Criminal Justice Process • Trial Procedures – Adjudication • Every criminal defendant has a right under the ________ Amendment to the United States Constitution to a trial by jury, unless for a petty offense. – Trial refers to: The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. – Petty offense refers to: Offenses for which the maximum period of incarceration is six months or less. 22 American Criminal Justice Process • Sentencing – After a conviction, a judge imposes some form of punishment. – _______________________refers to: One of two or more sentences imposed at the same time and served in sequence with the other sentence. – _______________________refers to: One of two or more sentences imposed at the same time and served at the same time. 23 American Criminal Justice Process Corrections • Once an offender has been sentenced, the corrections stage begins. • If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and __________________ 24 American Criminal Justice Process • __________refers to: A sentence of imprisonment that is suspended. It is a conditional freedom that requires the person to meet certain conditions of behavior. • _________ refers to: The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole. 25 Due Process and Individual Rights • Due process refers to: A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. • Due process rights are outlined by the Bill of Rights (the first ten Amendments to the Constitution). 26 Individual Rights Guaranteed by the Bill of Rights • To be assumed innocent until proven guilty • To cross-examine witnesses • Against unreasonable seizure of personal property • Against double jeopardy • ________________________ • To fair questioning by the police • To protection from physical harm throughout the justice process • To speak and present witnesses • Against cruel and unusual punishment • To due process • To a speedy trial • ______________________ • ____________________ • To trial by jury • Against excessive fines • To know the charges • To be treated fairly, regardless of group membership 27 The Ultimate Goal: Crime Control through Due Process • _________________refers to: A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders. • _________________refers to: Perspective that emphasizes individual rights at all stages of justice system processing. 28 The Role of the Courts in Defining Rights • Rights are open to interpretation and are often. ___________________________ • New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees. • _____________________(1963) Warren Court 29 The Ultimate Goal: Crime Control through Due Process • __________________refers to: The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group. • Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes. 30 Multiculturalism and Diversity in Criminal Justice • Multiculturalism refers to: The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and ______________. • It is sufficient to recognize that the diverse values, perspectives, and behaviors characteristic of various groups within our society have a significant impact on the justice system. 31