CHAPTER 1
Crime and Criminal Justice
LEARNING OBJECTIVES
After completing this chapter, students will…
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Discuss the formation of the criminal justice system
Be able to define the concept of a criminal justice system
Name the three basic component agencies of criminal justice
Be familiar with the size and scope of the contemporary justice system
Trace the formal criminal justice process
Know what is meant by the term “criminal justice assembly line”
Characterize the “informal criminal justice system”
Describe the “wedding cake” model of justice
Be familiar with the various perspectives on justice
Understand the ethical issues in criminal justice
CHAPTER OUTLINE
I.
Introduction
A. Criminal justice can be viewed as the system of law enforcement, adjudication,
and correction directly involved in the apprehension, prosecution, and control of
those charged with criminal offenses.
II.
Is crime a recent development?
A. Crime and violence have existed since the nation was formed.
B. The struggle over slavery during the mid-nineteenth century generated decades of
conflict, crimes, and violence.
C. Some western lawmen developed reputations that persisted for over a century.
D. The Civil War generated criminal gangs and widespread business crime.
E. Crime at the turn of the twentieth century
1. The nation experienced sustained increase in criminal activity from 1900 to
1935.
2. Crime families developed in New York, Philadelphia, Chicago, and New
Orleans.
III.
Developing the criminal justice system
A. London Metropolitan Police was developed in 1829.
B. Criminal justice system was first recognized in 1919, by the Chicago crime
commission.
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C. Wickersham Commission was appointed in 1931 to study the U.S. justice system,
and it helped to usher in era of treatment and rehabilitation.
D. The modern era of justice
1. Modern era of justice can be traced to a series of research projects begun in the
1950s.
2. The term “criminal justice system” was first used in the 1950s to describe the
view that justice agencies could be connected in an intricate yet often
unobserved network of decision making processes.
E. Federal involvement in criminal justice
1. President’s Commission on Law Enforcement and Administration of Justice
was appointed by President Johnson in 1967.
2. Passage of the Safe Streets and Crime Control Act of 1968
a. Helped launch massive campaign to restructure criminal justice system
b. Provided funding for the Law Enforcement Assistance Administration
(LEAA)
IV.
The contemporary criminal justice system
A. System is society’s instrument of social control.
B. Agencies are political entities whose structure and function are lodged within the
legislative, judicial, and executive branches of government.
C. The criminal justice system can be divided into three main components: law
enforcement agencies, court system, and correctional system.
D. It costs federal, state, and local government about $215 billion per year for civil
and criminal justice, an increase of more than 300 percent since 1982.
E. Criminal justice system employs more than 2 million people.
F. Today over 7 million people are under some form of correctional supervision.
V.
The formal criminal justice process
A. Few cases are actually processed through the entire formal system.
B. A comprehensive view of formal criminal process normally includes:
1. Initial contact
2. Investigation
3. Arrest
4. Custody
5. Charging
6. Preliminary hearing/grand jury
7. Arraignment
8. Bail/detention
9. Plea bargaining
10. Trial/adjudication
11. Sentencing/disposition
12. Appeal/post-conviction remedies
13. Correctional treatment
14. Release
15. Post-release
C. The criminal justice assembly line
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1. Herbert Packer sees each stage of criminal justice process as a decision point
through which cases flow.
2. About 30 percent of people arrested on felony charges are eventually convicted
in criminal court.
3. Almost one-third of convicts are released back into the community without
having to do time in prison.
4. For every 1000 crimes, about 20 people are sent to prison.
VI.
The informal criminal justice system
A. Many cases are settled in an informal pattern of cooperation between the major
actors in the justice process.
B. The courtroom work group is made up of prosecutor, defense attorney, judge, and
other court personnel.
C. The courtroom work group functions to streamline the process of justice through
the use of plea bargaining and other alternatives.
D. Upwards of 80 percent of all felony cases and over 90 percent of misdemeanors
are settled without trial.
E. The “wedding cake” model of justice
1. Samuel Walker describes the informal criminal justice process as a four-layer
cake.
2. Layer I involves celebrated cases (eg Lindsay Lohan for her inebriated antics
and Michael Vick, an NFL star for his dogfighting ring).
3. Layer II involves serious felonies (eg. rape, robbery, burglary).
4. Layer III involves less serious felonies, offenses committed by young or first
time offenders, or involves offenders known to one another (eg. domestic
violence).
5. Layer IV involves misdemeanors (eg. shoplifting, public drunkenness, minor
assault).
VII.
Perspectives on justice
A. Significant debate continues over the actual meaning of criminal justice and how
the problem of crime should be approached.
B. Crime control perspective
1. Crime control perspective argues that the proper role of the justice system is to
prevent crime through judicious use of criminal sanctions.
2. Legal technicalities should not help the guilty go free.
3. Questions the criminal justice system’s ability to rehabilitate offenders
4. The more efficient the system, the greater its effectiveness.
C. Rehabilitation perspective
1. Sees the justice system as a means of caring for and treating people who
cannot manage themselves
2. Assumes that people are at the mercy of social, economic, and interpersonal
conditions and interactions
3. Believes government programs can help reduce crime at both a societal and
individual level
D. Due process perspective
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E.
F.
G.
H.
1. Due process proponents argue that the greatest concern of the justice system
should be providing fair and equitable treatment to those accused of crime.
2. Points out that justice system remains an adversarial process
3. Advocates believe that legal principle of fairness and due process must be
upheld.
Nonintervention perspective
1. Nonintervention advocates believe that justice agencies should limit their
intervention with criminal defendants.
2. Concerned about effect of stigma on criminal suspects
3. Tries to place limitations on government’s ability to control people’s lives
4. Calls for decriminalization and/or legalization of non-serious victimless crimes
5. Calls for deinstitutionalization
6. Support pretrial diversion for first offenders
Equal justice perspective
1. Argues that all people should receive same treatment under the law
2. Has had considerable influence in molding nation’s sentencing policy
3. Decision making in the justice system must be standardized and structured by
rules and regulations.
4. Advocates the control of individual discretion
Restorative justice perspective
1. Argues that the true purpose of the criminal justice system is to promote a
peaceful and just society
2. Resolution of conflict between criminal and victim should take place in the
community in which it originated.
3. Goal is to enable offender to appreciate the damage, make amends, and be
reintegrated back into society.
Perspectives in perspective
1. Advocates of each view attempt to promote their vision of what justice is about
and how it should be.
2. No single view is the right or correct one.
VIII. Ethics in criminal justice
A. Ethics today is an especially important topic considering the power granted to
those in control.
B. Moral ambiguity is often the norm in the environment of justice system personnel.
C. Without ethical decision making, individual civil rights or personal liberties may
suffer.
D. Ethics and law enforcement
1. Ethical behavior is particularly important in law enforcement because police
officers have authority to deprive people of liberty.
2. Police officers maintain considerable discretion over who to investigate, how
the investigation should go, and how much effort is required.
3. National organizations have produced model codes of conduct that can act as a
behavioral guide.
E. Ethics and the court process
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1. Prosecutorial ethics become tested when dual role of prosecutor causes him/her
to experience role conflict.
2. The defense attorney is often confronted with conflicting obligations to his/her
client and profession.
F. Ethics and corrections
1. Ethical issues do not stop once the defendant has been convicted.
2. Ethical considerations transcend all elements of justice system.
3. Ethics are challenged by the discretion afforded to correctional workers and
administrators.
IX.
Summary
A. Crime has a long history in the United States, and the formal criminal justice
system developed in the 19th century.
B. Each step of the formal criminal justice process can have a critical effect on the
defendant, the justice system, and society.
C. The ideal of justice and the role of the criminal justice system can be interpreted in
many ways.
D. Understanding the ethics of what is fair and just, and balancing this with the
protection of the public, is very important.
KEY TERMS
courtroom work group: The phrase used to denote that all parties in the adversary process work
together in a cooperative effort to settle cases with the least amount of effort and conflict.
crime control perspective: A model of criminal justice that emphasizes the control of dangerous
offenders and the protection of society. Its advocates call for harsh punishments as a deterrent to
crime, such as the death penalty.
criminal justice process: The decision making points from the initial investigation or arrest by
police to the eventual release of the offender and his or her reentry into society; the various
sequential criminal justice stages through which the offender passes.
criminal justice system: A system of law enforcement, adjudication, and correction that is
directly involved in the apprehension, prosecution, and control of those charged with criminal
offenses.
decriminalization: Reducing the penalty for a criminal act but not actually legalizing it.
deinstitutionalization: The movement to remove as many offenders as possible from secure
confinement and treat them in the community.
due process perspective: Due process is the basic constitutional principle based on the concept
of the privacy of the individual and the complementary concept of limitation on governmental
power; a safeguard against arbitrary and unfair state procedures in judicial or administrative
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proceedings. Embodied in the due process concept are the basic rights of a defendant in criminal
proceedings and the requisites for a fair trial.
grand jury: A type of jury responsible for investigating alleged crimes, examining evidence, and
issuing indictments.
in-presence requirement: The condition that in order to make an arrest in a misdemeanor, the
arresting officer must have personally witnessed the crime being committed.
justice perspective: A view of justice that holds that all people should be treated equally before
the law. Equality may be best achieved through the control of individual discretion in the justice
process.
Law Enforcement Assistance Administration (LEAA): Funded by the federal government’s
Safe Streets Act, this agency provided technical assistance and hundreds of millions of dollars in
aid to local and state justice agencies between 1969 and 1982.
legalization: The removal of all criminal penalties from a previously outlawed act.
nolle prosequi: The term used when a prosecutor decides to drop a case after a complaint has
been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of
witnesses to testify, police error, and office policy.
nonintervention perspective: A justice philosophy that emphasizes the least intrusive treatment
possible. Among its central policies are decarceration, diversion, and decriminalization. In other
words, less is better.
pretrial diversion: A program that provides non-punitive, community-based alternatives to
more intrusive forms of punishment such as jail or prison.
rehabilitation perspective: A model of criminal justice that views its primary purpose as
helping to care for people who cannot manage themselves. Crime is an expression of frustration
and anger created by social inequality that can be controlled by giving people the means to
improve their lifestyle through conventional endeavors.
restorative justice perspective: A view of criminal justice that advocates peaceful solutions and
mediation rather than coercive punishments.
social control: The process of external regulation of individual and/or group behavior. Social
control can be informal and applied through sanctions (or rewards) employed by families,
neighbors, peers, and so on. There is also formal social control which is applied by the justice
system through the legal process.
true bill of indictment: A written statement charging a defendant with the commission of a
crime, drawn up by a prosecuting attorney and considered by a grand jury. If the grand jury finds
sufficient evidence to support the indictment, it will issue a “true bill of indictment.”
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victimless crime: An act that is in violation of society’s moral code and therefore has been
outlawed—for example, drug abuse, gambling, and prostitution. These acts are linked together
because, although they have no external victim, they are considered harmful to the social fabric.
widening the net of justice: The charge that programs designed to divert offenders from the
justice system actually enmesh them further in the process by substituting more intrusive
treatment programs for less intrusive punishment-oriented outcomes.
DISCUSSION QUESTIONS
1.
Find out how many students in the class are not criminal justice majors, and ask them
why they are taking the class. This exercise can lead to a discussion of the fact that
criminal justice is an area of interest to almost everyone, not just those majoring in the
field.
2.
Which criminal behavior patterns pose the greatest threat to the public? Should the justice
system devote greater resources to combating these crimes? If so, which crime patterns
should be emphasized?
3.
Define the terms “criminal” and “justice.” Do these terms go together? Does the
American criminal justice system dispense “justice”?
4.
How are tax dollars best spent on the operation of the criminal justice system? Should we
spend money on more police and prisons to control crime or spend money on welfare and
education in an attempt to prevent criminals and crime?
5.
Describe the influence that each of the six perspectives on justice has on the criminal
justice system today.
STUDENT ACTIVITIES
1.
Have students obtain a current article from the newspaper/magazine/internet related to
any topic of criminal justice they are interested in and continue your discussion from the
discussion question #1 above by selected students to discuss their article and realize the
far reaching implications of criminal justice and the many pieces of the world, state, city,
community, and people that it touches.
2.
Interview members of the local police force and criminal court on the issues of
decriminalization in your text. Have students work in groups or alone to create a listing of
the pro’s and con’s of decriminalization in each area of criminal justice and present them
to the class, based on the interviews they conducted and/or their general
perspectives/opinions they have.
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3.
Have students create notecards with various crimes/criminal activity on them either from
their own knowledge or from the news. Have the other students in the class organize the
notecards using the methodology of the criminal justice wedding cake model and discuss
why the crimes and criminal activity fall into those categories.
4.
Focus on Corrections: The Texas Department of Criminal Justice ─ the corrections
element is the third component of the criminal justice system. Regulating one of the
largest correctional populations in the nation, the Texas Department of Criminal Justice
oversees approximately 155,000 prisoners and an additional 430,000 individuals on
community supervision - a population larger than that of Vermont, Alaska, or Wyoming.
The TDCJ operates prisons, state jails, and parole, and it provides certain oversight over
community supervision (adult probation). Read more about corrections in Texas by
proceeding to http://www.tdcj.state.tx.us/, and then answer the following questions:
Identify and discuss some of the treatment programs available through the Texas
Department of Criminal Justice. What does Texas Correctional Industries do? Does TCI
have any rehabilitative value?
5.
Tying the System Together: The US Department of Justice ─ the Department of Justice is
charged with the daunting task of coordinating numerous agencies within the criminal
justice system. The Justice Department is part of the executive branch of government,
and is headed by the Attorney General, a member of the President’s cabinet. In addition
to its other responsibilities, the Department of Justice conducts research and funds
programs that shape the law enforcement and legal environment in this country. Use the
information located at the DOJ website (http://www.usdoj.gov/ ) to answer the following
questions:
Identify some of the agencies included within the Department of Justice. What is the
mission statement of the Department of Justice? Who is the current Attorney General,
and to whom does he answer?
ANSWERS TO END-OF-CHAPTER REVIEW QUESTIONS IN TEXT
1.
Q: Can there be a single standard of ethics that is applied to all criminal justice agencies?
Or is the world too complex to legislate morality and ethics?
A: Ethics in criminal justice is an especially important topic today considering the power
granted to those who control the justice system. Members of the system are granted the
authority to exert power over people’s lives, to be society’s instrument of social control,
and ultimately deny people their personal liberty on a routine basis.
Ethics transcends all aspects of the criminal justice system. Each discipline (police,
courts, corrections) has specific issues related to ethics that shape decisions. It is fair to
say that ethics revolves around doing what is right, doing what is fair and exercising
discretion unique to the circumstances at hand. As an example, law enforcement may
need to conduct investigation that focuses on a specific racial or ethnic group. Should the
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ability to investigate be hindered by legislation that prohibits “racial profiling”; when the
profiling is being undertaken in the interest of justice? Or would it be better to approach
the investigation doing what is right, what is fair while exercising sound discretion?
2.
Q: Describe the differences between the formal and informal justice systems. Is it fair to
treat some offenders informally?
A: The formal criminal justice system is comprised of an array of decision points that
begin with arrest and end with release. Legal factors, including the seriousness of the
charges, available evidence, and the suspect’s prior record, are usually considered
legitimate influences on decision making. The system is structured and the defendant is
usually moved through it in a manner similar to an assembly line.
The informal criminal justice system provides for wider discretion when managing an
offender. The formal system is considered to be the “ideal” model of justice but it still
merits concern and attention because it would be overly simplistic to assume that the
system works the same way for every case. Each case presents a different set of
circumstances, the offender, the victim, the location, the reason usually vary significantly.
All of these circumstances influence how a case is processed. As an example, the police
may arrest an offender but are willing to make a deal in order to gain the offender’s
cooperation or the prosecutor may bargain with the defense attorney to gain a plea of
guilty as charged in return for a promise of leniency.
When addressing whether or not it is fair to treat offenders differently, the following
should be considered:
Nature of the crime
Offender’s prior record
Motive for the crime
Is there injury? Is there loss of life?
How is society best served?
3.
Q: What are the layers of the criminal justice “wedding cake”? Give an example of a
crime for each layer.
A: 1st Layer: The first layer of Walker’s model is made up of the celebrated cases
involving the wealthy and famous, such as O. J. Simpson and Michael Jackson, or the
not-so-powerful who victimize a famous person—for example, John Hinckley, Jr., who
shot President Ronald Reagan. These cases tend to include the full array of the criminal
justice procedures and protections. A celebrity murder case or a high profile extortion /
kidnapping would fall under this layer.
2nd Layer: The second layer contains serious felonies—rapes, robberies, and burglaries.
Police, prosecutors, and judges all agree that these are serious cases, worthy of the full
attention of the justice system. The seriousness of the offense places them in the Level II
category:
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They are committed by experienced, repeat offenders.
The amount of money stolen in a burglary or larceny is significant.
Violent acts are committed by a stranger who uses a weapon.
Robberies involve large amounts of money taken by a weapon-wielding criminal.
3rd Layer: Though they can also be felonies, crimes that fall in the third layer of the
wedding cake are either less serious offenses, committed by young or first-time
offenders, or involve people who knew each other or were otherwise related. Level III
(layer three) crimes may be dealt with by an outright dismissal, a plea bargain, reduction
in charges, or most typically, a probationary sentence.
4th Layer: The fourth layer of the cake is made up of the millions of misdemeanors—
disorderly conduct, shoplifting, public drunkenness, and minor assault—that are handled
by the lower criminal courts in assembly-line fashion. Few defendants insist on
exercising their constitutional rights, because the delay would cost them valuable time
and money, and punishment is typically a fine or probation.
4.
Q: What are the basic elements of each model or perspective on justice? Which best
represents your own point of view?
A:
 The crime control perspective is oriented toward deterring criminal behavior and
incapacitating serious criminal offenders.
 The rehabilitation model views the justice system as a treatment agency focused on
helping offenders. Counseling programs are stressed over punishment and deterrence
strategies.
 The due process perspective sees the justice system as a legal process. The concern is
that every defendant receives the full share of legal rights granted under law.
 The nonintervention model is concerned about stigma and helping defendants avoid a
widening net of justice; advocates call for the least intrusive methods possible.
 The equal justice model is concerned with making the system equitable. The arrest,
sentencing, and correctional process should be structured so that every person is
treated equally.
 The restorative justice model focuses on finding peaceful and humanitarian solutions
to crime.
5.
Q: How would each perspective on criminal justice consider the use of the death penalty
as a sanction for first-degree murder?
A:
 The crime control perspective would view the death penalty as an appropriate and
effective punishment for dealing with serious criminal offenders.
 The rehabilitation perspective would not view favorably the death penalty as
punishment as it supports rehabilitation and the two contradict each other to the
extreme.
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
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6.
The due process perspective sees the justice system as a legal process. Their concern
is that every defendant receives the full share of legal rights granted under law. The
death penalty is the most finite form of punishment and as such leaves little room to
mitigate errors or unfair treatment. Advocates of due process believe democratic
ideals take precedence over the need to punish the guilty offender and see fairness
and accuracy as priorities. Because of the potential for errors in the criminal justice
system, all cases must be scrutinized closely.
The nonintervention model is concerned about stigma and helping defendants avoid a
widening net of justice; these advocates call for the least intrusive methods possible.
Advocates of this perspective would not support the death penalty as they seek to
decriminalize offenses, deinstitutionalize and divert offenders.
The equal justice model is concerned with making the system equitable. The arrest,
sentencing, and correctional process should be structured so that every person is
treated equally. Advocates would be reluctant to support the death penalty as there is
no absolute way to assure that all offenders are treated equally for the same offense.
Supporters seek to remove discretion in order to equalize how offenders are treated.
Inconsistent treatment is viewed
The restorative justice model focuses on finding peaceful and humanitarian solutions
to crime. This perspective draws its inspiration from religious and philosophical
teachings ranging from Quakerism to Zen. Advocates of restorative justice view the
efforts of the state to punish and control as encouraging crime rather than
discouraging crime. The violent, punishing acts of the state are not dissimilar from
the violent acts of individuals. Therefore use of the death penalty as punishment is not
supported.
What amendments to the Constitution are the most important for the administration of
justice?
NOTE: The answer below to this question is found in chapter 7 and points to consider
are not mentioned in this chapter.
A: Answer should include some or all of the following:
Fourth Amendment: The manner in which police may seize evidence is governed by the
search-and-seizure requirements of the Fourth Amendment of the U.S. Constitution,
which was designed by the framers to protect a criminal suspect against unreasonable
searches and seizures. Under normal circumstances, no search or seizure undertaken
without a search warrant is lawful. Search and seizure by government agents is regulated
to assure people are secure from unreasonable searches. Some exceptions to the search
warrant rule exist but all require sound justification to make the warrantless intrusion.
The Exclusionary Rule also applies to evidence seized in violation of the Fourth
Amendment; all evidence obtained by unreasonable searches and seizures is inadmissible
in criminal trials.
Fifth Amendment: Guarantees people the right to be free from self-incrimination. The
courts have used this phrase to prohibit law enforcement agents from using physical or
psychological coercion while interrogating suspects under their control to get them to
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confess or give information. Confessions obtained from defendants through coercion,
force, trickery, or promises of leniency are inadmissible because their trustworthiness is
questionable. The Miranda Rule, in 1966, in the case of Miranda v. Arizona, the Supreme
Court created objective standards for questioning by police after a defendant has been
taken into custody. The Exclusionary Rule also applies to confessions taken in violation
of the Fifth Amendment; illegal confessions are excluded in criminal trials.
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