AJ 50 – Introduction to
Administration of Justice
Chapter 1 -
What Is
Criminal Justice?
Individual Rights vs. Public Order
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Freedom or Safety?
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Which is more important? Why?
How does the Criminal Justice System
balance these two concepts?
What are the effects of this balance on the
role Law Enforcement plays as one
component of the CJS?
Definition of Crime
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Crime
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Conduct or behavior in violation of the laws of the
federal government, a state, or a local jurisdiction
for which there is no legally acceptable
justification or excuse
CA Penal Code § 15
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…for which you can be punished
Individual Rights

Guaranteed to all members of
American society by US Constitution

Bill of Rights – first 10 Amendments
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Especially important to criminal
defendants facing formal processing
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Examples?
USA Patriot Act (2001)
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Enacted in response to terrorist attacks on
the World Trade Center and the Pentagon
(9-11-01)
Broadens investigative authority of Law
Enforcement Agencies
Applicable to many other crimes besides
just terrorism
Need for Balance

Individual Rights
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Defendants
Victims
Victims’ families
Public Order
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Safety & protection from crime/criminals
Peaceful existence for all
Advocates

Individual-Rights Advocate
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One who seeks to protect personal rights and
freedoms within the criminal justice process
Public-Order Advocate
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One who suggests that under certain
circumstances of criminal threat, societal interests
overshadow individual rights
What is Justice?

Justice
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The principle of fairness and the ideal of moral
equity
Social Justice
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An ideal embracing all aspects of civilized life
Cultural beliefs regarding Right vs. Wrong,
Fairness, etc.
Civil vs. Criminal Justice

Civil Justice
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Private rights and remedies sought by civil action
Closely tied to Social Justice and basic beliefs of
right and wrong
Criminal Justice
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Enforcement of penal (punitive) law
Closely tied to Social Justice and basic beliefs of
Right and Wrong
Administration of Justice

Performance of any of the following activities for an
accused or convicted person…
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Investigation & Apprehension
Detention
Pre-Trial Release
Post-Trial Release
Prosecution
Adjudication
Correctional Supervision
Rehabilitation
Criminal Justice System

Three operational components
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
Law Enforcement
Courts
Corrections
CJS = The combination of all operating,
administrative, and technical support
agencies that perform criminal justice
functions
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Refer to chart, page 14
Criminal Justice Perspectives

Consensus Model
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Conflict Model
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Assumes all components of CJS work harmoniously to
achieve Justice as social goal
Assumes CJS components work independently to serve
own self-interest
Justice seen as result of conflict between agencies rather
than cooperative effort
What do you think?
Criminal Justice Process
Investigation and Arrest

Warrant
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Other types of Arrest
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A writ issued by a court directing a law enforcement officer
to perform a specific task such as search or arrest
Protects officer from damages resulting from serving of the
warrant
On-view
Private-Person/Citizen
Booking
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Official recording which identifies the arresting authority,
person, place, time, and reason for arrest
Criminal Justice Process

Probable Cause
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A set of facts and circumstances that
would cause a reasonably intelligent,
prudent person to believe that a
particular person has committed a
specific crime
Must exist in order for law enforcement
to make an arrest or conduct a full
search
Pretrial Activities
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Bail
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Money or property pledged to or actually
deposited with the court to effect the release of a
person from legal custody
Release on Own Recognizance (O.R.)
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Being released upon one’s promise to appear in
court at a future date
Arraignment

Arraignment - A hearing before the court of
jurisdiction in a criminal case
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Establish identity of defendant
Defendant is informed of charges and rights
Defendant required to enter plea
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Guilty
Not Guilty
No Contest
Must take place within 48 hours
Criminal Justice Process
Preliminary Hearing
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A proceeding before a judicial officer to
determine…
1.
2.
3.
Whether or not a crime was committed
Whether the crime occurred within the court’s
jurisdiction
Whether there are reasonable grounds to believe the
defendant committed the crime
Information vs. Indictment

Information
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Formal written accusation submitted by a
Prosecutor alleging that a specified person has
committed a specified offense
Indictment
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Formal written accusation submitted by a Grand
Jury alleging that a specified person has
committed a specified offense (usually a felony)
Grand Jury
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Who are they and what do they do?
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A group of jurors selected according to law
Sworn to hear evidence and determine if it is
sufficient to bring the accused to trial
Generally investigate criminal activity
May investigate conduct of public agencies or
officials
Prosecution & Adjudication
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Prosecution
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Efforts by the District Attorney to prove guilt
beyond a reasonable doubt
Adjudication
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Trial process = examination of issues of fact
and law in a court trial proceeding
Purpose is to reach a decision for conviction
or acquittal of accused
Sentencing
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Consecutive Sentences
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Two or more sentences for more than one offense to be
served in sequence
May be a new sentence added on for someone already
incarcerated which increases their time in confinement
Concurrent Sentences
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Two or more sentences imposed upon conviction for more
than one offense to be served at the same time
Probation and Parole
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Probation
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Suspended Sentence
Mandatory supervision during probationary term
Violation may result in original sentence
Parole
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After release from prison while readjusting to
return to society
Violation may result in return to prison
Due Process and
Individual Rights

Due Process = Protections of individual rights guaranteed by the
Constitution…
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4th Amendment
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5th Amendment
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Legal counsel, informed of charges, speedy trial, impartial jury, confront/obtain
witnesses
8th Amendment
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Self-incrimination, double jeopardy
6th Amendment
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Search and seizure
No excessive bail/fines
14th Amendment
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All states must apply due process and equal protection of the laws
Crime Control
Through Due Process
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Crime-Control Model
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Due-Process Model
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Emphasizes the efficient arrest and conviction of criminal
offenders
Emphasizes the rights of the individual at all stages of
processing throughout justice system
Social Control
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Use of sanctions and rewards to modify behavior
Contributes to formation of criminal and civil statutes
Criminal Justice Research

Criminology
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Scientific study of causes and prevention of
crime, punishment and rehabilition of offenders
How does this differ from Criminal
Justice?
Multiculturalism and Diversity
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Multiculturalism
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Existence within society of diverse groups that
maintain unique cultural identities, customs,
norms, values, and behaviors
What potential impact does this have on Law
Enforcement and the Criminal Justice
System as a whole?