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© 2002 Wadsworth Publishing Co.
Introduction to Criminal Justice 2002
Unit 1 – Crime and Criminal Justice
Slides Prepared by:Larry Bassi
SUNY College at BrockportRevised by Hal Nees
Metropolitan State College of Denver
Slides Prepared by:Larry Bassi
SUNY College at BrockportRevised by Hal Nees
Metropolitan State College of Denver
Unit 1 - 2
What Americans Think(U.S. Citizens – Most Important
Problem)
Unit 1 - 3
What Americans Think(Confidence in the Criminal Justice
System)
Unit 1 - 4
Percent of Criminal Justice Employees at Levels of
Government
0%
10%
20%
30%
40%
50%
60%
70%
80%
Police Judicial Corrections Total
FederalStateLocal
Unit 1 - 5
Politics and Criminal Justice
Politics and Criminal Justice
The nature and definition of criminal justice is always defined in political arenas. The “system” is a public one, therefore it is entrusted to politicians to set broad policies.
Political views of what is “best” vary among politicians.
Unit 1 - 6
Government & CrimeThe Crime Commissions
Numerous commissions that have studied crime in the U.S.
The President’s Commission on Law Enforcement and the Administration of Justice (1967)
Unit 1 - 7
To deal more effectively with crime and criminals the Criminal Justice system needs more:
TimeTime MoneyMoney People
+ +
Crime Commission Recommendations
Unit 1 - 8
Public Order and Individual Freedom
Public Order and Individual Freedom
The classic struggle law makers The classic struggle law makers dealdeal
with is how to keep the public with is how to keep the public orderorder
while still insuring freedom for the while still insuring freedom for the individual.individual.
The classic struggle law makers The classic struggle law makers dealdeal
with is how to keep the public with is how to keep the public orderorder
while still insuring freedom for the while still insuring freedom for the individual.individual.
Unit 1 - 9
Goals of the Criminal Justice System
Goals of the Criminal Justice System
DoingDoingJusticeJusticeDoingDoingJusticeJustice
ControllingControllingCrimeCrime
ControllingControllingCrimeCrime
PreventingPreventingCrimeCrime
PreventingPreventingCrimeCrime
Unit 1 - 10
FederalismFederalism
A system of A system of governmentgovernmentin which power is in which power is divideddividedbetween a central between a central (national)(national)government and government and regionalregional(state) governments.(state) governments.
Unit 1 - 11
Dual Justice SystemsDual Justice Systems
State systems handle alleged violations of state law.
The federal system handles alleged violations of federal law.
Unit 1 - 12
Government and Criminal Justice: What are the
connections?
Government and Criminal Justice: What are the
connections?
Judicial Branch - the courts
Executive Branch -President & Governors& administrative offices
Legislative Branch - those units that make substantive & procedural law
Unit 1 - 13
Executive BranchExecutive Branch
Carries out (executes) many acts of government
Holds powers of appointment and pardons
Provides leadership for crime control
Unit 1 - 14
Legislative BranchLegislative Branch
Defines criminal behavior
Establishes penalties
Passes laws governing criminal procedure
Funds crime-control programs
Unit 1 - 15
Judicial BranchJudicial Branch
Administers the process by which criminal responsibility is determined
Appellate courts interpret laws & review legislative decision making
Unit 1 - 16
The Supreme Court
As the highest court in American, the Supreme Court is often asked to resolve legal dilemmas
Unit 1 - 17
Realities of Crime
All crimes are not treated the same by the criminal justice system.
All criminals are not treated the same by the criminal justice system.
Much of the public has a distorted understanding about criminal justice processes.
Unit 1 - 18
Celebrity CasesCelebrity Cases
High Profile Felony CasesHigh Profile Felony Cases
Ordinary Felony CasesOrdinary Felony Cases
MisdemeanorsMisdemeanors
11
22
33
44
The WeddingThe WeddingCake ModelCake Model
The WeddingThe WeddingCake ModelCake Model
Unit 1 - 19
Origins of Criminal Law:Consensus View
•Law reflects the need for order.
•Law results from a consensus on widely shared values in society.
•Law is an impartial system to protect the public.
•Law provides neutral means of resolving disputes.
Unit 1 - 20
Origins of Criminal Law: Conflict View
Politically powerful groups influence the content of criminal law.
“Mala prohibita” offenses are prohibited by government but not wrong in themselves.
Harsh penalties are sometimes enforced on the poor or disadvantaged while the powerful are given lighter sentences.
Unit 1 - 21
Perspectives on Justice
A perspective is a “view point” about a A perspective is a “view point” about a givengivensubject. It normally reveals one’s subject. It normally reveals one’s understandingunderstandingabout the relationship between various about the relationship between various aspects aspects of a subject to each other and to the topic as of a subject to each other and to the topic as a a whole. A perspective about the causes of whole. A perspective about the causes of crime,crime,nature of criminals, the functions of nature of criminals, the functions of government,government,and the rights of victims is one of the and the rights of victims is one of the foundationsfoundationson which public policy is based.on which public policy is based.
Unit 1 - 22
Crime Control Perspective Proper role of criminal justice is to
prevent crime through judicious use of sanctions.
If criminal justice operated effectively, criminals would be deterred.
The system could punish in such a way to make all believe that “crime doesn’t pay”.
Focus of justice should be on the victim.
Crime control measures should be sure & swift.
Unit 1 - 23
Effects of the Crime Control Perspective
Mandatory sentencing “Three strikes and
you’re out” Preventative detention Abolition of parole
Unit 1 - 24
Rehabilitative Perspective
The justice system should be a means of caring for and treating people who cannot manage themselves.
Crime is an expression of frustration and anger created by social inequality.
Crime can be controlled by giving people the means to improve their lives through conventional endeavors.
Unit 1 - 25
Due Process Perspective
Combines elements of the liberals’ concern for the individual with the concept of legal fairness guaranteed by the Constitution.
Provides fair and equitable treatment to those accused of crime.
Advocates strict monitoring of discretion by justice officials to ensure no one suffers racial, religious or ethnic discrimination.
Unit 1 - 26
Effects of the Due Process Perspective
Exclusionary rule Right to attorney at all stages of the
process Due process rights given to juveniles Granting prison inmates
fundamental legal entitlements
Unit 1 - 27
Nonintervention Perspective
Limit the involvement of the criminal justice system with defendants whenever possible.
Long term effects of involvement are harmful to the individual.
Unit 1 - 28
Nonintervention Perspective and Net Widening
Nonintervention Nonintervention Strategies:Strategies:
Decriminalization of “victimless crimes”
Deinstitutionalization of nonviolent offenders
Pretrial Diversion for first time offendersWhich net catches more?Which net catches more?
Unit 1 - 29
Justice Perspective
Liberal Perspective
Fairness, equality, and strict control of discretion
Conservative Perspective
Crime Control
CombineCombines:s:
+ +
Unit 1 - 30
How Does the Justice Perspective Limit Discretion?
Advocates determinant sentencingdeterminant sentencing Advocates use of sentencing
guidelines Advocates abolition of parole
One of the major goals is to One of the major goals is to reduce disparityreduce disparity!!
Unit 1 - 31
Steps in the Decision Making Process – Criminal
Justice
Investigation Arrest Booking Charging Initial Appearance Preliminary Hearing/Grand Jury Indictment/Information Arraignment
Unit 1 - 32
Steps in the Decision Making Process – Criminal
Justice
Sentencing Appeal Corrections Release
Unit 1 - 33
Who Influences the Prosecutor?
Unit 1 - 34
Case Flow in the Justice System
Unit 1 - 35
Who Exercises Discretion?
© 2002 Wadsworth Publishing Co.
The EndThe End