Welcome to CCJ 3024Welcome to CCJ 3024Criminal Justice SystemsCriminal Justice Systems

Instructor: Dr. WatkinsInstructor: Dr. WatkinsGraduate Assistant: Megan MagersGraduate Assistant: Megan MagersCourse Website: Course Website: pegasus.cc.ucf.edu/~rwatkinspegasus.cc.ucf.edu/~rwatkins

Welcome to CCJ 3024Welcome to CCJ 3024Criminal Justice SystemsCriminal Justice Systems

Instructor: Dr. WatkinsInstructor: Dr. WatkinsGraduate Assistant: Megan MagersGraduate Assistant: Megan MagersCourse Website: Course Website: pegasus.cc.ucf.edu/~rwatkinspegasus.cc.ucf.edu/~rwatkins

What does our culture contribute to our views and factors

associated withcrime, 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.

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.

Societal Typologies and impact on CJ System History of Crime Criminal Justice System Timeline Scope of the System Formal vs. Informal Criminal Justice Practices

Due Process vs. Crime Control Wedding Cake Courtroom Workgroups

Perspectives on Justice Trends today in CJ

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Mechanistic Solidarity Small homogeneous societies Bound by tradition Behavior regulated by informal social controls Consensus perspective

Organic Solidarity Large heterogeneous societies Bound by need to prosper Behavior regulated by formal social controls Conflict perspective

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Formal Social Control regulation of behavior through

laws and rules

Informal Social Control regulation of behavior through norms, mores, cultural beliefs

Gun Control

Crime is not a recent development, it has existed throughout American history.

Crime has evolved along with American society.

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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.

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Is it Formal (BLACK)

Is it Informal (WHITE)

Is it some combination thereof (GRAY)

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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

Crime Control Model of Justice

ASSEMBLY LINE

Due Process Model of Justice

OBSTACLE COURSE1. 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.

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?

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Think about the context of Society!!

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During the 1970’s and 1980’s, the Supreme Court began to restore to

the police some of the freedomsthey had had in the first half of

the Century

Think about the context of Society!!

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

• Appeals strongly discouraged

• Dissolve juvenile system

• Move toward alternative dispute resolution

• Basis for current system

• Plea bargaining alive and well

Due Process Advocates• Pretrial used sparingly

• No limitation on appeals

• Dissolve juvenile system – ensure procedural safeguards as in adult system• Move toward alternative dispute resolution

• Future of system with new administration

• 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.

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•Adversarial vs. Co-optation

•CJ Wedding Cake

•Courtroom Workgroup

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Celebrity CasesCelebrity Cases

High Profile Felony CasesHigh Profile Felony Cases

Ordinary Felony CasesOrdinary Felony Cases

MisdemeanorsMisdemeanors

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The WeddingThe WeddingCake ModelCake Model

The WeddingThe WeddingCake ModelCake Model

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• Shared Decision making

• Shared Norms

• Socialization

• Reward and Sanctions

• Goal Modification

CRIME CONTROL

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

DUE PROCESS

Criminals rights must be protected at all cost

Strictly monitor discretion of system officials

Advocates fair and equitable treatment

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REHABILITATION

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.

RESTORATIVE

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

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NONINTERVENTION

System should limit involvement with defendants.

Labeling can create stigmas and self-fulfilling prophecy.

Argue that we are “widening the net”

Advocate decriminalization of victimless crimes and deinstitutionalization

JUSTICE

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.

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Police

Local LawEnforcement

State LawEnforcement

Federal LawEnforcement

Courts

State Courts

Federal Courts

Prosecutors andDefenders

CorrectionsCorrections

ProbationProbation

IncarcerationIncarceration

Community BasedCommunity BasedCorrectionsCorrections

ParoleParole

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Discretion permits justiceDiscretion permits justiceofficials officials at all levelsat all levels to make to make decisions that will keep the decisions that will keep the system operating.system operating.

Discretion permits justiceDiscretion permits justiceofficials officials at all levelsat all levels to make to make decisions that will keep the decisions that will keep the system operating.system operating.

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Women in prisonis growing faster than any othergroup!

From 1980 to 1997women in stateand federal prisonsrose 478%

Women in prisonis growing faster than any othergroup!

From 1980 to 1997women in stateand federal prisonsrose 478%

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120

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200

Juvenile murder rate upJuvenile murder rate up177%177%

Juvenile arrest rate upJuvenile arrest rate up79%79%

Adult murder rate decreased 7%Adult murder rate decreased 7%

1978 - 19931978 - 1993

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TerrorisTerrorismm

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Trends and Issues in Trends and Issues in Criminal Justice TodayCriminal Justice TodayTrends and Issues in Trends and Issues in

Criminal Justice TodayCriminal Justice Today

Media DistortionMedia Distortionof Crimeof Crime

Media DistortionMedia Distortionof Crimeof Crime

There are only 3There are only 3classes in America:classes in America:• Upper classUpper class• Middle classMiddle class• Criminal classCriminal class

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Trends and Issues in Trends and Issues in Criminal Justice TodayCriminal Justice TodayTrends and Issues in Trends and Issues in

Criminal Justice TodayCriminal Justice Today

Media DistortionMedia Distortionof Crimeof Crime

Media DistortionMedia Distortionof Crimeof Crime

The typical criminalThe typical criminalprofile is:profile is:• YoungYoung• African-AmericanAfrican-American• MaleMale