Chapter 1
Criminal Justice Today
L.01
What is a crime?
What is a crime? An act proclaimed by law as a
wrong against society and, if committed under certain circumstances, punishable by society
The Consensus Model
1. Assumes that as people gather together to form a society, its members will naturally come to a basic agreement with regard to shared norms and values
2. Assumes, to a certain extent, that a diverse group of people can have similar morals
The Conflict model 1. Assumes that different segments of
society, separated by social class, income, age, and rage, will inevitably have different value systems and shared norms, and are engaged in a constant struggle with one another for control of society
2. What is deemed criminal activity is determined by whichever group happens to be holding power at any given time
L.02
An integrated definition of crime
An integrated definition of crime
Constructs a definition of crime in that it is any action or activity that includes the following:
1. Is punishable under criminal law, as determined by the majority of society, or in some cases, a powerful minority
2. Is considered an offense against society as a whole and prosecuted by public officials
3. Is punishable by statutorily defined sanctions that bring about a loss of freedom
Types of crimes Crimes are classified according to their
seriousness
In general there are six categories of criminal behavior
Mr. & Mrs. Bake? What do you think it represents?
Types of crimes 1. Violent crime
Crimes against persons, which dominate our perspectives about crime
Four general categories 1. Murder
2. Sexual assault 3. Assault and battery 4. Robbery
These acts are further classified by degree, depending on the circumstances surrounding the criminal act
Types of crimes 2. Property crime
Most common form of criminal activity during which the goal of the offender is some form of economic gain or damaging of the property
Four general categories
1. Larceny / Theft 2. Burglary 3. Motor vehicle theft 4. Arson
Types of crimes
3. Public order crime
Linked to the consensus model
Outlaws activities that are considered contrary to public values and morals
Most common include public drunkenness, prostitution, gambling, and illicit drug use
Often referred to as victimless crimes as they only harm the offender
Types of crimes
4. White-collar crime
Business-related crimes
Describes illegal acts or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage
Types of crimes 5. Organized crime
1. Describes illegal acts by illegal organizations, usually geared toward satisfying the public’s demand for unlawful goods and services
2. Implies a conspiratorial and illegal relationship among any number of persons engaged in unlawful acts
Types of crimes 3. Employs criminal tactics
a. Violence b. Corruption C. Intimidation for economic gain
Types of crimes 6. High-tech crime
Newest typology of crime, directly related to increased use of computers in everyday life
Internet has become the site of cyber crime 1. Cyber crimes against persons and property 2. Cyber crimes in the business world 3. Cyber crimes against the community
L.03
The Criminal Justice System
The purpose of the criminal justice system President’s Commission on Law
Enforcement and Administration of Justice, in 1967, stated that the system is obliged to enforce accepted standards of conduct to “protect individuals and the community”
The purpose of the criminal justice system Three goals of the modern criminal
justice system 1. To control crime 2. To prevent crime 3. To provide and maintain justice
Law enforcement 1. Local law enforcement
a. Duties are split between counties and municipalities
b. Chief law enforcement officer of the county is the sheriff
i. Elected post ii. Two or four-year term
Law enforcement c. Bulk of local police officers are
employed by municipalities 1. Investigate crimes 2. Attempt to deter crime 3. Apprehend criminals 4. Participate in trial proceedings 5. Charged with “keeping the peace” 6. In some areas, provide social services
State law enforcement Two general types of state law
enforcement agencies
1. State police 2. Highway patrols
Other state law enforcers include fire marshals and fish, game, and watercraft wardens
Federal law enforcement Department of Homeland Security
(DHS) combines 24 federal agencies Federal Bureau of Investigations
(FBI) Drug Enforcement Administration
(DEA) U. S. Secret Service Bureau of Alcohol, Tobacco and
Firearms (ATF)
L.04
The Courts
The Courts Dual court system with two independent
judicial systems 1. Federal level 2. State level
A dual court system, which means that we have two independent judicial systems Federal Level and State Levels
Corrections 1. Offenders may be placed on
probation, incarcerated, or transferred to community-based corrections facilities once they have been delegated to the corrections system
2. Probation is the most common correctional treatment allowing the offender to return to the community under supervision
Incarceration may include jails or prisons
Jails house those convicted of minor crimes with relatively short sentences in the county jail
Prisons house those convicted of more serious crimes with longer sentences in Lowell Prison
L.05
Discretion
Discretion and discretionary basics Using authority to choose between and
among alternative courses of action Criminal justice system uses discretion
to alleviate pressures Discretion is closely related to questions
of ethics
L.06
The “wedding cake” model of criminal justice
The first layers of the cake
“Top” layer consists only of a handful of celebrity cases
The Second layers of the cake
Second layer consists of “high profile” felonies
The third layers of the cake
Third layer consists of “ordinary” felonies
The fourth layers of the cake
Fourth layer consists of misdemeanors
Public fascination with celebrity cases obscures a truth of the informal criminal justice process
Trial by jury is relatively rare only about 5% of those arrested for felonies go to trial
L.07
Values of the Criminal Justice System
Crime control model
1. The most important function of the criminal justice system is to punish and repress criminal conduct
2. The criminal justice system should function quickly and efficiently, as an assembly line
3. Police are in a better position than the courts to determine guilt, and therefore as few restrictions as possible should be place on them
4. The crime control model relies on the informality in the justice system
Due process model 1. Focuses on protecting the rights of
the accused through legal constraints on police, courts, and corrections
2. Fairness, not efficiency, is the goal of the due process model
3. The due process model relies on the courts to uphold the legal procedures of establishing guilt
4. The due process model protects individuals for the power of the state
L.08
Criminal Justice Today
Crime: the bottom line 2/3 of citizens feel crime is on the rise In fact, in 2010 violent crime and
property crime rates are declining and are at near record lows
Still, the weak economy could lead to eventual increases
Gun Sales and Gun Control 30,000 people are killed by gunfire each
year Illegally obtained firearms pose a series
concern for law enforcement 1/3 of American households legally
possess at least one gun The debate over gun control continues
as the Second Amendment is analyzed
Illegal Drugs
Crack cocaine blamed for explosion of violent crime in 1980s and 1990s
Intense wave of violent crime related to wars between Mexican drug cartels
U.S. government estimates that Mexican drug cartels supply drugs to 230 American cities
War on drugs refers primarily to psychoactive drugs, which a significant number of Americans regularly use
Law Enforcement in the United States: Traditions and Technology
Using DNA profiling to fight crime The Homeland Security and the Patriot
Act 1. The ultimate goal is to protect American
from terrorism 2. This has led to politicians and police
officers to favor the crime control model 3. The Patriot Act was passed six weeks
after the 9/11 attacks