CJ2015James A. Fagin
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Introduction to Criminal Justice,McKenzie Wood
Fagin, CJ 2015
Chapter 1: Introduction to Criminal Justice
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.1
1.2
1.3
1.4
Describe the public-order (crime-control) and individual rights
(due process) perspectives of criminal justice andexplain how the criminal justice system balances the
two.
Describe the structure of the criminal justice system.
Outline the fundamentals of the criminal justiceprocess.
Summarize major events that led to changes in theAmerican criminal justice system.
CHAPTER OUTCOMES
Summarize a defendant's due process rights.1.5
Summarize criminology, criminal law, and criminal justice.1.6
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.1
Describe the public-order (crime-control) and individual rights (due process) perspectives of criminal justice and explain how the criminal justice system balances the two.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.1
Individual Rights
(Due Process)
Individual Rights
(Due Process)
Public Order(Crime
Control)
Public Order(Crime
Control)
Individual Rights vs. Public Order
CJ2015James A. Fagin
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1.1 Individual Rights vs. Public Order
Criminal justice is an institution of social control. As a result, criminal justice is caught in balancing act between two issues:
•Individual rights (Due Process Model) = rights advocates seek to protect personal freedoms within the process of criminal justice•Public order (Crime Control Model) = prevention of future crimes and the reduction of harm caused by criminal activity
CJ2015James A. Fagin
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1.1 Individual Rights vs. Public Order
• These two perspectives are also divided by the two models of the criminal justice system.
• Each of these models lends important insight into the philosophies on which the American Criminal Justice system is based.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.2 Describe the structure of the criminal justice system.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
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Dual Criminal Justice System1.2
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Criminal Justice System Structure 1.2
The Big Three: The Core of the CJ System
CJ2015James A. Fagin
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1.3 Outline the fundamentals of the criminal justice process.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
CorrectionsCorrections
Five Stages in the Criminal Justice Process1.3
Sentencing and
sanctions
Sentencing and
sanctions
Prosecutionand pretrial
services
Prosecutionand pretrial
servicesEntry into the systemEntry into the system AdjudicationAdjudication
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12
1.3 The Criminal Justice Process
1. Entry into the systemThis stage includes the detection of crime, which can involve both the police and the public.
•Arrest – to restrict the freedom of a person taking them into police custody
•Booking – establishes the identification of an arrested person and formally charges that person with a crime
CJ2015James A. Fagin
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1.3 The Criminal Justice Process
2. Prosecution and pretrial servicesAfter the police book and charge the accused with a crime, the accused becomes the defendant.
•During this stage, formal charges are filed against the defendant through a process that protects the rights of the defendant and decisions are made regarding release on bail.
CJ2015James A. Fagin
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1.3 The Criminal Justice Process
• InformationA formal written accusation submitted to a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s)
• Indictment A formal written accusation submitted to the court by a grand jury, alleging that a specific person has committed a specified offense, usually a felony
CJ2015James A. Fagin
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1.3 The Criminal Justice Process
Arraignment A hearing before the court having jurisdiction in a criminal case in which the:
• Identity of the defendant is established
• Defendant is informed of the charges against him/her
• Defendant is informed of his/her rights and requested to enter a plea
CJ2015James A. Fagin
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1.3 The Criminal Justice Process
3. AdjudicationThe guilt of the defendant is determined through trial, plea bargaining, or dismissal of charges.
•Trial – examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal
•Booking – establishes the identification of an arrested person and formally charges that person with a crime
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.3 The Criminal Justice Process
4. Sentencing and sanctionsThe judge sets a punishment guided by the limits established by law.
•The defendant and the prosecutor have the right to appeal the sentence.
CJ2015James A. Fagin
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1.3 The Criminal Justice Process
5. CorrectionsThe defendant is now the convicted and is transferred to a correctional authority to carry out the sanction.
•The convicted is no longer granted the presumption of innocence, and many due process rights, such as those related to interrogation and search and seizure, are lost.
•When the convicted person completes his or her sentence, he or she exits the criminal justice system.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.4Summarize major events that led to changes in the American criminal justice system.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Four Major Events – The Changing CJ System1.4
Civil RightsMovementCivil RightsMovement
Vietnam War
Vietnam War
The War on Crime
The War on Crime
Homeland Security
Homeland Security
• Slave patrols• Brown v.
Board of Education
• Civil Rights Act of 1965
• 1972 Equal Employment Act
• Montgomery bus boycott
• The Vietnam War (1965-1975)
• The "domino theory"
• Violent protests
• Record crime rates during 1960-1970s
• Omnibus Crime Control and Safe Streets Act
• LEAA• LEEP
• War on terrorism declared after 9/11 attacks
• Lead to suspension of rights for enemy combatants
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.5Summarize a defendant's due process rights.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Primary Sources of Due Process Rights1.5
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1.5 Due Process Rights and the U.S. Supreme Court
The protection of the due process rights guaranteed by the U.S. Constitution does not extend to state and local criminal justice systems unless the U.S. Supreme Court incorporates the federal rights defined by the U.S. Constitution.
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1.5 Due Process Rights and the U.S. Supreme Court
• To incorporate is to grant rights defined by the U.S. Constitution to the citizens of a state.
• The central premise of due process rights is the presumption of innocence. It is the most important principle of the due process model, requiring all accused persons to be treated as innocent until proven guilty in a court of law.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.6Summarize criminology, criminal law, and criminal justice.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
1.6 Due Process rights and the U.S. Supreme Court
Criminal justice refers to: •The study of the processes involved in a system of justice•The people who perform these tasks•The scope and nature of the system•The public policy, laws, and regulations that shape the administration and outcomes of a criminal justice system
Criminology is the body of knowledge regarding crime as a social phenomenon.
CJ2015James A. Fagin
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1.6 Due Process rights and the U.S. Supreme Court
Criminal law refers to the study of law leading to the credentials to practice law as a licensed attorney. •A career as an attorney, a prosecutor, or a judge requires completion of a graduate law degree. •Lawyers tend to be professionals who work in the criminal justice system.
CJ2015James A. Fagin
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The need to balance each individual's due process rights
with the need to protect the larger part of society poses
a challenge for the criminal justice system.
The criminal justice system is comprised ofvarious components which exist on the federal, state
and local government. The U.S. government has created many checks
and balances to control the autonomy and to void actions of
other criminal justice agencies.
There are five stages of the criminal justice model. At each stage, the various justice officials (police,
prosecutors, judge, corrections officials, and parole and probation officers) have a role to play in the
criminal justice process.
CHAPTER SUMMARY
1.1
1.2
1.3
CJ2015James A. Fagin
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Due process means that every defendant is given procedural rights in criminal cases and receives
fairness and equity while being processed through the criminal justice system.
The study of criminal behavior in the United States emerged in the twentieth century. Scientific research has become a large part of the academic discipline of
criminal justice today. The study of human social behavior in a society is called sociology. The scientific study of the root causes of crime in society is known
as criminology. Today, the field of criminal justice includes many other related fields.
CHAPTER SUMMARY
1.5
1.6
These major historical events included the Civil Rights Act of 1964, the Vietnam War, President Johnson's
War on Crime, and President Bush's war on terrorism following the attacks of September 11, 2001.
1.4
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