Intro to cj ch 1 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ 2015

Chapter 1: Introduction to Criminal Justice



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



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



1.1

Individual Rights

(Due Process)

Individual Rights

(Due Process)

Public Order(Crime

Control)

Public Order(Crime

Control)

Individual Rights vs. Public Order



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



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.



1.2 Describe the structure of the criminal justice system.




Dual Criminal Justice System1.2



Criminal Justice System Structure 1.2

The Big Three: The Core of the CJ System



1.3 Outline the fundamentals of the criminal justice process.




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



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




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.




• 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




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




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




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.




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.



1.4Summarize major events that led to changes in the American criminal justice system.




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



1.5Summarize a defendant's due process rights.




Primary Sources of Due Process Rights1.5



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.



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.



1.6Summarize criminology, criminal law, and criminal justice.




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.



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.



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



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