1. Criminal Justice Chapter 1 Objective 1 – Summarize the history of crime in America and corresponding changes in the American criminal justice system. Overview Mass Shootings 18 random mass shootings in the 80’s 54 in the 90’s 87 in the 2000’s **The FBI defines a mass killing as an incident in which at least four people lost their lives. IRISH PRIDE1

2. Crime Guns, social disengagement, and certain forms of mental illness can prove to be a dangerous combination. September 11, 2001 nearly 3,000 people died. **This was the most destructive criminal activity ever perpetrated. Following the 9/11 attacks, a heated debate took place between those wanting to enforce powerful crime-prevention and security measures and others seeking to preserve the individual rights and freedoms that have long been characteristic of American life. IRISH PRIDE2

3. Conflict Which rights, freedoms, and conveniences people are willing to sacrifice to increase personal and public safety. **Crime – conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse. IRISH PRIDE3

4. History of Crime The American experience with crime during the last half century ahs been especially influential in shaping the criminal justice system of today. Many crime waves have come and gone. Widespread organized criminal activity was associated with the Prohibition years. IRISH PRIDE4

5. Individual Rights The emphasis on individual rights was accompanied by a dramatic increase in reported criminal activity. Traditional crimes such as murder, rape, and assault increased considerably during the 70’s and 80’s. It has been suggested that the combination of newfound freedoms and long-pent-up hostilities produced social disorganization, which in turn increased crime. IRISH PRIDE5

6. Still Individual Rights **Individual rights – The rights guaranteed to all members of American society by the U.S. Constitution. Especially those rights found in the Bill of Rights. These rights are particularly important to criminal defendants facing formal processing by the criminal justice system. IRISH PRIDE6

7. Social Disorganization **Social disorganization – a condition said to exist when a group faced with social change, uneven development of culture, disharmony, conflict, and lack of consensus. By the end of the 80’s the American way of life was under the gun. President Reagan created a cabinet-level drug czar position to coordinate the war on drugs. IRISH PRIDE7

8. OKC In 1995 the bombing of the Federal Building in Oklahoma City. In 1999 Columbine High School massacre in Colorado. By the late 1990’s, a newfound emphasis on individual accountability began to grow. The September 11 attacks have caused America to move to a proactive posture in the fight against terrorism. IRISH PRIDE8

9. White Collar Crime Terrorism is a criminal act, and preventing terrorism and investigating terrorist incidents after they occur are highly important roles. White-collar crime, took center stage in 2002 and 2003. President Bush signed the Sarbanes-Oxley act. This law, was called the single most important piece of legislation affecting corporate governance, financial disclosure and the practice of public accounting since the U.S. securities laws pf the early 30’s. IRISH PRIDE9

10. Big Criminals In 2012, Texas billionaire Allen Stanford was convicted by a federal jury in a $7 billion Ponzi scheme that he ran for almost 20 years. Stanford received a sentence of 110 years. In 2009, Bernard Madoff pleaded guilty to operating a Ponzi scheme that defrauded investors out of as much as $50 billion. He was sentenced to 150 years. IRISH PRIDE10

11. Current Era The current era is characterized by low and declining rates of traditional crimes such as rape, robbery, and burglary. Random mass shootings, high number of inner-city murders, and novel forms of criminal activity complicates today’s crime. Many crimes today are internet based. Crimes today have undergone a significant shift away from historical forms of offending to more innovative schemes. IRISH PRIDE11

12. Objective 1 **Objective 1 – Summarize the history of crime in America and corresponding changes in the American criminal justice system. **Widespread organized criminal activity associated with the Prohibition years. **Substantial increase in traditional crimes during the 1960’s and 1970’s. **Threat to the American way of life represented by illicit drugs. **Terrorist attacks of September 11, 2001. IRISH PRIDE12

13. Objective 2 **Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives. **Individual rights versus public order – Could be a great discussion question A strong emphasis on individual rights rose during the 60’s and 70’s. IRISH PRIDE13

14. Civil Rights **60’s and 70’s – a period known as the civil rights era As the emphasis on civil rights grew, new laws and court decisions broadened the rights available to many. Rights advocates believed that at times it was necessary to sacrifice some degree of public safety and predictability to guarantee basic freedoms. Criminal rights activists demanded a justice system that limits police powers and that holds justice agencies accountable to the highest procedural standards. IRISH PRIDE14

15. Changes During the 60’s and 70’s, the dominant philosophy in American criminal justice focused on guaranteeing the rights of criminal defendants. The past 30 years have seen increased interest in an ordered society and public safety. This change was likely brought about by national frustration with the perceived inability of our society and its justice system to prevent crimes and to consistently hold offenders to heartfelt standards of right and wrong. IRISH PRIDE15

16. Shift NO but could be part of discussion question**Today, public perspectives have largely shifted away from seeing the criminal as an unfortunate victim of poor social and personal circumstances who is inherently protected by fundamental human and constitutional rights to seeing them as a dangerous social predator who takes away the rights and privileges of law- abiding citizens. IRISH PRIDE16

17. Tension The tension between individual rights and social responsibility still forms the basis for most policymaking activity in the criminal justice area. **Most people today who consider the criminal justice system assume one of two viewpoints. **Individual-rights advocate – one who seeks to protect personal freedoms within the process of criminal justice. IRISH PRIDE17

18. Public-order advocate **Public-order advocate – One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights. **Social order – the condition of a society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict. IRISH PRIDE18

19. Objective Two Answer **Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives. **The personal freedoms guaranteed to law-abiding citizens as well as to criminal suspects by the Constitution must be closely guarded. **At the same time, the needs of communities for controlling unacceptable behavior and protecting law- abiding citizens from harm must be recognized. IRISH PRIDE19

20. Still Answering **Two opposing groups: individual-rights advocates and public-order advocates. **The fundamental challenge facing the practice of American criminal justice is in achieving efficient and cost-effective enforcement of laws while simultaneously recognizing and supporting the legal rights of suspects. IRISH PRIDE20

21. Objective 3 **Explain the relationship of criminal justice to general concepts of equity and fairness. **Justice, in the truest and most satisfying sense of the word, is the ultimate goal of criminal justice. Definitions **Justice – the principal of fairness; the ideal of moral equity. **Social justice – an ideal that embraces all aspects of civilized life and that is linked to cultural beliefs about right and wrong. IRISH PRIDE21

22. More Definitions **Civil justice – the civil law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action. Civil justice cannot be separated from social justice because the justice enacted in our nation’s civil courts reflects basic American understandings of right and wrong. IRISH PRIDE22

23. Still Defining **Criminal justice – In the strictest sense, the criminal law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law. Criminal justice cannot be separated from social justice because the justice enacted in our nation’s criminal courts reflects basic American understandings of right and wrong. IRISH PRIDE23

24. Last One For This Objective **Administration of justice – The performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. ** For Test Purposes – the performance of any actvities involved in carrying out justice. IRISH PRIDE24

25. Objective Three Answer **Explain the relationship of criminal justice to general concepts of equity and fairness. **Criminal justice is tied closely to notions of social justice, including personal and cultural beliefs about equity and fairness. **Criminal justice refers to those aspects of social justice that concern violations of criminal law. **Community interests demand the apprehension and punishment of law violators. IRISH PRIDE25

26. Objective Four **Describe the American criminal justice system in terms of it’s three major components and their respective functions. *The criminal justice system consists of three component agencies – police, courts, and corrections The systems perspective on criminal justice is characterized primarily by its assumption that the various parts of the justice system work together by design to achieve the wider purples we have been calling justice. IRISH PRIDE26

27. Police Enforce the law Investigate crimes Apprehend offenders Reduce and prevent crime Maintain public order Ensure community safety Provide emergency and related community services Protect the fundamental rights and freedoms of individuals IRISH PRIDE27

28. Correctional Agencies Carry out sentences imposed by the courts Provide safe and humane custody and supervision of offenders Protect the community Rehabilitate, reform, and reintegrate convicted offenders back into the community Respect the legal and human rights of the convicted IRISH PRIDE28

29. Criminal Courts Conduct fair and impartial trials Decide criminal cases Ensure due process Determine guilt or innocence Impose sentences on the guilty Uphold the law Require fairness throughout the justice process Protect the rights and freedoms of anyone facing processing by th justice system Provide a check on the exercise of power by other justice system agencies IRISH PRIDE29

30. Definitions **Criminal justice system – the aggregate of all operating and administrative or technical support agencies that perform criminal justice functions. **The basic divisions of the operational aspects of criminal justice are law enforcement, courts, and corrections. **Consensus model – a criminal justice perspective that assumes that the system’s components work together to achieve justice. IRISH PRIDE30

31. Conflict Model **The conflict model provides another approach to the study of American criminal justice. **Conflict model – a criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to the theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies. IRISH PRIDE31

32. The System Is The Solution Agencies of justice with a diversity of functions (police, courts, and corrections) and at all levels (federal, state, and local) are linked closely enough for the term system to be meaningfully applied to them. On the other hand, the very size of the criminal justice undertaking makes effective cooperation between component agencies difficult. IRISH PRIDE32

33. Answer to Objective 4 **Describe the American criminal justice system in terms of it’s three major components and their respective functions. **As a system police, courts, and corrections – all work together toward a common goal. **As a non-system, the criminal justice process is depicted as a fragmented activity in which individuals and agencies within the process have interests and goals that at times coincide but often conflict. IRISH PRIDE33

34. Objective 5 **Describe the process of American criminal justice, including the stages of criminal case processing. **Investigation; Warrant; Arrest; Booking; First Appearance; Preliminary Hearing; Information or indictment; Arraignment; Adjudication; Sentencing; Corrections; Reentry; IRISH PRIDE34

35. Objective 6 **Define due process of law, including where the American legal system guarantees due process. The U.S. Constitution requires that criminal justice case processing be conducted with fairness and equity; this requirement is referred to as due process, which simply put, means procedural fairness. **Due process underlies the first ten amendments to the Constitution. **It is specifically guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments. IRISH PRIDE35

36. Fifth Amendment **Due process is stated in the Fifth Amendment, which reads, “No person shall be deprived of life, liberty, or property, without due process of law.” **The Fourteenth Amendment makes due process binding on the states. IRISH PRIDE36

37. Long Definition **Due process – a right guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. IRISH PRIDE37

38. Another Long Definition **In criminal proceedings, due process of law is generally understood to include the following basic elements: 1)a law creating and defining the offense, 2)an impartial tribunal having jurisdictional authority over the case, 3)accusation in proper form, 4)notice and opportunity to defend, 5)trial according to established procedure, and 6)discharge from all restraints or obligations unless convicted. 1) What are you charged with, 2) Jury of peers, 3) fair trial, 4) free unless convicted

39. Constitution and Common Law Many modern rights, although written into the Constitution, would not exist in practice were it not for the fact that the U.S. Supreme Court decided, at some point to recognize the cases brought before it. **Gideon v. Wainwright (1963) – right to a lawyer The U.S. Supreme Court is very powerful and its decisions often have far-reaching consequences. (Judge-made law) **Miranda v. Arizona (1965) – right to have rights read IRISH PRIDE39

40. Two Goals **Two Goals of Criminal Justice: **1. enforce the law and maintain public order **2. protect individuals from injustice. **The first goal is known as the crime-control model of justice. **The second goal is known as the due-process model. IRISH PRIDE40

41. Still More About Due Process Due process is intended to ensure that innocent people are not convicted of crimes. We can think of the American justice system of justice as representative of crime control through due process. The goal is to achieve a system of social control that is fair to those whom it processes. IRISH PRIDE41

42. Objective Six Answer **Define due process of law, including where the American legal system guarantees due process. **The principle of due process, which underlies the first ten amendments to the U.S. Constitution, is central to American criminal justice. **Due process means procedural fairness and requires that criminal case processing be conducted with fairness and equity. IRISH PRIDE42

43. Objective Seven **Describe the role of evidence-based practice in contemporary criminal justice. **Definition – evidence-based practice – crime- fighting strategies that have been scientifically tested and are based on social science research. Evidence Integration Initiative (E2I) IRISH PRIDE43

44. Evidence Based Evidence, here, does not refer to evidence of a crime but means findings that are supported by studies. The study of criminal justice as an academic discipline began in this country in the late 1920’s. By the 1960’s police training came to be aided by criminal justice education. IRISH PRIDE44

45. Criminology **Criminology – the scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders. Evidence-based practices can be expected to play an ever-increasing role in policymaking and in the administration of criminal justice in the years to come. IRISH PRIDE45

46. Answer Objective Seven **Describe the role of evidence-based practice in contemporary criminal justice. **Evidence-based practices are crime-fighting strategies that have been scientifically tested and that are based on social science research. IRISH PRIDE46

47. Objective Eight **Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. Multiculturalism describes a society that is home to a multitude of different cultures. Although American society today is truly multicultural, it is not new to multiculturalism. IRISH PRIDE47

48. European European immigration began in the seventeenth century. This lead to greater diversity. The slave trade of the early and mid-nineteenth century, brought a diversity of values, beliefs, and patterns of behavior. Because of relatively high birth rates among some minority populations and the huge but relatively recent immigration of Spanish-speaking people, the face of multiculturalism in America is changing. IRISH PRIDE48

49. Multiculturalism **Multiculturalism is the existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems. Multiculturalism is often used in conjunction with the term diversity to identify many distinctions of social significance. IRISH PRIDE49

50. Diversity Diversity characterizes both immigrant and U.S. born individuals. White – 71% - dropping steadily Hispanic – 12% - fastest-growing population group African-American – 12% Asian – 4% Native Americans – less than1% IRISH PRIDE50

51. Values, Attitudes, and Behavior Neither race nor ethnicity determines a person’s values, attitudes, or behavior. The demands and expectations placed on justice agencies in multicultural societies involve the dilemma of how to protect the rights of individuals to self- expression while ensuring social control and the safety and security of the public. IRISH PRIDE51

52. More Diversity Diverse values, perspectives, and behaviors characteristic of various groups within society have a significant impact on the justice system. IRISH PRIDE52

53. Objective Eight Answer **Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. **A multicultural society is composed of a wide variety of racial and ethnic heritages, diverse religions, incongruous values, disparate traditions, and distinct languages. IRISH PRIDE53

54. The End **Multiculturalism complicates the practice of American criminal justice because there is rarely universal agreement in our society about what is right or wrong or about what constitutes “justice.” IRISH PRIDE54