2CrimeA specific act of commission or omission in violation of the law for which a punishment is prescribed.
3Crime and Justice as Public Police Issues Reiman argument: system designed to project the image of crime rather than to reduce crime or achieve justice.Democratic ValuesLiberals worry about reducing rights and due process.Reduce CrimeConservatives advocate stricter enforcement of laws.
4Public Order and Individual Freedom The classic struggle law makers dealwith is how to keep the public orderwhile still insuring freedom for theindividual.
5Crime Control ModelA model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed and finality are emphasized. The system must have a high capacity to catch, convict and dispose of offenders.
6Due Process ModelA different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure the decisions are fair and reliable, based on law and formal proceedings.
7Strengths/Weaknesses Crime Control ModelAdministrative ProcessEfficient, Swift, cost-effectiveIncreased SafetyIndividual Rights?Due Process ModelAdversarial ProcessIndividual Rights StressedReliabilityConstitutionInefficient and costly
8Multicultural Concerns Many minorities are subjected to the criminal justice system more often than minority members.Disparity: A difference between groups that can be explained by legitimate factors.Discrimination: Groups are differentially treated without regard to their behavior or qualifications.
9Possible explanations include: Minorities commit more crimesThe criminal justice system is racistAmerican society is racist
10Politics of Crime and Justice Crime and Justice Issues Exist in a Political SphereCrime Control Measures:What VOTERS want?Will Legislation Achieve Goals?E.g.,: Megan’s Law: Michigan's Sex Offender Registry
11Goals of the Criminal Justice System DoingJusticeControllingCrimePreventingCrime
12Federalism A system of government in which power is divided between a central (national)government and regional(state) governments.
13Dual Justice SystemsState systems handle alleged violations of state law.The federal system handles alleged violations of federal law.
14Dual System: Recent Developments Increased Federalization of Crime: Now the federal government pursues organized crime gangs dealing with drugs, pornography, and gambling on a national basis.The existence of multiple criminal justice systems makes criminal justice in the United States highly decentralized.
15Government and Criminal Justice: What are the connections? Judicial Branch - the courtsExecutive Branch -President & Governors& administrative officesLegislative Branch -those units that makesubstantive & procedural law12
16Executive Branch Carries out (executes) many acts of government Holds powers of appointment and pardonsProvides leadership for crime control16
18Judicial BranchAdministers the process by which criminal responsibility is determinedAppellate courts interpret laws & review legislative decision making14
19The Systems Perspective: Exchange Relationships U.S.attorneyAttorneygeneralCourtsCountycommissionersProsecutingattorneyCommunityinfluentialsCountyagenciesDefenselawyersPolice
20The Criminal Justice System (or Non-System)? How Well Do Various Criminal Justice Agencies Function as a “System”?Do Legislatures Realize the “Exchange Relations” of Systems Theory?1994 Omnibus Violent Crime and Control Act:100,000 New Community Policing OfficersNew Drug CourtsBut, No NEW significant funding for Prosecutors, other Courts, or Community-Based Correction Programs
21Characteristics of the Criminal Justice System Discretion: Ability to act according to one’s own judgment and consciousResource Dependence: CJ agencies to not produce their own resources, but depend on others for their allocationSequential Tasks: Each part of CJ system has distinct tasks that are carried out sequentiallyFiltering: Process of screening cases
23Politics of Criminal Justice Power held by fewto control:Society in generalCriminalsWhat (or whose)standards define “control”?11
24Operations of Criminal Justice Agencies PoliceMost at Local LevelKeeping Peace;Apprehending ViolatorsPreventing CrimeProviding Social ServicesCourtsDual Court System: judicial for each state and national systemDifferent Interpretations in Different StatesResponsible for AdjudicationCorrectionsLess Than 30% of convicted offenders are in prison or jails; the rest are being supervised in community-based corrections
25Flow of Criminal Justice System Discretionary DecisionThe disposition of cases in the criminal justice system involves a series of decisions made by police officers, prosecutors, judges, probation officers, wardens, and other officials who decide whether a case will move on to the next point or be dropped from the system.See Page for Flow of Decision Making
26Criminal Justice Wedding Cake: Layer 1 Celebrated perpetratorsCelebrated victimsType the media lovesCases that make Supreme Court precedents135
27Criminal Justice Wedding Cake: Layer 2 Serious felonies by experienced offendersViolent crimesProperty crimes with high $ valueGet full attention of the CJ system236
28Criminal Justice Wedding Cake: Layer 3 First time offender less serious offenses which may be feloniesLess serious personal injury or low $ valueDealt with less seriously, maybe probation337
29Criminal Justice Wedding Cake: Layer 4 Most misdemeanorsHandled in assembly-line fashionTypical penalty is a small fineHaving to go to court may be the “real” punishment438
30Important Implications to Wedding Cake Model Most attention is given to fewest number of casesAverage Person’s Perception of CJ System is Result of Celebrated CasesGreatest Number of Offenders Are Low-Level Offenders