2 Learning ObjectivesHighlight the differences between the individual rights and public-order perspectivesExplain society’s need for a system of order maintenance and the role of lawDescribe the personal sacrifices necessitated by social order and public safetyExplain the notions of equity, fairness, and social justice
3 Learning ObjectivesExplain the structure and process of the American criminal justice systemDescribe the differences between the consensus and conflict modelsExplain the meaning of due process of lawExplain multiculturism and diversity as it relates to criminal justice
4 Goals of the Criminal Justice System Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused:Justice for the individualPersonal libertyDignity as a human beingThe right to due process
5 Goals of the Criminal Justice System Public Order: Individual rights must be effectively balanced against these community concerns:Social justiceEquality before the lawThe protection of societyFreedom from fear
6 What Is Crime?Crime is:Example: Child molestation and Michael JacksonLibrary Extra 1-1Web Extras 1-1 and 1-2Hear author discuss the chapterconduct 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
7 A Brief History of Crime in America Criminal activity has been around since the dawn of historyCrime Waves1850—1880: Large-scale immigration1920s: Prohibition and organized crime1980s: Post Civil Rights MovementReagan’s “War on Drugs”
8 A Brief History of Crime in America 1990s saw a decrease in crime yet had several traumatic crime events1992 Rodney King beating1993 Waco, Texas1999 Columbine School ShootingWeb Extra 1-3Crimes of the Twentieth Century
9 A Brief History of Crime in America Twenty-First CenturySeptember 11, 2001Triggered the War on TerrorismUSA Patriot Act of 2001Enron corporate crimes triggered a new focus on corporate and white-collar crimeLibrary Extra 1-2
10 The Theme of This Book Individual Rights versus Public Order Individual rights refers to:The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system.
11 The Theme of This Book Public order refers to: The belief that under certain circumstances involving criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights.
12 Notions of Justice Justice refers to: Criminal justice refers to: The principle of fairness; the ideal of moral equity.The criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.
13 Notions of Justice Civil justice refers to: Social justice refers to: The law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action.An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.
14 Notions of JusticeCriminal and civil justice cannot be separated from social justice because the kind of justice enacted in our nation’s criminal and civil courts are a reflection of basic American understandings of right and wrong.
16 American Criminal Justice: Functions Consensus model refers to:Conflict model refers to:A criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice.A criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. Justice is more a product of conflicts among criminal justice agencies than it is the result of cooperation.
17 American Criminal Justice: The Process Investigation and ArrestWhen a crime occurs it is often reported to the police.Evidence is gathered at the scene and a follow-up investigation is made.If the offender is not arrested at the scene, then a warrant is needed.A warrant is issued by a magistrate or other judge and provides the legal basis for an apprehension by police.Web Extra 1-4
18 American Criminal Justice: The Process Investigation and ArrestBooking refers to:During booking, suspects are again advised of their rights and are asked to sign a form on which each right is written.A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority.
19 American Criminal Justice: The Process Pretrial ActivitiesFirst (Initial) AppearanceWithin hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance.Bail refers to:The defendant is also appointed a lawyer if he or she cannot afford one.The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.
20 American Criminal Justice: The Process Preliminary HearingWhether a crime was committed,Whether the crime occurred within the territorial jurisdiction of the court, andWhether there are reasonable grounds to believe that the defendant committed the crime.The judge will seek to determine probable cause:That a crime has been committed, andThat the defendant committed it.This is a proceeding before a judicial officer in which three matters must be decided:
21 American Criminal Justice: The Process Information or IndictmentIn some states, upon the finding of probable cause at the conclusion of the preliminary hearing, the prosecutor may seek to continue the case by filing an information.This is a formal written accusation.
22 American Criminal Justice: The Process Information or IndictmentOther states require an indictment be returned by a grand jury.Indictment refers to:Grand jury refers to:A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.
23 American Criminal Justice: The Process ArraignmentThis is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea.Acceptable pleasNot guiltyGuiltyNo contest (nolo contendere)
24 American Criminal Justice: The Process Trial ProceduresAdjudicationEvery criminal defendant has a right under the Sixth Amendment to the United States Constitution to a trial by jury, unless for a petty offense.Trial refers to:Petty offense refers to:The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.Offenses for which the maximum period of incarceration is six months or less.
25 American Criminal Justice: The Process SentencingAfter a conviction, a judge imposes some form of punishment.Consecutive sentence refers to:Concurrent sentence refers to:One of two or more sentences imposed at the same time and served in sequence with the other sentence.One of two or more sentences imposed at the same time and served at the same time.
26 American Criminal Justice: The Process CorrectionsOnce an offender has been sentenced, the corrections stage begins.If incarcerated, offenders are classified according to local procedures and are assigned to confinement facilities and treatment programs.
27 American Criminal Justice: The Process Probation refers to:Parole refers to:Web Extra 1-5Library Extra 1-3A sentence of imprisonment that is suspended. It is a conditional freedom that requires the person to meet certain conditions of behavior.The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.
28 Due Process and Individual Rights Due process refers to:Due process rights are outlined by the Bill of Rights (the first ten Amendments to the Constitution).A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights.
29 Individual Rights Guaranteed by the Bill of Rights To be assumed innocent until proven guiltyAgainst unreasonable seizure of personal propertyAgainst self-incriminationTo a fair questioning by the policeTo protection from physical harm throughout the justice processTo an attorneyTo trial by juryTo know the chargesTo cross-examine witnessesTo speak and present witnessesAgainst double jeopardyAgainst cruel and unusual punishmentTo due processTo a speedy trialAgainst excessive bailAgainst excessive finesTo be treated fairly, regardless of group membership
30 The Role of the Courts in Defining Rights Rights are open to interpretation and are often subject to continual refinement.New interpretations may broaden or narrow the scope of applicability accorded to constitutional guarantees.
31 The Ultimate Goal: Crime Control through Due Process Crime control model refers to:Due process model refers to:A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.
32 The Ultimate Goal: Crime Control through Due Process Social control refers to:Social control is a primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes.The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group.
33 The Role of Research in Criminal Justice Criminology refers to:The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders.
34 Multiculturalism and Diversity in Criminal Justice Multiculturalism refers to:It is sufficient to recognize that the diverse values, perspectives, and behaviors characteristic of various groups within our society have a significant impact on the justice system.Library Extra 1-4The 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.