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CRJS 215 Web Site http://www.odu.edu/al/cpate/index.htm
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CRJS 215 Introduction To Criminology Two Books: Introduction to Criminal Justice, (SS) The Rich Get Richer And The Poor Get Prison, (JR)
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Instructor Chris Pate Military State Government Academic Practitioner Perspective
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Why Are We Here? What do you want to get from this class? Why do I want to get from this class?
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Succeeding In Class The Easy Way: Responsibility – Read Assignments Generally Before Classes – Attend Class, Participate, Take Notes – Review Material For Understanding The Hard Way: Irresponsibility - Don’t Read Assignments Or Attend Class -Rely On Someone Else To Carry You
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Class Experience CJ majors: Seniors? Working part-time? Working full-time? Law enforcement experience? Parents? Athletes, Heroes, Artists?
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Pleasure Not Pain Let’s have fun. Kidding around is okay. Happy Hours: A form of career counseling Let me know if I can help you.
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Participation Enhances Positive Outcomes Quizzes: – Midterm and Final OR 4 Quizzes? Class Length – Entire time OR until cover material? Written Assignment -One good 4-5 page paper Or a 10 page paper?
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Rules For Fairness Verification required for excused late papers and missed quizzes. Be considerate. Be on time for quizzes and written assignments. Honor Code is absolute.
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Extra Credit 1. Options listed in online syllabus. 2. Pre-Approved community service Provide verification by due date – 20 quiz points
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Getting Started 1. What is the purpose of our CJ System? 2. What is the purpose of incarceration? 3. What is crime? 4. Who determines what a crime is?
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5. Does our CJ system work as it should? 6. Why do police officers act as they do? 7. Are they fair and unbiased?
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8. Should offenders who commit similar crimes and who have similar backgrounds receive identical sentences? 9. Who is being punished worse by incarceration: offenders or society?
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10. How should society decide who is punished and who is not? 11. Should we be as fair and just with criminals as with one another? 12. What is punishment?
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13. What is sufficient punishment? 14. Is prison/jail more punitive than probation or parole?
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16. What is the role and function of American courts? 17. Whose responsibility is public safety?
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18. Is the Bill of Right still relevant? 19. What does the US Constitution and Bill of Right mean to us in everyday life? 20. Who cares?
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What Is Criminology? Criminology If you would like to save paper, begin printing study guide notes with this slide.
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The Criminal Justice System Overview Why do we have a Criminal Justice System? – To provide solutions to the crime problem – To shape the direction of crime policy
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The Criminal Justice System What constitutes the CJ system? – A loosely organized collection of agencies that: – Protect the public – Maintain order – Enforce the law – Identify transgressors – Bring the guilty to justice – Treat criminal behavior
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The American CJ System Concept The CJ System has fairness and justice as goals. It values informal decision making and use of personal discretion as essential ingredients of the justice process. How can this be fair for all people?
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Some History Were there cultural factors in pre-20 th century America that contributed to crime? Does the fact that crime rates were higher in the 19 th century refute the charge that violent entertainment is responsible for the nation’s crime and violence problem?
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The Contemporary CJ System Three Main Components – Law Enforcement Agencies Investigate and Apprehend – Court System Determine Guilt or Innocence and Sentence – Corrections System Incapacitate, Treat and (maybe) Rehabilitate
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Crime What makes an act a crime? Who decides whether something is a crime? How do they do that? And Why? Who are their constituents?
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Role of the Legislature What is the primary legislative responsibility in the CJ System?
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CJ System Process Overview Think of Decision Points – Arrest – Summons – Trial – Sentence – Release Considerations – Seriousness of Offense – Available Evidence – Prior Record
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CJ System Process Overview Extralegal Factors – Race – Gender – Class – Age
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CJ System Process Overview Discretion plays a key role in the CJ System Is this good or bad?
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The Formal Justice Process Overview The concept of the formal justice process is important
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The Formal Justice Process Overview Arrests – Felony Arrest – Misdemeanor Arrest
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The Formal Justice Process Overview Nearly every step of the CJ process requires that individual cases be disposed of as quickly as possible. Reality is different. – Limited Resources – Inadequate Facilities – Inefficiency – Nature of Bureaucracy
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The Formal Justice Process Overview Effect of Inadequate Resources, Facilities and Bureaucratic Problems – The ultimate goal of a fair and effective justice system is not achieved.
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The Informal CJ Process Overview Discretion plays a large role. – Arrest – Summons – Substitute Charges – Release – Trial – Sentence
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The Informal CJ Process Overview Adversarial vs Cooperative Endeavors?
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Criminal Justice Perspectives Crime Control Perspective Rehabilitation Perspective Due Process Perspective Nonintervention Perspective Justice Perspective Restorative Justice Perspective
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Criminal Justice Perspectives What is a CJ perspective? – An individual view of crime causes and control Why is it important? – It impacts laws. – That impacts your freedom, tax dollars, and quality of life, schools, etc.
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Crime Control Perspective Proponents Believe Most Criminals Are – Greedy – Choose theft/drug dealing for quick/easy profit – Value excitement and thrill of breaking the law – Not stakeholders in conformity – Willing to take greater chances than the average
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Crime Control Perspective Professes That – Crime rates rise when punishment is not feared They try to make punishment severe – Focus of justice should be on the victim They tend to discount offender rights.
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Crime Control Perspective Emphasizes
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Rehabilitation Perspective Proponents Believe – The justice system should be a means of caring for and treating people who cannot manage themselves. – They view crime as an expression of frustration and anger created by poverty and social inequality – Government programs can help reduce crime at the national, state, local and individual level.
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Rehabilitation Perspective The following FACTS support this perspective. – Violence decreases As legitimate opportunities increase. – Recidivism decreases as rehabilitation programs develop Offender interpersonal skills Offender prosocial attitudes Offenders improve cognitive thinking patterns
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Rehabilitation Perspective Rehabilitation Perspective advocates believe society has a choice – Pay now for treatment and education programs – Pay later for incarceration over and over again
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Due Process Perspective Proponents Believe – The greatest concern of the CJ System should be providing fair and equitable treatment to defendants. Impartial Hearings Competent Legal Counsel Equitable Treatment Impartial Jury Reasonable Sanctions
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Due Process Perspective Proponents Argue – The CJ Staten is an adversarial process. All Powerful State –Trained prosecutor and investigators Solitary Individual –May have to rely on appointed counsel Could be the least experienced attorneys
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Due Process Perspective Proponents Point Out – DNA Testing has proven convicted persons innocent – 1 in 7 death row inmates have been freed bas on DNA evidence since 1976
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Due Process Perspective Play Supreme Court Justice What should happen when individual rights interfere with public safety? Obviously guilty person Constitutional rights violated at search or arrest Does it matter that the person may be dangerous?
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Nonintervention Perspective Proponents Believe – The CJ System should favor the least intrusive treatment possible and avoid stigmatizing offenders. Deinstitutionalization Diversion Decriminalization
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Nonintervention Perspective Deinstitutionalization – Removing nonviolent offenders from prison Diversion – Using community-based TX programs in lieu of the formal CJ process Decriminalization – Reducing the penalty for a criminal act without legalizing it Stigma – An enduring label that taints a person’s identity and changes him in the eyes of others.
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Justice Perspective Proponents Believe – All people should receive the same treatment under the law. – Punishment should be equitably administered based on “just desert.”
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Justice Perspective Encourages – Determinate Sentencing – Abolish Parole – Mandatory Sentencing – Truth In Sentencing – Prisons as Punishment
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Restorative Justice Perspective Proponents Believe – The CJ System should promote peace and justice and not punish offenders. Advocates argue that state efforts to punish and control crime actually encourage it.
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Restorative Justice Perspective Restorative Justice Goals – Offenders appreciate harm they have done – Offenders make amends – Reintegrate offenders into society
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Restorative Justice Perspective Restorative Justice Activities – Conflict resolution between criminal and victim in the community – Mediation
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Crime Control Strategy Remember: What is a CJ perspective? – An individual view of crime causes and control It impacts laws. That impacts your freedom, tax dollars, and quality of life, schools, etc. – Your CJ perspective dictates your approach to crime control.
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Crime Control Perspective Crime Control Strategy Source Control – Destroy crops/labs, arrest offenders Border Control – Interdict supplies: sea, air, land Police Crackdowns – Hearts and Minds: Viet Nam – Prostitution: Ocean View
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Justice Perspective Crime Control Strategy Mandatory Minimum Sentences – Firearm in commission of felony – Sell drugs near school, playground Abolish Parole Determinate Sentencing
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Rehabilitation Perspective Crime Control Strategy Reduce Desire For Drugs – DARE – Other Programs Treatment – Inpatient, Outpatient – Group Counseling, Peer Support – Therapeutic Communities
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Nonintervention Perspective Crime Control Strategy Legalization – Netherlands Legalized Drugs: Relatively Low Crime rate – Thailand Cheap, Available Drugs: High Crime Rate
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Popular Perspectives Most Popular Perspectives Since 1990 – Crime Control Perspective – Justice Perspective Why do you think this is the case?
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Simplistic Solutions The nation’s approaches to crime have sought simplistic solutions when no such solutions exist. “A smart person solves problems. A genius prevents them. CJ is filled with wise people and short of geniuses.”
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False Dichotomy Arguing for either tough law enforcement or community-based crime prevention is a false dichotomy. The choice is not one or the other. Programs can balance public safety, rehabilitation and system costs.
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How Did The Mess Occur? 1. Individual background & belief system 2. Human Nature and Immediate Gratification Think of love – Perfection – Fireworks – Promise of Eternal Bliss – Reality Dawns (Usually)
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The Panacea Phenomenon Unrealistic Expectations Followed By Failure and Dissatisfaction With the Proposed Cure-All Ultimately a Renewed Search For Another Foolproof Elixir
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Prior Panaceas The Evolution of CBC Community Punishments 1700’s Quakers, Penitentiaries 1870’s Indeterminate Sentence 1800’s-1900 Therapeutic Prison 1960’s-1970’s Flourishing CBC 1980’s-Present Get Tough On Crime 1980’s-1990’s Punish and Control
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Solution Reasoned Approach Consensus Building Realize TX Is Not A Euphemism For Leniency Realize Control, Properly Done, Will Not Corrupt Reform
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Corrections Spending Prison and Jail Spending – Two Cents of Every State and Local Dollar Probation and Parole - Two Tenths of One Cent ¾ of Correctional Clients Are In Local Communities They Receive 1/10 Of Corrections Budgets
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Cost Comparisons Effective TX Programs – $12,000 to $14,000 per year Prison – $18,000 to $25,000 per year Probation – About $1,400 per year
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Expanded Prison Policy Politicians Cite Public Opinion As The Reason For Supporting Expanded Prison/Incarceration Policies. Fundamental Tenet of Democratic Society – Government and its institutions should reflect the will of the people.
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Problem: What Punishes? – Is requiring a runner to run 5 miles punishment? – Is requiring a lazy person to stay home punishment? Reality: The opinion of the person punished is crucial in determining punishment.
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Break Read assignments. Participate in class discussions. Review notes weekly.
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