1. AJ 50 – Introduction to Administration of Justice Chapter 1 - What Is Criminal Justice?

2. Individual Rights vs. Public Order Freedom or Safety? – Which is more important? Why? How does the Criminal Justice System balance these two concepts? What are the effects of this balance on the role Law Enforcement plays as one component of the CJS?

3. Definition of Crime Crime –C–Conduct or behavior in violation of the laws of the federal government, a state, or a local jurisdiction for which there is no legally acceptable justification or excuse CA Penal Code § 15 –…–…for which you can be punished

4. Individual Rights Guaranteed to all members of American society by US Constitution Bill of Rights – first 10 Amendments Especially important to criminal defendants facing formal processing – Examples?

5. USA Patriot Act (2001) Enacted in response to terrorist attacks on the World Trade Center and the Pentagon (9-11-01) Broadens investigative authority of Law Enforcement Agencies Applicable to many other crimes besides just terrorism

6. Need for Balance Individual Rights – Defendants – Victims – Victims’ families Public Order – Safety & protection from crime/criminals – Peaceful existence for all

7. Advocates Individual-Rights Advocate – One who seeks to protect personal rights and freedoms within the criminal justice process Public-Order Advocate – One who suggests that under certain circumstances of criminal threat, societal interests overshadow individual rights

8. What is Justice? Justice – The principle of fairness and the ideal of moral equity Social Justice – An ideal embracing all aspects of civilized life – Cultural beliefs regarding Right vs. Wrong, Fairness, etc.

9. Civil vs. Criminal Justice Civil Justice – Private rights and remedies sought by civil action – Closely tied to Social Justice and basic beliefs of right and wrong Criminal Justice – Enforcement of penal (punitive) law – Closely tied to Social Justice and basic beliefs of Right and Wrong

10. Administration of Justice Performance of any of the following activities for an accused or convicted person… –I–Investigation & Apprehension –D–Detention –P–Pre-Trial Release –P–Post-Trial Release –P–Prosecution –A–Adjudication –C–Correctional Supervision –R–Rehabilitation

11. Criminal Justice System Three operational components – Law Enforcement – Courts – Corrections CJS = The combination of all operating, administrative, and technical support agencies that perform criminal justice functions – Refer to chart, page 14

12. Criminal Justice Perspectives Consensus Model – Assumes all components of CJS work harmoniously to achieve Justice as social goal Conflict Model – Assumes CJS components work independently to serve own self-interest – Justice seen as result of conflict between agencies rather than cooperative effort What do you think?

13. Criminal Justice Process Investigation and Arrest Warrant – A writ issued by a court directing a law enforcement officer to perform a specific task such as search or arrest – Protects officer from damages resulting from serving of the warrant Other types of Arrest – On-view – Private-Person/Citizen Booking – Official recording which identifies the arresting authority, person, place, time, and reason for arrest

14. Criminal Justice Process Probable Cause – A set of facts and circumstances that would cause a reasonably intelligent, prudent person to believe that a particular person has committed a specific crime – Must exist in order for law enforcement to make an arrest or conduct a full search

15. Pretrial Activities Bail – Money or property pledged to or actually deposited with the court to effect the release of a person from legal custody Release on Own Recognizance (O.R.) – Being released upon one’s promise to appear in court at a future date

16. Arraignment Arraignment - A hearing before the court of jurisdiction in a criminal case – Establish identity of defendant – Defendant is informed of charges and rights – Defendant required to enter plea Guilty Not Guilty No Contest – Must take place within 48 hours

17. Criminal Justice Process Preliminary Hearing – A proceeding before a judicial officer to determine… 1. Whether or not a crime was committed 2. Whether the crime occurred within the court’s jurisdiction 3. Whether there are reasonable grounds to believe the defendant committed the crime

18. Information vs. Indictment Information – Formal written accusation submitted by a Prosecutor alleging that a specified person has committed a specified offense Indictment – Formal written accusation submitted by a Grand Jury alleging that a specified person has committed a specified offense (usually a felony)

19. Grand Jury Who are they and what do they do? – A group of jurors selected according to law – Sworn to hear evidence and determine if it is sufficient to bring the accused to trial – Generally investigate criminal activity – May investigate conduct of public agencies or officials

20. Prosecution & Adjudication Prosecution – Efforts by the District Attorney to prove guilt beyond a reasonable doubt Adjudication – Trial process = examination of issues of fact and law in a court trial proceeding – Purpose is to reach a decision for conviction or acquittal of accused

21. Sentencing Consecutive Sentences – Two or more sentences for more than one offense to be served in sequence – May be a new sentence added on for someone already incarcerated which increases their time in confinement Concurrent Sentences – Two or more sentences imposed upon conviction for more than one offense to be served at the same time

22. Probation and Parole Probation – Suspended Sentence – Mandatory supervision during probationary term – Violation may result in original sentence Parole – After release from prison while readjusting to return to society – Violation may result in return to prison

23. Due Process and Individual Rights Due Process = Protections of individual rights guaranteed by the Constitution… –4–4 th Amendment Search and seizure –5–5 th Amendment Self-incrimination, double jeopardy –6–6 th Amendment Legal counsel, informed of charges, speedy trial, impartial jury, confront/obtain witnesses –8–8 th Amendment No excessive bail/fines –1–14 th Amendment All states must apply due process and equal protection of the laws

24. Crime Control Through Due Process Crime-Control Model – Emphasizes the efficient arrest and conviction of criminal offenders Due-Process Model – Emphasizes the rights of the individual at all stages of processing throughout justice system Social Control – Use of sanctions and rewards to modify behavior – Contributes to formation of criminal and civil statutes

25. Criminal Justice Research Criminology – Scientific study of causes and prevention of crime, punishment and rehabilition of offenders How does this differ from Criminal Justice?

26. Multiculturalism and Diversity Multiculturalism – Existence within society of diverse groups that maintain unique cultural identities, customs, norms, values, and behaviors What potential impact does this have on Law Enforcement and the Criminal Justice System as a whole?