The Nature of Crime, Law and Criminal Justice Chapter 1

VA Tech Sandy Hook  

Myth v. Reality  Where have you gotten your information about the criminal justice system?  How accurate is the information you have?  Media portrayals…

Gifford Aurora  

Is this new? U.S. School Shooting 

19 th Century  1829 – London Metropolitan Police  1838 – Boston PD  1844 – New York City  1854 – Philadelphia PD  1931 – Wickersham Commission

Modern Era  1950’s – American Bar Foundation  Examines the interrelationship of components of the criminal justice field  Many procedures were hidden from public view  Use of discretion became a major focus  Use of the term Criminal Justice System began

3 Branches of Government 

Federal Involvement  1967 – President’s Commission on Law Enforcement & Administration of Justice  1968 – Safe Streets Act – giving federal money to state & local agencies  National Institute of Justice (NIJ) – funding for criminal justice system  Law Enforcement Assistance Administration (LEAA) – money for equipment and education through 1982  Now the Bureau of Justice Assistance (BJA)

Contemporary CJ System  Police – Courts – Corrections  About $720 per person per year  18,000 law enforcement agencies  17,000 courts  1,200 correctional institutions  12 million arrests/year (32,876/day & 1369/hour)  1.5 million juvenile cases/year

CJ Process - Overview  Decisions are made at every step which determine the extent of involvement  Decisions are based on seriousness of the offense, evidence available, suspect’s prior record  What other factors may come into play?

Beginning to End Criminal Justice Scenario  Book Store Theft

CJ Process - Overview  Initial Contact  Usually police action – proactive or reactive  Confession  Grand Jury indictment  Investigation  Gather enough evidence to be able to arrest  Some take minutes  Some take years

CJ Process - Overview  Arrest  Probable cause – more likely than not  “Facts & circumstances within the knowledge of the officers and of which they have reasonably trustworthy information would warrant a prudent and cautious person to believe that the arrestee did commit or is committing the crime.”  Arrest – deprived of freedom  In custody and not free to leave  Custody  Person is not free to leave - detained  Additional investigation may continue

CJ Process - Overview  Charging  Officer’s make arrest → Case reviewed by prosecutor to determine if charges will occur  Factors influencing prosecutor’s decision – seriousness of crime, strength of evidence, office priorities, political issues…  Nolle prosequi – no further action/no charges

CJ Process - Overview  Grand Jury/ Preliminary Hearing  Grand jury in Maine  GJ closed to public, only prosecution presents witnesses  True bill = charges will be brought  No bill = no charges  Preliminary hearing – mini trial with both sides represented

CJ Process - Overview  Arraignment  First court appearance  Informed of charges, plea entered, told of constitutional rights, trial date set and bail may be offered  Bail or Detention  Bail is set to ensure the defendant appears in court  If bail cannot be posted the person remains in custody  Bail is not punitive

CJ Process - Overview  Plea Bargaining  Negotiations begin to reach a plea agreement  Some charges may be dropped  Charges can be reduced (Agg. Assault to Assault)  90% of cases are decided by plea  Trial  Judge only = bench trial  Proof beyond a reasonable doubt

CJ Process - Overview  Sentencing  Options range from fine, probation, community service, jail/prison  Appeal  Heard by appellate courts for issues of errors during trial – jury selection, use of evidence/testimony, jury instruction, attorney behavior  Can uphold conviction or order a new trial

CJ Process - Overview  Corrections  Jail or prison  Probation  Rehabilitation  Release  Most are released back into society  Probation or parole  Good time credit

INFORMAL PROCESS Standardization? Does every case go through the entire formal process? Cumberland County Unified Court Use of discretion by police – prosecutors – judges – corrections Cases are usually resolved through cooperation between those involved Dispositional hearings – judge, prosecutor & defense attorney

WEDDING CAKE MODEL OF JUSTICE Level 1 High profile cases Media attention – because of victim or suspect Jerry Sandusky, Lindsay Lohan, George Zimmerman Usually have the full range of c/j procedures Level 2 Serious felonies – murder, rape, robbery Repeat offender More likely to go to trial and the formal process

MODEL OF JUSTICE Level 3 Less serious felonies – first time offenders Victim/suspect likely to know each other Likely to be plea bargained, probation, reduced charges or case dismissed Level 4 Misdemeanors – disorderly conduct, minor theft, criminal mischief, assault Assembly line justice

MODEL OF JUSTICE Why are some cases treated differently than others? Is the system fair?

PERSPECTIVES ON THE CJ SYSTEM What is the purpose of the criminal justice system? What do we want the system to achieve?

PERSPECTIVES ON THE CJ SYSTEM Crime Control Rehabilitation Due Process Nonintervention Equal Justice Restorative

GROUP EXERCISE 6 groups picking one of the six perspectives Will present to class why their perspective is the best (Up to 3 minutes) A opposition have one and a half minutes to oppose Last minute goes to presenting group This style is what happens in closing arguments in court!

PERSPECTIVES ON THE CJ SYSTEM Crime Control Be tough on criminals & throw the book at them People have had enough Being tough will make them think twice before committing a crime because of the sanctions The tougher the system the more effective it is The system is not meant to rehabilitate but to punish

PERSPECTIVES ON THE CJ SYSTEM Rehabilitation Crime is created because of frustration with social inequality Criminals are victims of poverty, racism, broken families, missed opportunities The CJ system should treat these people rather than punish them

PERSPECTIVES ON THE CJ SYSTEM Due Process Fair and equitable treatment for the accused Unequal system because the state (vast resources) versus the individual (limited resources) Each defendant must be given their full Constitutional rights – competent counsel, fair hearings Errors have been made and decisions made within the system must be scrutinized

PERSPECTIVES ON THE CJ SYSTEM Nonintervention The CJ system labels people and that label has significant impact on their life & promotes more criminal behavior There should be less involvement by government agencies Decriminalize minor offenses – marijuana Deinstitutionalization – take non-violent offenders out of jails/prisons Do as much as possible to keep people out of the system

PERSPECTIVES ON THE CJ SYSTEM Equal Justice Everybody should be treated equally – the same offense gets the same punishment Discretion should be limited or eliminated and decision making standardized across the system Inconsistent treatment creates a lack of respect for the system Truth in sentencing laws were created because of this perspective

PERSPECTIVES ON THE CJ SYSTEM Restorative Justice Peacemaking not punishment Resolution between the victim & suspect should occur in the community – not the correctional system Use of mediation to settle disputes That is more humane than punishment Criminals need to be reintegrated into society

FINALLY… Not one perspective can explain the system Perspectives will change priority with time and circumstances

ETHICS Power and authority throughout the CJ system make this significant Discretion by police, prosecutors, defense attorneys, judges, correctional officers What do you do if you become aware of unethical behavior?