Criminal Justice Today Welcome to CCJ 3024 Criminal Justice Systems Instructor: Dr. Watkins Graduate Assistant: Megan Magers Course Website: pegasus.cc.ucf.edu/~rwatkins

crime, deviance, and the criminal justice system? Culture and Crime What does our culture contribute to our views and factors associated with crime, deviance, and the criminal justice system?

Culture = perspectives on Crime, Deviance, and the CJ System What is culture? What is the difference between crime and deviance? What is the cause of crime? deviance? How should the CJ system treat criminals? What is Herbert Packer’s Crime Control Model Understand the relationship between theory and practice as a basis for the foundation of our criminal justice system.

What is Culture? Defined as the totality of socially transmitted behavior patterns, language, arts, beliefs, institutions, and all other products of human work and thought. Culture significantly effects behavioral patterns.

Outline Societal Typologies and impact on CJ System History of Crime Criminal Justice System Timeline Scope of the System Formal vs. Informal Criminal Justice Practices Due Process vs. Crime Control Wedding Cake Courtroom Workgroups Perspectives on Justice Trends today in CJ

Societal Typologies (Durkheim) Mechanistic Solidarity Small homogeneous societies Bound by tradition Behavior regulated by informal social controls Consensus perspective Organic Solidarity Large heterogeneous societies Bound by need to prosper Behavior regulated by formal social controls Conflict perspective 5

Types of Social Control Formal Social Control regulation of behavior through laws and rules Informal Social Control regulation of behavior through norms, mores, cultural beliefs Gun Control

Crime Throughout History Crime is not a recent development, it has existed throughout American history. Crime has evolved along with American society. Family Feuding Ku Klux Klan Slave patrols Slavery Gun Fights Robbery The Old West Gangs (Gangs of New York, 2002) East Coast Gangs 1800s White collar crime corruption Civil War 1900-1935 Depression Era Outlaws

The Development of the Criminal Justice System In 1764, Cesare Beccaria urged the importance of using punishment for crime control In 1829, the first police agency was created, the London Metropolitan Police The first penitentiary/prison was created in the nineteenth century In 1919, the Chicago Crime Commission was created to monitor the criminal justice system activities. In 1931, Herbert Hoover appointed the National Commission of Law Observation and Enforcement (Wickersham Commission) After a thorough report from the President’s Crime Commission, Congress passed the Omnibus Crime Control and Safe Streets Act of 1968. – OJJDP, NIJ, BJA

Scope of the CJ System Costs federal, state, and local governments roughly $200 billion a year for civil and criminal justice, which represents an increase of more than 300% since 1982. Employs more than 2.4 million people It costs $70,000 to build a prison cell, and about $22,000/year per inmate. While the crime rate has decreased substantially in the last decade, more than 14 million people are still being arrested each year, 2 million of which are serious felony offenses. Today, more than 7 million people are under some form of correctional supervision: 2 million men and women in jail or prison, and 5 million men and women in community supervision.

Criminal Justice System Operation Is it Formal (BLACK) Is it Informal (WHITE) Is it some combination thereof (GRAY)

The Formal Criminal Justice Process - BLACK Police Courts Corrections Initial Contact Charging Correctional Treatment Investigation Preliminary Hearing/ Grand Jury Release Arrest Arraignment Postrelease Custody Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Postconviction

Due Process Vs. Crime Control Crime Control Model of Justice ASSEMBLY LINE Due Process Model of Justice OBSTACLE COURSE 1. Stopping the criminal behavior is the primary goal. 2. The quantity of arrests is more important than the quality of arrests (following the letter of the law). 3. Approximates a conveyor belt in that cases are taken rapidly through the entire process.  Speed and efficiency are important. 4. A mood of guilt pervades the courtroom. 5. De-emphasizes the use of the adversarial model in the courtroom. 1. Protecting the rights of the accused is the primary goal. 2. The quality of arrests is more important than the quantity of arrests. 3. Resembles an obstacle course in that each of the rights of accused (due process rights - see the 4, 5th, 6th, and 8th Amendments) must be honored.  Fairness is most important. 4. The accused is presumed innocent until proven guilty. 5. Demands the use of the adversarial method. where do you stand?

Think about the context of Society!! During the 1950’s and 1960’s a “Due Process Revolution” took place in the United States Supreme Court. Think about the context of Society!!

Supreme Court began to restore to the police some of the freedoms During the 1970’s and 1980’s, the Supreme Court began to restore to the police some of the freedoms they had had in the first half of the Century Think about the context of Society!!

The Future of Law Enforcement Crime Control If the future of law enforcement increasingly reflects the principles and policies of the crime control model, then we might expect??? More liberty to use intrusive methods to fight crime?

The Future of Law Enforcement Due Process On the other hand, if we see a shift to the principles and policies of the due process model, we should expect??? More restrictions on police powers?

The Future of the Administration of Justice - Courts Crime Control Advocates Expanded use of pretrial detention Appeals strongly discouraged Dissolve juvenile system Move toward alternative dispute resolution Basis for current system Plea bargaining alive and well Due Process Advocates Pretrial used sparingly No limitation on appeals Dissolve juvenile system – ensure procedural safeguards as in adult system Move toward alternative dispute resolution Future of system with new administration Plea bargaining alive and well

The Future of Corrections In the area of corrections, crime control is, and will probably remain, the paramount goal, regardless of which model of justice administration dominates in the future. WHY????

The Future of Corrections Perhaps the most divisive issue that will confront correctional policy makers in the future is whether increasingly scarce resources should be devoted more to punishment or to rehabilitation.

The Future of Corrections Health costs will continue to escalate. Most people knowledgeable about corrections in the U.S. paint a rather bleak picture of the future: The number of citizens under correctional custody will continue to increase. Health costs will continue to escalate. Increasing numbers of offenders will consume increasingly larger budgets.

Informal CJ System - White Adversarial vs. Co-optation CJ Wedding Cake Courtroom Workgroup

The Wedding Cake Model 1 2 3 4 Celebrity Cases High Profile Felony Cases Ordinary Felony Cases Misdemeanors

Courtroom Workgroup Shared Decision making Shared Norms Socialization Reward and Sanctions Goal Modification

Perspectives on Justice Crime Control Due Process Criminals lack inhibition against misconduct Restraining offenders and preventing their criminal behavior is viewed as a practical goal Advocates effectiveness and efficiency Abolish legal roadblocks Criminals rights must be protected at all cost Strictly monitor discretion of system officials Advocates fair and equitable treatment

Perspectives on Justice Rehabilitation Restorative Views system as a means for caring for and treating people who cannot care for themselves. Criminals are victims of social problems. Advocates job training, family counseling, educational services, drug treatment programs, etc. Main goal: Healing victims, offenders, and communities. Enable offender to appreciate the harm caused, to make amends, and reintegrate into society. Advocates financial and community service restitution programs

Perspectives on Justice Nonintervention Justice System should limit involvement with defendants. Labeling can create stigmas and self-fulfilling prophecy. Argue that we are “widening the net” Advocate decriminalization of victimless crimes and deinstitutionalization Two people committing the same crime, should be treated equally. Criminals should be evaluated on current behavior, not previous record. Advocate reducing discretion and mandatory sentencing.

Structure of the Criminal Justice System Police Courts Corrections Local Law Enforcement State Courts Probation State Law Enforcement Federal Courts Incarceration Federal Law Enforcement Prosecutors and Defenders Community Based Corrections Parole

Discretion permits justice officials at all levels to make decisions that will keep the system operating.

Trends and Issues in Criminal Justice Today Women in prison is growing faster than any other group! From 1980 to 1997 women in state and federal prisons rose 478%

Trends and Issues in Criminal Justice Today - Children and Violence 1978 - 1993 Juvenile murder rate up 177% Juvenile arrest rate up 79% Adult murder rate decreased 7%

Trends and Issues in Criminal Justice Today Terrorism

Trends and Issues in Criminal Justice Today There are only 3 classes in America: Upper class Middle class Criminal class Media Distortion of Crime

Trends and Issues in Criminal Justice Today The typical criminal profile is: Young African-American Male Media Distortion of Crime