What Is Criminal Justice? 1 What Is Criminal Justice?

The History of Crime Crime control has been a primary concern of politicians and government leaders worldwide The 20th & 21st centuries have served as a breeding ground for changes in criminal justice Adequate law enforcement involves a global effort

Events that Changed the Focus of Law Enforcement 1960s and 1970s The Civil Rights Movement 1980s “War on Drugs” and emergence of “crack” 1999 Columbine High School massacre September 11, 2001 Racial profiling, privacy, Patriot Act 2002 The Sarbanes-Oxley Act Increase in corporate, white-collar crimes

Individual Rights vs. Public Order Individual rights perspective Protect the personal freedoms within the process of criminal justice Public order perspective Under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights

Individual Rights vs. Public Order Criminal justice is an institution of social control Caught in a balancing act between individual rights and public order Two models of the criminal justice system: Crime control model Due process model

Two Models of the Criminal Justice System Herbert L. Packer, 1968 Crime control Efficient arrest and conviction Assembly line justice Public order Due process Individual rights at all stages Obstacle course justice

Definition of Justice Justice The principle of fairness; the ideal of moral equity

Justice Social justice Civil justice An ideal that embraces all aspects of civilized life Linked to fundamental notions of fairness & cultural beliefs about right & wrong Civil justice Fairness in relationships between citizens, government agencies, and businesses in private matters

Justice Criminal justice The criminal law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law Cannot be separated from social justice because the justice enacted in our nation’s criminal courts reflects basic American understandings of right and wrong

Models of Criminal Justice The Consensus Model assumes that all of the components work together to achieve the social product of justice. The Conflict Model assumes that all of the components function to serve their own interests and justice is a product of conflict, not cooperation.

The American Criminal Justice System Police Enforce the laws Courts Conduct fair and impartial trials Corrections Carry out sentences imposed by the courts

Investigation and Arrest Probable cause A set of facts and circumstances that would induce a reasonably intelligent person to believe that a specific person has committed a crime

Investigation and Arrest Warrant A writ issued in criminal proceedings by a judicial officer directing a law enforcement officer to perform a specified act, and protects the officer from any damages related to the act Arrest Act of taking an adult or juvenile into custody

Miranda Warnings Miranda v. Arizona Read prior to any questioning of a suspect in a custodial setting To make sure anything the suspect says from that point forward can be used against the suspect if the case proceeds

The Criminal Justice Process Booking First appearance - Bail Preliminary Hearing Indictment or Information Arraignment - Enter a plea Trial Sentencing Corrections

Due Process Procedural fairness The U.S. Constitution and Bill of Rights Procedural fairness Recognizes the individual rights of criminal defendants Rights violations may become the basis for the dismissal of evidence or of criminal charges, especially at the appellate level

Court Procedure Procedural law Precedent Specifies the type of evidence that may be submitted, the credentials of those allowed to represent the state or the defendant, and what a jury is allowed to hear Precedent The understanding built up through common usage and also to decisions rendered by courts in previous cases

Appeals Based on the defendant’s claim that rules of procedure were not followed properly at some earlier stage in the justice process or that the defendant was denied the rights guaranteed by the U.S. Constitution Can involve both state and federal jurisdictions

Development of Academic Criminal Justice August Vollmer began criminal justice education 1960s-1970s Introduction of criminology, NIJ 2011 Evidence-based practice in criminal justice

Multiculturism The 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 Diversity characterizes both immigrant and U.S.-born individuals