1 What is Criminal Justice? CHAPTER CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Criminal Justice: … in its broadest sense, the aspects of social justice that concern violations of the criminal law … CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Criminal Justice: … in the strictest sense, the criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Criminal Justice: … the study of criminal justice also includes the following viewpoints: individual rights public order CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

What is the Definition of Crime? CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Crime: … conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally accepted justification or excuse. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

1850 - 1880: social upheaval caused by immigration. American History A Brief Overview of Social Phenomena 1850 - Present 1850 - 1880: social upheaval caused by immigration. 1960s-1970s: rights of ethnic, racial minorities, women, war protests. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

The 1980s saw a dramatic increase in sale and use of illicit drugs. American History A Brief Overview of Social Phenomena 1850 - Present The 1980s saw a dramatic increase in sale and use of illicit drugs. The 1990s saw violent encounters among citizens and law enforcement agents. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Terrorism on American soil is of central concern today. American History A Brief Overview of Social Phenomena 1850 - Present The year 2000 saw an emphasis on responsibility and punishment of offenders. Terrorism on American soil is of central concern today. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

What is Justice? CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

… principle of fairness, the ideal of moral equity. Justice: … principle of fairness, the ideal of moral equity. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Social Justice: Civil Justice Criminal Justice CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Civil Justice: …deals with fairness in relationships between citizens, government agencies, and business in private matters. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

…concern for violations of the criminal law. Criminal Justice: …concern for violations of the criminal law. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Individual Rights vs. Public Order The Theme of this Book Individual Rights vs. Public Order CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Individual Freedom vs. Public Safety The Theme of this Book and Individual Freedom vs. Public Safety CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Individual Rights Advocates: …seek to protect personal freedoms within the process of criminal justice. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Public Order Advocates: …suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

American Criminal Justice: The System Law Enforcement Courts Corrections CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

American Criminal Justice: The Consensus Model This model assumes cooperation between all components of the system towards a common goal. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

American Criminal Justice: The Conflict Model All components of the criminal justice system are self-serving and compete for limited resources. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

American Criminal Justice: Criminal Case Processing A Brief Introduction, 5/E by Frank Schmalleger

Police: Investigation and Arrest Police become aware of a violation of law. proactive law enforcement vs. reactive law enforcement CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Types of Police Responses: Proactive The police, usually during routine patrol, observe a suspicious situation or a crime in progress. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Types of Police Responses: Reactive The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Warrant: …in criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arrest: …the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense… CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arrest: …or a delinquent act or status offense terminating with the recording of a specific offense. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Miranda v. Arizona (1966) The U.S. Supreme Court reversed the conviction of Ernesto Miranda and thereby established guidelines for the police to follow in the interrogation of suspects. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

You have the right to remain silent. Miranda v. Arizona (1966) You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to an attorney and have him/her present while you are being questioned. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Do you understand each of these rights I have explained to you? Miranda v. Arizona (1966) After the warnings have been given, the following questions should be asked. Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now? CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Booking An administrative process officially recording an entry into detention after arrest. At time of booking, the accused’s name, address, time and place of arrest, and charges are entered into the police log. Fingerprints and photos can also be taken. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

First Appearance Usually occurs within 24 hours of arrest. Charges against the suspect are read. Accused is advised of his/her rights. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

First Appearance An attorney is appointed if the accused is indigent. An opportunity for bail may be provided. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Bail to ensure that the accused appears in court for trial CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Preliminary Hearing: Grand Jury The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Probable Cause: …a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Preliminary Hearing: Grand Jury When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Preliminary Hearing Whether a crime was committed. A proceeding before a judicial officer in which three matters must be decided: Whether a crime was committed. Whether the crime occurred within the territorial jurisdiction of the court. Whether there are reasonable grounds to believe that the defendant committed the crime. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arraignment It takes place after a preliminary hearing or indictment. Charges are read. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arraignment An attorney is provided if the defendant has not yet retained one. The defendant is asked to enter a plea. If the plea is “not guilty,” than a trial date is set. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arraignment: …the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his/her rights, and the defendant is required to enter a plea. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Arraignment: …in some instances, it also means any appearance in court prior to trial in criminal proceedings. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Trial If the defendant enters a plea of “ not guilty” at the arraignment, the proceedings will move forward to the trial phase. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Trial At this phase, the burden of proof is on the state to prove “beyond a reasonable doubt” that the defendant committed the crime. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Trial In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s). CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Sentencing Fine Probation Prison Community Corrections Once convicted, judge imposes punishment in the form of: Fine Probation Prison Community Corrections CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Sentencing Sentences can be served: consecutively - one after another concurrently - served at the same time CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Corrections: …a component of the criminal justice system in which the offender serves the sentence imposed. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

community corrections parole probation prison community corrections parole CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Due Process: …asserts that fundamental principles of justice must be guaranteed in any criminal proceeding, and that the administration of the law in a criminal case must not violate individual rights. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Due Process: …a right guaranteed by the 4th, 5th, 6th, and 14th Amendments to the U.S. Constitution, and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Constitutional Amendments CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

The Fourteenth Amendment “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws….” CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

The prohibition against unreasonable searches and seizures. The Fourth Amendment The prohibition against unreasonable searches and seizures. The exclusionary rule prohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

bar against double jeopardy The Fifth Amendment bar against double jeopardy privilege against forced self-incrimination CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

right to confront witnesses The Sixth Amendment right to a jury trial right to a public trial right to a speedy trial right to confront witnesses right to compulsory process to obtain witnesses CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

right to assistance of an attorney in felony cases The Sixth Amendment right to assistance of an attorney in felony cases right to assistance of an attorney in misdemeanor cases in which a prison term is imposed CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

It prohibits cruel and unusual punishment. The Eighth Amendment It prohibits cruel and unusual punishment. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

The Limits of Criminal Sanctions, 1968 by Herbert Packer CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Crime Control Model “Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime.” (Packer) CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Due Process Model To protect the innocent: “each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process.” (Packer) CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Crime Control Model assembly line justice focus on system efficiency CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

Due Process Model obstacle course justice focus on individual rights CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger