Crime & An Introduction to the Criminal Justice System Chapter 1 In Your Textbook John Massey Criminal Justice

Crime defined ► Why do we have a criminal justice system? ► Why do we have a college introductory course in criminal justice? ► Defined: ► Wrong committed against society which has been proclaimed by law and when the action is committed in certain circumstances, it is punishable by society as a whole. ► CONSENSUS & CONFLICT MODELS

Consensus & Conflict Models ► Consensus Model ► Majority agreement  People gather as a group, form a society together  Agree to what is right and wrong ► Conflict Model  Larger societies  Diverse segments of society, different value systems/norms  Constant struggle between separated segments

The Purpose of the System ► Three main goals ► Control crime, prevent crime, provide/maintain justice ► How does the system control crime?  Arrest, prosecute, punish ► How does the system try to prevent crime?  Harsh punishment prevents others from committing a similar crime ► How does the system provide and maintain justice?  Fairness  All people are equal before the law

The System Structure ► Federalism ► Local level ► Crime is a local problem ► Law enforcement: local, state, federal – all have their own structures ► The Courts: dual court system, federal/state courts ► Federal: district, circuit appellate, supreme ► State: trial, intermediate appellate, supreme ► Corrections: state prisons, local jails, federal prisons  Probation, strict sentences, incarceration, community corrections, parole

TV v. Reality ► The reality ► Informal v. Formal Process of Justice (Herbert Packer) ► Formal – THE IDEAL ► Informal – THE REALITY ► Why? Discretion ► Discretion: 3 main reasons it is used  Resources not available to focus on every case  Remove pressures, time constraints  Cut down large caseloads

The Wedding Cake Model ► Wedding Cake Model of Justice ► Celebrated Cases – at the top  LAYER ONE ► High Profile Felonies  LAYER TWO ► Ordinary Felonies  LAYER THREE ► Misdemeanors  LAYER FOUR  More than 75 percent of police arrests (non-serious, non- violent)  MOVING DOWN, CRIMES OCCUR MORE FREQUENTLY.

Due Process v. Crime Control ► The battle between the two models. ► Crime Control  Punish and stop criminal conduct – most important function  Conservative ► Due Process  Protect rights of accused through legal constraints on police, courts and corrections  Liberal  Fairness should be the ultimate goal  The models swing back and forth dependant upon the national mood  50’s and 60’s –Warren Court  late 70’s and 80’s, - get tough movement

Types of Crimes ► Crimes separated based on seriousness – 6 groups ► Violent – crimes against persons  Murder, sexual assault, robbery, etc. ► Property – most common form  Goal is economic gain  Shoplifting, theft w/out force ► Public Order Crime  Public values and morals – public intoxication, gambling, victimless ► White Collar Crime  Business world – economic/personal/business advantage (ex: embezzlement) ► Organized Crime  Use of legal business facilities/employees to commit illegal acts ► High Tech Crime  Latest type to emerge – cyber crimes, getting worse

Michael Jackson’s Mug Shot on file with Santa Barbara Sheriff’s Department