© 2002 Wadsworth Publishing Co. Introduction to Criminal Justice 2002 Unit 1 – Crime and Criminal Justice Slides Prepared by: Larry Bassi SUNY College at Brockport Revised by Hal Nees Metropolitan State College of Denver Slides Prepared by: Larry Bassi SUNY College at Brockport Revised by Hal Nees Metropolitan State College of Denver

Unit What Canadians Think (Canadian Citizens – Most Important Problem)

Unit What Canadians Think (Confidence in the Criminal Justice System)

Unit Politics and Criminal Justice The nature and definition of criminal justice is always defined in political arenas. The “system” is a public one, therefore it is entrusted to politicians to set broad policies. Political views of what is “best” vary among politicians.

Unit To deal more effectively with crime and criminals the Criminal Justice system needs more: TimeMoneyPeople ++ Crime Commission Recommendations

Unit Public Order and Individual Freedom The classic struggle law makers deal with is how to keep the public order while still insuring freedom for the individual. The classic struggle law makers deal with is how to keep the public order while still insuring freedom for the individual.

Unit Goals of the Criminal Justice System DoingJusticeDoingJusticeControllingCrimeControllingCrime PreventingCrimePreventingCrime

Unit Federalism A system of government in which power is divided between a central (national) government and regional (provincial) governments.

Unit Dual Justice Systems Provincial systems handle alleged violations of provincial law. The federal system handles alleged violations of federal law.

Unit Government and Criminal Justice: What are the connections? Judicial Branch - the courts Executive Branch - Prime Minister & Cabinet & administrative offices Legislative Branch - those units that make substantive & procedural law

Unit Executive Branch Carries out (executes) many acts of government Holds powers of appointment and pardons Provides leadership for crime control

Unit Legislative Branch Defines criminal behavior Establishes penalties Passes laws governing criminal procedure Funds crime-control programs

Unit Judicial Branch Administers the process by which criminal responsibility is determined Appellate courts interpret laws & review legislative decision making

Unit The Supreme Court As the highest court in Canada, the Supreme Court is often asked to resolve legal dilemmas

Unit Realities of Crime All crimes are not treated the same by the criminal justice system. All criminals are not treated the same by the criminal justice system. Much of the public has a distorted understanding about criminal justice processes.

Unit Celebrity Cases High Profile Felony Cases Ordinary Felony Cases Misdemeanors 1234 The Wedding Cake Model The Wedding Cake Model

Unit Origins of Criminal Law: Consensus View Law reflects the need for order. Law results from a consensus on widely shared values in society. Law is an impartial system to protect the public. Law provides neutral means of resolving disputes.

Unit Origins of Criminal Law: Conflict View  Politically powerful groups influence the content of criminal law.  “Mala prohibita” offenses are prohibited by government but not wrong in themselves.  Harsh penalties are sometimes enforced on the poor or disadvantaged while the powerful are given lighter sentences.

Unit Perspectives on Justice A perspective is a “view point” about a given subject. It normally reveals one’s understanding about the relationship between various aspects of a subject to each other and to the topic as a whole. A perspective about the causes of crime, nature of criminals, the functions of government, and the rights of victims is one of the foundations on which public policy is based.

Unit Crime Control Perspective Proper role of criminal justice is to prevent crime through judicious use of sanctions. If criminal justice operated effectively, criminals would be deterred. The system could punish in such a way to make all believe that “crime doesn’t pay”. Focus of justice should be on the victim. Crime control measures should be sure & swift.

Unit Effects of the Crime Control Perspective Mandatory sentencing “Three strikes and you’re out” Preventative detention Abolition of parole

Unit Rehabilitative Perspective The justice system should be a means of caring for and treating people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality. Crime can be controlled by giving people the means to improve their lives through conventional endeavors.

Unit Due Process Perspective Combines elements of the liberals’ concern for the individual with the concept of legal fairness guaranteed by the Constitution. Provides fair and equitable treatment to those accused of crime. Advocates strict monitoring of discretion by justice officials to ensure no one suffers racial, religious or ethnic discrimination.

Unit Effects of the Due Process Perspective Exclusionary rule Right to attorney at all stages of the process Due process rights given to juveniles Granting prison inmates fundamental legal entitlements

Unit Nonintervention Perspective Limit the involvement of the criminal justice system with defendants whenever possible. Long term effects of involvement are harmful to the individual.

Unit Nonintervention Perspective and Net Widening Nonintervention Strategies: Decriminalization of “victimless crimes” Deinstitutionalization of nonviolent offenders Pretrial Diversion for first time offenders Which net catches more?

Unit Justice Perspective Liberal Perspective  Fairness, equality, and strict control of discretion Conservative Perspective  Crime Control Combines: +

Unit How Does the Justice Perspective Limit Discretion? determinant sentencing Advocates determinant sentencing Advocates use of sentencing guidelines Advocates abolition of parole One of the major goals is to reduce disparity !

Unit Steps in the Decision Making Process – Criminal Justice Investigation Arrest Booking Charging Initial Appearance Preliminary Hearing/Grand Jury Indictment/Information Arraignment

Unit Steps in the Decision Making Process – Criminal Justice  Sentencing  Appeal  Corrections  Release