Chapter 1 Crime and Criminal Justice

1. Chapter 1 Crime and Criminal Justice

2. Learning Objectives • Discuss the formation of the criminal justice system in America • Be able to define the concept of a criminal justice system • Be familiar with the basic component agencies of criminal justice • Comprehend the size and scope of the contemporary justice system • Trace the formal criminal justice process

3. Learning Objectives • Know what is meant by the term “criminal justice assembly line” • Characterize the “informal criminal justice system” • Describe the “wedding cake” model of justice • Be familiar with the various perspectives on justice • Understand the ethical issues involved in criminal justice

4. Introduction: The Criminal Justice System • System of: • Law enforcement • Courts • Corrections • Directly involved in the: • Apprehension • Prosecution • Control of those who violate the law

5. Introduction: The Criminal Justice System

6. Introduction: The Criminal Justice System • Describe, analyze and explain the behavior of criminal justice agencies: • Police departments • Courts • Correctional agencies

7. Developing the Criminal Justice System • A surge of violent crime in 19th century America • Famous outlaws, criminal gangs • Flourished in largest cities • Criminal justice agencies developed as criminal gangs formed • In 1829 the London Metropolitan Police, the first police agency

8. Developing the Criminal Justice System • First police agencies created in the U.S: • Boston (1838) • New York (1844) • Philadelphia (1854). • The penitentiary was created • In 1919 the Chicago Crime Commission was created

9. Developing the Criminal Justice System • In 1931 President Herbert Hover appointed the National Commission of Law Observance and Enforcement commonly known as the Wickersham Commission. • Commission made a detailed analysis of the U.S. justice system • Helped usher in the era of treatment and rehabilitation

10. The Modern Era of Justice • Began in the 1950’s with a series of research projects • Criminal justice procedures and their interrelationship were examined: • Investigation • Arrest • Prosecution • Pleas negotiation

11. Federal Involvement in Criminal Justice • 1967 - President’s Commission on Law Enforcement and Administration of Justice published The Challenge of Crime in a Free Society • A group of practitioners, educators, and attorneys created a comprehensive view of the CJ process and recommended reforms • 1968 - Congress passed Safe Streets and Crime Control Act • Funded the Law Enforcement Assistance Administration • Federal government continues to fund the NIJ and the BJA

12. The Contemporary Criminal Justice System • Society’s instrument of social control • Task is to prevent or deter outlawed behavior by: • Apprehending • Adjudicating • Sanctioning Lawbreakers

13. The Contemporary CJS • Three main components: • Law enforcement agencies • Investigate & arrest • Court agencies • Charge, conduct trial and sentence • Correctional agencies • Monitor, treat, rehabilitate offenders

14. The Contemporary CJS • State and local criminal and civil justice • Costs $215 billion (up 300 percent since 1982) • Employs more than 2 million people • 18,000 local law enforcement agencies employ 1,000,000 people • 800,000 are full-time sworn, remainder are: • Part-time officers • Civilian employees

15. The Contemporary CJS • There are approximately: • 17,000 courts • 8,000 prosecution agencies • 6,000 correctional institutions • 3500 probation and parole departments • Costs: • $100,000 to build a prison cell • $25,000 yearly to house an inmate • $30,000 yearly to house a juvenile inmate

16. The Contemporary CJS • Arrest and Court Populations: • 14 million individuals arrested each year • 1 million convicted of felony charges in state and federal courts • 1 ½ million juveniles handled by juvenile courts

17. The Contemporary CJS • Corrections: • More than 7 million people under some form of correctional supervision • 2 million in jails and prisons • 5 million in community supervision: • Probation • Parole

18. The Formal Criminal Justice Process Crime Report Investigation Arrest Custody Charging Factors Preliminary hearing/Grand Jury Arraignment Bail/Detention Plea Bargaining Trial/Adjudication Sentencing/Disposition Appeal/Post-Conviction Remedies Correctional Treatment Release Post-Release

19. The Formal Justice Process

20. Criminal Justice Assembly Line • There are decision points at each of the stages of the assembly line • Each decision point is critical • The justice process is viewed as a funnel for cases

21. The Informal CJ Process • Most criminal cases are cooperative ventures in which all parties work together to work out a deal • Courtroom Work Group: • Prosecutor • Defense attorney • Judge • Other court personnel • 80-90% of all cases are settled without trials

22. The Informal CJ Process • The “Wedding Cake” Model of Justice:

23. Perspectives on Justice • There are a variety of perspectives on justice: • Crime Control Perspective • Rehabilitation Perspective • Due Process Perspective • Nonintervention Perspective • Equal Justice Perspective • Restorative Justice Perspective

24. Perspectives on Justice • Crime Control Perspective: • Deter crime through the application of punishment • The more efficient the system, the greater its effectiveness • The justice system is not equipped to treat people but to investigate crimes, apprehend suspects, and punish the guilty

25. Perspectives on Justice Rehabilitation Perspective Assumptions • Care for people who cannot manage themselves • It is better to treat than punish • Criminals are society’s victims • Helping others is part of the American culture • Convicted criminals can be successfully treated

26. Perspectives on Justice Due Process Perspective • Provisions for fair and equitable treatment for the accused • Every person deserves their constitutional rights and privileges • Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty • Decisions must be carefully scrutinized to avoid errors

27. Perspectives on Justice Nonintervention Perspective • Criminal justice agencies should limit involvement with criminal defendants • Labeling individuals as criminals is harmful and disruptive • Stigma locks people into a criminal way of life • Decriminalize, divert, and deinstitutionalize

28. Perspectives on Justice Equal Justice Perspective • Equal treatment for equal crimes • Decision making standardized and structured by rules and regulations • Individual discretion reduced and controlled • Inconsistent treatment produces disrespect for the system

29. Restorative Justice Perspective Restorative Justice Perspective • Offenders should be reintegrated back into society • Coercive punishments are self-defeating • Justice system must become more humane

30. Perspectives in Perspective • During the past decade crime control and equal justice models have dominated • Rehabilitation, due process, and the least-intrusive treatment have not been abandoned • There is no single view that is the right or correct view

31. Ethics in Criminal Justice • Justice personnel function in an environment where moral ambiguity is the norm • Enormous power granted to criminal justice employees • Ethics and law enforcement: • Police have authority to deprive people of their liberty • Police are granted wide discretion • Police serve as the interface between the power of the state and citizens it governs

32. Ethics in Criminal Justice • Ethics and the courts: • Seeks justice for all parties in a criminal matter • Prosecutor has dual-role: • Represents people • Represents the court • Defense Attorney has dual-role: • Defense advocate • Officer of the court • Ethics and corrections - significant coercive power over offenders