ADMJ2 Ch 1 - Introduction to Administration of Justice

622 views
461 views

Published on

Chapter 1 - What is Criminal Justice?

Published in: Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
622
On SlideShare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
15
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide
  • 1850-1880 – Crime epidemic, immigration, Civil War (1861-65). Destruction, $ spent, displaced families, trained soldiers w/no jobs
    1920-1933 – Organized crime grows, Prohibition
    1960-1970 – Civil rights movement encouraged disrespect for authority, WWII baby boomers reach 20s, crime growth
    1970s – Murder, rape & assault reports grow
    1980s – Drug crimes grow
    1992 – Rodney King beating
    1990s – 1995 Ok City, 1999 Columbine. Get Tough on Crime era
    2000s – Police more pro-active, global perspective
    2001 – 9/11 Terrorist attacks
    2002 – Sarbanes/Oxley Act stiffened financial crime penalties
    2009 – Bernard Madoff brought white collar crime into focus

    1960’s/1970’s: The focus of individual rights through the civil rights movement impacted the criminal justices system and how the system operates.
    As we move throughout the semester, we will discuss various cases and find that many important decisions came during the civil rights movement.
    1980s: With the increase in the sale and use of drug, we had the “War on Drugs” which many credit with changing the face of those who are arrested and increasing the corrections population.
    1992: The benefit of the Rodney King case is that the policies and procedures of law enforcement were captured on video tape and put under an intense public microscope.
    9/11: This also changed how we viewed “racial profiling” and “privacy”, and forced us to reexamine the issues of individual rights and public order: this ties directly into the Patriot Act.
    2006 = Ken Lay and the Enron scandal is a great example to discuss.
  • 7
  • 15
  • 16
  • 18
  • 19
  • 20
  • 22
  • 29
  • Lecture Notes:
    Discuss Multiculturalism vs. Diversity terminology. Often discussed in terms of race, but broader than that.
    Multiculturalism – Diverse groups within one society that maintain unique cultural identities as they participate in the society’s legal and political systems
    Diversity – Variety. Diverse values, perspectives, behaviors of multicultural groups in society impact the justice system.

    Challenges – immigration, distrust/fear of law; disagreement about right/wrong/justice
    Opportunities – wide range of cultures from which to learn
  • ADMJ2 Ch 1 - Introduction to Administration of Justice

    1. 1. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Introduction to Administration of Justice Chapter 1 What is Criminal Justice? Scott Moller, JD
    2. 2. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved CHAPTER OBJECTIVES 1. Summarize the history of crime in America and corresponding changes in the American criminal justice system 2. Compare public-order (crime-control) and individual-rights (due- process) perspectives; consider how the criminal justice system balances the two perspectives 3. Relate criminal justice to general concepts of equity and fairness 4. Explain the structure of the American criminal justice system in terms of its three major components and their respective functions. 5. Describe the stages of the American criminal justice process 6. Define due process of law and locate due process guarantees in the American legal system 7. Describe the role of evidence-based practice in criminal justice 8. Explain how multiculturalism and diversity present both challenges and opportunities for the American system of criminal justice
    3. 3. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.1 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Summarize the history of crime in America and corresponding changes in the American criminal justice system.
    4. 4. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved “Get Tough on Crime” era Public perception of crime rates up, offenders unpunished Sale and use of illicit drugs Increased crime “War on Drugs” The Civil Rights Movement Murder, rape, & assault major increases Concern for disabled 1990s US History of Crime: 1850-1990s1.1 1980s 1960- 1970 1920- 1933 1850- 1880 Civil War Widespread immigration Crime epidemic Prohibition Organized crime
    5. 5. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Epidemic of mass shootings and random violence sweeps public venues across US 2011 FBI most- wanted terrorist Osama Bin Laden killed by US special forces in Pakistan 2009 Bernard Madoff ran largest Ponzi scheme in history $50B 150 yrs in prison 2012-14 US History of Crime: 1992-20141.1 2011200920011992 Rodney King video 1995 OK City Fed Bldg bombing 1999 Columbine massacre 9/11/2001 More global, pro-active PATRIOT Act increases police authority to investigate
    6. 6. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.2 Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice and consider how the criminal justice system balances the two perspectives. Individual Rights v. Public Order
    7. 7. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved7 1.2 Individual Rights Public Order Individual Rights vs. Public Order Individual-Rights Advocates Most concerned with protecting personal freedoms within the process of criminal justice Public-Order Advocates Believe that society’s interest in public safety should take precedence over individual rights
    8. 8. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Changing Public Views of Rights vs. Order 8 • 1960s and 1970s: known as the civil rights era – Strong emphasis on individual rights – Guaranteed the rights of defendants and attempted to understand the causes of crime and violence • Today, we have shifted away from the offender as victim and now see the offender as a dangerous social predator • Late-2010: Chelsea’s Law was passed by the CA senate • Chelsea’s Law increases penalties, parole provisions, and oversight for child sex offenders • Link to elements of Chelsea’s Law • Example of new focus on victim rights, deterrence, retribution 1.2
    9. 9. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.3 Explain the relationship of criminal justice to general concepts of equity and fairness. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes
    10. 10. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Criminal Justice and Basic Fairness1.3 10 • Justice – The principle of fairness; the ideal of moral equity • Social justice – Linked to fundamental notions of fairness and to cultural beliefs about right and wrong • Civil justice – A component of social justice concerned with fairness in relationships between citizens, government agencies, and businesses in private matters • Criminal justice – Aspects of social justice that concern violations of the criminal law
    11. 11. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.4 Describe the American criminal justice system in terms of its three major components and their respective functions. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes
    12. 12. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.4 Figure 1-3 Core Components of the US Criminal Justice System 1. Police 2. Courts 3. Corrections
    13. 13. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.4 Consensus Model Various parts of the justice system cooperate to achieve the social product of justice Conflict Model Components of the justice system function to serve their own interests; justice results from conflict rather than cooperation vs. 13 Criminal Justice System Structure
    14. 14. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.5 Describe the process of American criminal justice, including the stages of criminal case processing. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes
    15. 15. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Warrant: Writ issued by judge directing officer to perform an act and protects officer from damages Arrest: Act of taking an adult or juvenile into custody Booking: Taking pictures, fingerprints, personal information from suspect Before custodial interrogation, police must advise target of Miranda rights. 1.5 Investigation and Arrest 15 Stages of Case Processing Investigation: Evidence collected, reconstruction of criminal event
    16. 16. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.5 Miranda Warnings 16 Stages of Case Processing • This is a result of the Miranda v. Arizona (1966) case • Miranda warnings are read when a suspect is taken into custody (arrest), before any interrogation may occur • If police violate the rules of Miranda, any statements taken will be suppressed
    17. 17. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Miranda Warnings1.5 17
    18. 18. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Arraignment Trial CorrectionsSentencing 18 Information/ Indictment Initial AppearanceBooking Preliminary Hearing What happens after arrest? 1.5 Criminal Justice Process
    19. 19. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved19 1.5 Criminal Justice Process Booking – A law enforcement or correctional administrative process of officially recording an entry into detention after arrest Initial (First) Appearance – Defendant is: • Formally notified of charges • Advised of rights • Given the opportunity to retain a lawyer or have one appointed • Typically afforded the opportunity for bail Preliminary Hearing - Occurs before a judicial officer. The state must show a plausible account that defendant committed a felony in this jurisdiction. The defense may evaluate and challenge the state’s case. Information – A formal written accusation submitted to a court by a prosecutor, following a successful “prelim.” (bindover) Indictment – A formal written accusation submitted to the court by a grand jury, alleging that defendant has committed a crime, usually a felony
    20. 20. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved20 1.5 Criminal Justice Process Arraignment - Hearing before the court having jurisdiction in a criminal case in which the… • Identity of the defendant is established • Defendant is informed of the charges against him/her • Defendant is informed of his/her rights and asked to enter a plea Trial – Examination of the issues of fact and law for the purpose of reaching a judgment of conviction or acquittal Sentencing – After conviction, the trial judge will sentence the defendant; options may range from fines to the death penalty. Both sides are free to argue, with relaxed evidentiary rules, and the defendant has a right of allocution (right to speak to the court). Corrections – Carries out the sentence imposed by the court, whether supervision (probation/parole), fines, restitution, imprisonment Reentry – Following corrections, an offender may be returned to society
    21. 21. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.6 Define due process of law, including where the American legal system guarantees due process. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Due process means procedural fairness and generally includes: • A written law creating and defining the offense and penalties • An impartial tribunal with jurisdictional authority over the case • Accusation in proper form with notice and opportunity to defend • Trial according to established procedure • Discharge from restraints and obligations unless convicted
    22. 22. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved22 1.6 Herbert L. Packer identified two models in 1968: 1. Crime Control Model 2. Due Process Model Crime Control • Emphasizes efficient arrest and conviction of offenders • “Assembly line” justice, focused on cooperation and efficiency • Interests of community are favored over individual rights Due Process • Emphasizes individual rights • “Obstacle course” justice, focused on law enforcement following rules, protecting defendants’ rights • Society would rather guilty person go free than convict innocent person Crime Control and Due Process While these are often assumed to be opposing goals, the ultimate goal is crime control through due process.
    23. 23. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Fifth Amendment to the US Constitution Rights in criminal cases No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Finding Due Process Guarantees in US Law Due process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
    24. 24. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Sixth Amendment to the US Constitution Rights to a fair trial In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. Finding Due Process Guarantees in US Law Due process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
    25. 25. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Fourteenth Amendment to the US Constitution, Section 1: Due Process All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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 to any person within its jurisdiction the equal protection of the laws. Where are they found in US law? Finding Due Process Guarantees in US Law Due process is guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the US Constitution
    26. 26. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The Role of the Courts in Defining Rights1.6 26 • Rights are open to interpretation • Many criminal justice standards were set in the 1960s by the Warren Court – Example: Gideon v. Wainwright (1963) – The Sixth Amendment guarantees a right to counsel – In Gideon, the Court interpreted that to include free, court- appointed counsel for those unable to afford counsel Warren Court (1953-1969)
    27. 27. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The Ultimate Goal: Crime Control through Due Process1.6 27 • Crime control through due process – A system of social control that is fair to those it processes – Law enforcement infused with the recognition of individual rights • Social control – The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group
    28. 28. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.7 Describe the role of evidence-based practice in contemporary criminal justice. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes
    29. 29. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime-fighting strategies Social science research Scientifically tested 1.7 What are evidence-based practices? 29 Evidence-Based Practices Crime-fighting strategies that have been scientifically tested • Based on social science research • A major element in the increasing professionalization of criminal justice • Strong demand for the application of evidence-based practices throughout criminal justice
    30. 30. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The Academic Study of Criminal Justice1.7 30 • The academic study of criminal justice began in the late 1920s, when August Vollmer persuaded the University of California to offer courses • Early criminal justice education was practice-oriented • Primarily focused on applying general management principles to the administration of police agencies to increase organizational effectiveness August Vollmer Berkeley Chief of Police “Father of American Policing” The Police & Modern Society (1936)
    31. 31. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The Start of Academic Criminal Justice1.7 31 • By the 1960s, students began to apply the techniques of social science research – Sociology – Psychology – Political science Criminology Criminology – The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders
    32. 32. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1.8 Explain how multiculturalism and diversity present challenges to and opportunities for the American system of criminal justice. Learning Objectives, continued After this lecture, you should be able to complete the following Learning Outcomes
    33. 33. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Multiculturalism and Diversity in Criminal Justice1.8 33 Multiculturalism – 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 – Varying values, perspectives, and behaviors characteristic of groups within society; these can have a significant impact on the justice system Challenges for criminal justice: • Confusion between police and non-English-speaking persons • Disagreement over legal concepts of right/wrong/justice • Immigrants may distrust police, may be unwilling to report crime Opportunities for criminal justice: • US culture can learn from other cultures • Diversity in hiring can connect communities
    34. 34. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The criminal justice system strives to treat all fairly and equally. The system balances the needs for public order and individual rights. The system consists of 3 major components: police, courts, & corrections. The system is dynamic and reacts to changes in crime patterns. A criminal case proceeds through a defined set of stages. CHAPTER SUMMARY 1.1 1.2 1.3 1.4 1.5 Due process is found in the Constitution, defined by the Supreme Court. The system can be analyzed through evidence-based examination. Diversity & multiculturalism present both challenges and opportunities . 1.6 1.7 1.8

    ×