1. Week 2 Update
Weekly Announcement
Hello All! Welcome to week two of the Intro to Criminal Justice class. This week we will be
covering historical constructs of crime causation, the balance of individual rights and public
order, compare and contrast the due process and crime control model and their eternal
struggle for justice and lastly, the criminal justice process itself.
The assignment for the week is the completion of two (2) essay questions posted in the
discussion board section of Blackboard. Be sure to review the grading rubric for the essay
question to ensure you are striving to achieve all points possible. I hope to have your grades for
week one back by Sunday of week 2. Also, I will be reviewing the participation for week one for
attendance and if any student has posted no work and has not contacted me in advance will be
dropped from the course.
I hope you all are adjusting to another semester and good luck in week 2!!
S
Essay Questions for the Week 2
1. What were the similarities and differences between classical theories of crime causation
and neoclassical theories of crime causation? (Be sure to read rubric for scoring
guidelines)
2. What were the influences upon the criminal justice system of Caesare Lombroso's
theories of crime causation?
Chapter Outline
I. Contemporary Events That Have Shaped the Modern CJS
Rioting and the Fear of Crime
Civil Rights and War Protests
The War on Crime
Omnibus Crime Control and Safe Streets Act of 1968
II. Law and Order Versus Individual Rights
The Balance between Individual Rights and the Power of Government
III. Defining the Criminal Justice System
2. Agencies and People
Process and Flow
IV. Criminal Justice Models
Crime Control versus Due Process
V. The Criminal Justice Process
Deciding What Is a Crime
Detecting a Crime and Arresting a Suspect
Determining Guilt
Deciding on the Punishment
Carrying out the Sentence
Learning Objectives
After completion of this chapter, students should be able to:
1. Describe historical events that shaped the criminal justice system.
2. Explain the need to balance individual rights and maintain public order.
3. Define the agencies that comprise the criminal justice system.
4. Discern differences between crime control and due process models.
5. Know the steps of the criminal justice system.
Key Terms
Arraignment (p. 12) a short hearing before the judge in which the charges against the defendant are
announced
Arrest (p. 10) restricting the freedom of persons by taking them into police custody
Bail (p. 11) release of the defendant from custody on the promise, often secured with a monetary bond,
that the defendant will return to court at the necessary time to address the charges
Bench trial (p. 12) judicial process to determine the guilt or innocence of a defendant in which the
determination is made by a judge, not the jury
3. Bill of Rights (p. 7) delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom
of speech
Booking (p. 10) police activity that establishes the identity of an arrested person and formerly charges
that person with a crime
Civil Rights Act of 1964 (p. 4) declared that it is illegal for businesses, hotels, restaurants, and public
transportation to deny citizens service based on their race
Crime control model (p. 9) model of the criminal justice system in which emphasis is placed on fighting
crime and protecting potential victims
Criminal justice system (p.6) the enforcement, by the police, the courts, and correctional institutions, of
obedience to laws
Due process (p. 9) rules and procedures for protecting individuals accused of crime from arbitrary and
excessive abuse of power by the government
Grand jury (p. 11) panel of citizens similar to a trial jury that decides whether there is probable cause to
indict a defendant on the charges alleged
Formal sanctions (p. 6) social norms enforced through the laws of the criminal justice system
Indictment (p. 11) the formal verdict of the grand jury that there is sufficient evidence to bring a person
to trial
Informal sanctions (p. 6) social norms that are enforced through the social forces of the family, school,
government, and religion
Jury trial (p. 12) the jury determines the guilt of the defendant
4. Order maintenance (p. 7) A system of maintaining the day-to-day life of ordinary citizens, a primary goal
of the criminal justice system
Picket Fence Model (p. 7) model of the criminal justice system, with the local, state, and federal criminal
justice systems depicted as three horizontal levels connected vertically by the roles, functions, and
activities of the agencies that comprise them
Preliminary hearing (p. 11) hearing before a magistrate judge in which the prosecution presents
evidence to convince the judge that there is probable cause to bring the defendant to trial
Presumption of innocence (p. 9) The most important principle of the due process model, requiring that
all accused persons are treated as innocent until proven guilty in a court of law
Probation (p. 13) a disposition in which a convicted defendant is offered an opportunity to avoid serving
any time in prison by agreeing to fulfill conditions set forth by the court
Parole (p. 13) early release from prison before the maximum sentence is served, based on evidence of
rehabilitation and the good behavior of the inmate
Sentence (p. 12) disposition of a case by determining the punishment for a defendant convicted of a
crime
Social norms (p. 6) the expected normative behavior in a society
System of social control (p. 6) a social system designed to maintain order and regulate interactions
The Law Enforcement Educational Program (LEEP) (p. 5) created the goal of which is to promote
education among criminal justice personnel
The National Commission on Criminal Justice Standards and Goals (p. 5) formulated specific standards
and goals for police, courts, corrections, and crime prevention
5. The Omnibus Crime Control and Safe Streets Act of 1968 (p. 5) created the Law Enforcement Assistance
Administration (LEAA) to act as a conduit for the transfer of federal funds to state and local law
enforcement agencies
The President’s Commission on Law Enforcement and Administration of Justice (p. 4) concluded that
most people had lost confidence in the ability of the police to maintain law and order
War on Crime (p. 4) declared by President Lyndon Johnson to counter crime and social disorder
War on Terrorism (p. 5) is declared by President George W. Bush in response to the attacks of
September 11, 2001
Chapter Summary
The main agencies of the criminal justice system include: the police, the courts, probation and
parole agencies and corrections agencies. The actions of government agencies in the criminal justice
system are challenged to balance individual due process rights, with the need to provide effective crime
control for the larger part of society. The decentralization of the criminal justice system, as displayed in
the picket fence model is designed to provide separate but linked services at various government levels.
The theme of this chapter is the challenge for the criminal justice system to balance its efforts in crime
control, while acknowledging due process rights. The central premise of the due process model is the
presumption of innocence. Due process protects the rights of a defendant while being processed
through the system. The major processes in the criminal justice system are: 1) Deciding What Is a Crime,
2) Detecting a Crime and Arresting a Suspect, 3) Determining Guilt, 4) Deciding on the Punishment, and
5) Carrying out the Sentence.
The police are responsible for investigation, arrest, and booking. A magistrate judge reviews the
charges to determine if they are legitimate, advises the person of their legal rights, and determines bail.
A case moves from the police to the prosecutor after a preliminary hearing, in which probable cause is
established for believing that the defendant has committed a crime. At the arraignment, the defendant
pleads not guilty, guilty, or no contest to the charges. Guilt or innocence is determined by the judge in a
bench trial or by the jury in a jury trial. If convicted, the judge determines the appropriate sentence for a
convicted defendant, based upon a presentence investigation report. If the verdict finds the defendant
6. guilty an appeal of the verdict by the defense is possible. The convicted defendant may become an
inmate in a correctional facility, but most likely given probation. Probation requires fulfilling certain
conditions imposed by the court to avoid incarceration. Parole allows someone sentenced to prison to
obtain an early release from a correctional facility.