Week 2 update
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Week 2 update Document Transcript

  • 1. Week 2 UpdateWeekly AnnouncementHello All! Welcome to week two of the Intro to Criminal Justice class. This week we will becovering historical constructs of crime causation, the balance of individual rights and publicorder, compare and contrast the due process and crime control model and their eternalstruggle for justice and lastly, the criminal justice process itself.The assignment for the week is the completion of two (2) essay questions posted in thediscussion board section of Blackboard. Be sure to review the grading rubric for the essayquestion to ensure you are striving to achieve all points possible. I hope to have your grades forweek one back by Sunday of week 2. Also, I will be reviewing the participation for week one forattendance and if any student has posted no work and has not contacted me in advance will bedropped from the course.I hope you all are adjusting to another semester and good luck in week 2!!SEssay 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 Lombrosos theories of crime causation?Chapter OutlineI. 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 1968II. Law and Order Versus Individual Rights The Balance between Individual Rights and the Power of GovernmentIII. Defining the Criminal Justice System
  • 2. Agencies and People Process and FlowIV. Criminal Justice Models Crime Control versus Due ProcessV. 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 SentenceLearning ObjectivesAfter 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 TermsArraignment (p. 12) a short hearing before the judge in which the charges against the defendant areannouncedArrest (p. 10) restricting the freedom of persons by taking them into police custodyBail (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 chargesBench trial (p. 12) judicial process to determine the guilt or innocence of a defendant in which thedetermination 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 freedomof speechBooking (p. 10) police activity that establishes the identity of an arrested person and formerly chargesthat person with a crimeCivil Rights Act of 1964 (p. 4) declared that it is illegal for businesses, hotels, restaurants, and publictransportation to deny citizens service based on their raceCrime control model (p. 9) model of the criminal justice system in which emphasis is placed on fightingcrime and protecting potential victimsCriminal justice system (p.6) the enforcement, by the police, the courts, and correctional institutions, ofobedience to lawsDue process (p. 9) rules and procedures for protecting individuals accused of crime from arbitrary andexcessive abuse of power by the governmentGrand jury (p. 11) panel of citizens similar to a trial jury that decides whether there is probable cause toindict a defendant on the charges allegedFormal sanctions (p. 6) social norms enforced through the laws of the criminal justice systemIndictment (p. 11) the formal verdict of the grand jury that there is sufficient evidence to bring a personto trialInformal sanctions (p. 6) social norms that are enforced through the social forces of the family, school,government, and religionJury 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 goalof the criminal justice systemPicket Fence Model (p. 7) model of the criminal justice system, with the local, state, and federal criminaljustice systems depicted as three horizontal levels connected vertically by the roles, functions, andactivities of the agencies that comprise themPreliminary hearing (p. 11) hearing before a magistrate judge in which the prosecution presentsevidence to convince the judge that there is probable cause to bring the defendant to trialPresumption of innocence (p. 9) The most important principle of the due process model, requiring thatall accused persons are treated as innocent until proven guilty in a court of lawProbation (p. 13) a disposition in which a convicted defendant is offered an opportunity to avoid servingany time in prison by agreeing to fulfill conditions set forth by the courtParole (p. 13) early release from prison before the maximum sentence is served, based on evidence ofrehabilitation and the good behavior of the inmateSentence (p. 12) disposition of a case by determining the punishment for a defendant convicted of acrimeSocial norms (p. 6) the expected normative behavior in a societySystem of social control (p. 6) a social system designed to maintain order and regulate interactionsThe Law Enforcement Educational Program (LEEP) (p. 5) created the goal of which is to promoteeducation among criminal justice personnelThe National Commission on Criminal Justice Standards and Goals (p. 5) formulated specific standardsand 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 AssistanceAdministration (LEAA) to act as a conduit for the transfer of federal funds to state and local lawenforcement agenciesThe President’s Commission on Law Enforcement and Administration of Justice (p. 4) concluded thatmost people had lost confidence in the ability of the police to maintain law and orderWar on Crime (p. 4) declared by President Lyndon Johnson to counter crime and social disorderWar on Terrorism (p. 5) is declared by President George W. Bush in response to the attacks ofSeptember 11, 2001Chapter Summary The main agencies of the criminal justice system include: the police, the courts, probation andparole agencies and corrections agencies. The actions of government agencies in the criminal justicesystem are challenged to balance individual due process rights, with the need to provide effective crimecontrol for the larger part of society. The decentralization of the criminal justice system, as displayed inthe 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 crimecontrol, while acknowledging due process rights. The central premise of the due process model is thepresumption of innocence. Due process protects the rights of a defendant while being processedthrough 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, and5) Carrying out the Sentence. The police are responsible for investigation, arrest, and booking. A magistrate judge reviews thecharges 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 isestablished for believing that the defendant has committed a crime. At the arraignment, the defendantpleads not guilty, guilty, or no contest to the charges. Guilt or innocence is determined by the judge in abench trial or by the jury in a jury trial. If convicted, the judge determines the appropriate sentence for aconvicted 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 aninmate in a correctional facility, but most likely given probation. Probation requires fulfilling certainconditions imposed by the court to avoid incarceration. Parole allows someone sentenced to prison toobtain an early release from a correctional facility.