Many people are unfamiliar with the American Criminal Justice System, so this presentation condenses primary and necessary concepts for easy comprehension so that all can understand how the system functions and why! Disclaimer: this presentation was completed for an in-class assignment at Rockhurst University. The "for Dummies" branding is not my own and was simply used as a format for the assignment concept.

1. The CRIMINAL JUSTICE SYSTEM

2. BACK TO THE BASICS
• Objectives
• Primary Concepts
• Reflection
• Conclusion

3. Objectives
What we’ll learn...

4. Things to Know
• What is the American
Criminal Justice System?
• The Historical Perspective
• English Common Law
• Early American
• Morality
• Theorists & Theories
• Crime
• Concepts of Law
• Criminology
• Types of Justice
• Constitutional Protections
• Due Process
• Trial Procedure
• Corrections

5. Primary Concepts
Here we go!

6. American Criminal Justice System
• Definition: The process in which criminal justice
agencies work together to handle an incident.
• REQUIRES: a defined process, clear communication
between agencies and a common set of goals
• BUT: agencies are not a single unit, discretion is involved
and there are often competing interests
• Comprised of the community, police, courts and
corrections
• In short, the Criminal Justice System is society’s
response to crime

7. The History Behind the System
• English Common Law
• Based upon precedent decided by judges rather than statutes
or laws
• Established the division between felony offenses and
misdemeanors
• Mens rea (guilty mind) and Actus reus (guilty act)
• Early American
• Implemented the concept of “Due Process” which allows for
people to receive equal treatment under the law
• Constitution and the Bill of Rights
• Separation of power between Federal and State governments

8. Morality
• Social Contract Theory: agreement of the people within
society to relinquish certain freedoms in exchange for
security and order
• Thomas Hobbes
• Believed that people needed a powerful entity to impose law and
order
• John Locke
• Believed that all people possessed natural and inalienable rights
• Proposed the Moral imperative: the people had the right to decide
right v. wrong
• John Jacques Rousseau
• Believed a man is moral and free but in chains—corrupted by society
• Advocated for direct democracy

9. Crime
• Definition of Crime: an intentional act/omission which is
in violation of criminal law
• Elements of a Crime:
• Actus reus: an evil act must occur, that which is prohibited
under the law
• Mens rea: an evil mind, the intent of the offender to commit the
guilty act
• Severity of Crime:
• Mala in se: acts which are inherently bad (i.e. murder, rape,
assault)
• Mala prohibita: acts determined to be crimes due to legislative
determination (i.e. gambling, drug possession, prostitution)

10. Concepts of Law
The framework for understanding the role of law in
society
1. Foundation of the Law: Public v. Private Morality
2. Rationale for the Law: Enforcement of Morality v.
Protection of Individual Rights
3. Formation of Law: Rational v. Irrational
4. Application of the Law: Rational v. Irrational
5. Focal Point of the Law: Outcome based v. Process
based
6. Discretion in Law: Encouraged v. Discouraged

11. Criminology
The scientific study of crime, crime trends, the
nature of crime and the explanations for why
persons commit crimes.
1. Classical Criminology
1. Set of explanations for crime based on the concept of
free will; the idea that individuals choose whether or
not to commit a criminal act
2. Positivist School of Criminology
1. Based on determinism, the idea that behaviors are
influenced by internal and external factors such as
biological, psychological and sociological influences
outside the control of the offender

12. Types of Justice
• Procedural Justice
• Justice is achieved when procedures are followed
• Fair procedures are the best guarantees for fair outcomes
• Social Justice
• Considers equality and inequality in society
• Pursuit of justice is the pursuit of equality
• Individual Justice
• Focuses on the outcomes which apply to individual persons
• Vigilante Justice
• Individuals bypass the Criminal Justice System to resolve conflict
• Legal Vigilantism
• I.E. Guardian Angels, Neighborhood Watch Groups

13. Constitutional Protections
• 4th Amendment
• Provides for the protection of citizens against
unreasonable search and seizure
• 5th Amendment
• Prohibits self-incrimination, mandates the Due
Process of law and prevents double jeopardy
• 6th Amendment
• Allows for the right to a speedy trial, a fair jury, an
appointed attorney for those who cannot afford to
provide one for themselves

14. Due Process
• Substantive Due Process
• Protects against government infringement of fundamental
rights (i.e. freedom of speech, freedom of religion, right to
privacy)
• Procedural Due Process
• Justice is achieved when the proper procedures are
followed
• Addresses the fairness of the procedures
• Fair procedures are the best guarantees for fair outcomes

15. Trial Procedures Investigation
Arrest
Opening Statements
Grand Jury
Pre-Trial
Initial
AppearanceInformation
Jury Selection
Preliminary Hearing
Trial
Pre-sentence Report
Verdict
Preliminary Hearing
Prosecution’s Case
Defendant’s Case
Closing Arguments
Jury Instructions
Guilty Not Guilty
Guilty Plea
Sentence
Sentence
Crime
Information
Pre-sentence Report
Arrest

16. Corrections
The branch of the Criminal Justice System that
manages individuals who have been convicted of a
crime. The role of Corrections is to ensure that the
offender’s sentence is completed whether in jail,
prison, probation or community service.
• The Correctional System falls after sentencing in trial
procedures
• Offenders oftentimes serve less than their sentence as
reward for good behavior
• The Correctional System balances it’s merits between
retribution and rehabilitation

17. Conclusion
The Beginning of the End

18. Why it Matters
• Knowledge is power; it is important to know how your
Criminal Justice system works and to know your rights
under the law.
• The Criminal Justice System is constantly evolving but is
also founded deeply in historical roots like the Early
American system and English Common Law.
• Questions of morality are often raised regarding the
proceedings of the Criminal Justice system, knowing the
different viewpoints will help to develop a foundation for
your own perspective!

19. Works Cited
Watz, Craig. “Introduction to Criminal Justice.” Rockhurst University
Course. 2018, Kansas City, Missouri, Rockhurst University- Conway Hall.