This document provides an overview of criminal justice in the United States. It discusses the history of crime and the criminal justice system from the 1850s to present day. Key events include the civil war, prohibition, the civil rights movement, the war on drugs, and increased terrorism investigations after 9/11. The criminal justice system aims to balance individual rights with public safety. It outlines the components of the system including law enforcement, courts, and corrections. The stages of processing a criminal case from investigation to sentencing and reentry are also summarized.

1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
What is Criminal Justice?
1

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
A Brief History of Crime in AmericaA Brief History of Crime in America
• 1850-1880
 Civil War, widespread immigration,
crime epidemic
• 1920-1933
 Prohibition, organized crime
• 1960-1970
 The civil rights movement
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
A Brief History of Crime in AmericaA Brief History of Crime in America
• 1980s
 Sale and use of illicit drugs, President
Reagan declared a "war on drugs
• 1990s
 "Get tough on crime" era
• 2001
 USA PATRIOT Act increases
investigatory authority of federal, state,
and local police agencies
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
A Brief History of Crime in AmericaA Brief History of Crime in America
• 2011
 FBI most-wanted terrorist Osama Bin
Laden killed by U.S. special operations
forces in Pakistan
• 2012-2014
 Epidemic of mass shootings and random
violence sweeps public venues across
the U.S.

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
FIGURE 1–2 The Theme of This Book
Note: Balancing the concern for individual rights with the need for public order through the administration of
criminal justice is the theme of this book.

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual Rights vs. Public OrderIndividual Rights vs. Public Order
Individual-Rights
Advocates
• Seek to protect
personal freedoms
within the process of
criminal justice
Public-Order
Advocates
• Believe that under
certain circumstances
involving a criminal
threat to public safety,
the interests of society
should take
precedence over
individual rights

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual Rights vs. Public OrderIndividual Rights vs. Public Order
• 1960s and 1970s
 Known as the civil rights era
 Strong emphasis on individual rights
 Guarantee the rights of defendants and
attempt to understand the causes of
crime and violence

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual Rights vs. Public OrderIndividual Rights vs. Public Order
• Today, we have a shift away from the
offender as victim and now see the
offender as a dangerous social
predator.

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Criminal Justice and Basic FairnessCriminal Justice and Basic Fairness
• 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
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Criminal Justice and Basic FairnessCriminal Justice and Basic Fairness
• Civil justice
 A component of social justice concerned
with fairness in relationships between
citizens, government agencies, and
businesses in private matters
• Criminal justice
 The aspects of social justice that
concern violations of the criminal law

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Criminal Justice System StructureCriminal Justice System Structure
Consensus Model
• Various parts of the
justice system work
together 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

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Investigation
 Evidence collected, reconstruction of
criminal event
• Warrant
 Writ issued by judge directing officer to
perform an act and protects officer from
damages
continued on next slide

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Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Arrest
 Act of taking an adult or juvenile into
custody
• Booking
 Taking pictures, fingerprints, personal
information from suspect
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• First Appearance
 Formally notified of the charges, advised
of their rights, given the opportunity to
retain a lawyer or have one appointed to
represent them
• Preliminary Hearing
 Occurs before a judicial officer; allows
the defense to assess the strength of
the prosecution's case
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Information/ Indictment
 A formal written accusation submitted to
a court by a prosecutor, alleging that
the specified person(s) has committed
(a) specified offense(s)
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Arraignment
 Hearing before the court having
jurisdiction in a criminal case in which:
• The identity of the defendant is
established
• Said defendant is informed of the
charges against him/her
• The defendant is informed of his/her
rights and requested to enter a plea
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Adjudication
 Examination of the issues of fact and
law for the purpose of reaching a
judgment of conviction or acquittal
• Sentencing
 A number of difference sentencing
options exist, from fines to the death
penalty
continued on next slide

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Stages of Case ProcessingStages of Case Processing
• Corrections
 The sentence is carried out
• Reentry
 Following corrections, an offender may
be returned to the community.

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough Due Process
• Crime-control model
 Emphasizes the efficient arrest and
convictions of offenders
• Due process model
 Emphasizes individual rights at all
stages of the justice system processing
• These are often assumed to be
opposing goals.

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Due Process and Individual RightsDue Process and Individual Rights
• Due process
 Right guaranteed by the Fifth, Sixth,
and Fourteenth Amendments of the U.S.
Constitution
 Bill of Rights
 Standard was set in the 1960s by the
Warren Court.

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Frank Schmalleger
The Role of the Courts in DefiningThe Role of the Courts in Defining
RightsRights
• Rights are open to interpretation.
• U.S. Supreme Court
 Gideon v. Wainwright (1963)
• Sixth Amendment guarantee of a right to
counsel
• Including court-appointed counsel for
those unable to afford a lawyer

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough Due Process
• 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

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough Due Process
• Social control
 The use of sanctions and rewards within
a group to influence and shape the
behavior of individual members of that
group

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Evidence-Based Practice inEvidence-Based Practice in
Criminal JusticeCriminal Justice
• Refers to 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

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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Start of Academic CriminalThe Start of Academic Criminal
JusticeJustice
• Began in the late 1920s
• Early criminal justice education was
practice oriented.
• Primarily focused on the application of
general management principles to the
administration of police agencies
• Organizational effectiveness

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Frank Schmalleger
The Start of Academic CriminalThe Start of Academic Criminal
JusticeJustice
• By the 1960s, students began to apply
the techniques of social science
research.
 Criminology
 Sociology
 Psychology
 Political science

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Frank Schmalleger
Multiculturalism and DiversityMulticulturalism and Diversity
in Criminal Justicein Criminal Justice
• 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