WHAT IS CRIMINAL

JUSTICE?

CHAPTER ONE
INDIVIDUAL RIGHTS VS PUBLIC ORDER
INTRODUCTION
 WHAT IS CRIMINAL JUSTICE? 2
• Which do you believe is more important,
“Individual Rights” perspective or
“Public Order” perspective (good of
society over individual rights) and why?

• Have you had any experiences which

explains your position?
 WHAT IS CRIMINAL JUSTICE? 3
• What is Justice?

• What does Justice mean to you?

• Is Justice for all?

• British philosopher Benjamin Disraeli (1804-1881) defined

justice as “TRUTH IN ACTION.”

• According to the book “Criminal Justice,” JUSTICE IS THE

PRINCIPLE OF FAIRNESS; THE IDEAL OF MORAL EQUITY.
 WHAT IS CRIMINAL JUSTICE? 4
• Who is Lady Justice (Themis) and what
does she represent?
– Blindfold?
– Scales?
– Sword?
The blindfold represents blind justice,
that the court holds no favor with
anyone. The scales are to weigh the
truth or the strength of the case. The
sword represent her power over both
sides.
 Individual Rights vs. Public Order
Individual rights refers to: The rights guaranteed to all
members of American society by the United States
Constitution (especially as defined by the Bill of
Rights).

• Individual Rights
– Defendant
– Victim
– Victim’s Family
– General Public
 Individual Rights vs. Public Order 2
Public Order refers to: The belief that under certain
circumstances involving criminal threats to public
safety, the interests of society (especially crime
control and social order) should take precedence
over individual rights.

• Public Order & Safety

– Safety & protection from crime/criminals
– Peaceful existence for all!
• Which is more important? Why?
– How does the Criminal Justice System
balance these two concepts?
CRIMINAL JUSTICE AND BASIC FAIRNESS
• Justice – The principle of fairness; the ideal of
moral equity.

• Social Justice – An ideal that embraces all

aspects of civilized life and that is linked to
fundamental notions of fairness and to
cultural beliefs about right and wrong.
CRIMINAL JUSTICE AND BASIC FAIRNESS 2

• Civil Justice – Is a component of Social Justice;

fairness in relationships between
citizens(private rights) and seek remedies
sought by civil action.
• Criminal Justice - The criminal (penal) law, the
law of criminal procedure, and the array of
procedures and activities having to do with
the enforcement of this body of law.
 CRIMINAL JUSTICE AND BASIC
FAIRNESS 3
• Police officers, prosecutors, judges, and
correction officials sometimes feel that their
efforts to uphold the law garner unfair public
criticism?

• Think about recent

police incidents
where the
community has
criticized law
enforcement’s
actions.
 American Criminal Justice:
System and Functions
• Cops
– Law Enforcement
– Investigation
– Apprehension
• Courts
– Due Process
– Prosecution
– Adjudication
– Sentencing
• Corrections
– Incarceration
– Rehabilitation
– Correctional Supervision
• Probation & Parole
 American Criminal Justice:
System (CJS) and Functions
• Consensus Model
– Assumes all components of CJS work
harmoniously to achieve Justice as social goal

• Conflict Model
– Assumes CJS components work independently to
serve own self-interest
– Justice seen as result of conflict between agencies
rather than cooperative efforts

• Which model is most likely to occur in

reality?
 American Criminal Justice: The Process
Crime or Public Offense
California Penal Code 15:
• A crime or public offense is a act committed or
omitted in violation of a law (Federal, State, or
Local laws) that carries, upon conviction, any
of the following punishments:
– Death
– Imprisonment
– Fine
– Removal from office in this state
 PENAL CODE 4
Bullet Points of PC 4
• California legal system is derived from English
common law.
• Common law is unwritten laws and traditions
that governed the common people.
• Over time, courts started to record their cases,
decisions and, case law evolved.
• As time progressed, the common people
demanded justice and thus, a more formalized
legal system was develop.
(Continued)
 PENAL CODE 4
• California legal system is less tied to tradition
and more “people-oriented.”
• Common law is bound by the letter of the law.
• California legal system is directed to the spirit
of the law.
• California legislature expressed its intent with
enacting Penal Code 4.
• (Continued)
 PENAL CODE 4 (Four)
• The rule of the common law, that penal statutes
are to be strictly construed, has no application to
this Code. All its provisions are to be construed
according to the fair import of their terms, with a
view to effect its objects and to promote justice.

• This means when a question is raised as to the

intent of the law, the courts will look at not only
the literal meaning of the words, but also the
spirit in which the statute was written.
 TYPES OF CRIMES
• Infraction – minor offenses such as a traffic
violation – penalty is usually a fine

• Misdemeanors – minor crime such as a theft –

punishable by a fine or jail

• Felony – major crime such as arson –

punishable by fines and/or more than one
year in prison.
 American Criminal Justice: The Process
Investigation and Arrest
• Criminal Investigations
• Detention and Arrest
– Reasonable Suspicion to Detain
– Probable Cause to Arrest
• Types of Arrests
– Warrant
– On-View
– Private Person
• Booking Process
– Official documentation of arrest
– Continue
 American Criminal Justice: The Process
Investigation and Arrest 2
• Bail
– Money or collateral to ensure re-appearance in court
– Allows for preparation of Defense strategy
• Release on Own Recognizance (O.R.)
– Upon one’s promise to appear in court
• Arraignment
– Official charges, plea, legal counsel
– Within 48 hours of arrest
• Preliminary Hearing (Magistrate or Grand Jury)
– PC hearing to determine further court proceedings
 American Criminal Justice: The Process
Pretrial Stages
• Discovery – As soon as the defendant is charged, the State of
California is required to disclose to the defense attorney all
evidence which it has against the defendant.

• Pretrial Interviews – A defense attorney has the right to talk to all

witnesses in a case.

• Suppression Hearings – A defense attorney will request one or

more pretrial hearings to try to get evidence suppressed. These
hearings are, in effect, trials of police officers’ conduct.

• Plea Bargains - A plea bargain is an agreement between the

defendant and prosecutor to plead guilty to a lesser crime, some of
the charges, or reduced sentence.
 American Criminal Justice: The Process
Trial Stages
• Prosecution
– Efforts by the District Attorney to prove guilt beyond a reasonable doubt
• Adjudication
– 6th Amendment: Legal Counsel, Charges, Speedy Trial, Impartial Jury,
Witnesses, etc.
• Trial by Judge or Jury
– Trial process = examination of issues of fact and law in a court trial
proceeding
– Purpose is to reach a decision for conviction or acquittal of accused
• Verdict
– Guilty (Sentencing)
– Not Guilty (Case is over – there will be no retrial)
– Hung (Retrial, Plea Bargain, dismissal of case)
 American Criminal Justice: The Process
Sentencing
• Judge decides at the time of sentencing which
penalty choice shall be imposed:
– Felony (noncapital)
• Probation with condition (often including time in the county jail)
• County Jail instead of State prison for certain felonies
• State prison time /county jail
– Misdemeanors
• County Jail time
• Fine
• Probation
• Some combination thereof
– Capital Cases
• Jury decides death or life in prison, however, the judge may accept or
reject the jury’s conclusion
 American Criminal Justice: The Process
Sentencing Options

• Consecutive Sentences
– Two or more sentences for more than one offense to be served in
sequence
– May be a new sentence added on for someone already incarcerated
which increases their time in confinement
• Concurrent Sentences
– Two or more sentences imposed upon conviction for more than one
offense to be served at the same time
• Sentencing alternatives?
 American Criminal Justice: The Process
Sentencing Options 2
• Probation
– Suspended Sentence
– Mandatory supervision during probationary term
– Violation may result in original sentence
• Parole
– After release from prison while readjusting to
return to society
– Violation may result in return to prison
 Constitutional Due-Process Rights
and Protections
• 1st Amendment
• 7th Amendment
– Freedom of Speech, religion,
press, Assembly – Right to jury trial for civil
• 2nd Amendment cases
– Right to Bear Arms • 8th Amendment
• 3rd Amendment – No Excessive Bail/Fines or
– Quartering of soldiers Cruel/Unusual Punishment
• 4th Amendment
• 9th Amendment
– Search and Seizure
• 5th Amendment – Rights retained by the People
– Self-Incrimination, Double • 10th Amendment
Jeopardy, due process – State rights
• 6th Amendment
• 14th Amendment
– Legal Counsel, Charges, Speedy
Trial, Impartial Jury, Witnesses, – Due Process and Equal
etc. Protection of the Laws for
Everyone
 OTHER COUNTRIES RIGHTS
A lot of countries do not afford their citizens the same legal protections as we
afford our citizens in America. For example, American citizens have been
provided Miranda Rights since 1966, however, until 2013 Mexican citizens did
not share similar rights in their Country. Refer to the Associated Press Article
regarding Miranda style warnings in Mexico.

Mexican suspects to get Miranda-style warnings

The Associated Press
Last Modified: Friday, Jan. 25, 2013 - 4:02 pm

• MEXICO CITY -- Reading suspects their rights is an idea that most Mexicans
had only heard about in American movies until Friday, when authorities
announced they are starting a program to require police to do just that.

• Eduardo Sanchez, the assistant secretary of the interior, said all federal
police will have to advise detainees of their right to remain silent and the
right to a lawyer. The warning will also advise foreigners they have a right
to consular assistance and speakers of Indian languages and foreigners
that they can have translators.
 CRIME CONTROL
THROUGH DUE PROCESS
An ultimate goal for the criminal justice system is crime
control through due process:

1) The need to enforce the law and maintain public order. A

criminal justice perspective that emphasizes the efficient
arrest and conviction of criminal offenders (Crime
Control Model).

2) The need to protect individuals from injustice, especially

at the hands of the criminal justice system. A criminal
justice perspective that emphasizes at all stages of justice
system processing (Due Process Model).
 American Criminal Justice: The Process
Recidivism
• The repetition of criminal behavior
– How is this measured?
• Statistics vary based on number of repeated…
– Violations
– Arrests
– Convictions
– Sentences

• About 60% - 80% of prisoners return to prison within 3 years!

ANY QUESTION?