An Introductory Text For The 21 Century: What Is Criminal Justice?

Criminal Justice Today
An Introductory Text for the 21st Century
CHAPTER 1
What is Criminal
Justice?
Criminal Justice Today: An Introductory Text

Copyright © 2017 by Pearson Education, Inc.
for the 21st Century, 14e
All Rights Reserved
Frank Schmalleger
A Brief History of Crime in America
• Crime control has long been a primary

concern of politicians and government
leaders worldwide.
• The American experience with crime
over the last 50 years has helped to
shape the modern criminal justice
system.
• Crime waves have come and gone
throughout history.
continued on next slide
All Rights Reserved
Frank Schmalleger
• 1850–1880
 Crime epidemic due to immigration and
Civil War
• Early 20th century
 Widespread organized criminal activity
associated with Prohibition

All Rights Reserved
Frank Schmalleger
• 1940s–1960
 Crime rates remained stable after WWII.
• 1960s–1970s
 Civil Rights Movement led to increased
emphasis on individual rights.
 Dramatic increase in reported crime

All Rights Reserved
Frank Schmalleger
• 1980s
 War on Drugs and emergence of "crack"
• 1990s
 Public perception of increasing crime
 1995 Oklahoma City bombing
 1999 Columbine High School Massacre
• September 11, 2001
 Law enforcement must involve global
efforts.
All Rights Reserved
Frank Schmalleger
• Early 2000s
 Increase in corporate, white collar crime
• Current era
 Low and declining rates of traditional
crime
 Increasing technology-based crime

All Rights Reserved
Frank Schmalleger
The Theme of this Book
• Individual rights perspective

 Protect personal freedoms and civil
rights within the criminal justice process
• Public order perspective
 Under certain circumstances involving
criminal threats to public safety, the
interests of society should take
precedence over individual rights

All Rights Reserved
Frank Schmalleger
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
 Linked to notions of fairness and to
cultural beliefs about right and wrong

All Rights Reserved
Frank Schmalleger
• Civil justice
 One component of social justice
 Fairness in relationships between
citizens, government agencies, and
businesses in private matters

All Rights Reserved
Frank Schmalleger
• Criminal justice
 Aspects of social justice concerning
violations of the criminal law
 Truth in action within the process of the
administration of justice

All Rights Reserved
Frank Schmalleger
Models of Criminal Justice
• Consensus model
 Assumes CJS components work together
to achieve justice
 Systems cooperate; smooth movement
through system
 Criticized for implying more
organization, cooperation than actually
exists

All Rights Reserved
Frank Schmalleger
Models of Criminal Justice
• Conflict model
 Assumes goals of CJS components
conflict, leading to a criminal justice
"nonsystem"
 Justice is a product of conflict, not
cooperation.

All Rights Reserved
Frank Schmalleger
Components of the American CJS
• Police
 Enforce the laws
• Courts
 Conduct fair and impartial trials
• Corrections
 Carry out sentences imposed by the
courts

All Rights Reserved
Frank Schmalleger
Investigation and Arrest
• Investigation
 Start of modern justice process
• Arrest
 Act of taking person into custody
 May involve arrest warrant
 Miranda v. Arizona
• Miranda warnings must be given before
questioning.

All Rights Reserved
Frank Schmalleger
Investigation and Arrest
• Booking
 Administrative procedure following
arrest

All Rights Reserved
Frank Schmalleger
Pretrial Activities
• First appearance
 Opportunity for bail
• Preliminary hearing
 Establish probable cause
• Information or indictment
• Arraignment
 Enter a plea

All Rights Reserved
Frank Schmalleger
Adjudication
• Defendant has right to trial by jury (6th

Amendment).
 Does not cover petty offenses
 Most cases are dealt with through plea
bargaining, not trial.
• Trials governed by procedural law
• Defendant may waive right to jury trial
and be tried by a judge (bench trial).

All Rights Reserved
Frank Schmalleger
Sentencing
• After conviction, judge imposes

sentence (punishment).
 May involve supervised probation, fine,
prison term, or some combination
 Presentence report helps judge make
appropriate sentencing decision.
• Multiple convictions may result in
consecutive or concurrent sentences.
• Convictions may be appealed.
All Rights Reserved
Frank Schmalleger
Corrections
• Corrections stage begins after

sentencing.
• Offender sentenced to prison are
classified and assigned to confinement
facilities and treatment programs.
• Modern prisons still suffer from "lock
psychosis" and lack of significant
rehabilitation programs.

All Rights Reserved
Frank Schmalleger
Reentry
• Sentence may involve serving time in

the community.
 Probation
 Community-service activities
• Offenders sentenced to prison may be
freed on parole.
 Supervised by parole officer

All Rights Reserved
Frank Schmalleger
Due Process
• Due process = procedural fairness

 Required by U.S. Constitution
 Recognizes individual rights of criminal
defendants
 Violations may lead to dismissal of
evidence or criminal charges.
• Underlies Bill of Rights
 Specifically guaranteed by 5th, 6th, and
14th Amendments
All Rights Reserved
Frank Schmalleger
Role of Courts in Defining Rights
• Rights open to interpretation

• Modern rights would not exist in
practice if Supreme Court had not
recognized them in cases.
• Decisions rendered by Supreme Court
may carry as much weight as legislative
action.
 Judge-made law

All Rights Reserved
Frank Schmalleger
Crime Control through Due
Process
• Two main goals of criminal justice
represent two models of system
 Crime control model
• Values efficient arrest and conviction
 Due process model
• Emphasis on individual rights
• American system of justice must be
representative of crime control through
due process.
All Rights Reserved
Frank Schmalleger
Evidence-Based Practice in
Criminal Justice
• Criminal justice focusing on evidence-
based practices
 Crime-fighting strategies that have been
scientifically tested and are based on
social science research

All Rights Reserved
Frank Schmalleger
Start of Academic Criminal Justice
• 1920s
 August Vollmer began university-level
criminal justice courses.
 Early education was practice-oriented.
• 1960s-1970s
 Criminology introduced to criminal
justice education
 NIJ supports research in criminal justice
field.
All Rights Reserved
Frank Schmalleger
Multiculturalism and Diversity
• Multiculturalism
 Society with many different cultures,
each with its own norms values, and
behaviors
 American society is truly multicultural.
• Diversity
 Diversity characterizes both immigrant
and U.S.-born individuals.
 Multiculturalism is one form of diversity.

All Rights Reserved
Frank Schmalleger

An Introductory Text For The 21 Century: What Is Criminal Justice?

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

An Introductory Text For The 21 Century: What Is Criminal Justice?

Uploaded by

Copyright:

Available Formats

Criminal Justice Today

An Introductory Text for the 21st Century

Criminal Justice Today: An Introductory Text

• Crime control has long been a primary

continued on next slide

continued on next slide

Criminal Justice Today: An Introductory Text

• Individual rights perspective

Criminal Justice Today: An Introductory Text

continued on next slide

continued on next slide

Criminal Justice Today: An Introductory Text

continued on next slide

Criminal Justice Today: An Introductory Text

Criminal Justice Today: An Introductory Text

continued on next slide

Criminal Justice Today: An Introductory Text

Criminal Justice Today: An Introductory Text

• Defendant has right to trial by jury (6th

Criminal Justice Today: An Introductory Text

• After conviction, judge imposes

• Corrections stage begins after

Criminal Justice Today: An Introductory Text

• Sentence may involve serving time in

Criminal Justice Today: An Introductory Text

• Due process = procedural fairness

• Rights open to interpretation

Criminal Justice Today: An Introductory Text

Criminal Justice Today: An Introductory Text

Criminal Justice Today: An Introductory Text

You might also like