Chapter 1 - What Is Criminal Justice

Criminal Justice Today
An Introductory Text for the 21st Century

Sixteenth Edition
Chapter 1
What Is Criminal
Justice?
Copyright @ 2021, 2019, 2017, 2015 Pearson Education, Inc. All Rights Reserved
Introduction
• The American system of justice is a consensual system
that relies on public acceptance and cooperation to
function effectively
• Procedural fairness is a vital component of our
American justice system
• Procedural justice: the application of procedural
fairness to the criminal justice system
A Brief History of Crime in America (1 of 5)
• 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
• 1850–1880
– Crime epidemic due to immigration and Civil War
• Early twentieth century
– Widespread organized criminal activity associated
with Prohibition
• 1940s–1960s
– Crime rates remained stable after WWII
• 1960s–1970s
– Civil rights movement led to increased emphasis on
individual rights
– Dramatic increase in reported crime
A Brief History of Crime in America ( 4 of 5)
• 1980s
– War on Drugs and emergence of "crack“
– Eroding quality of life in large cities
• 1990s
– Public perception of increasing crime
– 1995 Oklahoma City bombing
– 1999 Columbine High School Massacre
• September 11, 2001
– Law enforcement must involve global efforts
• Early 2000s
– Increase in corporate, white-collar crime
• Current era
– Low and declining rates of traditional crime
– Increasing Internet-based crime
The Theme of this Book (1 of 2)
• 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
The Theme of this Book (2 of 2)
FIGURE 1-2 The Theme of This Book
Source: Pearson Education, Inc.

Criminal Justice and Basic Fairness (1 of 3)
• 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
• Civil justice
– One component of social justice
– Fairness in relationships between citizens,
government agencies, and businesses in private
matters
• Criminal justice
– Aspects of social justice concerning violations of the
criminal law
– Truth in action within the process of the
administration of justice
Models of Criminal Justice (1 of 3)
• Consensus model
 Assumes criminal justice system components work
together to achieve justice
 Systems cooperate; smooth movement through
system
 Criticized for implying more organization and
cooperation than actually exists
• Conflict model
– Assumes goals of criminal justice system
components conflict, leading to a criminal justice
"non-system"
– Views justice as a product of conflict, not
cooperation
• Both models are important
• Agencies of justice are linked closely enough that
the term system may be meaningfully applied
• However, the size of the criminal justice
undertaking makes effective cooperation between
agencies difficult
Figure 1-3: The Core Components of the American
Criminal Justice System and Their Functions
Investigation and Arrest
• Investigation
– Start of modern justice process
• Arrest
–Act of taking person into custody
–Miranda v. Arizona: Miranda warnings must be
given before questioning
• Booking
–Administrative procedure following arrest
Pretrial Activities
• First appearance
– Opportunity for bail
• Preliminary hearing
– Establish probable cause
• Information or indictment
• Arraignment
– Enter a plea
Adjudication
• 6th Amendment gives defendant the right to trial by jury
– 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)
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.
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.
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
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
• Supported by 4th, 5th, 6th, and 14th Amendments
Role of the 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
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
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
The 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
– National Institute of Justice (NIJ) supports
research in criminal justice field
Multiculturalism and Social Diversity in
Criminal Justice (1 of 2)
• Multiculturalism
– Society with many different cultures, each with its
own norms values, and behaviors
– American society is truly multicultural
• Social diversity
– Differences between individuals and groups in the
same society
Multiculturalism and Social Diversity in
Criminal Justice (2 of 2)
• Diversity characterizes both immigrant and
U.S.-born individuals
• Multiculturalism is one form of diversity
• Diversity significantly impacts the justice system
• Justice system employees must have a significant
level of cultural competence

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Criminal Justice Today

An Introductory Text for the 21st Century

Source: Pearson Education, Inc.

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