Dr. Terry M. Mors, Ed.D.© 2010

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What is the definition of crime?

There are multiple definitions

But basically, it is … conduct that violates criminal law, for which there is no legally accepted justification or excuse.

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The theme for this course is:Individual rights vs. Public order

Individual Rights The desire to protect: freedoms and privileges of citizens respect rights of those facing criminal prosecution individual rights advocates seek to protect personal freedoms and civil rights

Public OrderRecognition that: society has a valid interest in preventing future crime, in public safety, and in reducing harm caused by crime public order advocates believe that interests of society should take precedence over individual rights

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The Basis for Policy

… the tension between individual rights and social responsibility forms the basis for most criminal justice policy-making activity.

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What is Justice?

… a powerful, yet elusive phrase

… principle of fairness, the ideal of moral equity…

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The American Criminal Justice System

Core components:

1.Law Enforcement2.Courts3.Corrections

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PoliceEnforce lawsInvestigate CrimesApprehend OffendersReduce and Prevent CrimeMaintain Public OrderEnsure Community SafetyProvide Emergency Services & Assist Other AgenciesProtect the Fundamental Rights and Freedoms of all Individuals

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Criminal Courts

Conduct Fair and Impartial TrialsDecide Criminal CasesEnsure Due ProcessDetermine Guilt or InnocenceImpose SentencesUphold the LawEnsure Fairness in the Trial ProcessProtect the Rights & Freedoms of Those Being

Processed Through the Criminal Justice System

Provides a Check and Balance of Power by Other Criminal Justice Agencies

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Corrections

Carry Out Sentences Imposed by the CourtsProvide Safe & Humane CustodySupervise offenders (Inmates)Protect the CommunityRehabilitate, Reform, and Reintegrate Convicted Offenders Back into the CommunityRespect the Legal and Humane Rights of

the Convicted

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Police Investigation & Arrest

Police become aware of a violation of law through either:

proactive law enforcement orreactive law enforcement

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Police Investigation & Arrest

The modern justice process begins with investigation.

Usually, police respond to calls about crimes that have been committed. Occasionally, police discover crimes in progress.Police gather evidence at the scene and try to reconstruct events.Arrests may occur at the scene or after an extensive investigation.

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Courts

The U.S. Courts carries out justice. They ensure that due process take place.

Judges, Prosecutors, Defense Attorneys, Bailiffs, Court Reporters, Juries, and Witnesses, are all a part of the courts.

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Due Process: Procedural Fairness

The entire justice process must be conducted fairly and with equity and according to due process standards.

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Due Process

Due process underlies the first10 amendments to the Constitution, collectively known as the Bill of Rights.

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Corrections

Once sentenced, the “corrections” phase begins.

Prisons, Jails, Community Corrections are all forms of corrections.

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Multiculturalism and Diversity in Criminal Justice

American society is multicultural.

Diverse values, perspectives, and behaviors influence the justice system.

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