larry j. siegel joe morris northwestern state university cherly gary north central texas college...
TRANSCRIPT
Larry J. Siegel
Joe Morris • Northwestern State UniversityCherly Gary • North Central Texas College
Lisa Ann Zilney • Montclair State
www.cengage.com/cj/siegel
Chapter 1
Crime and Criminal Justice
Learning Objectives
• Define the concept of criminal justice.• Beware of the long history of crime in America.• Discuss the formation of the criminal justice system.• Name the three basic component agencies of
criminal justice.• Comprehend the size and scope of the
contemporary justice system.• Trace the formal criminal justice process.• Know what is meant by the term “criminal justice
assembly line.”• Discuss the “wedding cake” model of justice.• Be familiar with the various perspectives on justice.• Understand the ethical issues concerning ethics in
criminal justice.
The Criminal Justice System
• System of law enforcement, adjudication, and correction
• Directly involved in the apprehension, prosecution, and control of those charged with criminal offenses
The Criminal Justice System
Is Crime a Recent Development?
• Part of society for ages• Crime rate may actually have been much higher in
the 19th and 20th centuries
Crime at the Turn of the 20th Century
• 1900 – 1935 sustained increase in criminal activity• Criminal gangs formed before the Civil War in urban
slums, becoming the forerunners of modern day organized crime families
Developing the Criminal Justice System
• First police department - London Metropolitan Police 1829
• The Chicago Crime Commission - professional association which acted as a citizens’ advocate group
• The National Commission on Law Observance and Enforcement - created by President Hoover; helped usher in the era of treatment and rehabilitation
The Modern Era of Justice
• Began in the 1950’s with a series of research projects
• Focus was on the criminal justice process
Federal Involvement
• 1967 – President’s Commission on Law Enforcement and Administration of Justice• Practitioners, educators, and attorneys created a
comprehensive view of the CJ process and recommended reforms
The Contemporary CJS
• Social control • Formal social control• Informal social control
Components of the Criminal Justice System
The Criminal Justice System
• Costs federal, state, and local governments approximately $ 215 billion per year for civil and criminal justice• Has increased more than 300% since 1982
Adult Correctional Population
Direct expenditure by level of government, 1982-2004
$100
$80
$60
$40
$20
$01982 1993 2004
Bil
lio
ns
366%
480%
704%
Local
State
Federal
Percent change 1982-2004
Direct expenditure by criminal justice function, 1982-2006
$100
$80
$60
$40
$20
$01982 1990 1998 2006
Bil
lio
ns
420%
660%
503%
Police
Corrections
Judicial
Percent change 1982-2006
The Formal Criminal Justice Process
• Report of a crime• Initial contact of a
suspected offender • Investigation• Arrest• Custody• Charging• Preliminary
Hearing/Grand Jury• Arraignment
• Bail/Detention• Plea Bargaining• Trial/Adjudication• Sentencing/Disposition• Appeal/Post-conviction
remedies• Correctional treatment• Release• Post-release
Criminal Justice Assembly Line• Stages are decision points• Stages serve as checks and balances
The Criminal Justice Funnel
20adults
incarcerated
20adults
incarcerated
29sentenced
9placed on probation
27 plead guilty
2 found guilty
30 cases go
to trial
1acquitted
40 cases accepted for prosecution
10jump vail
or abscond
65 adults considered for
prosecution
35 juveniles go to juvenile
court
25cases dropped
30 put on probation or dismissed
100people arrested
500crimes reported
to police
400crimes unsolved
The Informal CJ Process
• Courtroom Work Group - prosecutor, defense attorney, judge, and others• Streamlines justice through extensive use of plea
bargaining and other alternatives
The “Wedding Cake” Model of Justice
ICelebrated cases
IISerious felonies
IVMisdemeanors
IIILess serious felonies
Perspectives on Justice
Crime control
Rehabilitation
Due process
Non-interventionist
Equal justice
Restorative justice
Crime Control Perspective
• Control of dangerous offenders and the protection of society
• Harsh punishments as a deterrent to crime• Purpose of the justice system is to deter crime
through the application of punishment• The more efficient the system, the greater its
effectiveness• The justice system is not equipped to treat people
but to investigate crimes, apprehend suspects, and punish the guilty
Rehabilitation Perspective
• Care for people who cannot manage themselves • It is better to treat than punish• Criminals are society’s victims• Helping others is part of the American culture
Due Process Perspective
• Focus on the defendant’s rights to prevent the wrongful conviction of an innocent person
• Need to preserve Constitutional rights and democratic ideals takes precedence over the need to punish the guilty
• Decisions must be carefully scrutinized to avoid errors
• Everyone must be treated equally and fairly
Nonintervention Perspective
• Justice system stigmatizes offenders• Stigma locks people into a criminal way of life• Decriminalize, divert, and deinstitutionalize
Equal Justice Perspective
• Equal justice to those who come before the law• Equal treatment for equal crimes• Structured justice, “just deserts”• Reduced and controlled use of discretion• Inconsistent treatment produces disrespect for the
system
Restorative Justice Perspective
• Peacemaking rather than punishment• Offenders should be reintegrated back into society• Coercive punishments are self-defeating• Justice system must become more humane
Perspectives in Perspective
• Crime Control and Justice Models have dominated• Rehabilitative efforts have not been abandoned
Ethics in Criminal Justice
• Justice personnel function in an environment where moral ambiguity is the norm
• Enormous power granted to criminal justice employees
• Ethics and law enforcement - officers have the authority to deprive people of their liberty
• Ethics and the courts - seek justice for all parties• Ethics and corrections - significant coercive
power over offenders