Admin Of Justice Ch. 1

Front 1

Definition of Crime

Back 1

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

Front 2

Brief History 1

Back 2

1850–1880:
Crime epidemic and social upheaval caused by immigration

Prohibition years:
Widespread organized crime

1960s–1970s:
War protests
Civil Rights Era increased concern for rights of women and ethnic and racial minorities.
Court decisions and new legislation expanded rights and affected all areas of life.

Front 3

Brief History 2

Back 3

1970s–1980s:
FBI data indicate a considerable increase in murders, rapes, and assaults.
1980s:
Dramatic increase in sale and use of illicit drugs, drug smuggling, and gangs.
Americans demanded “law and order.”
“War on Drugs” declared.
1990s:
Violent encounters among citizens and law enforcement agents leads public to focus on police brutality and effective police management.
Americans believe crime is out of control.

Front 4

Brief History 3

Back 4

2000–Present:
-Emphasis on individual accountability, responsibility, and punishment of offenders
-Terrorism on American soil is of central concern
-USA PATRIOT ACT important tool in fight against terrorism
-Corporate and white-collar crime gain attention

Front 5

The Nature of Crime

Back 5

…is always evolving. Historical developments shape our legal system and our understanding of crime and justice.

Front 6

The Theme of This Book

Back 6

In contemporary American society, there is a need to:
- create balance between individual rights and public order

Front 7

Individual Rights

Back 7

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

Front 8

Public Order

Back 8

Recognition 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

Front 9

The Basis for Policy

Back 9

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

Front 10

What Is Justice?

Back 10

… a powerful, yet elusive phrase
… principle of fairness, the ideal of moral equity…

Front 11

Social Justice

Back 11

…embraces all aspects of civilized life and is linked to fundamental notions of fairness and cultural beliefs of right and wrong.

Front 12

Components of Social Justice

Back 12

Within social justice are:
Civil Justice
• deals with fairness in relationships between citizens, government agencies, and business in private matters

Criminal Justice
• concern for violations of the criminal law

Front 13

Justice Ideal

Back 13

…is the ultimate goal of criminal justice and of the daily practices and challenges that characterize the criminal justice system.

Front 14

American Criminal Justice: The System

Back 14

1. Law Enforcement
2. Courts
3. Corrections

Front 15

How Well do the Components of the Justice System Interact?

Back 15

Consensus Model
• Assumes cooperation among all components of the system toward a common goal
• The “systems” model

Conflict Model
• Assumes all components are self- serving and compete for limited resources
• The “non-system” model

Front 16

What These Models Tell Us?

Back 16

Together, the consensus and conflict models tell us:
-The agencies of justice are linked closely enough to be called a “system.”
-The magnitude of the criminal justice undertaking makes it difficult for the components to effectively cooperate.

Front 17

Police: Investigation and Arrest 1

Back 17

Police become aware of a violation of law through either:
proactive law enforcement
or
reactive law enforcement

Front 18

Police: Investigation and Arrest 2

Back 18

-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

Front 19

What Level of Proof Is Needed for an Arrest?

Back 19

-Arrests are based on probable cause.
-Probable cause forms the basis for warrants.

Front 20

What Is Probable Cause?

Back 20

…a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime.

Front 21

What Is a Warrant?

Back 21

…a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it.

Front 22

What Is an Arrest?

Back 22

…the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense…
or
…a delinquent act or status offense terminating with the recording of a specific offense.

Front 23

Miranda v. Arizona (1966)

Back 23

…held that police must notify suspects of their rights prior to custodial interrogation.
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to talk to an attorney and have him/her present while you are being questioned.
4. If you cannot afford a lawyer, one will be appointed for you before questioning.
5. If you decide to answer questions now, you may stop at any time.
6. Do you wish to talk or not?
7. Do you want a lawyer?

Front 24

Booking

Back 24

An administrative process officially recording an entry into detention after arrest.
• The accused’s personal information, details of arrest, and name of arresting authority are entered into the police log.
• Fingerprints and photos are taken.
• Suspect is informed of his/her rights.

Front 25

First Appearance

Back 25

• Within hours of the arrest
• Suspect is informed of charges and advised of his/her rights.
• An attorney is appointed if the accused is indigent.
• An opportunity for bail may be provided.

Front 26

Pre-trial Release

Back 26

• Pre-trial release is afforded to most defendants through:
o Release on recognizance
o Bail bond
• Those not released will await case disposition in jail.

Front 27

Preliminary Examination

Back 27

The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process.
Forms: preliminary hearing or a grand jury review.

Front 28

Preliminary Hearing

Back 28

At a hearing with both the prosecution and the defense, a judge must decide if there is probable cause to believe that:
1. A crime was committed.
2. The defendant committed it.

Front 29

Grand Jury

Back 29

A grand jury hears evidence from the prosecutor and decides whether a case should go to trial. It also determines if there is probable cause to believe that:
1. A crime was committed.
2. The defendant committed it.

Front 30

Preliminary Hearing/Grand Jury may result in…

Back 30

Information
• Based on outcome of preliminary hearing
• Formal written accusation filed by prosecutor and outlining the charges against the accused

Indictment
• Required in some states
• Issued by grand jury

Front 31

Arraignment

Back 31

• Before a court having jurisdiction in a criminal case
• The defendant is informed of the charge(s) and of his/her rights.
• The defendant is required to enter a plea.

Front 32

Types of Pleas

Back 32

1. Guilty
2. Not Guilty
3. No Contest
a. If the plea is “not guilty,” then a trial date is set.
b. If the defendant “stands mute,” then “not guilty” is entered.
c. If the plea is guilty or no contest and if the judge accepts the plea, then it moves to the sentencing phase.

Front 33

Adjudication: Jury Trial

Back 33

The 6th Amendment guarantees criminal defendants the right to a trial by jury.
• Doesn’t include those charged with petty offenses.
• Some states allow defendants to waive jury trial and opt for a bench trial.

Front 34

Trial

Back 34

• An examination of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s).
• Trials are governed by procedural law and precedent.
• The state must prove “beyond a reasonable doubt” that the defendant committed the crime.

Front 35

Plea-Bargaining

Back 35

Most cases will not result in a trial. Instead, they will be handled through plea-bargaining.

Front 36

Sentencing

Back 36

Judges traditionally have considerable discretion. Sentencing decisions are influenced by:
• Sentencing hearing
• Victim impact statement
• PSI report

Sentences on multiple charges can be served:
- consecutively–one after another
- concurrently–served at the same time

Front 37

Corrections

Back 37

Once sentenced, the “corrections” phase begins.

Front 38

Due Process: Procedural Fairness

Back 38

The entire justice process must be conducted fairly and with equity and according to due process standards.
Due process underlies the first 10 amendments to the Constitution, collectively known as the Bill of Rights

Front 39

Interpreting the Constitution: The Role of the Courts

Back 39

• Interprets the Constitution as it applies to the cases before them.
• Precedent setting decisions become “the law of the land

Front 40

Administering Justice

Back 40

Due Process Model
• Obstacle course justice
• Focus on individual rights

Crime Control Model
• Assembly line justice
• Focus on system efficiency

Front 41

The Ultimate Goal of the American Criminal Justice System

Back 41

Crime control through due process

Front 42

The Role of Criminal Justice Research

Back 42

…increasing professionalism of criminal justice.

Front 43

Multiculturalism and Diversity in Criminal Justice

Back 43

• American society is multicultural.
• Diverse values, perspectives, and behaviors influence the justice system.