At the end of the course you should Know and be familiar with the basic factual and systematic information

on the problems of crime and the major institutions (1)police, (2)courts,

(3) corrections) and policies which seek to control crime;

Be able to use correctly and with ease basic concepts and terminology

which describe people, organizations and policies;

Be able to assess existing explanations why people and criminal justice

organizations do what they do;

Be able to assess and evaluate whether what is done in the name of

criminal justice (and ultimately the American public - you) is fair and

just as well as effective.

An introduction and overview of interesting topics you can sample - to arouse your interest

Later courses you can take will go into much greater depth and detail on topics: crime, law, police, courts, prisons, etc.

Criminal Justice: Studies the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with a criminal offense.

Criminology: Studies the etiology (origin), extent, and nature of crime in society.

A loosely organized collection of agencies charged with protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating criminal behavior.

The decision-making points from the initial report of a crime/victimization

to the police to decisions by the police, courts, and correctional personnel to the eventual release of the offender and her or his reentry into society.

Crime and violence have been common since the nation was first formed.

Post-Civil War expansion to the west gave rise to famous criminals such as John Wesley Hardin, Billy the Kidd, and Johnny Ringo as well as famous law men such as Wyatt Earp and Bat Masterson.

Crime rate may actually have been much higher in the 19th and 20th centuries than it is today.

1900 – 1935 we saw a sustained increase in criminal activity

Criminal gangs formed before the Civil War in urban slums became the forerunners of modern day organized crime families

Depression era outlaws

1829 – London Metropolitan Police created 1919 – Establishment of the Chicago Crime

Commission 1931 – National Commission on Law

Observance and Enforcement (Wickersham Commission) created by President Hoover

The Modern Era of Justice can be traced to a series of research projects beginning in 1950s by the American Bar Foundation◦ For the first time the term criminal justice system

began to be used◦ Focused on the criminal justice process◦ The “discovery” and analysis of the use of

discretion

1967 President’s Commission on Law Enforcement and Administration of Justice

1968 Safe Streets Acts provided funding for the Law Enforcement Assistance Administration (LEAA)

1979 National Institute of Law Enforcement and Criminal Justice renamed the National Institute of Justice (NIJ)

Social control – makes people behave in approved ways and sanction those who do not

Formal social control – what the government does; enforces laws and regulations

Informal social control – what people do; tends to enforce social norms of behavior

Over 5,000 public agencies employing over 2 million people serve as society’s instrument of social control

Three major components- (SIGNIFICANT POINTS)◦ 1. Law Enforcement (22,000 agencies or more)◦ 2. Courts (20,000 courts; 10,000 prosecutorial

agencies or more)◦ 3. Corrections (6,000 institutions; 3,500 probation

and parole departments or more)

How cases/offenders flow through the system and where they exit from the system

1.Report of a crime Or 1a.Initial contact of a suspected offender 2. Investigation 3. Arrest 4. Custody 5. Charging 6. Preliminary hearing/grand jury 7. Arraignment 8. Bail/detention

9. Plea bargaining 10. Trial/adjudication 11. Sentencing/disposition 12. Appeal/post-conviction remedies 13. Correctional treatment 14. Release 15. Post-release

Remember◦ 15 steps in the criminal justice system.

Starts with Law Enforcement Courts Corrections

Flowchart models: how are cases processed?Issues:◦Who are the people who make these decisions?

◦What is their job?◦Only a few cases go all the way through – the “funnel”

◦ There is no integrated system, but a set of institutions and people having different powers and authority: Structural fragmentation – different institutions Sequential specialization – different jobs Ideological disagreements – different perceptions of

what matters (people working in the system have perspectives)

Functional interconnections – people manage to work together An example: the courtroom workgroup

Courtroom Work Group◦ Prosecutor, defense attorney, judge, and others◦ Function to streamline the process of justice

through the extensive use of plea bargaining and other alternatives. We will have a court simulation with each of you will

be assuming the roles described above.

Cake model: variations in processing of cases◦The ideal (equal treatment) versus the

reality (unequal processing)◦Variations in how cases are dealt with by

seriousness of offense, nature of the accused, specifics of offense (stranger, weapons, injury)

◦A system of laws and of people

You all already have a perspective, whether you know it or not◦ Crime control, ◦ due process, ◦ rehabilitation, ◦ non-interventionist, ◦ justice, and restorative justice

6 perspectives from your book – which one is you?◦ Identify your perspective◦ What are those common perspectives that others

have in your group?◦ Select a spokes person

Perspectives incorporate personal views, values and ideological preferences on◦ What acts are crimes? Crime is a label.◦ What kind of people commit crimes?◦ What causes crimes? ◦ Strategies for dealing with crime and criminals:

prevent, deter, punish, incapacitate, rehabilitate, reintegrate, community involvement

◦ Theories and what works and what does not ◦ Balancing notions of social control with notions of

justice

Emphasizes the control of dangerous offenders and the protection of society. Its advocates call for harsh punishments as a deterrent to crime, such as the death penalty◦ 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

Primary purpose is to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavors◦ In the long run, it is better to treat than punish◦ Criminals are society’s victims◦ Helping others is part of the American culture

Primary focus in 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◦ Illegally seized evidence must be suppressed even if

the guilty go free◦ Legal counsel should be provided at every stage of

the process, regardless of cost, to prevent abuse

The justice system should limit its involvement with criminal defendants so as to avoid the inevitable harmful and long-term negative effects◦ The justice system stigmatizes offenders◦ Stigma locks people into a criminal way of life◦ Less is better. Decriminalize, divert, and

deinstitutionalize whenever possible

The greatest challenge for the system is to dispense fair and equal justice to those who come before the law◦ Equal treatment for equal crimes◦ Structured justice, “just deserts”◦ Reduced use of discretion◦ Inconsistent treatment produces disrespect for

the system

True purpose of the criminal justice system should be to promote a peaceful and just society by engaging in peacemaking rather than punishment◦ Offenders should be reintegrated back into

society◦ Coercive punishments are self-defeating◦ The justice system must become more humane

Principles and goals:◦Make good – restore, heal – what has been

broken and damaged: reestablish social harmony

◦Offender has to accept responsibility for actions

◦Involve all – offender, victims, officials agencies, community – in the decision-making and mediation process

◦Arrive at a consensual agreement for making good (restitution)

More than just another perspective: ◦ Changing the metaphor: make peace not war ◦ All the other perspectives think that crime control

requires fighting a war against crime and criminals

Sources for restorative justice ideas and practices:◦ Religious beliefs (e.g., Amish, pacifists}◦ Indigenous societies (e.g., Native Americans, First

nations (Canada))◦ Foreign examples (e.g., New Zealand)◦ The importance of informal social control◦ Reformers: disillusionment with current US

criminal justice practices and results

◦Vermont: Community Boards

◦Family Group Conferences

◦Navajo Peacemaker Court

Crime Control and Justice Models have dominated during the past decade

Rehabilitative efforts have not been abandoned

No single view is the right or correct one.

How do different perspectives explain why there is a drug problem?

What kind of people are drug producers, traffickers and consumers?

What should be done about producers, traffickers and consumers?

What does success look like?

AJ 750 Ethics◦ Offered this is a brief introduction to the subject

of ethics.

Requires members of the system to apply equal and fair justice

Difficult because criminal justice often functions in an environment where moral ambiguity or tensions among legitimate goals are the norm

Important because of the enormous power granted to criminal justice employees◦ Ethics in law enforcement◦ Ethics in the court process◦ Ethics in the corrections process◦ Ethics in studying criminal justice