Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]...

Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]

Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger

CJ101 Unit 1CJ101 Unit 1

• Welcome to CJ101, Week 1.

• At this point, you are partway through your first week and that much closer to your degree



Online learning and KUOnline learning and KU

• KU stands for Kaplan University

• Each class is 10 weeks long

• Each week is called a Unit

• Each Unit has several graded items – check grade book and syllabus!!



When does the week start and end?When does the week start and end?

• Each Unit/week starts on a Wednesday and ends on the following Tuesday at midnight

• Try to start your reading and discussions early – discussions depend on your input.



Unit Reading AssignmentsUnit Reading Assignments

• Reading – each Unit has a Reading link – tells you which chapter(s) to read

• Electronic chapter and PPT

• Read both

• If the link does not work, everything is loaded in the doc sharing section



Discussion QuestionsDiscussion Questions

• Must give a 100-150 word answer – just try to write a paragraph or so to state your answer and support it.

• Must reply to at least 1 other student – quality reply.

• Discussion threads are graded for content, spelling and grammar.

• Always make sure your replies to other students provide quality feedback in a respectful manner. (50-75 words – a few sentences will do)



Quizzes/AssignmentsQuizzes/Assignments

• Many Units will have a Quiz and/or multiple choice assignment

• You can always retake a quiz to get a better grade. The 2 assignments can only be taken once, but you have 12 hours to complete them.

• The system will not give you the correct answers on quizzes but they will with the 2 assignments.

• My goal is to have you retain the material.



SeminarsSeminars

• No seminars during Units 5 or 10

• Alternate seminar paper – 2-3 page summary of what we covered (instructions are in the Syllabus or under the unit seminar tab).

• Alternate paper must be sent to me as an email word doc attachment within one week after seminar.



Late WorkLate Work

• Late assignments are marked down 5% for each week an assignment is late (unless you contact me about the situation prior to the due date).

• Unit assignments are due by midnight on Tuesdays

• If you are having problems with an assignment or have extenuating circumstances that will prevent you from completing an assignment, please contact me ASAP.



Grades and Course Grades and Course AnnouncementsAnnouncements

• Always check your grade book and click on each individual grade to read my comments.

• Grade are posted by midnight on Sundays.

• Always check/read the Course Announcements and your email.



Contact me with any questions!Contact me with any questions!

• Dive in and let me know if you have any problems!

• [email protected] I will respond within 24 hours

• AIM – RichEvansKU

• Office hours – Mondays 5-7pm eastern (seminar is at 7pm eastern)

• Phone (651) 295-3351- I work overnights so my response to a call might be delayed (call and leave a message).

What is Criminal Justice?

Chapter 1





A Brief History of Crime in America: 1850–Present

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

immigration and the Civil War

Prohibition years:• Widespread organized crime (Al Capone)

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



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• 1991 Rodney King• 1995 Oklahoma Federal Building• 1999 Columbine Massacre




March 3rd, 1991- Rodney King

• 8 mile pursuit with CHiPs, 2 passengers complied, King did not. Failure to comply with verbal direction led to Taser use, empty hand attempts, and finally, baton strikes.

• Excessive baton strikes caught on video.

• 1992 acquittal of all 4 LAPD Officers sparked LA Riots

• 2 were later sentenced in

federal court.

• New look at professionalism in

Police departments across the US.



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


What seems to be making headlines today… White collar crime and fraud (mortgages & Ponzi scemes) or murder sprees?



Events after 2000

• 9/11/2001 – Patriot act, tight security, threats overseas affect civil rights.

• Katrina, 2005 “a city of despair and lawlessness.”

• As the winds relented, looters ravaged stores, gunshots rang out, and armed gangs could be seen roaming the streets that hadn’t been flooded

• “You have to understand,” said Juan Lopez, one of the officers who took refuge in the precinct house, “New Orleans was a violent place before the hurricane. After the hurricane, the city just let loose.”

• The Katrina disaster, which created opportunities for those bent on criminal activity, illustrated the tenuous nature of social order.

• Katrina demonstrated the fragile balance between law and order and crime.• What does Katrina show us about the nature of people?



Individual Rights and Public Order: The Struggle for Balance

FIGURE 1–1 The theme of this book. Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.

What about big brother? Chicago camera system?



Individual Rights and Public Order Advocates

Individual Rights Advocates

• seek to protect personal freedoms within the process of criminal justice.

Public Order Advocates

• suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

Where are we today? (poll)1) right where we need to be 2) leaning to Public Order 3) leaning to Individual Rights



What is Justice?

A popular dictionary definition

• “The principle of moral rightness, or conformity to truth”

• Is truth absolute or does it change with demographics? (poll)



Social Justice

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

• Civil Justice– Deals with fairness in relationships between citizens,

government agencies, and business in private matters.

• Criminal Justice– Refers to the aspects of social justice involving

violations of the criminal law, protection of the innocent, fair treatment of offenders, and fair play by the criminal justice system.



How well do the components of the justice system interact?

• 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

When it comes to money and resources, do the 3 components cooperate or compete?



Core Components

FIGURE 1–2 The core components of the American criminal justice system and their functions.



Police: Investigation and Arrest

• The modern justice process begins with investigation.• After a crime has been discovered, police

gather evidence at the scene, if possible.

• Follow-up investigations attempt to reconstruct the sequence of events.

• Some offenders are arrested at the crime scene; most are apprehended later, with an arrest warrant (or with probable cause).



What is a warrant?

• …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.

• Good faith, protection from litigation for legal actions taken to ensure arrest or search.



Miranda v. Arizona (1966)

• …held that police must notify suspects of their rights prior to custodial interrogation.

• Standard – “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?”

• Additionally added due to Vienna Convention: “Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?”



Miranda Warnings

• You have the right to remain silent.• Anything you say can and will be used

against you in a court of law.• You have the right to talk to an attorney and

have him/her present while you are being questioned.

• If you cannot afford a lawyer, one will be appointed for you before questioning.

• If you decide to answer questions now, you may stop at any time.

• Do you wish to talk or not?• Do you want a lawyer?



Booking

• 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 informed of rights.



First Appearance

• Within hours of the arrest. (depending on jurisdiction, 36 and 48 hour rules apply)

• Suspect informed of charges and advised of his/her rights by judge.

• An attorney is appointed if the accused is indigent.

• An opportunity for bail may be provided.



Pre-trial Release

• Pre-trial release is afforded to most defendants through: • Release on recognizance • Bail bond

• Those not released will await case disposition in jail.

• Most people are granted pre-trial release.



Preliminary Hearing/ Grand Jury

• The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process.



Preliminary Hearing

• A proceeding before a judicial officer in which three matters are decided:

– Whether a crime was committed. – Whether the crime occurred within the

territorial jurisdiction of the court.– Whether there is probable cause to believe that

the defendant committed the crime.



Preliminary Hearing/Grand Jury may result in…

• 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

In MN, grand juries are only used in the most serious cases such as homicide, etc. Normal felony cases are established with formal charges filed with the court.



Arraignment

• 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



Types of Pleas

1. Guilty2. Not guilty3. No contest (nolo contendere)• If the plea is “not guilty,” then a trial

date is set.• If the defendant “stands mute,” then

“not guilty” is entered.• If the plea is guilty or no contest and if

the judge accepts the plea, then it moves to sentencing phase.



Adjudication: Jury Trial

• The 6th Amendment guarantees criminal defendants the right to a trial by jury.• Doesn’t include those charged with petty

offenses.

• Blanton v. City of North Las Vegas (1989) (DUI – Bench trial upheld by US Supreme Court as there is no right to jury trial in 6th amendment for petty crimes)

• Some states allow defendants to waive jury trial

and opt for a bench trial. (MN does-court trial)



Trial

• 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.

• Trials may be jury trials or bench trials.



Sentencing

• Judges traditionally have considerable discretion. Sentencing decisions influenced by: Sentencing hearing Victim impact statement PSI report (pre-sentence investigation)



Corrections

• Once sentenced, the “corrections” phase begins.– Not everyone will be sent to prison. – Community corrections, like

probation, are common.

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



Due Process and Individual Rights

• The U. S. Constitution requires that the entire justice process must be conducted fairly and with equity and according to due process standards.



Due Process: Procedural Fairness

• …asserts that fundamental principles of justice must be guaranteed in any criminal proceeding, and that the administration of the law in a criminal case must not violate individual rights.



Due Process and the Bill of Rights

• Due process underlies the first 10 amendments to the Constitution, collectively known as the Bill of Rights.

• It is specifically guaranteed by the Fifth, Sixth, and Fourteenth Amendments

Does our Due Process Constitutional Rights apply to terrorists? (poll)



Bill of Rights Guarantees:

• A right to be assumed innocent until proven guilty• A right against unreasonable searches of person and place of residence• A right against arrest without probable cause• A right against unreasonable seizure of personal property• A right against self-incrimination• A right to fair questioning by the police• A right to protection from physical harm throughout the justice process• A right to an attorney• A right to trial by jury• A right to know the charges• A right to cross-examine prosecution witnesses• A right to speak and present witnesses• A right not to be tried twice for the same crime• A right against cruel or unusual punishment• A right to due process• A right to a speedy trial• A right against excessive bail• A right against excessive fines• A right to be treated the same as others, regardless of race, sex, religious preference, and other• personal attributes



Interpreting the Constitution: The Role of the Courts

• The U.S. Supreme Court• Interprets the Constitution as it applies to the

cases before them.• The due process standard was set in the 1960s

by the Warren Court• Remembered for its concern with

protecting the innocent against the power of the state



The Ultimate Goal of the American Criminal Justice System

• Crime control through due process.

• A system of social control that is fair to those whom it processes

Laws are created based on societal norms and values and due process extends the accused a chance to be evaluated fairly prior to being convicted.



Evidence-Based Practice in Criminal Justice

• The study of criminal justice as an academic discipline began in the late 1920s…

• …Practice oriented• By the 1960s students began to apply

the techniques of social science research

• Increased professionalization of criminal justice



Evidence-Based Practice in Criminal Justice

• Refers to crime-fighting strategies that have been scientifically tested and are based on social science research

• National Criminal Justice Commission Act of 2009 (draft version) – (proposed study of national criminal justice system to “institute the use of policies and practices proven effective throughout the spectrum of criminal behavior.”)



Multiculturalism in the United States

U. S. population

• 71% white

• 12% Hispanic

• 12% African American

• 4% Asian and Pacific Island



Multiculturalism and Diversity in Criminal Justice

• American society is multicultural.

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

Is profiling illegal?



Finishing Unit 1-Finishing Unit 1-

• Read Chapter 1/PPT

• Take the quiz

• Introduce yourself

• Answer the discussion question/ respond to at least one other student.

• Unit 1 Assignment – Multiple Choice

• Take a Break



Unit 2Unit 2

• Read chapters 2 and 4/PPT

• Quiz

• Discussion

• Take a Break



Thank you!

Have a great week!

Rich Evans

[email protected]

AIM – RichEvansKU

651-295-3351

Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]...

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Transcript of Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]...