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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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!!
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
A Brief History of Crime in America: 1850–Present
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
A Brief History of Crime in America: 1850–Present
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
A Brief History of Crime in America: 1850–Present
What seems to be making headlines today… White collar crime and fraud (mortgages & Ponzi scemes) or murder sprees?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Core Components
FIGURE 1–2 The core components of the American criminal justice system and their functions.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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).
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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?”
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Preliminary Hearing/ Grand Jury
• The primary purpose: to establish whether sufficient evidence exists against a person to continue with the justice process.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Sentencing
• Judges traditionally have considerable discretion. Sentencing decisions influenced by: Sentencing hearing Victim impact statement PSI report (pre-sentence investigation)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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.”)
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Multiculturalism in the United States
U. S. population
• 71% white
• 12% Hispanic
• 12% African American
• 4% Asian and Pacific Island
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Multiculturalism and Diversity in Criminal Justice
• American society is multicultural.
• Diverse values, perspectives, and behaviors influence the justice system.
Is profiling illegal?
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Unit 2Unit 2
• Read chapters 2 and 4/PPT
• Quiz
• Discussion
• Take a Break
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]
Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger
Thank you!
Have a great week!
Rich Evans
AIM – RichEvansKU
651-295-3351
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