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Criminal Justice A Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
ELEVENTH EDITION
What is Criminal Justice?
1
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
A Brief History of Crime in America
• 1850-1880 § Civil War, widespread immigration,
crime epidemic • 1920-1933
§ Prohibition, organized crime • 1960-1970
§ The civil rights movement
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
A Brief History of Crime in America
• 1980s § Sale and use of illicit drugs, President
Reagan declared a "war on drugs • 1990s
§ "Get tough on crime" era • 2001
§ USA PATRIOT Act increases investigatory authority of federal, state, and local police agencies
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
A Brief History of Crime in America
• 2011 § FBI most-wanted terrorist Osama Bin
Laden killed by U.S. special operations forces in Pakistan
• 2012-2014 § Epidemic of mass shootings and random
violence sweeps public venues across the U.S.
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
FIGURE 1–2 The Theme of This Book Note: Balancing the concern for individual rights with the need for public order through the administration of criminal justice is the theme of this book.
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Individual Rights vs. Public Order Individual-Rights
Advocates • Seek to protect
personal freedoms within the process of criminal justice
Public-Order Advocates
• Believe that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Individual Rights vs. Public Order
• 1960s and 1970s § Known as the civil rights era § Strong emphasis on individual rights § Guarantee the rights of defendants and
attempt to understand the causes of crime and violence
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Individual Rights vs. Public Order
• Today, we have a shift away from the offender as victim and now see the offender as a dangerous social predator.
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Criminal Justice and Basic Fairness
• Justice § The principle of fairness; the ideal of
moral equity • Social justice
§ Linked to fundamental notions of fairness and to cultural beliefs about right and wrong
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Criminal Justice and Basic Fairness
• Civil justice § A component of social justice concerned
with fairness in relationships between citizens, government agencies, and businesses in private matters
• Criminal justice § The aspects of social justice that
concern violations of the criminal law
Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved
Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Criminal Justice System Structure
Consensus Model • Various parts of the
justice system work together to achieve the social product of justice
Conflict Model • Components of the
justice system function to serve their own interests; justice results from conflict rather than cooperation
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Investigation § Evidence collected, reconstruction of
criminal event • Warrant
§ Writ issued by judge directing officer to perform an act and protects officer from damages
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Arrest § Act of taking an adult or juvenile into
custody • Booking
§ Taking pictures, fingerprints, personal information from suspect
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• First Appearance § Formally notified of the charges, advised
of their rights, given the opportunity to retain a lawyer or have one appointed to represent them
• Preliminary Hearing § Occurs before a judicial officer; allows
the defense to assess the strength of the prosecution's case
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Information/ Indictment § A formal written accusation submitted to
a court by a prosecutor, alleging that the specified person(s) has committed (a) specified offense(s)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Arraignment § Hearing before the court having
jurisdiction in a criminal case in which: • The identity of the defendant is established • Said defendant is informed of the charges against him/her • The defendant is informed of his/her rights and requested to enter a plea
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Adjudication § Examination of the issues of fact and
law for the purpose of reaching a judgment of conviction or acquittal
• Sentencing § A number of difference sentencing
options exist, from fines to the death penalty
continued on next slide
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Stages of Case Processing
• Corrections § The sentence is carried out
• Reentry § Following corrections, an offender may
be returned to the community.
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Ultimate Goal: Crime Control through Due Process
• Crime-control model § Emphasizes the efficient arrest and
convictions of offenders • Due process model
§ Emphasizes individual rights at all stages of the justice system processing
• These are often assumed to be opposing goals.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved
Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Due Process and Individual Rights
• Due process § Right guaranteed by the Fifth, Sixth,
and Fourteenth Amendments of the U.S. Constitution
§ Bill of Rights § Standard was set in the 1960s by the
Warren Court.
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Role of the Courts in Defining Rights
• Rights are open to interpretation. • U.S. Supreme Court
§ Gideon v. Wainwright (1963) • Sixth Amendment guarantee of a right to counsel • Including court-appointed counsel for those unable to afford a lawyer
Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved
Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Ultimate Goal: Crime Control through Due Process
• Crime control through due process § A system of social control that is fair to
those it processes § Law enforcement infused with the
recognition of individual rights
Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved
Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Ultimate Goal: Crime Control through Due Process
• Social control § The use of sanctions and rewards within
a group to influence and shape the behavior of individual members of that group
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Evidence-Based Practice in Criminal Justice
• Refers to crime-fighting strategies that have been scientifically tested § Based on social science research § A major element in the increasing
professionalization of criminal justice § Strong demand for the application of
evidence-based practices throughout criminal justice
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Start of Academic Criminal Justice
• Began in the late 1920s • Early criminal justice education was
practice oriented. • Primarily focused on the application of
general management principles to the administration of police agencies
• Organizational effectiveness
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
The Start of Academic Criminal Justice
• By the 1960s, students began to apply the techniques of social science research. § Criminology § Sociology § Psychology § Political science
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Criminal Justice: A Brief Introduction, 11e Frank Schmalleger
Multiculturalism and Diversity in Criminal Justice
• Multiculturalism § The existence within one society of
diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society's legal and political systems