What is Criminal Justice?

Crime & Justice In the Crime & Justice In the United StatesUnited States

Chapter OneChapter One

Introduction to Criminal Justice, Introduction to Criminal Justice, Bohm & HaleyBohm & Haley

ArticleArticleCriminal Justice Logjam Criminal Justice Logjam

• •As Budgets Shrink, Cities See an Impact on Criminal JusticeAs Budgets Shrink, Cities See an Impact on Criminal Justice (Jun 7, 2003) • (Jun 7, 2003) •Criminal Justice FailureCriminal Justice Failure (Aug 6, 2002) •Britain Plans Criminal Justice Changes to (Aug 6, 2002) •Britain Plans Criminal Justice Changes to Favor the Victims (Jul 18, 2002) Find more related articles by selecting from Favor the Victims (Jul 18, 2002) Find more related articles by selecting from the following topics:   Criminology  Social Sciences  Track a subject by e-mail the following topics:   Criminology  Social Sciences  Track a subject by e-mail

o the Editor: o the Editor: It is disconcerting that the number of Americans under control of the criminal It is disconcerting that the number of Americans under control of the criminal

justice system - in prison, on probation or on parole - has risen once again, this justice system - in prison, on probation or on parole - has risen once again, this year approaching nearly seven million ("U.S. 'Correctional Population' Hits New year approaching nearly seven million ("U.S. 'Correctional Population' Hits New High," news article, July 26). High," news article, July 26).

Taxpayers spend more than $50 billion a year to incarcerate more than two million Taxpayers spend more than $50 billion a year to incarcerate more than two million people, making America the world's No. 1 jailer. Yet the Bureau of Justice people, making America the world's No. 1 jailer. Yet the Bureau of Justice Statistics shows that two-thirds of inmates are back behind bars within three Statistics shows that two-thirds of inmates are back behind bars within three years of release. years of release.

A better approach would be to lock up fewer people for shorter periods of time and A better approach would be to lock up fewer people for shorter periods of time and use the cost savings to bolster academic, vocational and substance abuse use the cost savings to bolster academic, vocational and substance abuse programs behind bars. That way, ex-offenders will have the tools they need to programs behind bars. That way, ex-offenders will have the tools they need to lead law-abiding lives on the outside. lead law-abiding lives on the outside.

Jennifer R. Wynn Jennifer R. Wynn Adjunct Professor Adjunct Professor John Jay College of Criminal Justice John Jay College of Criminal Justice Brooklyn, July 26, 2004Brooklyn, July 26, 2004

ObjectivesObjectives1.1. Identify institutions of social control and Identify institutions of social control and

explain what makes criminal justice an explain what makes criminal justice an institution of social control.institution of social control.

2.2. Summarize how the criminal justice system Summarize how the criminal justice system responds to crime.responds to crime.

3.3. Explain why criminal justice in the United Explain why criminal justice in the United States is sometimes considered a States is sometimes considered a nonsystem.nonsystem.

4.4. Point out the major differences between Point out the major differences between Packer’s crime control and due process Packer’s crime control and due process models.models.

ObjectivesObjectives5.5. Describe the costs of criminal justice Describe the costs of criminal justice

in the United States and compare in the United States and compare those costs among federal, state, those costs among federal, state, and local governments.and local governments.

6.6. Explain how myths about crime and Explain how myths about crime and criminal justice affect the criminal criminal justice affect the criminal justicejustice system.system.

7.7. Describe how the type of crime Describe how the type of crime presented by the media compares presented by the media compares with crime routinely committed.with crime routinely committed.

Institutions of Social ControlInstitutions of Social Control An institution of social control is: An institution of social control is:

An organization that persuades people, An organization that persuades people, through subtle and not-so-subtle through subtle and not-so-subtle means to abide by the dominant means to abide by the dominant values of society. P.8values of society. P.8

Institutions of Social ControlInstitutions of Social Control Examples: Examples:

Organized ReligionOrganized Religion

LawsLaws SchoolsSchools

FamilyFamily News News

Institutions of Social ControlInstitutions of Social Control Criminal Justice System is an Criminal Justice System is an

institution of social control, but differs institution of social control, but differs from others in two important ways: from others in two important ways:

1.1. Concerned only with behavior defined as Concerned only with behavior defined as criminal (limited behaviors),criminal (limited behaviors),

2.2. It is It is “society’s last line of defense”“society’s last line of defense” against people who refuse to abide by against people who refuse to abide by dominant social values. Society turns to dominant social values. Society turns to criminal justice “when all else fails”.criminal justice “when all else fails”.

Criminal Justice: The SystemCriminal Justice: The System Criminal justice in the US is Criminal justice in the US is

administered by a loose confederation administered by a loose confederation of more than 50,000 agencies, federal, of more than 50,000 agencies, federal, state and local governments. state and local governments.

This confederation is referred to as the This confederation is referred to as the “criminal justice system”“criminal justice system”

p. 8p. 8

Criminal Justice SystemCriminal Justice System

Police Courts

Criminal Justice: The SystemCriminal Justice: The System Jurisdiction: Jurisdiction:

A politically defined geographical area A politically defined geographical area (where the specific CJS entity has (where the specific CJS entity has authority)authority)

Criminal Justice: The SystemCriminal Justice: The SystemAn OverviewAn Overview

WARNING: The following is a brief WARNING: The following is a brief overview of a typical criminal justice overview of a typical criminal justice system. (It is often more complicated system. (It is often more complicated than what is described in the text)than what is described in the text)

More detailed information will be More detailed information will be covered later in the course.covered later in the course.

Refer to Figure 1.1 in your text, pp. Refer to Figure 1.1 in your text, pp. 10-1110-11

Police Receive a Police Receive a criminal Reportcriminal Report

Arrest is made, Arrest is made, booking, then booking, then warrant, (initial warrant, (initial appearance)appearance)

Moves Quickly

GA- Juvenile Services Take Over

M

isdemeanor

No arraignm

entU

nless jailedSU

MM

ARYTRIAL p.9

Synopsis of CJSSynopsis of CJS Officer investigates then makes an Officer investigates then makes an

ARREST. ARREST. Offender becomes a DEFENDANT, Offender becomes a DEFENDANT,

then a BOOKING report (GA, A&B), is then a BOOKING report (GA, A&B), is completed listing charges and any completed listing charges and any personal property, etc.personal property, etc.

Prosecutor then reviews the facts Prosecutor then reviews the facts and decides whether to charge, or and decides whether to charge, or pursue prosecution, then completes pursue prosecution, then completes a charging document.a charging document.

Charging DocumentCharging Document Four (three) types: Four (three) types: A complaint – a document specifying that

an offense has been committed. Arrest Warrant – another form of charging

document often obtained by officers/investigators.

An information – a document that outlines the formal charge against a suspect.

A grand jury indictment – a written accusation by a grand jury that a person has committed a crime.

Offense LevelOffense Level Misdemeanor – (includes ordinance Misdemeanor – (includes ordinance

violations) violations) less serious crime generally less serious crime generally punishable by a fine or by incarceration punishable by a fine or by incarceration in jail for not more than 1 year. in jail for not more than 1 year.

Felony – (does not include ordinance Felony – (does not include ordinance violations) violations) serious offense punishable serious offense punishable by confinement in prison for more than by confinement in prison for more than 1 year or by death. (May include fines)1 year or by death. (May include fines)

Pretrial StagesPretrial Stages After charges have been filed, the After charges have been filed, the

defendantdefendant is brought before a judge is brought before a judge to to hear the formal charges against hear the formal charges against them and to hear their constitutional them and to hear their constitutional rights. This is anrights. This is an initial appearance.initial appearance.

Often, in several states, the defendant Often, in several states, the defendant can enter a plea of guilty or not guilty can enter a plea of guilty or not guilty at this stage. (Georgia)at this stage. (Georgia)

Pretrial StagesPretrial Stages In misdemeanor cases, the defendant will go to trial, In misdemeanor cases, the defendant will go to trial,

or or summary trialsummary trial, (ordinance violations, traffic, etc.). , (ordinance violations, traffic, etc.). In the case of a felony, a hearing is held to determine In the case of a felony, a hearing is held to determine

whether the defendant should be released or whether whether the defendant should be released or whether there is there is probable causeprobable cause to hold the defendant for a to hold the defendant for a preliminary hearing. preliminary hearing. Probable causeProbable cause is: is:

A standard of proof that requires evidence A standard of proof that requires evidence sufficient to makesufficient to make

a reasonable person believe that, more likely a reasonable person believe that, more likely than not, thethan not, the

proposed action is justified.proposed action is justified.

Pretrial StagesPretrial Stages If defendant is to be held, judge finds If defendant is to be held, judge finds

sufficient sufficient probable cause probable cause (evidence), (evidence), then the judge may set then the judge may set bail (bond). bail (bond).

Bail is usually a monetary guarantee deposited with the court to ensure that suspects or defendants will appear at a

later stage in the criminal justiceprocess.

Pretrial StagesPretrial Stages A primary purpose of the A primary purpose of the grand jurygrand jury is to is to

determine whether there is probable cause to determine whether there is probable cause to believe that the accused committed the crime believe that the accused committed the crime with which the prosecutor has charged him/her with which the prosecutor has charged him/her with. A with. A grand jurygrand jury is: is:

A group of citizens who meet in closed sessions for

a specified period to investigate charges comingfrom preliminary hearings and to fulfill

other responsibilities.Defendant does not appear at Grand Jury hearings.

Pretrial StagesPretrial Stages Defendants are then go to Defendants are then go to arraignmentarraignment

where they are allowed to plea. where they are allowed to plea. At this stage, a majority of cases are At this stage, a majority of cases are

handled through an arrangement called handled through an arrangement called plea bargaining. plea bargaining. P.13P.13

The practice whereby a specific sentence is The practice whereby a specific sentence is imposed if the accused pleads guilty to an imposed if the accused pleads guilty to an agreed-upon charge or charges instead of agreed-upon charge or charges instead of going to trial.going to trial.

Pretrial StagesPretrial Stages– 10 percent of criminal 10 percent of criminal

cases go to trial. cases go to trial. – 5 percent of criminal 5 percent of criminal

cases are decided in a cases are decided in a bench trialbench trial..

– 5 percent of criminal 5 percent of criminal cases are decided in a cases are decided in a jury trial.jury trial.

– 90 percent of cases are 90 percent of cases are disposed of through disposed of through plea bargaining.plea bargaining.

Trial StageTrial Stage

If found NOT GUILTY, defendant is If found NOT GUILTY, defendant is released. If found guilty, they are released. If found guilty, they are sentenced by a judge, and in some sentenced by a judge, and in some cases by the jury.cases by the jury.

CorrectionsCorrections There 5 types of punishment used in There 5 types of punishment used in

the US: the US: – Fines, Fines, – Probation, Probation, – Intermediate punishments,Intermediate punishments,– Imprisonment, Imprisonment, – DeathDeath

CorrectionsCorrections Parole –Parole – defendant may be eligible defendant may be eligible

after serving a portion of their after serving a portion of their sentence. Parole is: sentence. Parole is:

The conditional release of The conditional release of prisoners before they have prisoners before they have served their full sentences.served their full sentences.

Criminal Justice: The Non-Criminal Justice: The Non-SystemSystem

Non-System because: Non-System because:

1.1. Criminal Justice system is a loose Criminal Justice system is a loose confederation of many confederation of many independentindependent agencies.agencies.

I.e.I.e. municipal courts, state courts, municipal courts, state courts, federal courts; local, state, federal federal courts; local, state, federal law enforcement; law enforcement;

Criminal Justice: The Non-Criminal Justice: The Non-SystemSystem

2.2. As a As a “smoothly operating set of “smoothly operating set of arrangements and institutions directed arrangements and institutions directed toward the achievement of common toward the achievement of common goals”, goals”, criminal justice system is NOT. criminal justice system is NOT.

Often there are competing goals, Often there are competing goals, objectives, overlaps in jurisdiction, objectives, overlaps in jurisdiction, politically directed emphasis, i.e. drunk politically directed emphasis, i.e. drunk driving.driving.

Packer’s Two Models of Packer’s Two Models of Criminal JusticeCriminal Justice

Two Models of Criminal Two Models of Criminal JusticeJustice

Due Process Model p.18 – Due Process Model p.18 – “Obstacle “Obstacle Justice”Justice”– Doctrine of legal guilt – not guilty unless Doctrine of legal guilt – not guilty unless

factual guilt is determined in a factual guilt is determined in a procedurally regular fashion. (Tends to procedurally regular fashion. (Tends to Protect suspects)Protect suspects)

– Attempts to overcome issues of Attempts to overcome issues of intelligence of suspect, financial intelligence of suspect, financial resources for representation.resources for representation.

Two Models of Criminal Two Models of Criminal JusticeJustice

Crime Control Model p.17 – Crime Control Model p.17 – “assembly-line justice” “assembly-line justice” controlling controlling criminal behavior is the most criminal behavior is the most important function of criminal justice.important function of criminal justice.– Efficient process resulting in quick Efficient process resulting in quick

closure,closure,– ““Presumption of guilt”Presumption of guilt”

Due Process vs. Crime Due Process vs. Crime ControlControl

Since the mid-1970s the crime control Since the mid-1970s the crime control model has dominated the practice of model has dominated the practice of criminal and juvenile justice in the criminal and juvenile justice in the United States.United States.

But elements of the due process model But elements of the due process model remain evident in the process of remain evident in the process of justice. justice.

How long this present trend will How long this present trend will continue is anybody’s guess.continue is anybody’s guess.

CJS Models: Know the CJS Models: Know the Difference?Difference?

Criminal Justice Logjam Criminal Justice Logjam •As Budgets Shrink, Cities See an Impact on Criminal Justice (Jun 7, 2003) •As Budgets Shrink, Cities See an Impact on Criminal Justice (Jun 7, 2003) •Criminal Justice Failure (Aug 6, 2002) •Britain Plans Criminal Justice Changes to •Criminal Justice Failure (Aug 6, 2002) •Britain Plans Criminal Justice Changes to Favor the Victims (Jul 18, 2002) Find more related articles by selecting from Favor the Victims (Jul 18, 2002) Find more related articles by selecting from the following topics:   Criminology  Social Sciences  Track a subject by e-mail the following topics:   Criminology  Social Sciences  Track a subject by e-mail

o the Editor: o the Editor: It is disconcerting that the number of Americans under control of the criminal justice It is disconcerting that the number of Americans under control of the criminal justice

system - in prison, on probation or on parole - has risen once again, this year system - in prison, on probation or on parole - has risen once again, this year approaching nearly seven million ("U.S. 'Correctional Population' Hits New High," approaching nearly seven million ("U.S. 'Correctional Population' Hits New High," news article, July 26). news article, July 26).

Taxpayers spend more than $50 billion a year to incarcerate more than two million Taxpayers spend more than $50 billion a year to incarcerate more than two million people, making America the world's No. 1 jailer. Yet the Bureau of Justice people, making America the world's No. 1 jailer. Yet the Bureau of Justice Statistics shows that two-thirds of inmates are back behind bars within three Statistics shows that two-thirds of inmates are back behind bars within three years of release. years of release.

A better approach would be to lock up fewer people for shorter periods of time and A better approach would be to lock up fewer people for shorter periods of time and use the cost savings to bolster academic, vocational and substance abuse use the cost savings to bolster academic, vocational and substance abuse programs behind bars. That way, ex-offenders will have the tools they need to programs behind bars. That way, ex-offenders will have the tools they need to lead law-abiding lives on the outside. lead law-abiding lives on the outside.

Jennifer R. Wynn Jennifer R. Wynn Adjunct Professor Adjunct Professor John Jay College of Criminal Justice John Jay College of Criminal Justice Brooklyn, July 26, 2004Brooklyn, July 26, 2004

Costs of Criminal JusticeCosts of Criminal Justice Each year in the United States an enormous

amount of money is spent on criminal justice.

In 1999, local, state, and federal governments spent a total of $146 billion in direct expenditures for the civil and criminal justice systems.

That represents approximately $525 for every resident of the United Sates.

See Table 1.2, p.20.

Costs of Criminal JusticeCosts of Criminal Justice Of all government Of all government

expenditures, Criminal expenditures, Criminal Justice only accounts Justice only accounts for 8%. for 8%.

Police Protection – 70% Police Protection – 70% local governmentlocal government

Corrections – States Corrections – States 63%63%

Judicial/Legal Services Judicial/Legal Services – 35% States– 35% States

Myths about Criminal JusticeMyths about Criminal Justice Our text concentrates on dispelling Our text concentrates on dispelling

myths about the criminal justice myths about the criminal justice system. system.

What myths have we dispelled?What myths have we dispelled?

Government budget allocations for CJS Government budget allocations for CJS accounts for a bulk of all expenditures?accounts for a bulk of all expenditures?

Media & CJSMedia & CJS

John Muhammad & John Lee

John Muhammad & John Lee

MalvoMalvo

O.J. Simpson, Martha

O.J. Simpson, Martha

Stewart

Stewart

Georgia- Murder of

Georgia- Murder of

Grandparents

Grandparents

Media & CJSMedia & CJS The sensational crimes reported by The sensational crimes reported by

the media do not provide a very the media do not provide a very accurate picture of the crimes accurate picture of the crimes typically committed nor do they typically committed nor do they accurately depict the kinds of crime accurately depict the kinds of crime to which police respond on a daily to which police respond on a daily basis.basis.

Media & CJS: DiscussionMedia & CJS: Discussion What did you learn from your project What did you learn from your project

assignments?assignments? Do you feel that the crime related Do you feel that the crime related

stories provided enough information stories provided enough information for you to determine guilt or for you to determine guilt or innocence?innocence?

Does the news media provide clear, Does the news media provide clear, and accurate information?and accurate information?

Media & CJSMedia & CJS The media does not accurately The media does not accurately

reflect the typical calls that police reflect the typical calls that police respond to, nor does television respond to, nor does television coverage of trials, etc., accurately coverage of trials, etc., accurately reflect the courts, (90% plea bargain)reflect the courts, (90% plea bargain)

Does this media attention “help” or Does this media attention “help” or “hurt” the criminal justice system “hurt” the criminal justice system operation?operation?

ReviewReview Institution of social control – Institution of social control – what is what is

it? And know some examples.it? And know some examples.– How does CJS differ from other How does CJS differ from other

institutions of social control (2 reasons)institutions of social control (2 reasons) Know the Models of Criminal JusticeKnow the Models of Criminal Justice

– Which one is the predominant today?Which one is the predominant today?– Key differencesKey differences

ReviewReview Media & CJSMedia & CJS Corrections – 5 methodsCorrections – 5 methods Costs of Criminal JusticeCosts of Criminal Justice

– Who pays most for police?Who pays most for police?– Who pays most for corrections?Who pays most for corrections?

Charging DocumentsCharging Documents Have a general knowledge of the CJS Have a general knowledge of the CJS

“Process”, chart in text, pp. 10-11.“Process”, chart in text, pp. 10-11.

Next WeekNext Week Review the online materials related Review the online materials related

to Uniform Crime Reports, to Uniform Crime Reports, View the Department of Justice, FBI, View the Department of Justice, FBI,

Uniform Crime Reports web-site. Uniform Crime Reports web-site.