1. Criminal Justice System

2. Which behaviors can be considered as violation of the law?

1. Chewing gum on the street.

2. Wearing the sagging pants

3. Singing in the bathtub

4. Women go to fishing alone.

5. Using sex toys

3. Which behaviors can be considered as violation of the law?

1. Chewing gum on the street.

In Singapore, it’s illegal. You can get the fine up to S$1,000.

2. Wearing the sagging pants

It’s illegal in several states. Up to $500 fine or jailed 5 years.

3. Singing in the bathtub

By the law, it’s illegal in PA.

4. Women go to fishing alone.

In Montana, it is illegal for married women to go fishing alone on
Sundays, and illegal for unmarried women to fish alone at all.

4. Which behaviors can be considered as the violation of the law?

5. Using Sex toys

All sex toys are banned in GA.

Source: Chitwood, Tim. "Toying With Issues". Columbus Ledger-
Enquirer. 16 Oct. 2002.

Why does this law exist?

In 1968 a Fulton-county resident was convicted under this law. This
is despite the fact that the Fulton-County jury publicly stated that the
law was "archaic" and noted such gadgets can have therapeutic
value.

5. What is Crime?

Legalistic Perspective

Crime: Human behaviors against the law

There is no crime without the law, and there is no punishment without the
crime.

Political Perspective

Crime: Human behaviors against the power group

Sociological Perspective

Violate the rule

Deviance

Social harm

Human rights violation

Antisocial behavior which threats the social structure

6. What is Crime?

Two perspectives on Crime

1. Moving Target Perspective

Criminal behaviors can be changed depending on time or
location

Homosexuality, drug abuse, infanticide, etc

2. Stationary Core Perspective

Mala in se (wrong or evil in itself)

Mala prohibita (the prohibited act forbidden by the policy or
law)

7. Elements of Crime

1. Harm

2. Legality

3. Actus reus

4. Mens rea

5. Causation

6. Concurrence

7. Punishment

8. Elements of Crime

1. Harm

The behavior along with psychological, physical, and economical
harm

The thinking itself is not the crime.

2. Legality

Must be defined by the law

3. Actus reus (guilty act)

Must violate the law

9. Elements of Crime

4. Mens rea (guilty mind)

Criminal mind

Exclude self-defense

5. Causation

Directly or indirectly related to the harm

6. Concurrence

Actus reus and Mens rea should co-exist.

7. Punishment

Criminal behavior should be punished.

Punishments include reimbursement, rehabilitation, punishment, and
compensation

10. What is Crime

Defined by the law

Crime is defined by the law in the society.

As a wrong against society proclaimed by law, and if committed
under certain circumstances, punishable by society.

Some ridiculous laws in our society

Louisiana – Banned the sagging pants

Consensus model vs. Conflict Model

11.  Law reflects the need for order
 Law results from a consensus on widely shared values in society
 Basic agreement with shared norm and value
 Law is an impartial system to protect the public
 Law provides neutral means of resolving disputes
Origins of Criminal Law: Consensus View

12. 
Not an absolute definition

Politically powerful groups influence the content of criminal law

“Mala prohibita” offenses are prohibited by government but not wrong
in themselves

Harsh penalties are sometimes enforced on the poor or
disadvantaged while the powerful are given lighter sentences
Origins of Criminal Law: Conflict View

13. 
An action or activity that is

Punishable under the criminal law as determined by the majority
of society or, in some cases, a powerful minority

Considered an offense against society as a whole, and
prosecuted by public officials not victims

Punishable by statutorily determined sanctions that bring about
the loss of freedom
An Integrated Definition of Crime

14. 
Violent Crime

Property Crime

Public Order Crime

High-Tech Crime

Organized Crime

White-Collar Crime
Types of Crime

15. 
Index crime defined by FBI

Murder, Forcible rape, robbery, aggravated assaults

Burglary, theft, theft of motor vehicle, arson

Crime against persons

Murder, or unlawful killing of a human being

Sexual assault or rape

Assault and Battery

Robbery
Major Categories of Violent Crime

16. 
The most common form of criminal activity

Economic gain or the damaging of property

Pocket picking

Shoplifting

The stealing of any property

Larceny/theft

Burglary

arson
Property Crime

17. 
Linked to the Consensus model

Ex. Singapore – Public order law

Public drunkenness

Prostitution

Gambling

Illicit drug use

Sometimes as victimless crimes
Public Order Crime

18. 
An illegal act or series of acts committed by an individual or business
entity using some nonviolent means to obtain a personal or business
advantage
White-Collar crime

19. White-Collar Crime

20. White-Collar Crime (part a)

21. White-Collar Crime (part b)

22.  Illegal acts by illegal organizations, usually geared toward satisfying
the public’s demand for unlawful goods and services
 Preferred markets
 Gambling
 Prostitution
 Illegal narcotics,
 Loan sharking
 Counterfeiting and credit-card scams
Organized Crime

23. 
Growing area

Almost every crime types in the cyber space

Selling pornographic materials

Soliciting minors

Defrauding consumers with bogus financial investment

Voice Phishing

Email Phishing

Engaging in Prostitution
Cyber Crime

24. Types of Cybercrime

25. 
The major purpose of the CJ system

In 1967, the President’s Commission on Law Enforcement and
Administration of Justice stated that the CJ system is obligated to
enforce accepted to standards of conduct so as to
“Protect individuals and community”
The Criminal Justice System

26. 
To control crime

To prevent crime

To provide and maintain justice
Three Goals of the Criminal Justice System

27. 
Federalism

The government powers are shared by the national (federal)
government and the states.

In the US, the division of powers between the federal government
and the fifty states is established by the Constitution

The National government power by Constitution

The power to coin money

Raise an army

Regulate interstate commerce

Crime control – local governments
Structure of the Criminal Justice System

28. 
Police

Local Law Enforcement

Counties + municipals

State Law Enforcement

Except Hawaii

Most states – state police + highway patrols

Federal Law Enforcement

FBI

DEA

ATF

Department of Homeland Security
Structure of the Criminal Justice System

29. The criminal court system
– court structure

30. The Federal Court System

Judges

Appointed by the president of the United States, subject to
the approval of the Senate

Lifetime appointments
- Because under Article III of the Constitution they “hold
their offices during Good Behavior”

31. 
Courts

Dual court system = Federal + State

Fifty-two different court systems

One national court system (Federal)

Fifty state courts

One in the D.C.

State Courts

Trial courts at the local and state level

Intermediate courts of appeals

The state supreme court
Structure of the Criminal Justice System

32. 
Courts

State Courts

Trial courts at the local and state levels

Intermediate courts of appeals

State Supreme courts

Federal Courts

District courts

Circuit courts of appeals

The United States Supreme Court
Structure of the Criminal Justice System

33. 
Courts

The Criminal court

The judge, the prosecutor, and defense attorneys

Charged with the weighty responsibility of determining the
innocence or guilt criminal suspects
Structure of the Criminal Justice System

34. 
Corrections

Probation – Most common correctional treatment

Incarceration – Prison or Jail

Community Based Corrections

Halfway houses, residential centers, and work-release centers

Parole
Structure of the Criminal Justice System (cont.)

35. Local, State, and Federal Employees
in Our Criminal Justice System

36.  The President’s Commission on law Enforcement and Administration
of justice asserted that the system:
 Is not a hodgepodge of random actions. It is rather a continuum –
an orderly progression of events – some of which, like arrest and
trail, are highly visible and some of which, through of great
importance, occur out of public view.
Two Views of the Criminal Justice Process

37. 
Professor Herbert Packer, idealized criminal justice process to an
assemble line:

“…down which moves an endless stream of cases, never
stopping, carrying the cases to workers who stand at fixed
stations and who perform on each case as it comes by the same
small but essential operation that brings it one stop closer to
being a finished product, or , to exchange he metaphor for the
reality, a closed file….”

The formal and the informal criminal justice process
Two Views of Criminal Justice (cont.)

38. 
Discretion permits justice officials at all levels to make decisions that
will keep the system operating
Discretion

39. Discretion in the Criminal Justice System

40. The Wedding Cake Model

41.  A model of criminal justice that assumes freedom is so important that
every effort must be made to reduce crime so things like efficiency,
speed and finality are emphasized. The system must have a high
capacity to catch, convict and dispose of offenders.
Crime Control Model

42. 
A different model of the criminal justice system that assumes
freedom is so important that every effort must be made to ensure the
decisions are fair and reliable based on law and formal proceedings
Due Process Model

43. 
Crime Control Model

Deter crime

Protect citizens from crime

Incapacitate criminals

Provide quick and efficient justice

Due Process Model

Protect the individual against the immense power of the state

Rehabilitate those convicted of crimes
Crime Control versus Due Process: Goals of the CJ System

44. 
How Goals Can Best Be Met

Crime Control Model

Promoting discretion and limiting bureaucratic red tape in
criminal justice institutions

Making it easier for police to arrest criminals

Reducing legal restrictions on proving guilt in a criminal trial
Crime Control versus Due Process:

45. 
Due Process Model

Limiting state power by assuring the constitutional rights of the
accused

Providing even guilty offenders with full protection of the law

Assuring that all accused criminals receive the same treatment

Protecting the civil rights of prisoners
Crime Control versus Due Process (cont.)

46. 
Favored Policies

Crime Control Model

More police

More jails and prisons

Harsher penalties (including increased use of the death
penalty) and longer sentences
Crime Control versus Due Process (cont.)

47. 
Due Process Model

Open the process to scrutiny by the media and public

Abolish the death penalty

Limit police powers

Limit discretion and formalize procedures

Increase funding for rehabilitation and education in prisons and
jails
Crime Control versus Due Process (cont.)

48. 
Crime Control Model

Wrongdoers are responsible for their own actions

Wrongdoers have violated the social contract and can therefore be
deprived of many of the rights afforded to law-abiding citizens
 Due Process Model

Criminal behavior can be attributed to social and biological factors

Criminals can be rehabilitated and returned to the community
Crime Control versus Due Process: View of Criminality

49. Responding to Terrorism

After Sept. 11, 2001, President Bush signed the Patriot Act into law.

Key provisions of the Patriots Act

Creates a new crime of “domestic terrorism”

Expands the definition of “engage in terrorist activity”

Allows for easier detention and removal

Gives law enforcement agents greater ability

Reduces the amount of suspicion law enforcement agents needs

50. Criminal Justice Today

Reality Check: Violent Crime in the States

The Gang Problem

The Gun Problem

The Illegal Drugs Problem

Crime and Punishment

Growing prison population

Division and Execution

51. Number of Inmates

52. Prison and Jail Populations in
the United States, 1985-2002

53. Criminal Justice Today

New Directions in Law Enforcement

Changing Tactics

DNA Profiling

Homeland Security

Technology: Fighting and Fueling Crime