Schmalleger, Frank What is Criminal Justice?

1. What Is Criminal Justice?What Is Criminal Justice?
Chapter 1Chapter 1
A Brief IntroductionA Brief Introduction
Norwalk Community CollegeNorwalk Community College
Gregory L. Riley, Sr.,Gregory L. Riley, Sr.,
InstructorInstructor

2. Learning ObjectivesLearning Objectives
 1) Provide a brief history of crime in America.1) Provide a brief history of crime in America.
 2) Highlight the differences between the individual rights and2) Highlight the differences between the individual rights and
public order perspectives.public order perspectives.
 3) Understand the relationship of criminal justice and basic3) Understand the relationship of criminal justice and basic
fairness.fairness.
 4) Understand the major components and functions of the4) Understand the major components and functions of the
American criminal justice system.American criminal justice system.
 5) Explain the meaning of due process of law and where5) Explain the meaning of due process of law and where
guarantees can be found in the legal system.guarantees can be found in the legal system.
 6) Explain evidence-based practice and its role.6) Explain evidence-based practice and its role.
 7) Explain how multiculturalism and diversity present7) Explain how multiculturalism and diversity present
challenges to, and opportunities for the criminal justicechallenges to, and opportunities for the criminal justice
system.system.

3. The Police, Court & CorrectionsThe Police, Court & Corrections

4. September 11, 2001September 11, 2001
 The September 11The September 11
attacks also madeattacks also made
clear that lawclear that law
enforcement involvesenforcement involves
aa global effortglobal effort atat
controlling crime andcontrolling crime and
reducing the risk ofreducing the risk of
injury and loss to lawinjury and loss to law
abiding people both atabiding people both at
home and abroad.home and abroad.

5. Ways Our Lives Have ChangedWays Our Lives Have Changed
Since 9/11Since 9/11
War In AfghanistanWar In Afghanistan
a)a) 2,295 U.S. troops killed2,295 U.S. troops killed
b)b) Over 11,000 woundedOver 11,000 wounded
War In IraqWar In Iraq
a)a) 4,497 U.S. troops killed4,497 U.S. troops killed
b)b) Over 32,021 woundedOver 32,021 wounded
 A state of heightened securityA state of heightened security
 The Patriot ActThe Patriot Act
 Department of Homeland Security/$100 BillionDepartment of Homeland Security/$100 Billion
 Impact on Muslims (Hate Crimes)Impact on Muslims (Hate Crimes)
 Freedom vs. Security (Police State?)Freedom vs. Security (Police State?)

6. The Theme of This BookThe Theme of This Book
Individual Rights vs. Public OrderIndividual Rights vs. Public Order
 Individual rightsIndividual rights
advocates is one whoadvocates is one who
seeks to protectseeks to protect
personal freedomspersonal freedoms
within the process ofwithin the process of
criminal justice. Rosecriminal justice. Rose
to the forefront in theto the forefront in the
1960s and 1970s, the1960s and 1970s, the
civil rights era.civil rights era.
 Public orderPublic order advocates isadvocates is
one who believes that underone who believes that under
certain circumstancescertain circumstances
involving criminal threat toinvolving criminal threat to
public safety, the interests ofpublic safety, the interests of
society should takesociety should take
precedence over individualprecedence over individual
rights.rights.

7. Criminal Justice & Basic FairnessCriminal Justice & Basic Fairness
 Justice is theJustice is the
principle ofprinciple of
fairness.fairness.
 Social Justice is an ideal thatSocial Justice is an ideal that
embraces all aspects of civilized lifeembraces all aspects of civilized life
and that is linked to fundamentaland that is linked to fundamental
notions of fairness and to culturalnotions of fairness and to cultural
beliefs about right and wrong.beliefs about right and wrong.

8. Civil Justice & Basic FairnessCivil Justice & Basic Fairness
 Civil Justice concerns itselfCivil Justice concerns itself
with fairness in relationshipswith fairness in relationships
between citizens,between citizens,
government agencies, andgovernment agencies, and
businesses in privatebusinesses in private
matters, such as thosematters, such as those
involving contractualinvolving contractual
obligations, businessobligations, business
dealings, hiring, anddealings, hiring, and
equality of treatment.equality of treatment.

10. Criminal Justice
 Criminal Justice refers to theCriminal Justice refers to the
aspects of social justice thataspects of social justice that
concern violations of theconcern violations of the
criminal law. Criminal justicecriminal law. Criminal justice
ideals extend to the protectionideals extend to the protection
of the innocent, the fairof the innocent, the fair
treatment of offenders, andtreatment of offenders, and
fair play by the agencies offair play by the agencies of
law enforcement, includinglaw enforcement, including
courts and correctionalcourts and correctional
institutions.institutions.

12. Administration of JusticeAdministration of Justice
 The performance of any of the following activities:The performance of any of the following activities:
detection, apprehension, detention, pretrial release, post-detection, apprehension, detention, pretrial release, post-
trial release, prosecution, adjudication, correctionaltrial release, prosecution, adjudication, correctional
supervision, or rehabilitation of accused persons or criminalsupervision, or rehabilitation of accused persons or criminal
offenders.offenders.

13. Criminal Justice System
 The Criminal JusticeThe Criminal Justice
system consist of thesystem consist of the
component agencies ofcomponent agencies of
police, court, andpolice, court, and
corrections.corrections.

14. Consensus ModelConsensus Model
 Consensus Model assumes thatConsensus Model assumes that
each of the component parts of theeach of the component parts of the
criminal justice system strivescriminal justice system strives
toward a common goal and that thetoward a common goal and that the
movement of cases and peoplemovement of cases and people
through the system is smooth duethrough the system is smooth due
to cooperation between the variousto cooperation between the various
components of the system.components of the system.

15. The Conflict Model
 The goals of the individual agenciesThe goals of the individual agencies
often conflict, and pressures foroften conflict, and pressures for
success, promotion, pay increases,success, promotion, pay increases,
and general accountability fragmentand general accountability fragment
the efforts of the system as a whole,the efforts of the system as a whole,
leading to a criminal justiceleading to a criminal justice
nonsystem.nonsystem.

16. Due Process & Individual RightsDue Process & Individual Rights
 The U.S. ConstitutionThe U.S. Constitution
requires that criminalrequires that criminal
justice case processingjustice case processing
be conducted withbe conducted with
fairness and equity; thisfairness and equity; this
requirement is referred torequirement is referred to
as “due process”, simplyas “due process”, simply
put, means proceduralput, means procedural
fairness.fairness.

17. Due Process & Individual RightsDue Process & Individual Rights
 Due process underlinesDue process underlines
the first ten amendmentsthe first ten amendments
of the Constitution, whichof the Constitution, which
are collectively known asare collectively known as
the “Bill of Rights”. It isthe “Bill of Rights”. It is
specifically guaranteed byspecifically guaranteed by
thethe 55thth
, 6, 6thth
, and 14, and 14thth
AmendmentAmendment and isand is
succinctly stated in the 5succinctly stated in the 5thth
,,
which reads, “No personwhich reads, “No person
shall be…deprived of life,shall be…deprived of life,
liberty, or property,liberty, or property,
without due process ofwithout due process of
law.law.

18. 1414thth
AmendmentAmendment
 The 14The 14thth
AmendmentAmendment
makes due processmakes due process
binding on the states. Itbinding on the states. It
requires the individualrequires the individual
states to respect thestates to respect the
due process rights ofdue process rights of
U.S. citizens who comeU.S. citizens who come
under their jurisdiction.under their jurisdiction.

19. Gideon v. Wainwright (1963)Gideon v. Wainwright (1963)
 The Supreme CourtThe Supreme Court
embraced the 6embraced the 6thth
Amendment guaranteeAmendment guarantee
of a right to a lawyer forof a right to a lawyer for
all criminal defendantsall criminal defendants
and mandated thatand mandated that
states provide lawyersstates provide lawyers
for defendants who arefor defendants who are
unable to pay for them.unable to pay for them.

20. The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough Due Process
 Crime Control ModelCrime Control Model
is a criminal justiceis a criminal justice
perspective thatperspective that
emphasizes theemphasizes the
efficient arrest andefficient arrest and
conviction of criminalconviction of criminal
offenders.offenders.

21. The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough Due Process
 TheThe Due ProcessDue Process
ModelModel is a criminalis a criminal
justice perspectivejustice perspective
that emphasizesthat emphasizes
individual rights at allindividual rights at all
stages of justicestages of justice
system processing.system processing.

22. Evidence-Based Practice inEvidence-Based Practice in
Criminal JusticeCriminal Justice
 Evidence-based practiceEvidence-based practice
refers to crime-fightingrefers to crime-fighting
strategies that have beenstrategies that have been
scientifically tested andscientifically tested and
are based on socialare based on social
science research.science research.
Scientific research hasScientific research has
become a major elementbecome a major element
in the increasingin the increasing
professionalization ofprofessionalization of
criminal justice, both as acriminal justice, both as a
career field and as a fieldcareer field and as a field
of study.of study.

23. Multiculturalism & Diversity inMulticulturalism & Diversity in
Criminal JusticeCriminal Justice
 Multiculturalism describes aMulticulturalism describes a
society that is home to asociety that is home to a
multitude of different cultures,multitude of different cultures,
each with it own set of norms,each with it own set of norms,
values, and routine behaviors.values, and routine behaviors.
As a result, certain lifestyleAs a result, certain lifestyle
choices, even within achoices, even within a
multicultural society thatmulticultural society that
generally respects andgenerally respects and
encourages diversity, may stillencourages diversity, may still
be criminalized, as in the casebe criminalized, as in the case
of polygamy.of polygamy.

25. Active ShooterActive Shooter

26. Mass shootingsMass shootings

27. ReferencesReferences
 Criminal Justice: A Brief IntroductionCriminal Justice: A Brief Introduction, 11, 11thth
edition, by Frank Schmalleger, Prenticeedition, by Frank Schmalleger, Prentice
Hall, 2016, ISBN 9780133591316Hall, 2016, ISBN 9780133591316