Schmalleger ch01 lecture

Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
What is Criminal Justice?
1

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A Brief History of Crime in AmericaA 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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• 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

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• 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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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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Individual Rights vs. Public OrderIndividual 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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• 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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• 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 and Basic FairnessCriminal 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

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Criminal Justice and Basic FairnessCriminal 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

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FIGURE 1–3 The Core Components of the American Criminal Justice System and Their Functions

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Criminal Justice System StructureCriminal 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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Stages of Case ProcessingStages 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

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• Arrest
 Act of taking an adult or juvenile into
custody
• Booking
 Taking pictures, fingerprints, personal
information from suspect

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• 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

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• 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)

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• 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

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• 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

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• Corrections
 The sentence is carried out
• Reentry
 Following corrections, an offender may
be returned to the community.

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The Ultimate Goal: Crime ControlThe Ultimate Goal: Crime Control
through Due Processthrough 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.

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Due Process and Individual RightsDue 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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The Role of the Courts in DefiningThe Role of the Courts in Defining
RightsRights
• 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

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• 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

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Evidence-Based Practice inEvidence-Based Practice in
Criminal JusticeCriminal 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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The Start of Academic CriminalThe Start of Academic Criminal
JusticeJustice
• 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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The Start of Academic CriminalThe Start of Academic Criminal
JusticeJustice
• By the 1960s, students began to apply
the techniques of social science
research.
 Criminology
 Sociology
 Psychology
 Political science

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Multiculturalism and DiversityMulticulturalism and Diversity
in Criminal Justicein 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

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