Crime: Conduct that violates criminal laws set by state, federal government, or local jurisdiction.
Different levels of laws exist: federal, state, and local.
A violation can occur regardless of jurisdiction.
Procedural Fairness:
Individual-based perception of fairness regarding case outcomes.
Involves victims or offenders assessing if the process felt fair.
Example: If a defendant believes they are innocent but are charged, this indicates a lack of procedural fairness.
Issues arise with inadequate representation, especially for public defenders overwhelmed by excessive cases.
Procedural Justice:
Extension of procedural fairness across the justice system.
Ensures consistent fair treatment across similar cases.
Example: Two defendants of different races charged with the same crime—but one has better representation indicating inconsistency in procedural justice.
1920s-1930s: Prohibition leads to organized crime spikes.
1960s-1970s: Civil Rights Movement coincides with rising reported crimes, increasing visibility of crime against marginalized individuals.
War on Drugs declared, resulting in increased focus on drug-related crime.
Raises questions regarding whether crime rates are genuinely rising or if law enforcement simply sought out more activity.
Get Tough on Crime movement leads to a doubling of incarcerated populations and stronger sentencing laws.
Increased public awareness of systemic issues and documentary films (e.g., featuring Angela Davis) highlight the connection between legislation and incarceration.
Early 2000s: Shift towards white-collar crime awareness.
Notable cases: Bernie Madoff’s Ponzi scheme and other financial offenses noted on Wall Street.
Data from the Uniform Crime Reports (UCR) indicates a declining crime trend from 2012-2019, despite media portrayal of increasing dangers.
Increase in cybercrime, youth victimization, and high-profile criminal cases (e.g., Menendez brothers).
Social justice movements surge, advocating for accountability in cases of police violence and systemic racism.
Individual Rights:
Encompasses freedoms like speech, religion, and privacy, allowing individuals to exercise personal autonomy within legal limits.
Public Order:
Focused on maintaining societal stability and peace, acknowledging that individual rights may be limited to uphold public safety.
Examples:
Hate speech can be restricted to maintain social harmony.
Protests may be limited if public safety is compromised.
Government surveillance efforts vs. privacy rights.
1960s-1970s offered a spotlight on individual rights and civil liberties.
Push for equal treatment in the justice system; highlights disparity for defendants.
Introduced to allow victims to express their experiences post-verdict, providing them with a voice in sentencing.
Emerged in the late nineties to early 2000s as an avenue for victims' expression post-verdict.
Shifted from viewing offenders as individuals needing support to seeing them as threats following the War on Drugs.
Media portrayal has oversimplified offenders, often racialized as 'super predators.'
Emphasizes systemic issues contributing to crime: poverty, discrimination, and equity access.
Combats mass incarceration, systemic bias in policing, and sentencing disparities to support all marginalized communities.
Main Components:
Policing: Enforces laws, investigates crimes, apprehends offenders.
Courts: Processes legal cases and ensures fair trials.
Corrections: Manages offenders post-sentencing through rehabilitation and community services.
Models of Justice:
Consensus Model: Components of the justice system work collaboratively for justice.
Conflict Model: Components operate independently, often serving their own interests.
Due process ensures procedural fairness, protected under the Bill of Rights—4th, 5th, 6th, and 14th Amendments.
Includes rights to a speedy trial and jury of peers, intended to prevent biases in the justice system.
The complexity of the criminal justice system involves dynamic interactions between individual rights and public safety, procedural fairness, and historical context.
Continuous advocacy is necessary to ensure equity and justice for all in the face of systemic challenges.