CRJ chapter 1

Key Concepts of Criminal Justice System

Definition of Crime

• 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 vs. Procedural Justice

• 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.

Brief History of Crime in America

Early 20th Century

• 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.

1980s

• 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.

1990s

• 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.

21st Century Developments

• 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.

Emergence of New Crimes

• 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.

Major Themes in Criminal Justice

Individual Rights vs. Public Order

• 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.

Civil Rights Movement's Influence

• 1960s-1970s offered a spotlight on individual rights and civil liberties.

• Push for equal treatment in the justice system; highlights disparity for defendants.

Victim Impact Statements

• 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.

Shift in Perception of Offenders

• 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.'

Social Justice Advocacy

• 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.

Components of the Criminal Justice System

• 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 and the Legal Framework

• 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.

Conclusion

• 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.