Study Notes on Criminal Justice
INTRODUCTION TO CRIMINAL JUSTICE
Chapter 1: Crime and Criminal Justice
Larry J. Siegel, John L. Worrall, Introduction to Criminal Justice, 17th Edition. © 2022 Cengage. All Rights Reserved.
Definition of Criminal Justice
Concept of Criminal Justice:
Criminal justice refers to the agencies that dispense justice and the process by which justice is carried out.
It is a loosely organized collection of agencies responsible for:
Protecting the public.
Maintaining order.
Enforcing the law.
Identifying transgressors.
Bringing the guilty to justice.
Treating criminal behavior.
New duties of the criminal justice system include:
Protecting against domestic and international terrorists.
Addressing transnational organized crime syndicates.
Combatting cybercriminals.
Crime as a Persistent Issue
Historical Context of Crime:
Crime and violence have been persistent since the foundation of the nation.
Examples include:
Crime in the Old West.
Urban crime trends.
Significant increase in criminal activity from 1900 to 1935.
The crime problem has continuously evolved alongside the nation.
Development of Criminal Justice
Federal Involvement
Federal Involvement:
The Law Enforcement Assistance Administration (LEAA) provided technical assistance and funding (hundreds of millions of dollars) to state/local justice agencies from 1969 to 1982.
Evidence-Based Justice
Evidence-Based Justice:
A scientific approach utilized to determine the effectiveness of criminal justice programs in reducing crime rates and offender recidivism.
Key Principles:
Target audience: Programs should focus on high-risk offenders.
Randomized experiments: Used to validate whether novel treatment methods are effective.
Intervening factors: Consideration of elements that may enhance or impede program success.
Measurement of success: Establishing realistic measures for assessing program efficacy.
Cost-effectiveness: Evaluating the economic viability of programs.
The Contemporary Criminal Justice System
Social Control:
Defined as a society's ability to control individual behavior for the betterment of societal welfare.
Three Main Components of the Criminal Justice System:
Police:
Investigate crimes and apprehend suspects.
Court System:
Charges, indicts, tries, and sentences offenders.
Correctional System:
Incapacitates convicted offenders and aids in their rehabilitation.
Scope of the Criminal Justice System:
The system is monumental and costly:
Total cost exceeds $260 billion per year for civil and criminal justice.
It serves millions, processing over 11 million arrests annually.
Approximately 7 million people are under correctional supervision.
Expenditures on Criminal Justice Activity
Breakdown of Expenditures:
Total Justice System Expenditures: $233,483,760
County Governments: $86,868,791
City Governments: $71,684,805
State Government: $69,058,355
Police Protection: $109,210,078
County: $15,003,016
City: $29,596,808
State: $59,702,889
Judicial and Legal: $46,256,957
County: $22,825,679
City: $17,767,223
State: $5,274,743
Corrections: $78,016,725
County: $49,040,096
City: $24,320,774
State: $4,080,723
The Formal Criminal Justice Process
Overview of the Process
Structure of the Criminal Justice Process:
Comprises 15 stages from initial investigation through to appeal.
Each stage serves as a decision point for case progression.
Influencing factors include:
Legal Factors: Seriousness of charges, available evidence, suspect's criminal record.
Extralegal Factors: Suspect's race, gender, class, and age influencing outcomes.
Stages of the Criminal Justice Process
Initial contact
Investigation
Arrest
Custody
Arraignment/Charging
Bail/Detention
Preliminary Hearing/Grand Jury
Plea Bargaining
Trial/Adjudication
Sentencing/Disposition
Appeal/Postconviction Remedies
Correctional Treatment
Release
Postrelease
The Criminal Justice Assembly Line
Concept of the Assembly Line
Viewed as a conveyor belt with an endless stream of cases moving through
Each stage acts as a decision point critical for outcomes:
Errors may lead to wrongful imprisonment or release of dangerous individuals.
The Interrelationship of the Criminal Justice System and Process
The system includes:
Police Operations:
Contact
Investigation
Arrest
Custody
Prosecution and Defense:
Complaint/charging
Grand jury/preliminary hearing
Arraignment
Bail/detention
Plea negotiations
Courts:
Adjudication
Disposition
Appeal/postconviction remedies
Corrections:
Correction
Release
Postrelease
The Wedding Cake Model of the Criminal Justice System
Levels of Crime
Level I: Celebrated cases (serious/crime events that attract public attention)
Receive full justice processes.
Level II: Serious felonies involving experienced offenders
Involves full jury trials and potential prison sentences.
Level III: Less serious crimes; often first-time offenders
Settled through plea bargains, charge reductions, or probation.
Level IV: Misdemeanors (e.g., disorderly conduct, shoplifting)
Handled quickly, often resulting in minor penalties (e.g., fines).
Perspectives on Justice
Understanding Justice Perspectives
Complexity of Criminal Justice:
No dominant view exists; perspectives vary according to personal beliefs.
The debate on crime control methodologies continues.
Key Perspectives on Justice
Crime Control Perspective:
Justice system's purpose is to deter crime through punishment.
Efficiency equates to effectiveness.
Goal is investigation, apprehension, and punishment.
Rehabilitation Perspective:
Long-term treatment is preferable to punishment.
Criminals are viewed as victims of society.
Encompasses American cultural values of helping others.
Due Process Perspective:
Every individual deserves constitutional rights.
Democratic values take precedence over punishment needs.
Decision-making must be scrutinized for fairness regardless of socioeconomic status.
Suppression of illegally obtained evidence.
Government must provide free legal counsel at all stages.
Nonintervention Perspective:
Focus on stigma associated with criminal justice process.
Suggests reducing criminalization: decriminalization, diversion, deinstitutionalization.
Equal Justice Perspective:
Equal treatment for equal crimes.
Necessity for standardized decision-making in the justice system.
Minimization of individual discretion.
Restorative Justice Perspective:
Focuses on reintegrating offenders into society.
Criticism of coercive punishments; advocates for humane justice processes.
Frames crime as a community-level issue.
Ethics in Criminal Justice
Ethical Dilemmas in the Justice System
Challenges:
Balancing fairness with public protection imperatives.
Policemen's discretion in investigations and discretion increases ethical concerns.
The prosecutor's role must focus on justice, not solely on winning convictions.
Ethical issues transcend beyond arrest to corrections and punishment.
Significance of Ethics in Law Enforcement
Ethical behavior is critical due to the authority to deprive liberty and enforce laws using force.
Officers must balance public safety demands with individual rights.
They represent a pivotal connection between state power and citizens.
National Guidelines for Ethical Behavior
Various national organizations establish model codes of conduct for law enforcement as behavioral guides.
Ethics in Court and Corrections
Ethics in the Court Process
Prosecutorial Conflicts:
Ethical dilemmas arise due to role conflicts in dual responsibilities.
Defense attorneys face conflicting obligations towards clients and their profession.
Ethics in Corrections
Ethical concerns persist post-conviction concerning correctional workers’ discretion.
Correctional officers wield significant coercive power; use of excessive force is strictly prohibited.