Chapter 1: An Introduction to Crime and the Criminal Justice System

Justice Quotes

• Judge Sturgess ($1928$): "Justice is open to everyone in the same way as the Ritz Hotel." This quote implies that while the legal system is technically accessible to all, the high cost of legal representation and navigating the system often makes true justice available only to those with significant financial means.

• Thomas Fuller, Gnomologia ($1732$): "The more laws, the more offenders." This highlights the concept of criminalization; as the state creates more regulations and statutes, behavior that was previously legal becomes illegal, naturally increasing the number of individuals categorized as criminals.

Learning Objectives

After finishing this chapter, you should be able to:

1. Identify the paths on which a crime may be handled in the criminal justice system.

2. Summarize why consensus for an exact definition of crime is difficult.

3. Review the five perspectives of the criminal justice system.

4. Critique the consensus and conflict models.

5. Identify the relationship between crime and the media.

6. Distinguish between fear of crime and actual risk.

7. Differentiate between criminal justice and criminology.

Introduction: Making Our Way Through the Criminal Justice System

• The criminal justice system consists of institutions, policies, and practices aimed at maintaining social control, deterring crime through sanctions, and rehabilitation.

  • Formal Social Control: Legal mechanisms like police and courts used by the state to enforce laws.

  • Informal Social Control: Social mechanisms such as family, religion, and peer pressure that influence behavior.

• The system is often portrayed from various perspectives that can be detached from reality (e.g., the "CSI Effect"), emphasizing the need to understand both theoretical impacts and practical applications.

• Personal experiences like driving offenses, victimization, and incarceration of family members heavily influence public understanding, often more than empirical data.

Case Studies Introduction

• The book presents four case studies: Jennifer Schuett, Chris Farias, Joshua Paul Benjamin, and Danny Madrid, each illustrating different aspects of the criminal justice system from victim advocacy to the cycles of juvenile delinquency.

Case Study Detail: Impact on Policy

• Jennifer Schuett: Her case highlights the impact of crime on victims, leading to a shift toward providing more supportive resources and recognition for victims. It underscores the importance of DNA technology and long-term victim advocacy.

• Chris Farias: Illustrates the consequences of addiction and societal reactions to DUI offenses, focusing on how the system balances punishment with potential substance abuse treatment.

• Joshua Paul Benjamin: Reflects the complexities of sexual assault charges and physical disability within the system, showing how the system handles vulnerable populations.

• Danny Madrid: Explores gang involvement and the escalation of legal consequences for youth, illustrating the "pathway" to adult incarceration.

What is the Criminal Justice System?

• Comprises three key components that function as a cycle:

  • Law Enforcement: The "gatekeepers" of the system. Responsibilities include investigating crimes, apprehending offenders, and maintaining public order.

  • Courts: An adversarial system where the law is interpreted. It involves the prosecution (representing the state), the defense (representing the accused), and the judiciary (ensuring fair process).

  • Corrections: Manages offenders through various levels of supervision. This includes institutional settings (prisons) and community settings (probation/parole).

• Cost and Employment Statistics:

  • Over $212$ billion was the reported cost of the system in $2013$, employing around $2.4$ million people.

  • Over $6.8$ million individuals were under some form of correctional control in the U.S. by the end of $2014$, primarily in community supervision.

Common Misconceptions and Key Distinctions

• Prisons vs. Jails:

  • Jails: Local facilities managed by cities or counties. They house those awaiting trial (pretrial detainees) or those serving sentences typically less than one year for misdemeanors.

  • Prisons: State or federal facilities for longer sentences (typically over one year) served after a felony conviction.

• Probation and Parole:

  • Probation: A suspended sentence that allows an offender to remain in the community under supervision rather than going to jail/prison.

  • Parole: A conditional release status for an offender who has already served a portion of their sentence in prison.

Gender, Race, and Imprisonment

• $2014$ imprisonment rates indicate stark disparities:

  • Men were imprisoned at a rate of $890$ per $100,000$, while women were at $65$ per $100,000$.

  • Black males had the highest imprisonment rate at $2,724$ per $100,000$, which is significantly higher than that of White or Hispanic males, raising questions about systemic bias.

Models of the Criminal Justice System

• Consensus Model: Assumes that the system's components work together harmoniously toward a common goal and that the law reflects the collective will/values of the majority of society.

• Conflict Model: Based on the idea that the system's components function to serve their own interests and that the law is a tool used by the powerful to maintain control over the less powerful.

The Five Perspectives of Criminal Justice

1. Crime Control Perspective: Emphasizes the efficient investigation and conviction of offenders. Prioritizes public safety over individual rights.

2. Rehabilitation Perspective: Views crime as a result of social or psychological problems that can be treated. Focuses on providing medical, educational, or therapeutic aid.

3. Due Process Perspective: Emphasizes individual rights and constitutional safeguards against arbitrary government action. Better to let a guilty person go free than to convict an innocent one.

4. Nonintervention Perspective: Argues for minimal interference. Believes that involvement with the system can "label" individuals, leading to more crime (labeling theory).

5. Restorative Justice Perspective: Focuses on repairing the harm caused to victims and the community. Encourages mediation and restitution over incarceration.

How Does the Criminal Justice System Work?

• The Road to Adjudication:

  • Crime Reporting: Only about $46\%$ of violent crimes and $32\%$ of property crimes are reported to police.

  • Investigation & Arrest: Officers must establish probable cause (a reasonable belief that a crime was committed).

  • Prosecution Decision: The prosecutor determines if there is enough evidence to file formal charges.

  • Arraignment: The first formal meeting where the accused is read their charges and enters a plea (Guilty, Not Guilty, or No Contest).

  • Plea Bargaining: The vast majority of cases ($90\% - 95\%$) are settled here rather than going to trial.

Crime and Personal Liberties

• The USA PATRIOT Act: Passed after $9/11$, it expanded the government's ability to conduct surveillance and wiretapping. Critics argue it undermines the Fourth Amendment regarding search and seizure.

Criminology vs. Criminal Justice

• Criminology: The scientific study of the nature, extent, cause, and control of criminal behavior (Why do people commit crimes?).

• Criminal Justice: The study of the agencies of social control (police, courts, corrections) and how they handle crime (How does the system respond?).