Introduction to Criminal Justice Notes

Introduction to Criminal Justice Systems, Diversity, and Change

What Is the Criminal Justice System?

  • Criminal Justice System (CJS): Institutions, policies, and practices aimed at social control and crime deterrence through sanctions and rehabilitation.

  • Three primary components:

    • Law enforcement

    • Courts

    • Corrections

  • Law enforcement: Investigates crimes and apprehends alleged offenders.

  • Courts: Interprets and applies the law.

  • Corrections: Employs incarceration in jails/prisons, community supervision (parole/probation).

  • System size and cost:

    • The CJS is large and costly.

    • Despite crime rate reduction in the early 1990s, the system grew dramatically in 2007.

    • Large numbers of juveniles and adults are under CJS control.

    • In 2015, over 6.7 million adults were supervised in jails, prisons, or on parole.

    • Over 2.2 million adults were incarcerated at the end of 2015.

  • Gender, race, and Hispanic origin statistics:

    • Adult males: 847 per 100,000

    • Adult females: 64 per 100,000

    • Black, non-Hispanic males: 2,415 per 100,000

    • White, non-Hispanic males: 400 per 100,000

    • Black non-Hispanic females: 96 per 100,000

    • White, non-Hispanic females: 49 per 100,000

  • Cost of the system:

    • In 2013, the CJS employed 2.4 million people at a cost of 212212 billion.

    • Each person in the U.S. paid 670670 in 2013 to support the CJS.

    • Scarcity of resources and overcrowding have led to discussions about alternatives.

How Does the Criminal Justice System Work?

  • A crime becomes known to the police.

  • Police investigate, identify, and apprehend the offender.

  • Information is presented to the prosecutor.

  • Prosecutor files charges, leading to plea bargain, trial, or nolle prosequi.

  • Arraignment: appearance before a judge.

  • Pleas: guilty, not-guilty, or nolo contendere.

  • Trial: prosecution and defense present evidence and question witnesses.

  • Conclusion: conviction or acquittal.

  • Sentencing follows conviction.

  • The victim:

    • Often missing from the classical CJS road map.

    • Victim assistance outside CJS includes medical care, emotional/psychological support, and insurance assistance.

    • Victims serve as crucial witnesses.

    • Victim advocates: professionals directing victims to emotional, psychological, or financial support.

  • Crime and personal liberties:

    • Increased criminalization can lead to a loss of personal freedoms.

    • Utilitarianism: legislation prohibits certain behaviors to assure the greatest good for the greatest number.

  • Judicial activism:

    • Decisions influenced by personal and political factors.

    • Examples: USA PATRIOT Act; USA Freedom Act.

What Is a Crime?

  • Street crimes: homicide, rape, sexual assault, robbery, and physical assault.

  • Property crimes: motor vehicle theft, burglary, and property theft.

  • Victimless crimes: prostitution, drug use, and gambling.

  • White-collar crimes: bribery, fraud, price fixing, and insider trading.

  • Cybercrime: network infiltrations, launching computer viruses, and phishing.

  • Terrorism:

    • Committed by subnational or extremist groups.

    • Premeditated.

    • Targets are noncombatants.

    • Aims to influence an audience politically, religiously, or nationally.

    • Acts are often cross-national.

    • Seeks political, social, or economic change.

Crime Definitions Change Over Time

  • Justifiable homicide: self-defense, defending others, and state-sanctioned executions.

  • Crimes classified as mala en se or mala prohibita.

    • Mala en se: inherently immoral and wrong.

    • Mala prohibita: prohibited by law.

    • Decriminalization examples: justifiable homicide, adultery.

      • Example: Castle Doctrine

    • Increased criminalization example: driving under the influence of alcohol.

  • Rape:

    • Considered mala in se.

    • FBI definition changed over time.

      • Original: “carnal knowledge of a female forcibly and against her will.”

      • 2011: “penetration, no matter how slight, of the vagina or anus with a body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

    • Changes acknowledge male victims and spousal rape.

    • In 2013, FBI removed ‘forcibly’ from the definition to include lack of consent when an individual is unconscious

  • Sexual assault: non-consensual sexual activity.

  • Sexual abuse: offenses against children.

CJS: Purposes and Perspectives

  • Crime control perspective: prevent crime by harshly punishing offenders.

  • Rehabilitation: CJS cares for and treats people who cannot care for themselves.

  • Due process perspective: ensuring fair and equal treatment for all accused.

  • Restorative justice perspective: repairing harm caused by criminal behavior.

  • Nonintervention perspective: CJS should be involved as minimally as possible.

Criminal Justice and Public Policy

  • Consensus model: general agreement on behaviors harmful to the majority, deemed criminal.

  • Conflict model: division and disparity among society members, leading to power struggles.

Crime and the Media

  • Framing: simplifying information presentations.

    • Faulty criminal justice frame: criminals believe they can get away with crimes.

    • Blocked opportunities frame: crime results from a lack of legal opportunities.

    • Social breakdown frame: crime results from family and community breakdown.

    • Racist system frame: CJS depicted as racist agents of oppression.

    • Violent media frame: crime results from violence in media.

  • Infotainment: distorted combination of entertainment and information marketed as truthful.

  • Narrow-casting: presenting a limited view of information to small audiences.

Criminal Justice Versus Criminology

  • Criminal justice: the system (law enforcement, courts, and corrections).

  • Criminology: the study of the nature, extent, causes of criminal offending, and criminal victimization.