Intro to Criminal Justice
Chapter 1: What is Criminal Justice?
Crime: conduct in violation of the criminal laws of a state, the federal
government or a local jurisdiction, for which there is not legally accepted justification or
Justification – self defense, a justified action
Excuse – rufflin, overly high prescription
Justice = defined as the principle of fairness or the ideals of moral equity.
Criminal justice: the aspect of social justice that concerns violations of the
The three things to ALWAYS REMEMBER –
Police – Courts Correction
The criminal law, the law of criminal procedure,(case law ▯reading
someone the MIRANDA RIGHTS)(getting a warrant) and the array of
procedures and activities having to do with the enforcement of this
body of law.
Individual Right the right guaranteed to all members of American society by the
US constitution. These rights are particularly important to criminal defendants
facing formal processing by the criminal justice system.
increased the reports of criminal activity
Criminal activity – crime
FEMA = Federal Emergency Management Agency
FBI = Federal Bureau of Investigation – COMPLIES THE UNIFORM CRIME
Criminal justice – study of those aspects of social justice, which concern violations of
the criminal law.
Criminology – the scientific study of crime causation, prevention and the rehabilitation
and punishment of offenders.
Criminalistics – the application of scientific techniques to the detection and evolution
of criminal evidence. 1.1 Brief History of crime in America
Civil unrest, federal grants, educating officers to raise the level of
The time of change
Community policing started
The War on Drugs (limit drug abuse, locate drug dealers)
o Mary Jane
Prison capacity sky rocketed
Corrupted police forces
1995 bombing of Alfred P Murrah Federal Building (Oklahoma City)
1999 Columbine High School Massacre – 12 students and 1 teacher
9/11 changed FBI, federal police force mission/objectives
White collar crimes
The Theme of the Book =
Examines the American system of criminal justice and the agencies and processes
that constitute it.
Individual Rights vs. Public Order
Public order = more concerned about public safety – Those who suggest
that, under certain circumstances involving criminal threats to public safety, the
interests of society should take precedence over individual rights.
Proclaim the rights of the victimized and call for an increased
emphasis on social responsibility and criminal punishment for convicted
Individual rights = more concerned about the individual – Those who
seek to protect personal freedoms and civil rights within society.
Carry civil and criminal rights for the accused and the
convicted Individual Freedom vs. Public Safety
Criminal law ▯police practicing ▯sentencing ▯correction
What is Justice?
The principle of fairness, the ideal of moral equality. It is a powerful term.
“truth in action”. – the principle of moral rightness, or conformity to truth.
Has Civil Justice and Criminal Justice.
A concept that embraces all aspects of civilized life. ▯liked to notions of
fairness and to cultural beliefs about right and wrong.
Deals with fairness in relationships between citizens, government agencies and
businesses in private matters.
Refers to the aspect of social justice that concerns violations of the criminal law.
Ideals extend to the protection of the innocent, the fair treatment of offenders and fair
play by the agencies of law enforcement, including courts and correctional institutions.
An analytic tool simply a convention chosen for its explanatory power.
ADMINISTRATION OF JUSTICE = the performance of any of the
following activities; detection, apprehension, detention, pretrial release, posttrail
release, prosecution, adjudication, correctional supervision, or rehabilitation of accused
persons or criminal offenders.
Social control – the use of sanctions and rewards available through a group of influence
and shape the behavior of individual’s members of the group
The Criminal Justice System:
The basic divisions of the operational aspects of criminal justice:
1. Law enforcement – identifies subject and issue
2. Courts – where the determination of guilt or innocence takes place
3. Correction – (jail, rehab, probation)
Systems model is not an accurate depiction of the justice system.
A criminal justice perspective that assumes that the systems components
work together harmoniously to achieve the social product = JUSTICE
Police + court + correction all work together Conflict Model
Provides another approach to the study of American
criminal justice. It assumes that the systems components function primarily to serve their
own interests. According to this theoretical framework – justice is more a product of
conflicts among agencies within the system than is it the result of cooperation among
component agencies (what you get out of the conflict( money, property, raise, )).
Police – court – correction do not working together – nonsystematic
Know the difference between probation and parole!!
Probation – corrections
Parole – early release with
Indictment – is a formal written accusation submitted to the court by a grand jury
alleging that an individual has committed a specific offense.
Investigation the evidence gathers and followedup after a crime in
discovered and investigators attempt to reconstruct the sequence of events leading up to
and including the criminal event.
Warrant – a writ issued by a judicial officer directing a law enforcement officer
to perform a specified act and affording him/her protection from damage if he/she
performs it. (Criminal procedure)
Arrest – taking of a person into physical custody by authority of law, for the
purpose of charging the person with a criminal offense or delinquent act or status
offence terminating with the record
Booking administrative procedure where pictures, fingerprints and personal
information are obtained.
Miranda Rights – established after the case with Ernesto Miranda
Probable cause – set of facts and circumstances a reasonably intelligent and
prudent person to believe that a particular other person has committed a specific crime
First Appearance – within hours of arrest suspects must be brought before a
judicial officer for an initial appearance. – judge will tell them the charges against them,
advise them of their rights and may provide the opportunity for bail.
Preliminary Hearing – a proceeding before a judicial officer in which three
matters much be decided 1. whether a crime was committed
2. whether the crime occurred within the territorial jurisdiction of the
3. probable cause
Information or Indictment information used in court, some states require an
indictment be returned by a grand jury.
Arraignment The accuse stands before a judge and hears the information or
indictment against him/her. Defendants are again notified of their rights and
asked to enter a plea (not guilty, guilty, no contest) no contest = may result in a
conviction but cannot be used in trial as an admission of guilt.
Adjudication – criminal trial may be held or defendant may decide to enter a
guilty plea. A criminal trail involves and adversarial process that pits the
prosecution against the defense.
Sentencing – after the person have been convicted, the judge will determine
Correction – follows sentencing
Probation or Parole probation imposes requirements or restrictions upon
offenders – they are required to check in with office on regular basis. Parole
may come with obligations and requires the offender to check in with a parole
Concurrent The type of sentence consists of two or more sentences that have
been ordered to be serves at the same time.
Consecutive – serving time for one crime, than time for another right after that.
Criminalcontrol model = emphasizes the efficient arrest and conviction of
criminal offenders. ▯HERBERT PACKER
Due process – asserts that fundamental principles of justice must be guaranteed in
any criminal proceeding, and that the administration of the law in a criminal case
must not th – search and secure ts.
, 5 , 6h right to a speedy trail
and 14 amendments
BILL OF RIGHTS
Social Control – use of sanctions and rewards within a group to influence and
share the behavior of individual members of that group. EvidenceBased Practice – crimefighting strategies that have been scientifically tested
and are based on social science research.
Criminology scientific study of the causes and prevention of crime and the
rehabilitation and punishment of offenders.
Multiculturalism and Diversity in Criminal Justice
Describes a society that is home to a multitude of different cultures, each with its
own set of norms, values, and routine behaviors.
FLDS – Warren Jeffs – BREAKING THE FAITH (a challenge for the CJ system)
Today we live in a multicultural society – composed of a wide variety of racial and
ethnic heritages, diverse religions, incongruous values, disparate traditions, and distinct
Chapter 2: The
Crime statistics provide an
overview of criminal activity. They can
serve as powerful tools for creating social
The collection of crime data;
Uniform crime reporting
program (UCR/NIBRS)= the FBI
produces an annual overview of major
crime titled Crime in the US –developed in
the 1930’s by Congress. ▯ An attempt to
get an accurate accounting of crime in the
The National Crime
Victimization Survey of the Bureau of
Justice Statistics = an annual survey to
random selection households conducted
by the BJS to determine the extent of
criminal victimization in the US. Is used
to see the DARK FIGURE of crime (unreported crimes) began in 1972.
victim survey (HOMOCIDE IS NOT ONE—VICTIM IS NOT ALLOWED TO
Offender selfreports there is information that gets completed through the process of
sentencing for newly serving criminals. The most underreported
crime is forcible rape.
INDEX CRIMES =
PART 1 OFFENSES
Violent crimes = murder,
rape, robbery, aggravated
assault, crime against a
Property crimes= car
theft, burglary and larceny
Clearance Rate – the proportion of reported crimes to the number that have been
Crime index Ł crimes
NIBRS – National Incident
Based Reporting System >
about the crime or incident that
happened. Represents a
significant redesigned of the original UCR Program. More detailed and better reports ▯ Having multiple victims assigned to the
same incident # (mailbox example).
The Plea Bargain –
Difference between UCR/NIBRS and NCVS
UCR= the believe that the police cant do anything, fear of reprisal, embarrassment
about the crime itself/or fear during
NCVS= false or exaggerated reports, unintentional inaccuracies, forgotten crimes
Murder= unlawful killing of one human being by another=PART 1 OFFENSE
Firearms are 63%
Knives are 13%
Only 13% are committed by strangers – 87% are committed by acquaintances.
27% are the result of an argument
Serial murder – is the killing of more than one person in more than one place.
Mass murder – is the killing of four or more victims in one place. (Virginia Tech. U)
Rape unlawful sexual intercourse achieved through force and without consent.
Forcible Rape The camal knowledge of a female, forcibly and against her will.
Sexual battery the intentional and wrongful physical contact with a person, without
his or her consent, that entails a sexual component or purpose.
Date rape – the unlawful forced sexual intercourse with a female against her will that
occurs within the context of a dating relationship (with someone you know)
Robbery the unlawful taking or attempted taking of property that is in the immediate
possession of another by force or violence. Personal crime involving a fa