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 facetoface
confrontation between victim and perpetrator. Weapons may be used or strongarm
robbery may occur through intimidation.
Larceny= NO HARM DONE, example, if you walked away from your book bag and
came back and it was gone (stolen).
Assault two types:
1. Simple (misdemeanor) – pushing and shoving, fistfights battery
2. Aggravated (felonious) –weapons are used or medical assistance.
Burglary – property crime – the unlawful entry of a structure to commit a felony or a
theft. 1. Entry of an unlocked structure
2. Breaking and entering
3. Burglary has been attempted
Identity Theft – newer type of crime – a crime in which an imposter obtains key pieces
of information – SSN/license
LarcenyTheft taking or attempting taking, carrying, leading or riding away of
property form the possession of another. (back pack)
NIBRS National Incident Based Reporting System
Incident Driven – rather than summary based
1. Includes place
3. Nature of the disposition of the complaint
Arson any willful or malicious burning or attempt to burn, with or without intent to
defraud, a dwelling house, public building, motor vehicle or aircraft, personal property
and so on. (PETER)
PART 2 OFFENSES
Less serious than those that makes up the Part 1 offenses category.
Fraud, runaways, liquorlaw violation, vandalism, forgery and
counterfeiting, weapons, embezzlement, prostitution, stalking
Dark Figure of Crimes – crime that is not reported to the police and that remains
unknown to officials.
Stalking Repeated harassing and threatening behavior by one individual against another,
aspects of which may be planned or carried out in secret.
Cyberstalking The use of internet, email, and other electronic communication
technologies to stalk another person.
Crime typology is a classification scheme used in the study and description of criminal
Crime against the elderly
Victimization seems to declines with age.
10,000 murders in the US by using gun – typically a year.
2/3 of American people believe that increasing restrictions on guns will prevent crime. Hate Crimes Criminal offence committed against a person, property or society that is
motivated in whole or in part by the offender’s bias against a race, religion, disability,
sexual, orientation, or ethnicity/national origin.
Women are more likely to be the victim of a sexual assault.
Corporate crimes Violation of criminal statute by a corporate entity or by its
Whitecollar crime violation of the criminal law committed by a person of
respectability and high social status in the course of his or her occupation.
Organized crime Mafia – activities of the members of a highly organized, disciplined
association engaged in supplying illegal goods or services.
Transnational organized crime unlawful activity undertaken and supported by
organized criminal groups operating across national boundaries.
State prison – violent crimes
Federal prison – drug crimes
HighTechnology and Computer Crime
Malware – COMPUTER VIRUSES, WORMS
Computer Crimes – cyber crimes or information technology crimes – use computers as
tools in crime commission.
Computer virus – designed to secretly invade systems and either modify the way they
operate or the information they store.
Spam – unsolicited commercial bulk email whose primary purpose is the advertisement
or promotion of a commercial product or service
A violent act or an act a dangerous to human life in violation of the criminal law
of the US or of any state to intimidate a government.
Domestic terrorism Use of force or violence by a group or an individual who is based
and operates entirely within the US and its territories without foreign direction and whose
acts are directed against elements of the US gov. or pop.
International terrorism – use of force or violence by a group of individual who has
some connection to a foreign power or whose activities transcend national boundaries
against people in order to intimidate a gov., population or social objectives. Cyber terrorism makes use of high technology in planning and carrying out a terrorist
attack (computers and internet)
Chapter 3; Criminal Law
Law mandates or proscribes a certain behavior and can be a product of rule
creation, a guide for people’s behavior or both.
Natural law certain things that are obvious are WRONG from right ▯killing a
Statutory law “law of the books”, as enacted by a government body or agency
having the power to make laws.
Penal code the written, organized and complied form of the criminal laws of
What do laws do?
1. Maintain order in society
2. Regulate human interaction
3. Enforce moral beliefs
4. Define the economic environment
5. Enhance predictability
6. Support the powerful
7. Promote orderly social change
8. Sustain individual change
9. Redress wrongs
10. Identify wrongdoers
11. Mandate punishment and retribution
Without civil law, people would not know what to expect form one another nor would
they be able to plan for the future with any certainty.
Without criminal law, people wouldn’t feel safe because the more powerful could take
what they wanted from the less powerful.
Without constitutional law, people could not exercise the basic rights that are available
to them as citizens of a free nation.
Mala in se
Evil and wrong in themselves
Stealing from people
Wrong because the law says it’s wrong
Speed limits / drinking ages The development of law
Code of Hammurabi
Early roman law
o Unwritten body of early judicial opinion developed by English
The Magna Carta
The US Constitution
o It is the final authority in all questions pertaining to the rights
of individuals, power of the fed governments and the state to
The cornerstone of our Western way of life:
No body is above the law and everyone is treated the same under the law. The rule
of law holds that an orderly society must be governed by established principles and
known codes that are applied uniformly and fairly.
Rule of law “supremacy of law” – centers on the belief that an orderly society must be
governed by established principles and known codes that are applied uniformly and fairly
to all of its members.
1. Freedom from private lawlessness provided by the legal system of a
politically organized society
2. A relatively high degree of objectivity in the formulation of legal norms and a
like degree of evenhandedness in their application
3. Legal ideas and juristic devices for the attainment of individual and group
objectives within the bound of ordered liberty
4. Substantive and procedural limitations on government power in the interest of
the individual for the enforcement of which there are appropriate legal
institutions and machinery
Jurisprudence is the philosophy of law or the science and study of the law – including
rule of law.
Types of Law
o Proof beyond a reasonable doubt
o Different jurisdictions have the ability to enforce limitations.
(DWOOD NOT BEING ABLE TO CUT DOWN TREES)
Case law o When courts make decisions, they are bound by their previous
o Concept of the procedures to get a search warrant, make an
Common law the traditional body of unwritten historical precedent created from
everyday social customs. – Unwritten body of early judicial opinion developed by
Criminal law penal law, refers to the body of rules and regulations that define and
specify the nature of and punishments for offenses of a public nature of for wrongs
committed against the state of society. INJURES SOCIETY AS A WHOLE, not just
Substantive criminal law the part of the law that defines crimes and specifies
Procedural law the part of the law that specifies the methods to be used in enforcing
substantive law. ▯search warrant, arrest, parole, etc.
Civil law the branch of modern law that governs relationships between parties.
Violation of civil law = Tort a wrongful act, damage, or injury not involving a
breach of contract. – a private or civil wrong.
The result is often loss of money. Ex hitting someone’s car.
Administrative law rulings are made by government agencies. This type of law is not
usually directed at criminal violations.
Cannot go to jail for it. ex= if you did not obtain a permit and built a deck on
your house when you needed a permit ▯you will have to pay a fine.
Case law law that results from judicial decisions. Once the court makes a ruling on a
case, cases that come after that with similar evidence, they have to follow the initial
▯serves as a guide to decision making.
Stare Decisi the Supreme Court has to be consistent in its rulings and if it is
changing there must be a reason and explanation.
The 5 Categories of Crime
a. Service in a State prison 2. Misdemeanors
a. Service for a year or less ▯ county jail
a. Not yet criminal ▯speeding
4. Treason & espionage
a. Crimes against the country
5. Inchoate offenses
a. Steps towards the completion of a crime – attempted breaking and
Felony A serious crime that is punishable by a year or more in prison or by death.
Fines may be levied
Misdemeanor less serious than a felony
Usually punishable by up to a year in a county jail. (some states allow
up to two years)
o Fines can also be levied
Treason crimes against a nation
Inchoate offenses offense that is not yet committed.
8 General Features of Crime
1. Actus Reus = Criminal Act
2. Mens Rea = A Guilty Mind
3. Concurrence (Mind and Act Together)
4. Causation (Link between act and harm)
5. Harm (how many people were impacted)
8. Necessary Attendant Circumstances
All crimes have:
Actus Reus – “The Guilty Act”
Thoughts alone are not sufficient to constitute a crime
o In some instances, speech can constitute a crime even though
there is not physical actions (screaming FIRE)
Mens Rea “The Guilty Mind”
Intent to commit a crime
Based on assumption that people have the ability to make reasonable
decision about right and wrong
o ex; age prevents them from understanding Concurrence a guilty mind and guilty act work together
Reckless behavior is activity that increase the risk of harm.
Criminal negligence a person who acts negligently and thereby endangers others may
Motive a person’s reason for committing a crime
Strict liability without fail or intentions. Strict liability offenses do not require mens rea.
Legal cause legal recognizable cause. A legal cause must be demonstrated in court in
order to hold an individual criminally liable for causing harm.
Ex post facto “after the fact” – states laws are not binding, ▯which means a law cannot
be created tomorrow that will hold someone legally responsible for something they did
Attendant circumstances – facts surround an event.
Certicrari – a write that allows an appellate court to review the record of a lower court
Elements of a Crime
The elements of a specific crime are different than the general feature shared by
These are the essential features of a given crime, as a specified by law or statute
Example: firstdegree murder requires
1. An unlawful killing of a human being intentionally by another person with
Corpus Delti == body of the crime
1. Alibi – the story/statement
2. Justifications – self defense, attempt to save another person
3. Excuses personal condition was occurring at the time and the defendant
should not be help responsible
a. Alter ego rule a rule of law that holds that a person can only defend a
3 party under circumstances and only to the degree that the third part
could legally act on his or her own behalf.
b. Duress an unlawful threat or coercion used by a person to indeuce
another to act in a manner he or she otherwise would not.
4. Procedural Defenses – ex; rights weren’t read when they were supposed to be
b. Double jeopardy
c. Collateral estoppel d. Selective prosecution
Chapter 4: Policing; Purpose and Organization
The purpose of policing in democratic societies:
Preventing and investigating crimes
o Crime prevention is a proactive approach to the problem of
crime – it is the “anticipation, recognition and appraisal of a
crime risk and initiation of action to remove and reduce it”
o The arrest or take into custody
Protecting and aiding the public – provide the community with the
needed enforcementrelated services
o Compstat – a crime analysis and police management process
built on crime mapping that was developed by the NYPD
Ensuring domestic peace and tranquility o Quality of life offen (petty crimes) are minor law violations
that demoralize residents and businesspeople by creating
disorder or by reflecting social decay.
Enforcing and supporting the laws
o Police officers not only have to enforce the laws but also
support them. Their personal actions of law enforcement
personnel should be exemplary and should inspire others to
respect and obey the law.
Each agency has their own objectives and goals.
Three levels of policing:
a. 105k full time officers
2. State (some of
a. 82k full time officers (70% sworn)
3. Local (city, township police departments)
a. 581k full time officers (80% sworn)
Federal law enforcement agencies
Department of the Treasury (people who don’t pay ta