CJS 101:Intro to Criminal Justice

Instructor: Ed Wells

Office: 420 Schroeder Hall

Phone: 438-2989

Hours: 1:00-2:00pm MTuW

Email: ewells@ilstu.edu

Webpage URL: www.ilstu.edu/~ewells/cjs101/cjs101.htm

CJS 101: Intro to Criminal Justice

Textbook:Masters, R.E., L.B. Way, P.B. Gerstenfeld, B.T. Muscat, M. Hooper, J.P.J. Dussich, L. Pincu, & C.A. Skrapec. 2013. CJ: Realities and Challenges (2nd edition). New York: McGraw-Hill.

•Assigned chapters pages listed in class schedule

•Exam Day Error Corrections:Exams 1 & 2: Tuesday Monday;Exam 3: Thursday Wednesday

CJS 101: Intro to Criminal Justice

Exams:–Four exams each covering ~25% of course–In-class, closed-book objective tests–Book and class materials covered equally–80 points first exam, 90 points exams 2 through 4–4th exam is not a comprehensive final (just a 4th exam)

Video Assignments:–Eight in-class videos with short follow-up quizzes on each (timing of videos shown on schedule)–Make-ups?

CJS 101: Intro to Criminal Justice

Grades:–Total of 4 exams + video assignments = 400 points total–Cutoffs: A = 90%; B = 80%; C = 70%; D = 60%–Note: the final point total decides the course grade:

No end-of-semester appeals, deals, or adjustments

Class Web page:–Announcements, handouts, useful links–Exam preparation materials–Notify me if things don’t seem to be there

Gradebook: (on ReggieNet)

CJS 101: Introduction to Criminal Justice

1st Video on “The Real CSI”

Focus on the use of forensic science to make decisions about criminal cases

Concern = most “forensic science” does not meet “standards of science”i.e., they lack:

Objective, well-tested proceduresLack body of rigorous validation studies Error rates are unknown and ignored

CJS 101: Introduction to Criminal Justice

1st Video on “The Real CSI”

Basic CJ problem = need to make decisions with incomplete, imperfect information

•Almost never have complete info & certainty about case

• Have to make inferences and interpretations from what info is available

•Use Decision Matrix to represent possible decisions – both good and bad

Decision/Judgment Matrix

Yes No

YesCorrect Decision

(true positive)Error

(false negative)

NoError

(false positive)Correct Decision

(true negative)

JUDGMENT:Inferred Guilt

ACTUAL: Actual Guilt

Note: What is the issue of “error rates”?

How to make decisions from incomplete info? What methods to use?

1. Rituals, trials and ordeals• Rely on supernatural powers

2. Special people (with special insight)• Rely on oracles, seers, wizards, prophets

3. Popular Vote• Rely on intuition, common sense, custom,

community agreement

4. Science and experts• Special knowledge with more credibility

How to make decisions (cont.)?

4. Science and experts• Special knowledge with more credibility?• What is special about “Science”?

─ How is it different from other knowledge?─ How do we get it?

• What is the difference between:─ Scientific evidence?─ Expert testimony?

• Which is better?• Perspective of “The Real CSI” Video

CJS 101: Introduction to Criminal Justice

Topical Focus of this Course:

•criminal justice (in the US mostly)

Analytical Focus of this Course:• systematic study of CJ as social-political process

• emphasize general patterns rather than unique cases

• emphasize a social systems perspective rather than individual persons

Competing sources of knowledge:

1. Idealized knowledge• How things are supposed to be• Provide reference points

2. Anecdotal knowledge• Based on single incidents and stories• Good for illustration but not generalization

3. Empirical knowledge• Based on empirical data & statistics• Apply social science methods & orientation

Ch. 1: Clarifying basic terms and concepts for describing criminal justice events:

1. Criminal Justice• What does that involve?• How is it different from other social controls?

2. The CJ System• What specifically does that refer to when we

call it a “system”?

3. The CJ Process• What specifically does that mean when we refer

to the “process”?

1. The concept of justice

A. Justice• A condition of things being as they ought to be.• procedures designed to “make things right.”

B. Informal vs. Formal Justice procedures:• Informal: through customs, habits, relationships• Formal Justice: through formalized codes & offices

C. Justice becomes more formalized/codified as society becomes more complex

D. Development of formal legal systems as formal political constructions

1. The concept of justice (cont.)

D. Legal systems for “making things right”):

D. Civil law (personal conflicts) (AKA torts)

E. Administrative law (violations/harms against community) (Regulatory law)

F. Criminal law (crimes against moral-political order society)

E. Criminal Law = basis for criminal justice

= social-political construction

1. The concept of justice (cont.)

Criminal Law = basis for CJ (cont.)

•Types of criminal laws?a) Mala in se laws

b) Mala prohibita laws

•Social organization of criminal law?a) Consensus model

b) Conflict model

2. The notion of the CJ System:A. The idea of a “system”

• “A collection of organized parts that work in combination to accomplish some function.”

• Examples of “systems?”

• Different types of systems? Formal vs. informal

Explicit vs. implicit (functional)

• What does “system” idea do for us? See patterns & interrelations (the “bigger picture”)

Over-simplification & reification

2. The notion of the CJ System: (cont.)B. Major components of the CJ “system”

1. Police (Law Enforcement) ─ identify crimes and apprehend offenders

2. Courts (and Prosecution)─ Charge, adjudicate & sentence offenders

3. Corrections─ Carry out sentences on offenders

C. In most systems these are separate agencies administratively

2. The notion of the CJ System: (cont.)D. Other informal components are part of the

system (e.g., coroner, bail bond services, social services, support services)

E. Actual CJ system = more complex, more diffused, and loosely coupled

3. The notion of the CJ Process:

A. Defn: The formal set of actions & decisions by which criminal cases are created, handled, and resolved.

B. Not really not a single process– Multiple CJ systems

– Different kinds of cases

C. Book depicts simplified, unified, idealized version of CJ process

C. CJ Process involves series of events:1. Criminal action is discovered and reported to CJ system2. The reported crime is investigated3. Suspected offender is identified and apprehended4. Suspected offender is taken into custody (and “booked”)5. Suspected offender is charged with a crime (formal “complaint”)6. Bail/Detention hearing7. Formal Review of complaint by court system8. Arraignment (charged suspect enters a plea)9. Pre-trial events – including plea bargaining10. Trial & verdict11. Sentencing12. Post-conviction appeals13. Correctional custody/supervision14. Release15. Post-Release

3. The notion of the CJ Process (cont.)

D. Actual process may be different in different systems

– Phases can occur in different order

– Steps can be combined, skipped, or added

E. Process may be different for different cases in the same legal system

F. Dominant models of the CJ Process The “Series-of-Filters” model The “Assembly line” model The “Decision-chain” model

© 2013 The McGraw-Hill Companies, Inc. All Rights Reserved.

22

3. The notion of the CJ Process (cont.)

G. Informal CJ process may be different from formal

– Variations at local workgroup level

– Variations on case-by-case basis

– Variations over timeH. Different processes for levels of cases the

“Wedding Cake” model

G. 4 layers involve different case types

H. Top layer gets the most attention (fewest cases)

I. Bottom layer gets the least attention (majority)

Fig. 1-4, p. 15

Reemphasize the difference between:

1. The Formal CJ Process• The way it is supposed to happen

• Represents the “law on the books”

2. The Informal CJ Process• The way things actually take place “in real-

time” actions

• Represents the “law in action”

May not correspond very closely in all cases

Numerous differing perspectives on Criminal Justice, that differ on:

What the CJ System is supposed to accomplish How the CJ System is supposed to work.

----------------------------------------------------Most Influential ones include:• Crime-control perspective• Due Process perspective• Rehabilitation perspective• Restorative justice perspective