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Copyright © 2008 Allyn & Bacon
Criminal Justice, 4Criminal Justice, 4thth Edition Edition
by Jay S. Albaneseby Jay S. Albanese
Chapter 1Chapter 1
PerspectivesPerspectivesOn Criminal JusticeOn Criminal Justice
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any public performance or display, including any public performance or display, including transmission of any image over a network;transmission of any image over a network;
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Any rental, lease, or lending of the program.Any rental, lease, or lending of the program.
Copyright © 2008 Allyn & Bacon
Perspectives on CrimePerspectives on Crime
There are three different perspectives on crime, There are three different perspectives on crime, which, taken together, shape our, overall societal which, taken together, shape our, overall societal response to crime:response to crime:
Media PortrayalsMedia Portrayals
Public PerceptionPublic Perception
Political PerspectivePolitical Perspective
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Media PortrayalsMedia Portrayals
A variety of media influences affect us dailyA variety of media influences affect us daily News reportingNews reporting Internet NewsInternet News MoviesMovies Crime based television shows Crime based television shows
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Media PortrayalsMedia Portrayals
Competition pushes media to highlight sensational, Competition pushes media to highlight sensational, extreme and dramatic casesextreme and dramatic cases
False perception of a serious crime problemFalse perception of a serious crime problem
Minimal chances of becoming victimized in a very Minimal chances of becoming victimized in a very serious violent wayserious violent way
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Public PerceptionPublic Perception
Saturation of exposure to Saturation of exposure to extreme and dramatic extreme and dramatic crime cases influences our belief that we are likely crime cases influences our belief that we are likely to become victims of serious violent crime. to become victims of serious violent crime.
Concern about crime contributes to public Concern about crime contributes to public apprehension and fear and leads to undesirable apprehension and fear and leads to undesirable behavior. behavior.
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Political PerspectivePolitical Perspective
Politicians are elected officials who must appear responsive to Politicians are elected officials who must appear responsive to public concernspublic concerns
‘‘Quick fixes’ Quick fixes’ – rapid passage of specific laws designed to – rapid passage of specific laws designed to address specific criminal behavior (I.e., Megan’s Law)address specific criminal behavior (I.e., Megan’s Law)
Crime Commissions – Politically appointed and legislatively Crime Commissions – Politically appointed and legislatively mandated study groups to address complex, large scale mandated study groups to address complex, large scale crime problems (I.e., 1972 Commission on Marijuana and crime problems (I.e., 1972 Commission on Marijuana and Drug Use)Drug Use)
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What is Crime?What is Crime?
Crime Crime
form of conduct, form of conduct, prohibited by society,prohibited by society,in order to maintain in order to maintain
social controlsocial control
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UniversalityUniversality of Crime of Crime
Emile Durkheim (1895)Emile Durkheim (1895)
Crime is ‘normal’Crime is ‘normal’
Crime occurs in all Crime occurs in all societiessocieties
Crime rates varyCrime rates vary
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Functions of CrimeFunctions of Crime
Emile Durkheim (1895)Emile Durkheim (1895) A. Marks boundary between acceptable & unacceptableA. Marks boundary between acceptable & unacceptable B. Communal feeling—moral ties B. Communal feeling—moral ties C. Social solidarity—outrage against the act and actorC. Social solidarity—outrage against the act and actor D. Way to test legal boundaries and accommodate D. Way to test legal boundaries and accommodate
changechange the the collective consciencecollective conscience
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What is Criminal Law?What is Criminal Law?
a code a code or set of codes or set of codes
that that categorizes all crimes and categorizes all crimes and
punishments punishments by typeby type
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Categories of CrimeCategories of Crime
Violation of law is a crime against societyViolation of law is a crime against society Felony – Felony –
serious crime punishable by serious crime punishable by incarceration for more than one yearincarceration for more than one year
Misdemeanor – Misdemeanor – less serious crimes that are punishable less serious crimes that are punishable
by imprisonment for one year or lessby imprisonment for one year or less
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Historical and Political Historical and Political ContextsContexts
Definitions of crime can be viewed as a reflection of Definitions of crime can be viewed as a reflection of societal development and tolerance for a certain behavior. societal development and tolerance for a certain behavior.
CriminalizationCriminalization – the legislative decision to make a – the legislative decision to make a behavior a crime [e.g., prohibition (war on drugs); behavior a crime [e.g., prohibition (war on drugs); McCarthyism]McCarthyism]
Decriminalization Decriminalization – the legislative decision to remove – the legislative decision to remove criminal penalties and change a crime into a non-criminal criminal penalties and change a crime into a non-criminal actact
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What is Criminal Justice? What is Criminal Justice?
No criminal justice ‘system’ in the United StatesNo criminal justice ‘system’ in the United States
55,000 55,000 different government agencies in the U.S. different government agencies in the U.S. deal with the management of crime and offendersdeal with the management of crime and offenders
These agencies have no legal obligation to These agencies have no legal obligation to cooperate with each othercooperate with each other
51 separate “51 separate “systems”systems”
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Criminal JusticeCriminal Justice
Definition: Definition: The management of The management of
police, courts, and corrections, police, courts, and corrections, and and
the study of the causes of the study of the causes of and treatment for crimeand treatment for crime
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Historical dealing w/Criminal Historical dealing w/Criminal JusticeJustice
Violation of law Violation of law People create a governmentPeople create a government Government creates agencies Government creates agencies From shame and repentance of colonial days From shame and repentance of colonial days
to more reliance on legal resourcesto more reliance on legal resources Society sets up agencies to arbitrate criminal Society sets up agencies to arbitrate criminal
matters leading to matters leading to due processdue process
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Due processDue process
Protection of rights of the individual from Protection of rights of the individual from arbitrary & unjust treatment by the arbitrary & unjust treatment by the government though the legal systemgovernment though the legal system
Purpose: to achieve accuracy and fairnessPurpose: to achieve accuracy and fairness Does the crime control system actually deter Does the crime control system actually deter
or rehabilitate offenders?or rehabilitate offenders?
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Due ProcessDue Process
The use of The use of accuracy, accuracy, fairness, and reliabilityfairness, and reliability in criminal procedure to in criminal procedure to protect individual rights protect individual rights in the United Statesin the United States
Legal protection Legal protection provided for by the provided for by the 55thth AmendmentAmendment