Crime and Criminal Justice

Chapter 1

Crime has evolved with the nation:

The Civil War produced widespread business crime.

From 1900 to 1935 the nation experienced sustained increases in

criminal activity dominated by Depression-era criminals.

Crime is not a recent phenomenon

To deal more effectively with crime and criminals, the Criminal

Justice system needs more:

Time

Money

People

Crime Commission Recommendations

Gave $7.7 billion to states to deal with crime

Contributed to increased numbers of people working in criminal

justice

Helped invent what is known as criminal justice

Law Enforcement Assistance Administration (LEAA)

55,000 different public agencies

$150 billion annual budget

2 million employees

20,000 police agencies

17,000 courts

The Criminal Justice System: Size and Expense

Exhibit 1.1 Components of the Criminal Justice System

8,000 prosecutorial agencies

6,000 correctional institutions

3,500 probation and parole departments

15 million arrests per year

Correctional population of more than 5 million

The Criminal Justice System: Size and Expense

Maintain order

Enforce criminal & traffic law

Provide emergency service

Create a sense of community safety

Role of the Police

To seek truth & obtain justice

To adjudicate & sentence

Consists of

lower courts

superior courts

appellate courts

Role of the Courts

Opponents in an adversarial system

Prosecutor represents the people

Defense represents the accused

Prosecution and Defense

Represents the government

Usually a local attorney with

jurisdiction limited to county or state

Either elected or appointed position

Presents the state’s case from

defendant’s arrest through conviction

and sentencing

Screens cases to eliminate the

obviously innocent or those lacking evidence

The Prosecutor

Role involves two major functions:

Protecting the constitutional rights of the

accused

Presenting the best possible legal defense for

the defendant

The Defense Attorney

Community supervision

Probation

Confinement

Parole

Role of Corrections

Figure 1.4 The Criminal Justice Funnel

Exhibit 1.4 The Interrelationship of the Criminal Justice System and the Criminal Justice Process

Figure 1.3 The Critical Stages of the Justice Process

All crimes are not treated the same by the criminal justice system.

All criminals are not treated the same by the criminal justice system.

Much of the public has a distorted understanding about criminal

justice processes.

Realities of Crime

Figure 1.5 The Criminal Justice “Wedding Cake”

A perspective is a “view point” about a given subject. It normally

reveals one’s understanding about the relationship among various

aspects of a subject, both to each other and to the topic as a whole.

A perspective about the causes of crime, the nature of criminals, the

functions of government, and the rights of victims is one of the

foundations on which public policy is based.

Perspectives on Justice

Figure 1.6 Perspectives on Justice: Key Concerns and Concepts

Proper role of criminal justice is to prevent crime through judicious

use of sanctions.

If criminal justice operated effectively, criminals would be deterred.

The system could punish in such a way to make all believe that

“crime doesn’t pay.”

Focus of justice should be on the victim.

Crime control measures should be sure & swift.

Crime Control Perspective

Mandatory sentencing

“Three strikes and you’re out”

Preventative detention

Abolition of parole

Effects of the Crime Control Perspective

The justice system should be a means of caring for and treating

people who cannot manage themselves.

Crime is an expression of frustration and anger created by social

inequality.

Crime can be controlled by giving people the means to improve their

lives through conventional endeavors.

Rehabilitative Perspective

In contrast to the Crime Control Perspective, focus is on the

offender.

Societal conditions will breed new criminals.

Pay now by treatment or later by more prisons.

Rehabilitative Perspective

Exclusionary rule

Right to attorney at all stages of the process

Due process rights given to juveniles

Granting prison inmates fundamental legal entitlements

Effects of the Due Process Perspective

Limit the involvement of the criminal justice system with defendants

whenever possible.

Long-term effects of involvement are harmful to the individual.

Nonintervention Perspective

Nonintervention Strategies:

Decriminalization of “victimless crimes”

Deinstitutionalization of nonviolent offenders

Pretrial Diversion for first time offenders

Nonintervention Perspective and Net Widening

Combines:

Liberal Perspective

Fairness, equality, and strict control of discretion

Conservative Perspective

Crime control

Justice Perspective

One of the major goals is to reduce sentencing disparity

Advocates determinant sentencing

Advocates use of sentencing guidelines

Advocates abolition of parole

How Does the Justice Perspective Limit Discretion?

The true purpose of the criminal justice system is to promote a

peaceful and just society.

The justice system should aim for peacemaking, not punishment.

Restorative Justice Perspective

Figure 1.7 Strategies for Controlling Drugs

Mediation and conflict resolution

Financial and community restitution programs

Restorative Justice Strategies

Arguments for legalization

Prohibition failed

More die from legal drugs

When drugs were legal, many managed to lead normal lives

The Netherlands is relatively crime-free

Arguments against legalization

If it worked, it would only be short-term

Long-term result would be more users

Current users could increase intake

Legalizing won’t stop the problems, e.g., DWI

Nonintervention Strategies – Legalization of Drugs

Combines elements of the liberals’ concern for the individual with the

concept of legal fairness guaranteed by the Constitution

Provides fair and equitable treatment to those accused of crime

Advocates strict monitoring of discretion by justice officials to ensure

no one suffers racial, religious or ethnic discrimination

Due Process Perspective