crime and criminal justice chapter 1. crime has evolved with the nation: the civil war produced...
TRANSCRIPT
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
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
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
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
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
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