Introduction to Criminal Justice- Chapter 1
Introduction to Criminal Justice- Chapter 1 CORR 106
Minnesota State University, Mankato
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This 8 page Class Notes was uploaded by Autumn R on Thursday January 14, 2016. The Class Notes belongs to CORR 106 at Minnesota State University - Mankato taught by Jessica, Mclaughlin in Spring 2016. Since its upload, it has received 133 views. For similar materials see Introduction to Criminal Justice Systems in Criminology and Criminal Justice at Minnesota State University - Mankato.
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Date Created: 01/14/16
Introduction to Criminal Justice- Chapter 1 Monday, January 18, 2016 1:39 PM Reading: Balancing Public Safety and Unalienable Rights It is important for society to have a set process when there appears to be a conflict over due process rights or over what should or should not be legal behavior when one party has to compromise Society uses different ways to balance conflicting rights and social valued o Informal and formal sanctions Informal sanctions include social norms that are enforced through the social forces of the family, school, government, and religion Formal sanctions include laws found within the criminal justice system o System of social control Maintain order and regulate interactions Most effective where this is cultural and social support from all control agencies Limited Powers of Government John Locke argued that all people have "natural rights" o Given to people by a power higher than the government, something people cannot be deprived of o Preserve individual liberty o Big influence on Thomas Jefferson when drafting the Declaration of Independence Crime Control Versus Due Process Checks and balances Due process rights are the rights guaranteed to people by the constitution and its amendments Crime control (public-order) model of criminal justice is the emphasis on efficient and effective justice Due process model of criminal justice is the emphasis on ensuring that individuals are protected from arbitrary and excessive abuse of power by the government o In the search for crime control and public order, the government is bound to follow certain rules and procedures Ex. Someone's rights are violated, the courts can refuse to prosecute the offender ex. Miranda vs. Arizona o Court mandated the specific due process rights that law enforcement must follow in arrest and interrogation of accused people The model reflects belief in the saying that it is better that a guilty person should escape the punishment of justice than an innocent person be wrongfully punished The Structure of the Criminal Justice System At one time, after rising crime rates, the justice system was broken and President Lyndon Johnson appointed a commission called the President's Commission on Law Enforcement and Administration of Justice to examine, describe the process, and make recommendations to improve the criminal justice system The commission made a report titled The Challenge of Crime in a Free Society which concluded that the system was composed of two things o 1) the agencies and people involved in the criminal justice system o 2) the processes and flow of the criminal justice system also determined that the system is dynamic and constantly adjusting and changing Important to recognize that the system is not a single system, but is composed of the criminal justice system of each of the 50 states and the federal criminal justice system Significant component of federal, state, and local governments Agencies in the Criminal Justice System Divided into 1 Law enforcement 2 Prosecutors and the courts 3 The probation and parole agencies 4 The jails, prisons, and other correctional agencies Dual Criminal Justice System The federal government and the states each have the power to create their own semiautonomous criminal justice system Great diversity between the states Picket fence model: an analogy that describes the three horizontal boards in the fence as the local, state and federal government while the vertical boards are the various criminal justice agencies such as law enforcement, courts, and corrections Checks and balances: the balance of authority exercised over other agencies and the authority of agencies to void actions of other criminal justice agencies Five stages- refer to book page 7 Ex. Appeal The Criminal Justice Process Despite the different processes and laws between the states, there is a commonality as governments must ensure that accused people are treated in accordance with the rights proscribed by the Constitution and that their journey through the criminal justice system is without bias and conforms to the guidelines provided by the Constitution and the U.S. Supreme Court Input-output model: how people are processed into the criminal justice system and then move through the system until they exit from it Entry into the System Arrest means that law enforcement can restrict the freedom of people by taking them into custody Booking is the process that occurs when law enforcement formally accuses a person of committing a crime Purpose is to 1) establish identity and 2) to charge the person with violation of the law Prosecution and Pretrial Services Question: is the evidence sufficient enough? Process of all of the steps is to insure the due process rights of the defendant First Appearance Accused is advised of their legal rights Magistrate has to determine whether the accused has legal representations Bail may be set Bail is a promise that the accused will return for further proceedings in the criminal justice system The Path to Indictment Indictment: formal, written legal document forwarded to the court, asserting probable cause that the defendant committed an offense Authorizes the court to issue an arrest warrant, defendant must plead guilty or not guilty Two ways Preliminary hearing(probable cause hearing): a court hearing before a magistrate judge in which the prosecution must convince the judge that there is probable cause Grand jury: legal procedure that resembles a trial o Rules differ in states o True bill: determined if the prosecutor is successful and the grand jury does not determine guilt Adjudication The arraignment hearing is where the charges are read and the defendant is asked whether he or she pleads guilty or not guilty Sentencing Occurs after the defendant is found guilty Sentence is announced at a sentencing hearing wherein both the prosecutor and the defendant's counsel can challenge the sentence and the information presented by the presentence investigation report Corrections The facility where the defendant is placed under the supervision of probation officials Exit, Recidivism, and Multiple Dimensionality of the Criminal Justice System Wrongful conviction = release Insufficient evidence= release Prosecutor fails to win an indictment at a preliminary hearing= exit system The Changing Criminal Justice System Some intentional forces and some unintentional influences such as technology inventions and social changes The Civil Rights Movement Slave patrols: ,made of organizations of free white adults, who were responsible for controlling, returning, and punishing runaway slaves Sometimes recognized as the first modern police organization Brown v. Board of Education of Topeka see book page 12 Civil Rights Act of 1964 see book page 12 Jim Crow Laws( black codes) || 1972 Equal Employment Opportunity Act || Montgomery Bus Boycott || Protests and the Vietnam War Domino theory: claimed that the fall of Vietnam to communist rule would be followed by the fall of another and then another country- until democracy itself would be threatened by communist insurgency The War on Crime Series of federal presidential commissions to study crime and justice and to recommend suggested reforms to restore public confidence Found the fear of crime decreased satisfaction and quality of life Recognized importance of crime prevention Omnibus Crime Control and Safe Streets Act of 1968 Law Enforcement Assistance Administration(LEAA) Law Enforcement Education Program (LEEP) The Rise of Concern over Homeland Security War on terrorism was created by George w. Bush to exert powerful forces for change Enemy combatants lose all due process rights normally given to people accused of a crime Due Process Rights Fourteenth amendment is sometimes called the due process amendment Substantive due process refers to the constitutionality of laws Procedural due process refers to the process and procedure the government can use to seek a conviction for violation of a law Due Process Rights and the U.S. Supreme Court State constitutions might grant the accused due process rights independently from the U.S. Constitution Landmark decisions define rights The federal and state courts must recognize even if the law or previous court decisions do not recognize the right Due Process and Liberal versus Conservative Courts More emphasis on crime control than due process Due Process Rights of the Accused Due process rights protect the accused against abuse of power by police, prosecutors, courts, and corrections Protected by the misuse of power of the government that could be brought to bear in prosecuting the individual Presumption of innocence: court proceeds on the presumption that until the guilt of the accused is proven beyond a reasonable doubt in a court of law, the defendant is treated as if he or she is not guilty of the charges in regard to the rights afforded to individual What is Criminal Justice Refers to… the study of the processes involved in a system of justice the people who perform these tasks The scope and nature of the system The public policy, laws, and regulations that shape the administration of outcomes of a criminal justice system Today includes many fields such as counseling, forensic science, law, medicine, psychology, science, and sociology Notes off PowerPoint: We learn what is normal based off the social institutions we attend Societies Seek Balance The criminal justice system is a formal system of social control The goal is to maintain order and regulation of interactions while ensuring safety Sanctions for Enforcing Norms Formal Criminal Justice System o Laws o Court o Police Informal Teachers Parents Religious groups We aren't all the same USA prides itself on diversity in race, religion, ethnicity, and values Natural Rights vs. Government Control Government has to decide which rights are acceptable Rights vs Laws Conscientious objection to killing → exempt from combat service Immunizations→ certain groups exempt Gathering eagle feathers → native americans for ceremonial purposes " law without order is anarchy, but order without law is tyranny" *crime control cannot be achieved at the expense of constitutionally protected liberties Crime-control Model vs Due Process Model Due Process Model Government checks and balances Government needs to follow certain rules and guidelines Conviction can be voided if person's rights are violated Crime-control Model Focus on crime control Focus on swift and harsh justice Balance Miranda v. Arizona 1966 Court mandated specific due process that LE must follow in arrest and questioning Reflects belief that is better that a guilty person escape the punishment of justice than an innocent person be wrongfully punished The Criminal Justice System as an Institution 2.5 million people employed Law enforcement Prosecutors and the courts Probation and parole agencies Jails, prisons, and other correctional agencies MN Doc Facilities Classification levels(adult) 2-Minimum 3-Medium 4-Close 5-maximum MN Juvenile Doc Facilities MN Department of Corrections operates on juvenile facility, the MN Correctional Facility-Red Wing, which provides treatment, education and transition services for male juvenile offenders either as a condition of court-ordered probation or as the result of having been committed to the commissioner or corrections
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