CRIMINOLOGY 1OO CRIM 100
Popular in Introduction to Criminal Justice
Popular in Criminology and Criminal Justice
This 6 page Class Notes was uploaded by Patricia Miranda on Thursday September 15, 2016. The Class Notes belongs to CRIM 100 at George Mason University taught by Michelle R Nuneville in Fall 2016. Since its upload, it has received 4 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at George Mason University.
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Date Created: 09/15/16
9/6/16 ★ Public cooperation = public acceptance ★ 18,000 law enforcement officers and about 10% should not be police officers HISTORY OF CRIME IN AMERICA ● Crime control has been a primary concern of politicians and government leaders worldwide ● The American experience with crime over the past 50+ years has helped to shape the modern criminal justice system ● Crime waves have come and gone throughout history ● The criminal justice system has a lot of power ● Three things that the criminal justice system does ➔ Arrest ➔ Convict ➔ Imprison ● The CJS can also decide who lives and who dies 18501880 ➢ civil war, immigrants coming into the US, New York: gang violence, ➔ Immigration and the Civil War produced a crime epidemic due to social upheaval 19201933 ➢ prohibition, organized crime, American crime remained stable until the 1960 ➔ Prohibition and Organized Crime activity going on during this time. American crime rates remained relatively stable until the 1960’s 19601970 ➢ civil rights, rapes and assaults increased, ➔ Civil Right’s Movement led to increased emphasis on individual rights. This led to an increase in reported criminal activity. Crimes such as murder, rape and assault increased substantially. Analysts thought that the combination of newfound freedom and long pent up hostilities of social and economic deprived produced social disorganization which increased criminality. 1980 ➢ war on drug period ➔ Drug increase of cocaine and crack which led to an increase in crime. “War on Drugs” which many credit with changing the face of those who were arrested and increased the corrections population. By the 1990’s, the civil rights movement had affected all areas of social life; from education and employment to the activities of the Criminal Justice System 1990 ➢ public wanted to grab criminals and stop constructing prison like hotels, “get tough on crime” ➔ The LAPD Rodney King incident spurred crime. The benefit of the Rodney King case was the policies and procedures of law enforcement were captured on video tape and put under an intense public microscope ➔ 1990’s “get tough on Crime” campaign Society wanted accountability for criminals. The public “wanted to grab violent criminals by the throat, put them in prison and stop building prisons like Holiday Inns.” 2001 ➢ law enforcement involves a global effort to protect citizens, understanding diver culture can help prevent terrorism ➔ The attacks of Sep. 11,2001, made it clear the law enforcement involves a global effort at controlling crime and reducing the risks of injury and loss to law abiding citizens, both at home and abroad. The attacks showed that criminal incidents that take place on the other side of the world can affect those of us living in the U.S and can illustrate how the acquisition of skills needed to understand diverse cultures can help in the fight against crime and terrorism. ➔ After the events of Sep.11, 2001 U.S Patriot’s Act changed how we viewed “racial profiling and “privacy” and forced us to reexamine the issues of individuals rights and public order 20022009 Class notes Textbook/teacher notes 9/6/16 ➢ Sarbanes Oxley Act of 2002 ➢ In response to numerous corporate failures in the private sector and a loss of confidence in accountability, the SarbanesOxley Act was enacted in 2002 ➢ The Act includes significant reforms intended to strengthen auditor independence and to improve audit quality ➢ Government auditors and financial professionals must get the message form the SarbanesOxley Act reforms, and seize the opportunity ➔ 20022003: increase in white collar crimes; unscrupulous business executives who knowingly falsified financial reports. Then President Bush signed the SarbanesOxley Act, a piece of legislation affecting corporate governance, financial disclosure and the practice of public accounting. The intention of this act was to hold business executives accountable for their actions and to deter corporate fraud. These changes came as a result of a declining stock market, shaken investor confidence and threats to employee's pension plan. 20122016 ➢ crime is low but mass shootings have increased, financial fraud, and criminals who have the technology to hack anyone ➔ 2012present lower crime rates; increase in mass shootings; increase in murder in large cities. More innovative ways of committing crime such as Internetbased crimes; financial fraud and criminals that can gain access to digital information. Internetbased transactions are responsible for a significant level of criminal activity in the virtual world Individual Rights VS. Public Order ● Individual Rights: protections of personal freedom within society and within the criminal justice process ● Public Order: advocates are those that believe that under certain circumstances involving criminal threats to public safety., the interest of society, especially crime control and social order should take precedence over individual rights ➔ The Civil Rights Era of the 1960’s and the 70’s led to the recognition of personal rights which have been previously denied illegally to many people including those of race, ethnicity, gender, sexual preference or disability. The Civil Rights Movement also expanded to rights of criminals, suspects, parolees, prohibitions, prison and jail inmates and victims Criminal Justice and Basic Fairness ● Justice principle of fairness; the ideal of moral equality ● Social injustice is an idea that embraces all aspects of civilized life; linked to notions of fairness and beliefs of right and wrong ➔ Examples include relationships between individuals; between parties (corporations and agencies of government); between the rich and the poor and between the sexes, minorities and ethnic groups. ● Civil justice a component of social justice ❏ Fairness in relationships between citizens, government agencies and businesses in private matters such as contractual obligations, business dealings, hiring and equality of treatment American Criminal Justice System & Functions ● Consensus Model ➔ Assumes that the CJS components are working together to achieve justice ➔ Systems police, courts, corrections) cooperate and there is a smooth movement through the system ➔ Model criticized for implying that there is more organization and cooperation than exists ● Conflict Model ➔ Assumes goals of CJS components conflict, leading to a criminal justice “nonsystem” ➔ Justice is a product of conflict, not cooperation In the book, they give an example of the conflict model clearance rates. Examples of burglar that police got him to confess to additional burglaries to “beef” up their clearance rate and told the burglar that if he did confess to additional burglaries, the police would help him out. Win/win situation. Class notes Textbook/teacher notes 9/6/16 Another example given is police want to arrest people, courts may not necessarily try everyone and corrections with overcrowding conditions may not want to keep prisoners. American Criminal Justice System What are the three components of the American Criminal Justice system? Police, Courts and Corrections. Page 13 has a diagram (3.1) on the three components Police – enforce the laws Criminal Courts – conduct fair and impartial trials Corrections – carry out sentences imposed by the courts American Criminal Justice System Process Investigation and Arrest •Investigation – the start of the modern justice process. What entails an investigation? Crime committed; evidence gathered; followup investigation to reconstruct the sequence of events; identify suspects. Miranda v Arizona – Miranda warnings must be given before questioning. •Warrant – writ issued by a judicial officer directing a LEO to apprehend suspect(s) •Arrest – person being taken into custody; limiting the arrestee’s freedom. Taking away someone’s freedom is a serious step in the CJS process. During arrest and before questioning, the defendant is advised of their constitutional rights or Miranda rights. Only about half of all people arrested are convicted and of those, only ¼ are sentenced to a year or more in prison. •Booking – Following arrest, suspects are booked. Booking is an administrative procedure where photographs, fingerprints and personal information is obtained. In some jurisdictions, DNA evidence may be collected from arrestees. Pretrial Activities •First Appearance – within the first few hours of an arrest, the arrestee is brought before a Magistrate or judge to hear a formal notification of the charges. The defendant is advised of their rights; given the opportunity to retain a lawyer or have one appointed to represent them; may be released to their own care or arrange for bail. •Preliminary Hearing – to establish whether sufficient evidence exists against a person to continue the justice process. The hearing judge in a preliminary hearing, will seek to determine if there is probable cause to believe; 1. a crime has been committed and 2. the defendant committed the crime. Probable cause A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime. Also, reasonable grounds to make or believe an accusation. Probable cause refers to the necessary level of belief that would allow for police arrests of individuals and full searches of dwellings, vehicles and possessions. A preliminary hearing also allows the defense to assess the strength of the prosecution’s case. If the defense attorney thinks that the evidence is strong, they may suggest that a “plea bargain” be arranged. •Indictment or Information – Information is a formal written accusation submitted to the court by the prosecutor, alleging that a specified person has committed a specified crime. This is usually done after the outcome of the preliminary hearing. Some states require an indictment be returned by a grand jury before prosecution can proceed. The United States is the only jurisdiction that continues to use a Grand Jury to screen criminal indictments. A grand jury is made up of approximately 12 – 23 members. A grand jury hears evidence from the prosecutor and decides whether the case should go to trial. The grand jury has a lot of power in that they determine whether probable cause exists to charge the defendant formally with the crime. Can a grand jury return an indictment only on a unanimous vote? No The grand jury system has been criticized for being onesided meaning that the defense does not get the opportunity to present evidence, only the prosecutor. In defense of the grand jury system, defendants who are clearly innocent will not likely be indicted. This saves time and money by preventing cases lacking evidence from further proceedings by the CJS. Class notes Textbook/teacher notes 9/6/16 •Arraignment – a hearing before the court having jurisdiction in a criminal case. The accused stands before the judge and hears information against him. The defendant is again notified of their rights and is asked to enter a plea. Pleas include: guilty, not guilty, no contest. What does “no contest” or “nolo contendere” mean? A defendant does not dispute the facts; may result in a conviction. •Adjudication – criminal trial may be held, involving the prosecution and defense attorneys. In most trials, the jury hears the evidence and decides issues of guilt or innocence; the judge’s role is to ensure the fairness of the proceedings. The Sixth amendment to the constitution states that every criminal defendant has a right to a trial by jury. Petty offenses are not covered under the Sixth Amendment. Most cases are dealt with through plea bargaining, not trial. A defendant may waive the right to a jury trial and be tried by a judge which is called a “bench trial”. •Sentencing – Once a person has been convicted, the judge imposes some form of punishment; supervised probation, a fine, prison term or combination. A sentence hearing may be held which allows attorneys from both sides to present information to influence the judge’s decision on punishment. Judges can impose various sentences; consecutive sentencing which is when an offender is found guilty of more than one charge; may be ordered to service one sentence after another is completed. Concurrent sentence is when sentences will run at the same time. Many convictions are appealed. •Corrections Begins after sentencing. Corrections involves a variety of sentences that can be imposed on a defendant. •Reentry – not everyone sentences for a crime(s) ends up in prison. Community service, probation are other forms of sentencing. Due Process ● Due Process = Procedural fairness ● Required by the United States Constitution ● Recognizes individual rights of criminal defendants ● Violation of “due process” may lead to dismissal of evidence or criminal charges ● Underlies the first ten amendments to the Constitution; also called the Bill of Rights ● Specifically guaranteed by the 5 , 6 and 14 amendments Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment XIV All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Specific decisions concerning due process include: Gideon v. Wainwright Class notes Textbook/teacher notes 9/6/16 Role of Courts in Defining Rights ❖ Rights can be open to interpretation ❖ Modern rights would not exist in practice if the U.S. Supreme Court had not recognized them in cases ❖ Decisions rendered by the U.S. Supreme Court may carry as much weight as legislative action ❖ Judgemade law vs. legislative law Judgemade law vs. legislative law means that the Supreme Court judges made the laws vs. a legislative law. Crime Control through Due Process ❖ Two primary goals of Criminal Justice system: ❖ Enforcement of the law and maintain public order ❖ “Crime Control Model” which values efficient arrest and conviction ❖ Herbert Packer – Packer’s Crime Control model ❖ Protect individuals from injustice at the hands of the criminal justice system ❖ “Due Process Model” which emphasizes individual rights (“procedural fairness”) ❖ Innocent people are not convicted of crimes ❖ Careful consideration of the facts of each individual case ❖ Police are required to recognize the rights of suspects during arrest, questioning and handling of evidence ❖ Prosecutors and judges are required to recognize constitutional and other guarantees during the trial and presentation of evidence Critics argue that crime control and due process models are opposing goals. Some argue that the practice of justice is too often concerned with crime control at the expense of due process. Others argue that our type of justice babies offenders and does little to protect the innocent. EvidenceBased Practice in Criminal Justice ❖ Crime fighting strategies that have been scientifically tested and are based on social science research Evidencebased strategies does not mean “evidence of a crime” but means instead, findings that are supported by studies The Center for EvidenceBased Crime Policy (CEBCP), housed within the Department of Criminology, Law and Society at George Mason University, seeks to make scientific research a key component in decisions about crime and justice policies. The CEBCP carries out this mission by advancing rigorous studies in criminal justice and criminology through researchpractice collaborations, and proactively serving as an informational and translational link to practitioners and the policy community. CEBCP was founded in 2008. Academic Discipline of Criminal Justice ? 1920’s – August Vollmer (18761955) ? Los Angeles Police Chief ? Pioneer in getting criminal justice classes offered at the local university ? Improved police training = more professional police work ? 1970’s Criminology ? study of causes and prevention of crime and the rehabilitation/punishment of offenders ? National Institute of Justice (NIJ) created ? Support research in the CJ field through funding and research ? 2011 – Evidence Based Practice of Policing ? Crime fighting strategies based on social science research ? Major factor in the “professionalism” of CJ ? Future policies In the early years, criminal justice education was practicedoriented; a kind of extension of the onthejob training for working practitioners Multiculturalism and Diversity Multiculturalism: ➢ Society with many different cultures, each with its own norms, values and behaviors Class notes Textbook/teacher notes 9/6/16 ➢ American society is truly multicultural Diversity: ➢ Diversity characterizes both immigrant and U.S. born individuals ➢ Multiculturalism is one form of diversity ➢ Challenges for CJ professionals: ➢ Society has their own norms, values, religions, heritages, traditions, laws ➢ Influx of undocumented aliens who enter this country illegally ➢ Distrust of law enforcement ➢ Hispanic population has seen the largest increase in the nation ➢ Largely diverse population will continue to have a large impact on the Criminal Justice System Summary ❖ History of Crime in America and changes to the CJS ❖ Public Order (crime control) and Individual Rights (due process) within the CJS; defined due process ❖ Relationship of criminal justice as it relates to equity and fairness ❖ Criminal Justice System’s Three Major Components and Functions ❖ Stages of the Criminal Justice System ❖ Role of Evidencebased Practice in contemporary criminal justice ❖ Multiculturalism/Diversity challenges for the American CJS Class notes Textbook/teacher notes
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