Criminal justice chapter 1 notes PDF

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Criminal justice chapter 1 notes The media: causes people to form false impressions of and unrealized expectations about the criminal justice system The criminal justice system The three core components make up this system: 1. Law enforcement: agencies that investigate crimes and apprehend suspects 2. Court/judiciary: agencies that conduct trials and sentence offenders 3. Corrections: agencies that monitor and rehabilitate offenders The criminal justice process: - The decision-making points, from the initial investigation or arrest by police to the eventual release of the offender and his or her reentry into society - The various sequential criminal justice stages through which the offender passes. The process can include up to 15 different stages The contemporary criminal justice system The criminal justice system is society’s instrument of social control - Responds to dangerous behavior - Apprehends, adjudicates and sanctions law breakers through its agencies - Resides in every branch (executive, judicial, and legislative) of government The formal criminal justice process Initial contact - In most cases, this involves a police officer observing a crime or being dispatched to a crime scene Investigation - Involves the collection of evidence, including witness statements, that produce that probable cause necessary to arrest a person suspected of committing the crime Arrest - A legal condition wherein an individual’s freedom is restricted by the police. All arrests must be based on probable cause Custody - Following arrest, suspects are detained. In some cases the investigation process continues Charging - A formal process wherein the police present the evidence to a prosecutor and, usually by mutual agreement, a decision is made on the most appropriate offense based on the available evidence (may result in nolle prosequi (nali prasikwai) Preliminary hearing/grand jury - Depending on the jurisdiction, during this step the evidence is reviewed objectively. The initial charge may be accepted as is, modified or nullified Arraignment - A formal process wherein the suspect is informed of the charges and asked to enter a plea (guilty, not guilty or nolo contender) Bail/detention

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A formal process wherein the decision is made on whether to release suspect from custody pending trial. Bail is a payment to the court (in cash or tangible property) that insures the suspect will return for adjudication (formal judgement) Plea bargaining - A formal process wherein the prosecutor and defense attorney bargain for a change in the defendant’s plea. The defense attorney wants the least punitive outcome and the prosecutor wants to avoid a trial and insure the most punitive outcome. The strength of the evidence against the defendant often determines the outcome of this process Trial/adjudication - A formal process wherein the prosecutor presents the evidence and attempts to remove reasonable doubt of the defendant’s guilt. This is an adversarial process where in the defense attorney is expected to refute the evidence. Sentencing/ disposition - If convicted the offender is sentenced to pay a fine, a term of imprisonment or probation Appeal/ post conviction - Following conviction, the defense may ask the court to set aside the verdict or ask a higher court to reverse the decision Correctional treatment - After sentencing the offender is placed in the custody of a correctional systeminstitutional or community based. While there, the offender may receive rehabilitative training Release - After the offender has served his time, he is released and can return to society. Most incarcerated offender are released early due to parole Post release - In some situations, ex-offenders may be required to continue treatment and supervision in a community based program like a halfway house or pre-release facility The criminal justice assembly line (Herbert packer) - Some view the criminal justice process as an assembly line in a factory: -conveyer belt – endless supply of cases Others view it as a funnel - Large number of cases enter the system - For numerous reasons, cases exit the process - The relatively few cases that are left progress through the entire process The informal criminal justice process - Traditionally, the criminal justice process is viewed as a series of formal decision points - In reality, cases are often settled informally through cooperative agreements: -plea bargaining (about 90% of cases are handled this way) - Discretion - Desire to preserve resources for more serious cases The courtroom work group: cooperation rather than conflict is the norm

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The courtroom work group includes the prosecutor, defense attorney, judge and other personnel. These individuals often work cooperatively to streamline the criminal justice process Criminal justice considered as a “wedding cake” - Bottom tier is misdemeanors - 2nd tier is less serious felonies - serious felonies - top tier celebrated cases the informal criminal justice process - the criminal justice system can be viewed as a four layer wedding cake (Samuel walker) level I- celebrated cases level II- serious felonies level III- less serious felonies level IV- misdemeanors - the smallest number of cases receive the most public attention the criminal justice wedding cake level I - oj simpson, lindsay lohan, aaron herndandez - receive the full aray of CJ procedures: -competent defense attorneys, expert witnesses, jury trials, elaborate appeals - due to media focus, public vies most victims as members of the upper class level II - serious felonies: rapes, robberies, burglaries - most practitioners agree that these cases deserve the full attention of the justice system - factors placing these cases into the level II category: -experienced, repeat offenders – amount of $$ stolen in a burglary or larceny –violent acts committed by a stranger (w/weapon) –robberies involve receive full jury trials, and if convicted receive prison sentences - offenders often receive full jury trials, and if convicted receive prison sentences level III - may be felonies: generally less serious offenses - young, often first time offenders - dismissals - pleas - reduction in charges - probation level IV - misdemeanors, millions of misdemeanors: disorderly conduct, minor assault, shoplifting, public drunkenness - typically results in fines or probation perspectives on justice there are a variety of perspectives on justice crime control perspective:

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deter crime through the application of punishment the more efficient the system, the greater is its effectiveness the justice system is not equipped to treat people, but to investigate crimes, apprehend suspects, and punish the guilty rehabilitation perspective: - care for people who cannot manage themselves - it is better to treat than to punish - criminals are society’s victims - helping others is part of American culture - convicted criminals can be successfully treated due process perspective: - provide fair and equitable treatment for the accused - every person deserves their constitutional rights and privileges - constitutional rights and democratic ideals take precedence over punishment - decisions must be carefully scrutinized to avoid errors nonintervention perspective: - criminal justice agencies should limit involvement with criminal defendants - labeling individuals as criminals is harmful and disruptive - stigmas lock people into a criminal way of life - decriminalize, divert, and deinstitutionalize equal justice perspective: - equal treatment should be given for equal crimes - decision making is standardized and structured by rules and regulations - individual discretion is reduced and controlled - inconsistent treatment produces disrespect for the system restorative justice perspective: - offenders should be reintegrated back into society - coercive punishments are self-defeating - justice system must become more humane perspectives in perspective: - no single perspective is inherently just - during the past decade, the crime control and equal justice models have dominated - rehabilitation, due process, and the least intrusive treatment have not been completely abandoned, only diminished ethics in criminal justice - ethics in criminal justice is becoming increasingly more important due to society becoming more diverse, complex, and pluralistic - justice system personnel function in an environment where moral ambiguity is the norm - enormous power is granted to criminal justice employees: - often have considerable discretion in decision making ethics and law enforcement - police have authority to deprive people of their liberty - police serve as the interface between the power of the state and citizens it governs ethics in the courts

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prosecutors have roles that sometimes conflict: -representing the people –representing the court - defense attorneys have a dual role as a defense advocate and officer of the court ethics and corrections - corrections workers have significant coercive and punitive power of incarcerated offenders...