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Notes for Chapter 1-5 Intro To Criminal Justice
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These are the notes for chapters 1-5 in Intro to criminal justice. They are organized and highlighted to provide for easy navigation.
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CriminalJustice
,Chapter 1: What is Criminal Justice?
Introduction: The theme of this book:
The American system of justice is a consensual system that relies Individual rights
on public acceptance and cooperation to function effectively Protect personal freedoms and civil rights within
Procedural fairness is a vital component of our American justice the criminal justice process
system Public order perspective
Procedural justice: the application of procedural fairness to the Under certain circumstances involving criminal threat
criminal justice system to public safety, the interests of society should take
precedence over individual rights
A brief history of crime in America:
Crime control has long been a primary concern of politicians and Criminal Justice and basic fairness:
government leaders worldwide Justice: the principle of fairness; the ideal of moral
The American experience with crime over the last 50 years has equality
helped to shape the modern criminal justice system Social justice: an ideal that embraces all aspects of
Crime waves have come and gone through history civilized life
1850-1880 Linked to notions of fairness and to cultural beliefs
Crime epidemic due to immigration and civil war about right and wrong
Early twentieth century Civil Justice: fairness in relationship between citizens,
Widespread organized criminal activity associated with government agencies, and businesses in private matters
prohibition One component of social justice
1940-1960 Criminal justice: aspects of social justice concerning
Crime rates remained stable after WWII violations of the criminal law
1960-1970 Truth in action within the process of the
Civil rights movement led to increase emphasis on individual administration of justice
rights
Dramatic increase in reported crime Models of criminal justice:
1980 Consensus model: assumes criminal justice system
War on drugs and emergence of "crack" components work together to achieve justice
Eroding quality of life in large cities Systems cooperate; smooth movement throughout
1990 Criticized for implying more organization and
Public perception of increasing crime cooperation than actually exists
1995 Oklahoma City bombing Conflict model: assumes goals of criminal justice system
1999 Columbine High School massacre components conflict, leading to a "non-system"
September 11, 2001 Views justice as a product of conflict, not
Law enforcement must involve global efforts cooperation
Early 2000's Both models are important
Increase in corporate, white-collar crimes Agencies of justice are linked closely enough that the
Current era term system may be meaningfully applied. However, the
Low and declining rates of traditional crimes size of the criminal justice under taking makes effective
Increasing internet based crime cooperation between agencies difficult
, Chapter 1: What is Criminal Justice?
Core components and functions: Sentencing:
Police After conviction, judge imposes sentence/punishment
Enfare the law, investigate crimes, apprehend offenders, May involve supervised probation, fine, prison
reduce and prevent crime, maintain public order, ensure term, or some combination
community safety, provide emergency and related Presentence report helps judge make appropriate
community services, and protect the fundamental rights and sentencing decision
freedoms of individuals Multiple convictions may result in consecutive or
Correctional agencies concurrent sentences
Carry out sentences imposed by the courts, provide safe and Convictions may be appealed
humane custody and supervision of offenders, protect the
community, rehabilitate, reform, and reintegrate convicted Corrections:
offenders back into the community, respect the legal and Corrections stage begins after sentencing
human rights of the convicted Offender sentenced to prison are classified and assigned
Criminal courts to confinement facilities and treatment programs
Conduct fair and impartial trials, decide criminal cases, ensure Modern prisons still suffer from "lock psychosis" and lac
due process, determine guilt or innocence, impose sentences of significant rehabilitation programs
on the guilty, upload the law, require fairness throughout the
Justice process, protect the rights and freedoms of anyone Reentry:
facing processing by the justice system, provide a check on Sentence may involve serving time in the community
the exercise of power by other justice system agencies Probation and community service activities
Offenders sentenced to prison may be freed on parole
Investigation and arrest: Supervised by parole officer
Investigation: start of modern justice process
Arrest: act of taking a person into custody Due process:
Miranda VS. Arizona: Miranda warning must be given before Due process = procedural fairness
questioning Required by US constitution
Booking: administrative procedure following arrest Recognizes individual rights of criminal defendants
Violations may lead to dismissal of evidence or crimina
Retrial activities: charges
First appearance: opportunity for bail Underlies Bill Of rights
Preliminary hearing: establish probable cause Supported by 4th, 5th, 6th and 14th amendments
Information or indictment
Arraignment: enter a plea Role of the courts in defining rights:
Rights open to interpretation
Adjudication: Modern rights would not exist in practice if Supreme
6th amendment gives defendant the right to trial by jury Court had not recognized them in cases
Does not cover petty offenses Decisions rendered by supreme court may carry as much
Most cases are dealt with through plea bargaining, not trial weight as legislative action
Trials governed by procedural law Judge made law
Defendant may waive right to jury trial and be tried by a judge
(bench trial)
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