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Crime

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Title: Crime & Justice In the United States Author: brholmes Last modified by: brholmes Created Date: 8/28/2004 11:16:17 AM Document presentation format – PowerPoint PPT presentation

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Title: Crime


1
Crime Justice In the United States
  • Chapter One
  • Introduction to Criminal Justice, Bohm Haley

2
Article
  • Criminal Justice Logjam As Budgets
    Shrink, Cities See an Impact on Criminal Justice
    (Jun 7, 2003) Criminal Justice Failure (Aug 6,
    2002) Britain Plans Criminal Justice Changes to
    Favor the Victims (Jul 18, 2002) Find more
    related articles by selecting from the following
    topics   Criminology  Social Sciences  Track a
    subject by e-mail
  • o the Editor
  • It is disconcerting that the number of Americans
    under control of the criminal justice system - in
    prison, on probation or on parole - has risen
    once again, this year approaching nearly seven
    million ("U.S. 'Correctional Population' Hits New
    High," news article, July 26).
  • Taxpayers spend more than 50 billion a year to
    incarcerate more than two million people, making
    America the world's No. 1 jailer. Yet the Bureau
    of Justice Statistics shows that two-thirds of
    inmates are back behind bars within three years
    of release.
  • A better approach would be to lock up fewer
    people for shorter periods of time and use the
    cost savings to bolster academic, vocational and
    substance abuse programs behind bars. That way,
    ex-offenders will have the tools they need to
    lead law-abiding lives on the outside.
  • Jennifer R. Wynn
  • Adjunct Professor
  • John Jay College of Criminal Justice
  • Brooklyn, July 26, 2004

3
Objectives
  • Identify institutions of social control and
    explain what makes criminal justice an
    institution of social control.
  • Summarize how the criminal justice system
    responds to crime.
  • Explain why criminal justice in the United States
    is sometimes considered a nonsystem.
  • Point out the major differences between Packers
    crime control and due process models.

4
Objectives
  1. Describe the costs of criminal justice in the
    United States and compare those costs among
    federal, state, and local governments.
  2. Explain how myths about crime and criminal
    justice affect the criminal justice system.
  3. Describe how the type of crime presented by the
    media compares with crime routinely committed.

5
Institutions of Social Control
  • An institution of social control is
  • An organization that persuades people, through
    subtle and not-so-subtle means to abide by the
    dominant values of society. P.8

6
Institutions of Social Control
  • Examples
  • Organized Religion
  • Laws Schools
  • Family News

7
Institutions of Social Control
  • Criminal Justice System is an institution of
    social control, but differs from others in two
    important ways
  • Concerned only with behavior defined as criminal
    (limited behaviors),
  • It is societys last line of defense against
    people who refuse to abide by dominant social
    values. Society turns to criminal justice when
    all else fails.

8
Criminal Justice The System
  • Criminal justice in the US is administered by a
    loose confederation of more than 50,000 agencies,
    federal, state and local governments.
  • This confederation is referred to as the
    criminal justice system
  • p. 8

9
Criminal Justice System
Corrections
Police
Courts
10
Criminal Justice The System
  • Jurisdiction
  • A politically defined geographical area (where
    the specific CJS entity has authority)

11
Criminal Justice The SystemAn Overview
  • WARNING The following is a brief overview of a
    typical criminal justice system. (It is often
    more complicated than what is described in the
    text)
  • More detailed information will be covered later
    in the course.
  • Refer to Figure 1.1 in your text, pp. 10-11

12
Moves Quickly
Arrest is made, booking, then warrant, (initial
appearance)
Police Receive a criminal Report
GA- Juvenile Services Take Over
13
Misdemeanor No arraignment Unless
jailed SUMMARY TRIAL p.9
14
Synopsis of CJS
  • Officer investigates then makes an ARREST.
  • Offender becomes a DEFENDANT, then a BOOKING
    report (GA, AB), is completed listing charges
    and any personal property, etc.
  • Prosecutor then reviews the facts and decides
    whether to charge, or pursue prosecution, then
    completes a charging document.

15
Charging Document
  • Four (three) types
  • A complaint a document specifying that an
    offense has been committed.
  • Arrest Warrant another form of charging
    document often obtained by officers/investigators.
  • An information a document that outlines the
    formal charge against a suspect.
  • A grand jury indictment a written accusation by
    a grand jury that a person has committed a crime.

16
Offense Level
  • Misdemeanor (includes ordinance violations)
    less serious crime generally punishable by a fine
    or by incarceration in jail for not more than 1
    year.
  • Felony (does not include ordinance violations)
    serious offense punishable by confinement in
    prison for more than 1 year or by death. (May
    include fines)

17
Pretrial Stages
  • After charges have been filed, the defendant is
    brought before a judge to hear the formal charges
    against them and to hear their constitutional
    rights. This is an initial appearance.
  • Often, in several states, the defendant can enter
    a plea of guilty or not guilty at this stage.
    (Georgia)

18
Pretrial Stages
  • In misdemeanor cases, the defendant will go to
    trial, or summary trial, (ordinance violations,
    traffic, etc.).
  • In the case of a felony, a hearing is held to
    determine whether the defendant should be
    released or whether there is probable cause to
    hold the defendant for a preliminary hearing.
    Probable cause is
  • A standard of proof that requires evidence
    sufficient to make
  • a reasonable person believe that, more likely
    than not, the
  • proposed action is justified.

19
Pretrial Stages
  • If defendant is to be held, judge finds
    sufficient probable cause (evidence), then the
    judge may set bail (bond).
  • Bail is usually a monetary guarantee deposited
    with the court to ensure that suspects or
    defendants will appear at a later stage in the
    criminal justice
  • process.

20
Pretrial Stages
  • A primary purpose of the grand jury is to
    determine whether there is probable cause to
    believe that the accused committed the crime with
    which the prosecutor has charged him/her with. A
    grand jury is
  • A group of citizens who meet in closed sessions
    for
  • a specified period to investigate charges coming
  • from preliminary hearings and to fulfill
  • other responsibilities.
  • Defendant does not appear at Grand Jury hearings.

21
Pretrial Stages
  • Defendants are then go to arraignment where they
    are allowed to plea.
  • At this stage, a majority of cases are handled
    through an arrangement called plea bargaining.
    P.13
  • The practice whereby a specific sentence is
    imposed if the accused pleads guilty to an
    agreed-upon charge or charges instead of going to
    trial.

22
Pretrial Stages
  • 10 percent of criminal cases go to trial.
  • 5 percent of criminal cases are decided in a
    bench trial.
  • 5 percent of criminal cases are decided in a
    jury trial.
  • 90 percent of cases are disposed of through plea
    bargaining.

23
Trial Stage
  • If found NOT GUILTY, defendant is released. If
    found guilty, they are sentenced by a judge, and
    in some cases by the jury.

24
Corrections
  • There 5 types of punishment used in the US
  • Fines,
  • Probation,
  • Intermediate punishments,
  • Imprisonment,
  • Death

25
Corrections
  • Parole defendant may be eligible after serving
    a portion of their sentence. Parole is
  • The conditional release of prisoners before they
    have served their full sentences.

26
Criminal Justice The Non-System
  • Non-System because
  • Criminal Justice system is a loose confederation
    of many independent agencies.
  • I.e. municipal courts, state courts, federal
    courts local, state, federal law enforcement

27
Criminal Justice The Non-System
  • As a smoothly operating set of arrangements and
    institutions directed toward the achievement of
    common goals, criminal justice system is NOT.
  • Often there are competing goals, objectives,
    overlaps in jurisdiction, politically directed
    emphasis, i.e. drunk driving.

28
Packers Two Models of Criminal Justice
29
Two Models of Criminal Justice
  • Due Process Model p.18 Obstacle Justice
  • Doctrine of legal guilt not guilty unless
    factual guilt is determined in a procedurally
    regular fashion. (Tends to Protect suspects)
  • Attempts to overcome issues of intelligence of
    suspect, financial resources for representation.

30
Two Models of Criminal Justice
  • Crime Control Model p.17 assembly-line
    justice controlling criminal behavior is the
    most important function of criminal justice.
  • Efficient process resulting in quick closure,
  • Presumption of guilt

31
Due Process vs. Crime Control
  • Since the mid-1970s the crime control model has
    dominated the practice of criminal and juvenile
    justice in the United States.
  • But elements of the due process model remain
    evident in the process of justice.
  • How long this present trend will continue is
    anybodys guess.

32
CJS Models Know the Difference?
  • Criminal Justice Logjam As Budgets
    Shrink, Cities See an Impact on Criminal Justice
    (Jun 7, 2003) Criminal Justice Failure (Aug 6,
    2002) Britain Plans Criminal Justice Changes to
    Favor the Victims (Jul 18, 2002) Find more
    related articles by selecting from the following
    topics   Criminology  Social Sciences  Track a
    subject by e-mail
  • o the Editor
  • It is disconcerting that the number of Americans
    under control of the criminal justice system - in
    prison, on probation or on parole - has risen
    once again, this year approaching nearly seven
    million ("U.S. 'Correctional Population' Hits New
    High," news article, July 26).
  • Taxpayers spend more than 50 billion a year to
    incarcerate more than two million people, making
    America the world's No. 1 jailer. Yet the Bureau
    of Justice Statistics shows that two-thirds of
    inmates are back behind bars within three years
    of release.
  • A better approach would be to lock up fewer
    people for shorter periods of time and use the
    cost savings to bolster academic, vocational and
    substance abuse programs behind bars. That way,
    ex-offenders will have the tools they need to
    lead law-abiding lives on the outside.
  • Jennifer R. Wynn
  • Adjunct Professor
  • John Jay College of Criminal Justice
  • Brooklyn, July 26, 2004

33
Costs of Criminal Justice
  • Each year in the United States an enormous amount
    of money is spent on criminal justice.
  • In 1999, local, state, and federal governments
    spent a total of 146 billion in direct
    expenditures for the civil and criminal justice
    systems.
  • That represents approximately 525 for every
    resident of the United Sates.
  • See Table 1.2, p.20.

34
Costs of Criminal Justice
  • Of all government expenditures, Criminal Justice
    only accounts for 8.
  • Police Protection 70 local government
  • Corrections States 63
  • Judicial/Legal Services 35 States

35
Myths about Criminal Justice
  • Our text concentrates on dispelling myths about
    the criminal justice system.
  • What myths have we dispelled?
  • Government budget allocations for CJS accounts
    for a bulk of all expenditures?

36
Media CJS
John Muhammad John Lee Malvo
O.J. Simpson, Martha Stewart
Georgia- Murder of Grandparents
37
Media CJS
  • The sensational crimes reported by the media do
    not provide a very accurate picture of the crimes
    typically committed nor do they accurately depict
    the kinds of crime to which police respond on a
    daily basis.

38
Media CJS Discussion
  • What did you learn from your project assignments?
  • Do you feel that the crime related stories
    provided enough information for you to determine
    guilt or innocence?
  • Does the news media provide clear, and accurate
    information?

39
Media CJS
  • The media does not accurately reflect the typical
    calls that police respond to, nor does television
    coverage of trials, etc., accurately reflect the
    courts, (90 plea bargain)
  • Does this media attention help or hurt the
    criminal justice system operation?

40
Review
  • Institution of social control what is it? And
    know some examples.
  • How does CJS differ from other institutions of
    social control (2 reasons)
  • Know the Models of Criminal Justice
  • Which one is the predominant today?
  • Key differences

41
Review
  • Media CJS
  • Corrections 5 methods
  • Costs of Criminal Justice
  • Who pays most for police?
  • Who pays most for corrections?
  • Charging Documents
  • Have a general knowledge of the CJS Process,
    chart in text, pp. 10-11.

42
Next Week
  • Review the online materials related to Uniform
    Crime Reports,
  • View the Department of Justice, FBI, Uniform
    Crime Reports web-site.
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