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1
The Criminal Justice
System
TRAYVON MARTIN CASE
• In July 2013, George Zimmerman was found not guilty on the charge of seconddegree murder and the lesser alternative charge of manslaughter in the death of
Trayvon Martin. The verdict divided the nation along racial and gender lines,
with criticisms that the police didn’t care about the death of a young African
American boy. There were counterclaims that pressure from civil rights activists
led to murder charges against a young man merely defending himself.
• Was justice achieved in the Zimmerman case?
LEARNING OBJECTIVES
• LO1 – Name the goals of the criminal justice system
• LO2 – Identify the different responsibilities of federal and state
criminal justice operations.
• LO3 – Analyze criminal justice from a systems perspective.
• LO4 – Identify the authority and relationships of the main criminal
justice agencies, and list the steps in the decision-making
process for criminal cases.
• LO5 – Explain the criminal justice “wedding cake” concept as well
as the due process and crime control models.
• LO6 – Name the possible causes of racial disparities in criminal justice.
LEGISLATURES AND CRIME
• Crimes are actions that violate laws defining socially harmful behaviors that will
be subject to government power to impose punishment.
• Mala in se – offenses that society has determined are wrong by their very nature, and are
so harmful, they must be punished.
• Ex: rape, murder
• Mala prohibita – crimes that are prohibited by the government, not because they are
necessarily wrong in themselves
• Ex: gambling, prostitution, drug use
GOALS OF CRIMINAL JUSTICE
• Doing justice
• Ensure fairness and equity in the treatment of people
• Controlling crime
• Control crime by arresting, prosecuting, convicting, and punishing those who disobey the
law
• Preventing crime
• Deterrent effect of the actions of police, courts, and corrections
ADVANCING GOALS OF CRIMINAL JUSTICE
John Moore/Staff/Getty Images
• Evidence-Based
Practices – policies
developed through
research that
demonstrates most
useful and cost-effective
approaches
CRIMINAL JUSTICE IN A FEDERAL SYSTEM
• Federalism
• Power divided between a central (national) government and regional (state) government
• No single level of government is solely responsible for administration of criminal justice
• Vast majority of crimes are defined by state laws rather than federal law
EXPANSION OF FEDERAL INVOLVEMENT
• Since 1960s, federal government has expanded its
role in crime policy that has traditionally been
responsibility of state and local government
• Many crimes span state borders, making the
federal government better at criminal investigations
that cross state lines
EXPANSION OF FEDERAL INVOLVEMENT
• Most significant expansion was creation of Department of Homeland Security
(DHS) through consolidation of:
• Border security
• Intelligence
• Emergency-response agencies
• Transportation Security Administration (TSA) created within DHS to assume
responsibility for protecting travelers and interstate commerce
EXPANSION OF FEDERAL INVOLVEMENT
QUESTION FOR DISCUSSION
• Under California’s Compassionate Use Act (CUA), limited marijuana use if
permitted for medicinal purposes. Physicians may prescribe medical marijuana
for serious medical conditions. The Act does not allow citizens to grown their
own, and the DEA seized and destroyed plants gown by Raisch. He appealed
the seizures as being unconstitutional. The Supreme Court in Gonzales v.
Raisch (2005) endorsed Congress’ Commerce Clause authority to criminalize
local cultivation.
• If pubic opinion polls indicate that an overwhelming majority of citizens feel this
should not be a federal government issue, but should be a state issue, what are
the arguments for and against continued federal involvement?
CRIMINAL JUSTICE AS A SOCIAL SYSTEM
• System
• Interdependent parts whose
actions are directed towards
goals and influenced by their
environment
• Subsystems of police, courts,
and corrections has its own
goals and needs but are
interdependent on each
other
CRIMINAL JUSTICE AS A SOCIAL SYSTEM
• Exchange
• Mutual transfer of resources among individual actors who have goals that cannot be
accomplished alone
• Each needs to gain cooperation and assistance of others
• Plea bargain – defendant’s plea of guilty in exchange for receiving consideration in
charges or sentence
CRIMINAL JUSTICE AS A SOCIAL SYSTEM
CHARACTERISTICS OF CRIMINAL JUSTICE SYSTEM
• Discretion
• Authority to make decisions using one’s own judgment
• Resource Dependence
• Dependence on other agencies for funding (politicians, legislators, voters, media)
• Sequential Tasks
• Decisions occur in a specific, sequential order
• Filtering
• Screening process that gradually exits people out of the system
CHARACTERISTICS OF CRIMINAL JUSTICE SYSTEM
OPERATIONS OF CRIMINAL JUSTICE AGENCIES
• Three major components
1. Police
2. Courts
3. Corrections
POLICE
• Four Major Duties
1. Keeping the peace
2. Apprehending violators and
combating crime
3. Preventing crime
4. Providing social services
COURTS
• Dual court system which consists of a separate judicial system for each state as
well as one for the national (federal) system and responsible for:
• adjudication-determining whether or not a defendant is guilty,
• ensuring fair procedures,
• and imposition of appropriate sentences
CORRECTIONS
• Nearly 7 million adults (1 of
every 35) are under supervision
of state and federal corrections
systems
• Corrections is equated with
prisons, but only 30% of
convicted offenders are in
prisons and jails
• 70% are supervised in
community through probation
and parole
FLOW OF DECISION MAKING IN THE CRIMINAL
JUSTICE SYSTEM
• Police
• Investigation
• Arrest
• Booking
• Prosecution
•
•
•
•
Charging
Initial appearance
Preliminary hearing/Grand jury
Indictment/Information
• Courts
•
•
•
•
Arraignment
Trial
Sentencing
Appeal
• Corrections
• Jail/prison
• Release
CRIMINAL JUSTICE WEDDING CAKE
• Layer 1
• Celebrated, highly unusual cases that receive much public attention
• Layer 2
• Felonies that are considered serious by officials
• Layer 3
• Felonies that are considered less important than those in Layer 2
• Layer 4
• Misdemeanors. About 90% of all cases fall into this category
CRIMINAL JUSTICE WEDDING CAKE
CRIME CONTROL VERSUS DUE PROCESS
• Herbert Packer’s (1968) developed two competing models of the administration
of criminal justice, which provide opposing ways of looking at goals and
procedures of criminal justice system
• Crime control model
• Due process model
CRIME CONTROL VERSUS DUE PROCESS
CRIME CONTROL MODEL
• Assumes every effort must be made to repress crime
• Emphasizes efficiency, speed and finality
• The most important goal of the criminal justice system is controlling crime
• Much like an assembly line, police and prosecutors decide early on who is likely
to be convicted, and if a person is unlikely to be convicted, person exits from
system
• Nearly all cases end in plea bargaining
DUE PROCESS MODEL
• Considered to be an obstacle course
• Assumes freedom is most important
• Stresses adversarial process, rights of defendants, and formal decision-making
procedures
• Forcing state to prove its case protects citizens from wrongful convictions
CRIME AND JUSTICE IN A MULTICULTURAL
SOCIETY
• Critics of criminal justice system argue equal treatment is hampered by
discretionary decisions and other factors that produce racial discrimination and
disparity
• Disparity – difference between groups that may either be explained by legitimate factors
or indicate discrimination
• Discrimination – occurs when groups are differentially treated without regard to their
behavior or qualifications
CRIME AND JUSTICE IN A MULTICULTURAL
SOCIETY
• Disparity and Discrimination
• African American and Hispanic males are incarcerated at much higher rates than white
males
• Federal sentencing for African American men results in sentences more than 20% longer
than white males
• African American and Hispanic males more likely to be stopped than whites
CRIME AND JUSTICE IN A MULTICULTURAL
SOCIETY
• Explaining Disparities
• People of color commit more
crimes
• Criminal justice system is
racially biased, resulting in much
harsher treatment of minorities
• Criminal justice system
expresses the racial bias found
in society as a whole
QUESTION FOR DISCUSSION
• In December 2011, Floyd Mayweather Jr. was sentenced to 90 days in jail after
pleading guilty to domestic violence charges. Mayweather had several prior
convictions for assault. By contrast, two weeks later, in Huntsville, Alabama,
Toriano Porter was sentenced to 20 years after being convicted of domestic
violence charges. Porter had two prior felony convictions, but he was sentenced
as a habitual offender.
• Were prosecutors influenced in their decision by Mayweather’s wealth and
fame? Did Mayweather benefit from hiring expensive, prominent attorneys to
defend him?
2
Crime and Crime
Causation
LEARNING OBJECTIVES
• LO1 – Categorize crimes by their type.
• LO2 – Describe the different methods of measuring crime.
• LO3 – Explain why some people are at higher risk of victimization
•
than others.
• LO4 – Summarize the negative consequences of victimization.
• LO5 – Name the theories put forward to explain criminal behavior.
• LO6 – Explain why there are gender differences in crime.
CRIME AND CRIME CAUSATION
• In 2014, in West Palm Beach, Florida, Tia Lashonda Miller sat in jail, awaiting
trial for identity theft and tax fraud. She was accused of stealing over 700
identities in order to file false tax returns to pay her debts.
• Miller did not physically harm anyone, but what was the impact of her crime on
victims, on the government, on the IRS? How might we explain Miller’s
behavior?
TYPES OF CRIME
• Crimes can be categorized into seven types:
•
•
•
•
•
•
•
Visible crime
Occupational crime
Organized crime
Transnational crime
Victimless crime
Political crime
Cyber crime
VISIBLE CRIME
• Often called “street crime” and “ordinary crime”
• Three categories:
• Violent crime
• death or physical injury results
• Property crimes
• acts that threaten property
• Public-order crimes
• acts that threaten general well-being of society
OCCUPATIONAL CRIME
• Offenses committed through opportunities created in legal or business
occupation
• Crimes that result in huge costs to society
• Estimates indicate that for every $1 lost in street crime, $60 is lost as a result of
occupational crime
ORGANIZED CRIME
• Continuing enterprise for
purpose of making a profit
through illegal activities
• Network of activities that typically
cross state and national borders
• Increased among outlaw
motorcycle gangs, Hispanic and
African American gangs
TRANSNATIONAL CRIME
• Refers to crimes that cross country borders
• Three categories:
• Provision of illicit goods
• Drug trafficking, moving stolen property
• Provision of illegal services
• Human trafficking, child pornography
• Infiltration of business of government
• Bribery, extortion, money laundering
CHALLENGES OF TRANSNATIONAL CRIME
• American police agencies must depend on assistance from officials abroad
• Difficult to coordinate with countries with different laws and priorities
• Some countries protect transnational crime through bribery and other forms of
corruption
VICTIMLESS CRIMES
• Involve willing and private
exchange of goods or services
• Offenses against morality
• Prostitution, gambling, drug
sales and use
• “War on Drugs” is an example
of policies against a victimless
crime
POLITICAL CRIME
• Criminal acts by the government or against the government for ideological
purposes. Examples:
•
•
•
•
Murder of abortion doctors
Bombing of abortion clinics
Bombing of federal building in Oklahoma City
Release of classified documents
CYBER CRIME
• Involve use of
computers and the
Internet to commit acts
against people,
property, public order,
or morality
CRIME RATE
Generally declined since the 1980s
As of 2009, rates of violent and property crime were at lowest overall level
Knowledge of crime rates aids in decisions on officer deployment and crimefighting strategies
VIOLENT AND PROPERTY CRIME
PROBLEMS WITH ACCURATE CRIME DATA
Lack of accurate means of knowing amount of crime
More crime occurs than is reported
Dark figure of crime – crimes never reported to police
Until 1972, only crimes counted were those reported to police and entered into
Uniform Crime Reports (UCR)
UNIFORM CRIME REPORTS (UCR)
Publication issued every year by FBI
Statistical summary of crimes reported to the police
Data provided from voluntary network of local, state, and federal law
enforcement agencies
UNIFORM CRIME REPORTS (UCR)
Uses standard definitions of crimes to ensure uniform data
Part I (Index Offenses)
8 major crimes
Data shows age, race, number of reported crimes solved
Part II (Other Offenses)
21 other crimes
Less complete data than that provided for Part I offenses
UNIFORM CRIME REPORTS (UCR)
CRITICISMS OF UCR
• Covers only reported crimes
• Does not measure occupational crimes
• Only covers 29 types of crime
• Reporting is voluntary, meaning police departments may not make complete,
accurate reports
NATIONAL INCIDENT-BASED REPORTING SYSTEM
(NIBRS)
• FBI’s response to criticisms of UCR
• Detailed incident data on 46 offenses in 22 crime categories
• Reports all crimes committed during an incident, whereas UCR only reports
most serious crime in an incident
• Reports all available data on offenders, victims, and places
ISSUES WITH NIBRS
• Reporting process is more difficult
• All agencies must adopt same reporting format
• Not all states currently participate
• As of 2014, only 15 states report NIBRS data for all jurisdictions
NATIONAL CRIME VICTIMIZATION SURVEYS
(NCVS)
• Developed by the Census Bureau in 1972 to better understand the “dark figure
of crime”
• Can also be used to track serial or “repeat” victimization
• “Self-reported” measure of criminal behavior
• Method
• Interviews conducted twice a year
• Sample of 74,000 people in 41,000 households
• Same people are interviewed twice a year for three years
FLAWS OF NCVS
• People interviewed are unlikely to report crimes committed by themselves,
friends or family members
• Too embarrassed to admit victimization
• Survey covers limited range of crimes
• Relatively small sample can result in erroneous conclusions
• Data depends on victim’s perceptions and memories
UCR AND NCVS
TRENDS IN CRIME
• NCVS shows victimization rate has dropped over past decade
• UCR data shows decline in violent and property crime
•
•
•
•
Aging of the baby boom population
Increased use of security systems
Aggressive police efforts to keep handguns off streets
Decline in use of crack cocaine
CRIME VICTIMIZATION
• Victimology emerged in 1950s with a focus on:
•
•
•
•
Who is victimized?
What is the impact of crime?
What happens to victims in the criminal justice system?
What role do victims play in causing the crimes they suffer?
WHO IS VICTIMIZED?
• Women, Youths, Nonwhites
• Lifestyle exposure model demonstrates the link between personal characteristics and
victimization
• Race is key factor in exposure to crime
• Low-Income City Dwellers
• Low income closely linked to exposure to crime
WHO IS VICTIMIZED?
• Acquaintances and Strangers
• Most robberies are committed by strangers
• Most sexual assaults are committed by an acquaintance
IMPACT OF CRIME
• Fear of crime
• Fear limits freedom
• Costs of crime
• Economic costs
• Lost property, lower productivity, medical expenses
• Psychological and emotional costs
• Pain, trauma, diminished quality of life
• Costs of operating the criminal justice system
• Court services, law enforcement
QUESTION FOR DISCUSSION
• Crime rates, particularly violent crime rates, have been decreasing since the
early 1990s. However, fear of victimization has consistently exceeded crime
rates based on public opinion polls. People gain perception about crime from
workplace conversations, statements of politicians, and campaign promises.
Their views about crime also seem to be shaped more by what they see on
television than reality.
• What obligation do politicians and the media have in making the public aware
of the true picture of crime? Of the actual risks of victimization that occur
within a particular jurisdiction?
CAUSES OF CRIME
• Classical and Positivist theories
• Biological explanations
• Psychological explanations
• Sociological explanations
• Life Course theories
• Integrated theories
CLASSICAL AND POSITIVIST THEORIES
• Classical School
•
•
•
•
Developed by Cesare Beccaria
Views behavior as stemming from free will
People are responsible and should be held accountable for actions
Stresses the need for punishment severe enough to deter others
• Positivist School
• Behavior stems from social, biological, and psychological factors
• Punishment should be tailored to individual needs of offender
BIOLOGICAL EXPLANATIONS
• Emphasizes physiological and neurological factors that predispose a person to
commit a crime
• Early work of Cesare Lombroso
• Physical traits distinguish criminals from law-abiding citizens
• Some people are in a more primitive state of evolution and are born criminal
• Later work of James Q. Wilson
• Biological factors predispose some individuals to commit crimes
PSYCHOLOGICAL EXPLANATIONS
• Emphasizes mental processes and behavior
• Psychoanalytic theory
• Psychiatrists have linked criminal behavior to
innate impulses, psychic conflict, and repression
of personality
SOCIOLOGICAL EXPLANATIONS
• Social Structure Theories – criminal behavior is related to social class
• Anomie Theory
• Deviant behavior is the result of weakened rules and norms
• Strain Theory
•
•
•
•
Negative relationships can lead to negative emotions
Negative emotions are expressed through crime and delinquency
Strain is produced by the failure to achieve valued goals
Those who cannot cope with negative emotions may be predisposed to crime
SOCIOLOGICAL EXPLANATIONS
• Social Process Theories – assumes that any person has potential to become a
criminal
• Learning theories
• Criminal activity is learned behavior
• Control theories
• Social links keep people in line with accepted norms
• Labeling theories
• Stress social process through which certain acts and people are labeled deviant
• Justice system creates criminals by labeling people
SOCIOLOGICAL EXPLANATIONS
• Critical theories – assumes that criminal law and the justice system are designed
by those in power, whose purpose is to oppress those who are not
• Social conflict theories
• Crime is the result of conflict within societies
• Class structure causes certain groups to be labeled as deviant
• Feminist theories
• Based on the idea that traditional theory centers on male criminality and ignores female offending
• Underscores the need to integrate race and class with gender
LIFE COURSE THEORIES
• Seek to identify factors that explain when and why offenders begin to commit
crime, and what factors lead them to stop participating in crime
• These types of studies try to follow individuals from childhood to adulthood
• Emphasizes turning points in life that move people from criminal behavior
INTEGR …
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