Crime and Criminal Justice: Chapter One PDF

**CHAPTER ONE: CRIME AND CRIMINAL JUSTICE** **I. Is Crime a Recent Development?** **A. Overview** 1. **Misconception of a Crime-Free Past** - **Historical Perception vs. Reality**: The romanticized view of the past as a time of low crime rates is misleading. Throughout his...

**CHAPTER ONE: CRIME AND CRIMINAL JUSTICE** **I. Is Crime a Recent Development?** **A. Overview** 1. **Misconception of a Crime-Free Past** - **Historical Perception vs. Reality**: The romanticized view of the past as a time of low crime rates is misleading. Throughout history, societies have grappled with various forms of criminal behavior, reflecting the social, economic, and political challenges of their times. - **Cultural Narratives**: Literature and folklore often depict earlier times as idyllic, contributing to the misconception. However, historical records, court documents, and personal accounts reveal that crime was a significant concern even in earlier centuries. 2. **Crime Since the Formation of the U.S.** - **Colonial Era Crimes**: Early American colonies faced crimes like theft, piracy, and smuggling. Laws were often harsh, with punishments like public shaming, flogging, or execution. - **Frontier Justice**: The lack of centralized law enforcement led to vigilantism. Communities often took the law into their own hands, leading to lynchings and other extrajudicial punishments. **Examples:** - **Guerrilla Activity**: During conflicts like the Revolutionary War and Civil War, irregular warfare blurred lines between military action and criminality. Guerrilla fighters sometimes resorted to tactics that targeted civilians or violated wartime conduct norms. - **American Revolutionaries**: Figures like the Sons of Liberty engaged in acts considered illegal under British law, such as the Boston Tea Party, where they destroyed private property to protest taxation without representation. **B. Crime in the Old West** 1. **Post-Civil War Migration and Crime** - **Displaced Soldiers**: After the Civil War, many soldiers were left without livelihoods. The push westward offered opportunities but also challenges, leading some to criminal activities as a means of survival. - **Lawlessness of the Frontier**: Sparse populations and limited law enforcement created environments where outlaws could operate with relative impunity. **Examples:** - **Billy the Kid**: An infamous outlaw who became a symbol of the lawlessness of the American frontier. He was involved in the Lincoln County War and was reputed to have killed multiple men before being killed at the age of 21. - **Jesse James**: Along with his brother Frank, Jesse James led a gang that committed numerous bank and train robberies. They were seen by some as folk heroes fighting against Northern aggression, though their actions were criminal. **C. Crime in the Cities** 1. **Rise of Urban Gangs** - **Immigration and Poverty**: The influx of immigrants in the 19th century led to overcrowded cities where poverty and lack of opportunity fostered gang formation. - **Ethnic Rivalries**: Gangs often formed along ethnic lines, leading to turf wars and organized crime activities. 2. **Business Crime Post-Civil War** - **War Profiteering**: The war economy led to corrupt practices, including overcharging for goods, supplying defective products, and bribery. - **Industrialization\'s Dark Side**: Rapid industrial growth saw exploitation of workers, unsafe working conditions, and corporate monopolies engaging in illegal activities. 3. **Sustained Increase in Crime (1900-1935)** - **Prohibition Era**: The banning of alcohol led to the rise of bootlegging and organized crime syndicates like Al Capone\'s in Chicago. - **Great Depression**: Economic hardship contributed to increased property crimes and the emergence of notorious criminals. 4. **Evolution of Crime with the Nation** - **Changing Nature of Crime**: As society evolved, so did criminal activities, adapting to new technologies and social changes. **Examples:** - **Bowery Boys**: A New York City gang in the mid-1800s known for their nativist views and clashes with immigrant gangs. They were involved in criminal activities like theft and assault. - **Ma Barker and Her Sons**: The Barker-Karpis Gang terrorized the Midwest in the 1930s with bank robberies and kidnappings. Ma Barker was portrayed as the mastermind, though some historians dispute her role. - **Bonnie and Clyde**: A criminal couple who, along with their gang, committed numerous robberies and murders during the Great Depression, capturing public fascination. **II. Creating Criminal Justice** **A. Overview** 1. **Emergence of Formal Policing** - **London Metropolitan Police (1829)**: Established by Sir Robert Peel, introducing principles like the importance of crime prevention, public approval, and minimal use of force. - **Adoption in the U.S.**: American cities began forming police departments in the mid-1800s, with Boston (1838), New York City (1845), and Philadelphia (1854) among the first. 2. **Objectives of Early Police Agencies** - **Maintaining Public Order**: Focused on preventing riots, public drunkenness, and other disturbances. - **Apprehending Suspects**: Investigating crimes and making arrests were secondary to maintaining order. 3. **Development of Penitentiaries** - **Reform Movement**: The 19th century saw a shift from corporal punishment to incarceration, with the goal of rehabilitating offenders through isolation and labor. - **Auburn and Pennsylvania Systems**: Two models emerged---Auburn\'s congregate system and Pennsylvania\'s separate system, influencing prison design and management. 4. **Lack of Systematic Collaboration** - **Independent Agencies**: Police, courts, and corrections operated separately, leading to inefficiencies and inconsistencies. - **Jurisdictional Issues**: Overlapping jurisdictions created confusion and allowed criminals to exploit gaps. 5. **Recognition of Systemic Issues** - **Chicago Crime Commission (1919)**: A citizen\'s group advocating for justice system reform and highlighting corruption and inefficiency. - **Wickersham Commission (1931)**: Addressed Prohibition\'s impact and broader criminal justice problems, recommending professionalization and standardized procedures. 6. **Flaws in the Justice System** - **Overregulation and Complexity**: Excessive rules hindered effectiveness and contributed to corruption. - **Inconsistencies**: Varied practices across jurisdictions led to unequal treatment. 7. **Research Initiatives and Modernization** - **Scientific Approach**: Emphasis on data collection, analysis, and empirical research to inform policies. - **Professionalization**: Training and education became priorities to improve competency and ethics. 8. **American Bar Foundation (ABF) Findings** - **Hidden Processes**: Revealed discretionary decisions by police and prosecutors that were not transparent. - **Discretionary Power**: Highlighted the need for oversight and standardized guidelines. 9. **Understanding the \"System\" Concept** - **Interconnectedness**: Recognizing that police, courts, and corrections are part of an integrated system. - **Collaboration Necessity**: Emphasized cooperation for efficiency and fairness. **B. Federal Involvement** **Examples:** - **President's Commission on Law Enforcement and Administration of Justice (1967)**: Produced over 200 recommendations for improvements, leading to significant changes in policing, courts, and corrections. - **Safe Streets and Crime Control Act of 1968**: Funded criminal justice initiatives, supported research, and aimed to reduce crime through improved law enforcement techniques. - **National Institute of Justice (NIJ)**: Focused on research and development to advance technology and practices in crime control and justice administration. - **Law Enforcement Assistance Administration (LEAA)**: Provided grants and technical assistance, supporting projects like the development of 911 systems and criminal justice education programs. **C. Evidence-Based Justice: A Scientific Evolution** 1. **Research-Informed Policies** - **Data-Driven Decision Making**: Policies are formulated based on empirical evidence rather than intuition or tradition. - **Accountability and Transparency**: Programs are evaluated for effectiveness, promoting trust and legitimacy. 2. **Federal and Private Funding** - **NIJ, OJJDP, BJS**: Federal agencies supporting research on crime trends, prevention strategies, and justice system improvements. - **Pew Charitable Trusts**: Funds research on corrections reform, sentencing policies, and cost-benefit analyses. 3. **Scientific Data Collection** - **Surveys and Studies**: Tools like the National Crime Victimization Survey (NCVS) provide insights into unreported crimes. - **Technology Integration**: Use of databases, forensic advancements, and crime mapping enhances data accuracy. 4. **Program Evaluation** - **Outcome Measurements**: Programs are assessed on recidivism rates, cost savings, and community impact. - **Evidence Hierarchies**: Randomized controlled trials are considered the gold standard in evaluating effectiveness. **III. The Contemporary Criminal Justice System** **A. Overview** 1. **Instrument of Social Control** - **Enforcement of Norms**: Upholds societal rules and expectations through laws and regulations. - **Deterrence and Punishment**: Aims to discourage criminal behavior through the threat or application of penalties. 2. **Power to Prevent or Reduce Crime** - **Proactive Policing**: Strategies like community policing and hot-spot policing target crime prevention. - **Legal Sanctions**: Sentencing guidelines and mandatory minimums serve as deterrents. 3. **Informal Social Control** - **Family Influence**: Parental guidance and supervision shape moral development. - **Educational Institutions**: Schools instill discipline and social values. 4. **Division into Police, Courts, and Corrections** - **Police**: Frontline responders responsible for law enforcement and initial investigations. - **Courts**: Judicial bodies that interpret laws, oversee trials, and render judgments. - **Corrections**: Agencies managing incarceration, probation, parole, and rehabilitation. 5. **Political Entities within Government Branches** - **Legislative Role**: Creates laws defining crimes and penalties. - **Judicial Role**: Ensures laws comply with constitutional standards, interprets statutes, and oversees trials. - **Executive Role**: Implements and enforces laws, manages agencies, and administers public policy. 6. **Legislative Functions** - **Defining Criminal Conduct**: Legislatures classify offenses (e.g., felonies, misdemeanors). - **Establishing Penalties**: Setting sentencing ranges and guidelines. 7. **Judiciary Functions** - **Constitutional Review**: Courts can invalidate laws infringing on rights. - **Legal Interpretation**: Judges apply statutes to cases, setting legal precedents. 8. **Executive Functions** - **Administration of Agencies**: Oversight of police departments, prosecutors, and corrections. - **Policy Implementation**: Executing laws and directives from the legislative branch. **B. Scope of the System** 1. **Size and Complexity** - **Nationwide Coverage**: The system operates at federal, state, and local levels, addressing diverse legal needs. - **Diverse Jurisdictions**: Different laws and procedures across states add to complexity. 2. **Economic Impact** - **Budget Allocation**: Significant funds are allocated for salaries, infrastructure, technology, and programs. - **Employment**: The system is a major employer, with roles ranging from officers to administrative staff. **C. Crime Rates and Arrests** - **Decline in Crime**: Factors include improved policing strategies, demographic changes, and economic conditions. - **Persistent Arrest Numbers**: Despite lower crime rates, enforcement efforts result in millions of arrests annually, reflecting ongoing challenges. **IV. The Formal Criminal Justice Process** **A. Overview** 1. **Sequential Process** - **From Arrest to Reentry**: The journey of an individual through the system involves multiple stages, each with legal requirements and protections. 2. **Key Decision Makers** - **Law Enforcement**: Decisions on arrests, charges, and referrals. - **Prosecutors**: Charge determination, plea negotiations. - **Judges**: Rulings on motions, sentencing decisions. - **Corrections Officials**: Classification, parole recommendations. 3. **Influence of Legal and Extralegal Factors** - **Legal Factors**: Evidence strength, offense severity, legal precedents. - **Extralegal Factors**: Age, race, gender, socioeconomic status, which may unintentionally influence decisions. 4. **Criticism of Extralegal Influences** - **Bias and Discrimination Concerns**: Studies show disparities in treatment based on race or economic status. - **Calls for Reform**: Advocacy for training, oversight, and policies to mitigate bias. 5. **Informal Handling of Cases** - **Diversion Programs**: Redirecting offenders to treatment or education. - **Community Service**: Alternatives to incarceration for minor offenses. **B. Formal Procedures** 1. **Initial Contact** - **Citizen Reports**: Victims or witnesses alert authorities. - **Officer Observations**: Patrols may identify suspicious activities. 2. **Investigation** - **Evidence Gathering**: Collecting physical evidence, surveillance footage, digital data. - **Witness Interviews**: Statements from victims and bystanders. 3. **Arrest** - **Probable Cause Requirement**: Sufficient reason to believe a crime was committed. - **Arrest Warrants**: Judicial authorization for arrests when necessary. 4. **Custody** - **Booking Process**: Recording personal information, fingerprinting, photographing. - **Interrogation Rights**: Miranda rights ensure suspects are aware of their rights. 5. **Charging** - **Prosecutorial Discretion**: Assessing charges based on evidence and legal standards. - **Complaint Filing**: Formal documentation of charges. 6. **Preliminary Hearing/Grand Jury** - **Preliminary Hearing**: Judge determines probable cause. - **Grand Jury**: Citizens decide if sufficient evidence exists to indict. 7. **Arraignment** - **Formal Reading of Charges**: Defendant hears charges and rights. - **Plea Entry**: Options include guilty, not guilty, no contest. 8. **Bail/Detention** - **Bail Determination**: Considerations include flight risk and public safety. - **Pretrial Detention**: Holding defendants who cannot make bail or are denied bail. 9. **Plea Bargaining** - **Negotiations**: Exchange of concessions between defense and prosecution. - **Settlement Agreements**: May include reduced charges or sentencing recommendations. 10. **Trial/Adjudication** - **Bench vs. Jury Trial**: Choice between judge or jury determining outcome. - **Burden of Proof**: Prosecution must prove guilt beyond a reasonable doubt. 11. **Sentencing/Disposition** - **Sentencing Guidelines**: Frameworks to ensure consistency. - **Victim Impact Statements**: Victims may express how the crime affected them. 12. **Appeal/Post-Conviction Remedies** - **Grounds for Appeal**: Legal errors, ineffective counsel, new evidence. - **Appellate Courts**: Review cases for procedural fairness. 13. **Correctional Treatment** - **Incarceration**: Serving time in prison or jail. - **Rehabilitation Programs**: Education, vocational training, counseling. 14. **Release** - **Parole**: Conditional release before sentence completion. - **Mandatory Release**: Release after serving a statutory percentage of the sentence. 15. **Post-Release** - **Reentry Programs**: Support services for housing, employment, and counseling. - **Supervision**: Parole officers monitor compliance with release conditions. **C. The Criminal Justice Assembly Line** 1. **Packer\'s Assembly Line Model** - **Efficiency Emphasis**: Streamlined processing to handle high caseloads. - **Standardization**: Uniform procedures to expedite cases. 2. **Screening Process** - **Filtering Cases**: Early stages may eliminate cases lacking evidence. - **Resource Allocation**: Focusing efforts on more serious offenses. 3. **Decision Points** - **Critical Junctures**: Decisions at each stage can significantly alter outcomes. 4. **Funnel Effect** - **Attrition Rates**: Many cases drop out due to dismissals, diversions, or insufficient evidence. 5. **Undetected Crimes** - **Dark Figure of Crime**: Unreported or undiscovered crimes not reflected in official statistics. 6. **Systemic Challenges** - **Overburdened Courts**: High caseloads lead to delays. - **Resource Limitations**: Funding and staffing constraints impact efficiency. **V. The Informal Criminal Justice System** **A. Overview** 1. **Administrative Procedures** - **Customary Practices**: Established routines and norms guide informal processes. - **Rule of Law**: Informality operates within legal frameworks. 2. **Informal Cooperation** - **Negotiated Justice**: Parties work together to resolve cases efficiently. - **Shared Goals**: Emphasis on reducing caseloads and ensuring justice. 3. **Discretionary Authority** - **Police Discretion**: Decisions on warnings, citations, or arrests. - **Prosecutorial Discretion**: Choices on charging, plea offers, and sentencing recommendations. **B. The Courtroom Work Group** 1. **Collaborative Relationships** - **Interdependence**: Prosecutors, defense attorneys, and judges rely on each other. - **Shared Understanding**: Mutual recognition of constraints and objectives. 2. **Plea Negotiations** - **Efficiency**: Plea bargains resolve cases quickly, conserving resources. - **Criticisms**: Concerns about coercion and justice being compromised. 3. **Avoidance of Trials** - **Time and Cost Savings**: Trials are lengthy and expensive. - **Predictability**: Plea agreements offer more control over outcomes. 4. **Case Management** - **Scheduling Coordination**: Balancing court calendars and availability. - **Workload Distribution**: Managing caseloads to prevent overload. 5. **High Rate of Plea Deals** - **System Dependency**: The system relies on plea bargaining to function. **C. The Wedding Cake Model of Justice** 1. **Four-Layer Model** - **Illustration of Case Treatment**: Different layers represent how cases are prioritized. 2. **Level I - Celebrated Cases** - **Characteristics**: High-profile, media-intensive, involving celebrities or heinous crimes. - **Impact**: Influence public perception and may lead to legal reforms. - **Kidnapping of Elizabeth Smart**: High media coverage, leading to discussions on child abduction prevention. - **George Zimmerman Trial**: National debate on self-defense laws and racial profiling. 3. **Level II - Serious Felonies** - **Characteristics**: Violent crimes with strong evidence and significant penalties. - **System Response**: Full formal process, less likelihood of plea bargains. - **Rape Cases**: Prosecuted aggressively due to severity. - **Career Criminals**: Offenders with extensive records receive focused attention. 4. **Level III - Less Serious Felonies** - **Characteristics**: Non-violent or less severe crimes, often involving acquaintances. - **System Response**: More likely to result in plea deals or probation. - **Domestic Assaults**: May be handled with counseling or mediation. - **Minor Drug Offenses**: Potential for diversion programs. 5. **Level IV - Misdemeanors** - **Characteristics**: Low-level offenses with minimal penalties. - **System Response**: Handled swiftly, often with standardized penalties. - **Public Drunkenness**: Typically resolved with fines. - **Minor Assault**: May result in community service or short-term jail. **VI. Perspectives on Justice** **A. Overview** 1. **Diverse Beliefs and Goals** - **Philosophical Differences**: Varied opinions on punishment vs. rehabilitation. - **Policy Implications**: Perspectives influence laws and justice system practices. 2. **Conservative Views** - **Law and Order Focus**: Emphasis on strict enforcement and deterrence. - **Resource Allocation**: Advocating for increased funding for policing and prisons. 3. **Liberal Views** - **Social Justice Focus**: Addressing root causes like poverty and inequality. - **Preventative Measures**: Investing in education, housing, and healthcare. 4. **Balancing Act** - **Public Safety vs. Individual Rights**: Striving to protect society while upholding freedoms. - **Effective Strategies**: Seeking evidence-based solutions that achieve desired outcomes. **B. The Crime Control Perspective** 1. **Punishment as Deterrence** - **Swift and Certain Punishment**: Belief that prompt consequences prevent crime. - **Incapacitation**: Removing dangerous individuals from society. 2. **System Efficiency** - **Reducing Delays**: Streamlining procedures to process cases quickly. - **Limiting Appeals**: Advocating for finality in convictions. 3. **Legal Roadblocks** - **Challenging Exclusionary Rule**: Arguing that suppressing evidence hinders justice. - **Reducing Technicalities**: Simplifying legal processes to focus on outcomes. 4. **Dominance of this Vision** - **Policy Trends**: Increased sentencing laws, expansion of police powers. **C. The Rehabilitation Perspective** 1. **Addressing Underlying Causes** - **Socioeconomic Factors**: Recognizing the role of environment in criminal behavior. - **Individualized Treatment**: Tailoring interventions to offender needs. 2. **Negative Impact of Inequality** - **Opportunity Gaps**: Lack of access to education and employment leads to crime. - **Community Investment**: Improving neighborhoods to prevent crime. 3. **Government Programs** - **Education and Job Training**: Providing skills for lawful employment. - **Mental Health Services**: Treating issues that contribute to criminality. **Example:** - **Drug Treatment Programs**: Offering alternatives to incarceration for substance-related offenses. **D. The Due Process Perspective** 1. **Emphasis on Rights** - **Constitutional Protections**: Safeguarding against arbitrary government actions. - **Fair Procedures**: Ensuring justice is administered impartially. 2. **Monitoring Discretion** - **Transparency and Accountability**: Oversight of officials to prevent abuse. **Example:** - **Wrongful Convictions**: Highlighting the importance of due process to prevent miscarriages of justice. **E. The Nonintervention Perspective** 1. **Minimal System Involvement** - **Least Intrusive Methods**: Using warnings or civil remedies when appropriate. - **Avoiding Labeling**: Preventing the negative effects of criminal records. 2. **Reducing Stigma** - **Reintegration Focus**: Helping offenders become productive citizens. 3. **Policy Approaches** - **Decriminalization**: Lowering penalties for certain offenses. - **Deinstitutionalization**: Moving away from incarceration toward community-based solutions. **Example:** - **Pretrial Diversion Programs**: Allowing offenders to avoid prosecution through rehabilitation efforts. **F. The Equal Justice Perspective** 1. **Uniform Treatment** - **Eliminating Disparities**: Ensuring equality regardless of personal characteristics. - **Consistent Sentencing**: Applying the same standards to all offenders. 2. **Proportional Punishment** - **Just Deserts**: Punishment should fit the crime\'s severity. **Examples:** - **Truth-in-Sentencing Laws**: Offenders serve most of their imposed sentence. **G. The Restorative Justice Perspective** 1. **Healing Approach** - **Victim-Offender Mediation**: Facilitating dialogue to address harm. - **Community Involvement**: Engaging stakeholders in the justice process. 2. **Peacemaking Philosophy** - **Reconciliation**: Aiming for mutual understanding and resolution. **Examples:** - **Community Policing**: Building trust between law enforcement and communities. - **Restitution Programs**: Offenders compensate victims directly. **H. Perspectives in Perspective** 1. **Advocacy and Influence** - **Policy Shifts**: Different eras prioritize different perspectives. - **Balancing Views**: Integrating elements from multiple perspectives. 2. **Dominant Models** - **Crime Control and Equal Justice**: Recent emphasis on punishment and consistency. 3. **Informal Treatment** - **Efficiency Needs**: Informal resolutions help manage caseloads. 4. **Defendant Protections** - **Due Process Safeguards**: Ensuring rights are upheld even with efficiency goals. 5. **No Singular Correct View** - **Complexity of Justice**: Recognizing that multiple approaches contribute to effective justice administration. **VII. Ethics in Criminal Justice** **A. Overview** 1. **Importance of Ethics** - **Public Trust**: Ethical conduct is essential for legitimacy. - **Professional Responsibility**: Upholding standards reflects on the entire system. 2. **Moral Ambiguity** - **Complex Situations**: Ethical dilemmas often lack clear-cut answers. 3. **Power Dynamics** - **Authority and Responsibility**: Those in power must exercise discretion wisely. 4. **Transcendent Issues** - **System-Wide Relevance**: Ethics affect all components, from policing to corrections. **B. Ethics and Law Enforcement** 1. **Authority to Use Force** - **Necessity and Proportionality**: Force must be appropriate to the situation. **Examples:** - **Use of Force Policies**: Guidelines dictate when and how force can be applied. - **Code of Conduct**: Ethical standards promote integrity and respect for rights. **C. Ethics and the Court Process** 1. **Prosecutorial Ethics** - **Dual Role Challenges**: Balancing advocacy with duty to justice. **Examples:** - **Disclosure Obligations**: Must share exculpatory evidence with the defense. - **Avoiding Misconduct**: Prohibited from presenting false evidence or influencing juries improperly. 2. **Defense Attorney Ethics** - **Client Advocacy** - **Zealous Representation**: Defending clients within legal bounds. - **Officer of the Court** - **Honesty and Integrity**: Cannot facilitate perjury or illegal actions. **D. Ethics and Corrections** 1. **Inmate Treatment** - **Human Rights Considerations**: Ensuring humane conditions and respect for dignity. 2. **Discretionary Power** - **Fair Discipline**: Sanctions must be just and follow due process. 3. **Coercive Authority** - **Preventing Abuse**: Oversight mechanisms to address misconduct. **Examples:** - **Disciplining Inmates**: Procedures must be transparent and justified. - **Solitary Confinement Ethics**: Debates over psychological impacts and humane use.