Chapter 1: Criminal Justice in Action PDF

1 CHAPTER 1: Criminal Justice in Action Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, o...

1 CHAPTER 1: Criminal Justice in Action Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  2  The Consensus Model  Assumes that as a society is formed, its members will come to an agreement about shared norms and values What Is  Views crimes as acts that violate this shared Crime? value system and are deemed harmful to society  Proposes that as societal norms and values about morality change, laws will change Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  3  The Conflict Model  In large, diverse societies, people may not share beliefs about controversial issues.  The most politically powerful members of society What Is have the most influence on criminal law and impose their value system on the community. Crime?  What is deemed criminal activity is determined by whichever group happens to be holding power at any given time. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  4  An integrated definition of crime  An action that is punishable under criminal law, as established by the majority or a powerful minority What Is  Considered an offense against society as a whole and prosecuted by public officials Crime?  Punishable by statutorily determined sanctions that bring about a loss of personal freedom or life Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  5  Violent crime—against persons (murder, sexual assault, assault, battery, robbery)  Property crime—for economic gain (larceny, burglary, arson) The Five  Public order crime—“victimless” crimes (public Categories of drunkenness, prostitution, gambling, illicit drug use) Criminal  White-collar crime—for business or personal Behavior advantage  Cyber crime—computer crimes, Internet crimes (hacking, identity theft, “dark web” crimes) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  6  Maintaining justice  Protecting society  To protect society from potential future crimes of the most dangerous or “risky” The Purpose offenders of the  To determine when an offense has been committed and to provide appropriate Criminal punishment  To rehabilitate those offenders who have Justice been punished so that it is safe to return System them to the community  To support crime victims and, to the extent possible, return them to their pre-crime status Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  7 The Three Levels of Law Enforcement Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  8  Federalism is central to the structure of the criminal justice system. The  Power is shared by the federal and state governments. Structure of  The criminal justice system is composed of three the Criminal components. Justice  Law enforcement agencies  Courts System  Corrections Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  9  Local law enforcement  City police agencies  County sheriffs  State law enforcement  State police  Highway patrols The Structure  Other state law enforcers such as fire marshals, wildlife of the Criminal wardens, etc. Justice System  Federal law enforcement (Law Enforcement)  The Department of Homeland Security  The Federal Bureau of Investigation (FBI)  The Secret Service  The Drug Enforcement Administration (DEA)  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  10  The courts  The United States has a dual court system—federal The and state  Comprised of one federal court, fifty different state Structure of court systems, plus the District of Columbia the Criminal  The criminal court and its work group Justice  The judge, prosecutors, and defense attorneys  Charged with the weighty responsibility of System (The determining the innocence or guilt of criminal suspects Courts) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  11 The  Corrections Structure of  Probation  Incarceration the Criminal  Community-based corrections Justice  Parole System (Corrections) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  12  Criminal justice process  The formal criminal justice process  Functions as an assembly-line The Criminal  Arrest > trial > sentencing Justice  The informal criminal justice process  Based on the use of discretion to offset the Process rigidity of criminal statutes and procedural rights. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  13  Discretion: the ability of individuals in the criminal justice system to make operational decisions based on personal judgment.  Discretion is sometimes used in biased ways. Discretion  Ideally, actors in the criminal justice system will make moral choices about what is right and wrong and Ethics based on societal norms.  Ethics: moral principles that govern a person’s perception of right and wrong. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  14  The Crime Control Model  Primary emphasis on punishing and repressing Criminal criminal conduct Justice  Advocates for a quick and efficient system  Places few restrictions on ability of law enforcement Today to use discretion in apprehending criminals Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  15  The Due Process Model  Primary emphasis on protecting rights of accused through formal, legal restraints on police, courts, and Criminal corrections  Relies on courts to make it more difficult to prove Justice guilt  Rests on the belief that it is more desirable that Today ninety-nine guilty suspects go free than a single innocent person be condemned Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  16  Smarter policing  Proactive policing promotes more rigorous enforcement of minor offenses in order to prevent more serious crimes. Criminal  Identifying criminals Justice  DNA profiling allows law enforcement to identify suspects from body fluid evidence or biological Today evidence.  Biometrics read a person’s unique physical characteristics and report identity to police. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  17  Continuing challenges for law enforcement  Street gangs  Gun use and crime  Most gang related homicides are not crime-related  Research states that most gang deaths are due to inter-gang conflict and firearms Criminal  Legal gun ownership is widespread  The U.S. Constitution protects an individual’s right to bear arms Justice  Mass shootings have also focused national attention on gun violence Today  Issues of race and public trust  Illegal drugs  The heroin epidemic  An emphasis on controlling the use of illegal drugs  Opioid use and abuse in America is a troubling trend  Local gangs in many cities are involved in turf battles in the heroin trade Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  18  Gun control policy  Gun control refers to the policies that federal and state governments implement to limit access to firearms in the U.S.  Supporters of more gun control blame a lack of it for the nation’s high homicide and murder rates  Opponents of gun control argue Second Amendment rights Criminal  Regulating gun ownership  Background checks Justice  The U.S. Supreme Court has upheld the use of background checks Today  The Brady Bill requires a person wishing to purchase a gun to complete an application  Mental health issues  A person may be deemed “mentally defective” if:  A danger to himself or herself or others  Lacks mental capacity to manage own affairs  Has been found insane or incompetent by a court Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  19  Gun control policy  Recent legislative gun control efforts  Federal inaction has led to state laws and decisions on gun control Criminal  The states have widely varying gun control laws Justice  Some states have “right to carry” laws  Other states have strict gun control policies Today in place  The U.S. Supreme Court has refused to hear gun control cases since 2008 Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  20  Changing landscape of policing  The recent cases of perceived, alleged, and proven police brutality have resulted in a higher scrutiny on police and policing  The camera’s eye  Police use of force has become highly controversial Criminal and investigated  Racial tension in communities has grown in the Justice aftermath of recently video-recorded and publicized instances of police use of force Today  Police misconduct investigations have focused on racial motivations and inaccuracies in formal reporting  Pressure on police  Citizen videography has increased pressure on police  Increased pressure has led to tension between law enforcement officers and the communities they serve  Nationwide, a “de-policing” movement is underway Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  21  Prison population trends  The “Deincarceration” movement  Justice reinvestment  An umbrella term for policies that redirect funds saved by lowering a state’s prison population  Recidivism  Refers to the act of committing another crime after having been punished previously  Diversion  A strategy that diverts offenders from incarceration to the community  Release and reentry Criminal   A program that provides ex-offenders with treatment for drug and alcohol addictions and mental illness Justice Declining use of the death penalty  Near the end of 2014, the death row population in American prisons stood at 3,035 down from 3,653 in 2000 Today  During that same time period, annual executions dropped from 85 to 35, a twenty- year low  Incarceration and race  The economics of incarceration  Federal, state, and local governments spend more than eighty billion dollars a year on corrections  Budget cuts are a pressing issue in the field  A troublesome fact is that black defendants are much more likely to be sentenced to death for killing a white victim than vice versa  The number of black inmates is significantly higher than whites even though blacks make up only 13% of the population Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 10th Edition. © 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.