Chapter 1 What Is Criminal Justice? CHAPTER OVERVIEW Chapter 1 introduces the subject of criminal justice. It describes the major theme of the book and discusses whether the criminal justice process actually functions as a “system”. It then provides an overview of the criminal justice process and the textbook as a whole. Finally, it discusses multiculturalism and diversity and the unique challenges and opportunities they present for the criminal justice system. The major theme of the book, individual rights versus public order, is a primary determinant of the nature of contemporary criminal justice. Individual rights advocates focus on protecting personal freedoms and civil rights within our society while public order advocates suggest that under certain circumstances involving criminal threats to public safety, the interests of society should take precedence over individual rights. Individual rights and community interests are delicately balanced in our criminal justice system. Attempts to expand individual rights affect community interests; conversely, as community interests have expanded more recently, individual rights have been limited. Balancing these competing interests revolves around individual conceptions of social justice. The criminal justice system includes a number of component agencies: police, courts, and corrections. However, whether it functions as a “system” has been called into question. The consensus model supports the system view, arguing that there is a high level of cooperation among agencies and individuals in the system, and that the components of the system operate without conflict. Conversely, the conflict model of criminal justice views the operation of these components from a different perspective, arguing that the goals of individual agencies differ and various external pressures fragment their efforts, leading to a criminal justice “nonsystem.” Both models have value in helping us understand the operation of the criminal justice system. Although the agencies of justice have a diversity of functions, they are linked closely enough for the term system to be applied. However, their sheer size makes effective inter-agency cooperation difficult. The author provides an overview of the book and introduces the stages in the justice process. In general, the criminal justice process begins with the police who are responsible for conducting an investigation, making an arrest if probable cause can be established, and booking the suspect. Pretrial activities begin with the first appearance, where the suspect is brought before a judge and may have the opportunity for bail. A preliminary hearing will then be conducted to determine whether there is probable cause and whether the criminal justice process should continue. In some states, the prosecutor may then seek to continue the case by filing an information with the court; in others, an indictment must be returned by a grand jury before prosecution can proceed. The suspect then goes to arraignment and is asked to enter a plea. If the defendant does not plead guilty, a trial will be held. After conviction, the judge imposes punishment in the form of a sentence, after which the corrections stage begins. As required by the U.S. Constitution, criminal justice case processing must be conducted with fairness and equity, also known as due process. Due process underlies the Bill of Rights; the guarantees in the Bill of Rights has been interpreted and clarified by the Supreme Court. Court decisions provide rights in practice and often carry as much weight as legislative action. The two models of justice are also discussed. The crime-control model values efficiency while the due process model emphasizes individual rights. While these goals appear opposing, it 1 Copyright © 2021 Pearson Education, Inc.
is realistic to think of the American system of justice as representative of crime control through due process – a system of social control that is fair to those whom it processes. The move towards evidence-based practice is discussed, as well as a brief introduction to the beginnings of academic criminal justice and criminology. Finally, the issue of multiculturalism, which describes a society that is home to a multitude of different cultures, each with its own set of norms, values and behaviors, is introduced. The face of multiculturalism in America is different today than in the past. Multiculturalism is one form of diversity; diversity characterizes both immigrant and U.S.-born individuals.
CHAPTER OBJECTIVES After reading this chapter, students should be able to 1. 2.
3. 4. 5. 6. 7. 8.
Summarize the history of crime in America and corresponding changes in the American criminal justice system. Describe the public order (crime-control) and individual rights (due process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives. Explain the relationship between criminal justice and general concepts of equity and fairness. Describe the American criminal justice system in terms of its three major components and their respective functions. Describe the process of American criminal justice, including the stages of criminal case processing. Define due process of law, including where the American legal system guarantees due process. Describe the role of evidence-based practice in contemporary criminal justice. Explain how multiculturalism and social diversity present special challenges to, and opportunities for, the American system of criminal justice.
CHAPTER OUTLINE I.
Introduction • Discuss current events that have affected public attitudes toward the American criminal justice system. Explain the concept of procedural fairness and discuss its importance in the American justice system. • Ask students to discuss how recent events, including both acts of violence by police and assaults on police, have affected their view of the criminal justice system? • Explain how crime is defined in this textbook and ask students if they can think of additional ways it might be defined. • Ask students whether a random act of violence has recently occurred in their community. You can also ask about an event they might have heard about recently on the news or read about on the Web. Ask them to discuss their initial response, and ask whether they are concerned about possibly becoming a victim of such random violence.
II. A Brief History of Crime in America • Provide students with a historical perspective of crime in the last half century. An effective way to highlight the changes is to simply provide a timeline of critical events (those discussed in this section and those listed in Figure 1-1). Discuss the importance of 2 Copyright © 2021 Pearson Education, Inc.
these high-profile cases and how they influence public understanding of criminal justice. Ask students what other high profile crimes they remember. • Ask students to discuss why the increased emphasis on individual rights beginning in the 1960s was associated with an increase in reported crime. • Ask students to discuss whether they consider crimes committed via cyberspace to be more or less serious than similar crimes that are not Internet-based. • Engage students in a discussion of why crime and criminal justice are such important political issues. Ask them how the political process can be influenced by high-profile media events, such as any of the incidents discussed at the beginning of the chapter. Discuss the September 11 attacks with students, and then describe how politicians responded by enacting the USA PATRIOT Act. III. The Theme of This Book • Highlight the key differences between the individual-rights and public-order perspectives. • Ask students if they identify more with what the book calls the individual-rights perspective or the public-order perspective? Ask them to consider what experiences they have had that might explain their affinity for that perspective? • Ask students whether they see a trend in our society in favor of individual-rights or public-order interests. Encourage them to present examples to support their opinions. • Ask students to discuss the relative merits of the individual-rights and public-order perspectives. Discuss how the goals of both perspectives might be balanced in contemporary society. • Poll students to determine their identification with either the individual-rights perspective or the public-order perspective. After polling is complete, assign students to presentation groups by asking those who most closely identify with the public-order perspective to defend individual rights, and vice versa. Such role reversal can be interesting in its own right, but it may also serve to broaden students’ appreciation for the values of others. • Divide the class into groups, and assign one group to be individual-rights advocates and the other to be public-order advocates. A good issue for students to examine is the profiling of airline passengers. Explain to students how the criminal justice system’s response to the events of September 11, 2001 has significantly changed airport screening procedures. Ask the students representing the public-order advocates to prepare a list of personal characteristics (e.g., race, ethnicity, gender, age, clothing) that they would seek to utilize in screening potential dangerous passengers in an airport terminal. Ask the students viewing this issue as individual-rights advocates to provide a list of stereotypes or situations regarding passengers in a terminal that might indicate an unreasonable search or seizure by the criminal justice system. After placing both lists on the board for everyone to see, have the two groups debate the topic. • Have students collect clippings and stories from the Web, newspapers, and magazines, and do a short report or presentation noting which criminal justice–related topics (such as individual rights, social control, policing, terrorism, and violent crime) receive the most coverage. IV. Criminal Justice and Basic Fairness • Explain the differences between criminal justice and social justice. Contrast the focus of criminal justice (violations of the criminal law) and civil justice (fairness in relationships among citizens, government agencies, and businesses in private matters). 3 Copyright © 2021 Pearson Education, Inc.
• Discuss the concept of justice, and ask students what justice means to them. Ask them whether “justice for all” is a reasonable expectation for our system of criminal justice. Have them discuss other ways of achieving justice, other than through the formal criminal justice process. • Explain the relationship of criminal justice to fundamental notion of fairness and to the wider notions of equity and morality. • Explain that the word “justice” in “criminal justice” implies a sense of basic fairness, and that no criminal justice system will seem fair to the citizens it serves unless it rings true to the basic sense of fairness to which those citizens hold. • Explain that criminal justice is “truth in action” within the process of administrative justice and that while justice the ultimate goal of criminal justice, the reality frequently falls short of the ideal V. American Criminal Justice: System and Functions A. The Consensus Model • Explain that the consensus model of criminal justice envisions the components of the criminal justice system as functioning together to achieve the goal of justice. B. The Conflict Model • Explain that the conflict model of criminal justice envisions the components of the criminal justice system as serving their own interests and competing with one another over scarce resources, public recognition, and various other forms of accomplishment. • Compare and contrast the consensus and conflict models of criminal justice and discuss the importance of both models in the study of the criminal justice system. • Ask students to discuss which model (consensus or conflict) best describes the American system of criminal justice and to explain why they hold that view. • Ask students to consider why the author says that the various agencies of justice are linked closely enough to be termed a system while at the same time he agrees with Skolnick’s idea of a criminal justice nonsystem. • One way to teach students about the consensus and conflict models is to discuss the limitations that tax-supported funding can place on criminal justice agencies. Explain that the consensus model is most likely to be present in areas where the state and local tax bases can provide for adequate staffing of police, criminal courts, and correctional agencies; because each agency can afford more services, this leads to greater cooperation between agencies. Then explain how budget cuts that occur in times of limited tax revenues may result in increased workloads for the various components of the system. Operating within the constraints of a fixed budget can create fragmented efforts, as each subcomponent must make more of an individual effort to deliver services in an environment that does not always encourage maximum cooperation between agencies. VI. American Criminal Justice: The Process • Explain the criminal justice system in terms of its main components: the police, the courts, and corrections. • Use Figure 1-4 to provide students with a brief overview or “road map” of the criminal justice process and explain that each stage in the process will be covered in more detail throughout the text. 4 Copyright © 2021 Pearson Education, Inc.
A. Investigation and Arrest • Explain the use of arrest warrants. • Explain the U.S. Supreme Court decision, Miranda v. Arizona and the requirement to advise individuals of their rights prior to questioning. Discuss the impact this decision has had on criminal justice. B. Pretrial Activities • Explain how the court process begins, and discuss what occurs at the first appearance, including the bail process. • Explain probable cause by showing that as actors in the criminal justice system develop a case against a suspect, the information available to them and their belief about the defendant’s culpability generally build according to the following steps: (1) reasonable suspicion, (2) probable cause, (3) a preponderance of the evidence, (4) clear and convincing proof, and finally (5) proof beyond a reasonable doubt. • Explain the difference between an indictment and an information. • Discuss the pros and cons of the grand jury system. Lead a discussion as to whether the grand jury system should be abolished. • Explain why a judge may choose not to accept a guilty plea and what happens if a defendant “stands mute” and refuses to enter a plea of any type. C. Adjudication • Explain why most cases do not come to trial and discuss the implications of this. • Introduce the concept of precedent as understandings built up through common usage and also as decisions rendered by courts in previous cases. • The text mentions the large percentage of cases that are plea bargained. Briefly discuss the implications of plea bargaining on the defendant, including giving up the right to trial and the presumption of innocence. D. Sentencing • Discuss the difference between consecutive and concurrent sentences. Ask the class to discuss factors that a judge might consider when deciding between consecutive and concurrent sentences. E. Corrections • Discuss some of the problems with modern prisons. F. Reentry • Explain that not all convicted offenders are incarcerated. VII. Due Process and Individual Rights • Discuss the concept of due process and explain why it is such a central notion in American criminal justice. • Ask students to discuss what our justice system would be like without due process? Ask if they would want to live in a society that did not guarantee due process rights. Why or why not. A. The Role of the Courts in Defining Rights • Discuss the concept of separation of powers and the implications of allowing Supreme Court decisions to carry as much weight as legislative actions. 5 Copyright © 2021 Pearson Education, Inc.
• Explain why many rights written into the Constitution did not exist in practice until the Supreme Court decided to recognize them in cases brought before it. • Explain the concept of “judge-made law” and the importance of Supreme Court decisions. B. The Ultimate Goal: Crime Control through Due Process • Explain the crime control and due process models of criminal justice and emphasize that their goals are not necessarily mutually exclusive. Although the two goals appear opposing, explain that the view of the justice system as representative of crime control through due process is a realistic one. • One way to illustrate the concerns of due process model is by discussing a case in which a defendant was wrongfully convicted. If applicable, discuss the ways in which DNA technology has both assisted law enforcement and also helped free innocent people who were wrongly-convicted. Relevant cases that could be discussed include: Rubin “Hurricane” Carter (the subject of the movie The Hurricane) Randall Dale Adams (the movie The Thin Blue Line was based on his case) The Kern County child abuse cases (the subject of the documentary Witch Hunt) Ron Williamson and Dennis Fritz (the basis for John Grisham’s book The Innocent Man: Murder and Injustice in a Small Town) o Cameron Todd Willingham (the subject of the documentary film Incendiary: The Willingham Case) VIII. Evidence-Based Practice in Criminal Justice o o o o
• Explain evidence-based practice, and describe the role of evidence-based research in contemporary criminal justice. • Stress the difference between “evidence-based practices” and “criminal evidence” • Describe the work of the Campbell Collaboration’s Crime and Justice Coordinating Group and explain why systematic reviews of research are so important today. A. The Start of Academic Criminal Justice • Explain the similarities and differences between criminology and criminal justice. IX. Multiculturalism and Social Diversity in Criminal Justice • Explain how multiculturalism and diversity present special challenges to, and opportunities for, the American system of criminal justice. • Expand upon the concept of social diversity and review other types of diversity in addition to multiculturalism. • Ask students to consider how the multicultural nature of the U.S. has changed over time, and how it might continue to change in the near future. • A good way for students to appreciate the complex role that the criminal justice system faces in a multicultural society is to identify distinct languages used in America. Have students identify cities in the U.S. in which multiple languages (other than English) are spoken. Have students discuss whether the criminal justice system should pay a higher salary to employees who have bilingual skills. • Discuss the importance of cultural competence within the criminal justice system.
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