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Chapter 1: Intro to CJ

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by

Keryn Lemp

on 1 September 2014

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Transcript of Chapter 1: Intro to CJ

Cesare Beccaria
-1764 On Crime and Punishment
-only minimum amount of punishment needed to control crime IF criminals knew they would be discovered and punished
-view of capital punishment?
-DETERRENCE!

Different Views:
Maintaining Order
Enforcing the Law
Rehabilitation of Criminals
Social control defends citizens
Fair & Equal Treatment before the law
How is it becoming modernized?
<--Brief theoretical development!
What is Criminal Justice?
Contemporary CJS
Legislative. Judicial. Executive.
Perspectives on Justice
1. Crime Control: crime happens because they choose to do it
--> result?
Chronological Order
1829: First Police Agency, London Metropolitan Police
Two Tasks!
U.S. police agencies appeared in mid-19th century, along with prisons
1919: Chicago Crime Commission; citizens advocate group that kept track of the local justice agencies
1931: Herbert Hoover appoints National Commission of Law Observance & Enforcement (aka Wickersham Commission)
*analysis of U.S. justice system-->identified the issues present
*treatment and rehabilitation
1950's: American Bar Foundation [ABF]
More studies done on the CJ system: Flaws found?
Ultimate finding?
1967: President's Commission on Law Enforcement & Administration of Justice
*result is Safe Streets and Crime Control Act (1968)
**Evidence-Based Justice!!
Theoretical Overview
Chapter 1: Intro to CJ
Match them up!
-Interprets existing laws, makes sure they meet constitutional requirements. Can also overturn policies if violation occurs
-Defines the law, determines what conduct is illegal, and creates criminal penalties for those who violate it
-Create/oversee agencies of justice, determine the budgets, guide direction/objectives and supplies agencies that enforce law with funding
Criminal Justice
Formal Process:
From Arrest to Reentry
1. Initial Contact
2. Investigation: evidence to identify suspect and support legal arrest
3. Arrest:
probable cause, in custody
4. Custody
5. Charging: prosecutor's office gets the case once sufficient evidence is collected (nolle prosequi??)
6. Preliminary Hearing/ Grand Jury
7. Arraignment: brought before the court that will hear the case, formal charges read, plea of guilty or not guilty
8. Trial/Adjudication: evidence sufficient beyond a reasonable doubt?
9. Sentencing/Disposition
10. Appeal/Post Conviction Remedies: defense can make an argument
11. Correctional Treatment
12. Release
13. Postrelease
Informal Criminal Justice Process: Two Theories
Courtroom Work Group
Wedding Cake Model
Prosecutor
Defense Attorney
Judge
Court Personnel
*All work together to remove
unnecessary delays and avoid
formal trials
-80% felony cases,
90% misdemeanors settled
without a trial
I: Celebrate Cases: full CJS, wealthy and famous, media frenzy
II: Serious Felonies: rape, robbery, burglary, fully jury trial and prison
III:Less Serious Felonies: first-time offenders; dismissed, plea bargain, probation
IV: Misdemearnors: small crimes and fines; everyone wants it to be over as quickly as possible
2. Rehabilitation Perspective: care and treat people who can't manage themselves
-->criminological result?
-->criminal justice result?
3. Due Process Perspective: treat all accused fairly
4. Nonintervention Perspective: limit involvement because it's harmful. Criminals are considered dangerous once in the CJS; come out with a stigma attached. Less stigma means less recidivism!
**Deinstitutionalization
5. Equal Justice Perspective: all people receive the same treatment, past events do not matter. Each act is treated independently. Full sentences served.


6. Restorative Justice Perspective: purpose is to promote peaceful and just society, not to punish.
-Resolution should take place within the community where the
relationship can be repaired
Full transcript