Slide 1Slide 2Creation of the LawConsensus and Conflict ModelsPunishmentContinuedThe U.S. Criminal Justice SystemPoliceContinuedContinuedCourtsContinuedContinuedSentencingContinuedContinuedContinuedContinuedThe Corrections SystemPrisonContinuedContinuedSlide 23RecidivismCosts of IncarcerationContinuedSlide 27Conflict Theorist Philosophies of Criminal SentencingContinuedContinuedFunctionalist Philosophies of Criminal SentencingSymbolic Interactionist Philosophies of Criminal SentencingContinuedCan Society Punish Too Much?ContinuedMandatory MinimumsContinuedThe Death PenaltyContinuedContinuedSlide 41Copyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.Copyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.Copyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.Chapter 14: Criminal JusticeCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.Creation of the LawClear expectations of behavior essential for a functioning society•All societies have created lawsPurpose of a legal code is universal: •To define illegal actions and outline penalties for those actsCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.Consensus and Conflict ModelsTwo primary models describing how laws are created:•Consensus Model of LawSuggests laws arise because people see a behavior they do not like and agree to make it illegal•Conflict Model of LawProposes that powerful people write laws and do so to protect their own interestsConflict approach suggests that disparity in justice is linked to a perpetrator’s wealth or position in societyCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.PunishmentShaming:•A deliberate effort to attach a negative meaning to a behaviorJohn Braithwaite•Shame can either stigmatize or reintegrateStigmatized Shame•A permanent label given to an offender•Increases the likelihood of reoffending because guilty person is labeled foreverReintegrative Shaming•Allows offender to reconnect to society after punishment without further stigmaCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.ContinuedCriminal justice system relies on deterrence•Prevents person from doing something out of fear of the consequencesTwo types of deterrence•Specific deterrenceSeeks to prevent a particular offender from committing that crime again•General deterrenceSeeks to prevent others from committing crimes by making an example of a particular offenderCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.The U.S. Criminal Justice SystemThree branches of the criminal justice system•Police, courts, and correctionsCertain individuals within each branch differ in opinions and exercise individual measures of discretion•Leads to social problems:Racial profilingUnequal sentencingIncreased costs for the communityCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.PoliceMore than 18,000 law enforcement agencies in the United StatesMore than 800,000 full-time sworn law enforcement officersOfficer’s job best described as “hour upon hour of boredom, interrupted by moments of sheer terror”Studies show that police directly protect society less than 1% of the timeCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.ContinuedStudies of increased police numbers show very little impact on crime ratesTechniques such as target hardening•Making an objective less attractive to a possible criminalMore likely to have positive effects on crime ratesPolice officers have initial discretion•Ability to make decisions on whether or not a crime has occurredOften used when they frequent “hot-spots”•Areas regularly patrolled because they believe they will find criminal activity there•Usually these neighborhoods are poor areasCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.ContinuedThis kind of discretion perpetuates inequality in the systemRacial Profiling:•Occurs when police target certain groups based on raceIncreases odds that minority criminals will get caught and makes it less likely that white criminals will be brought to justiceCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.CourtsJudge •Elected or appointed public official who presides over a court of lawCourt system consists of two opposing camps•Prosecutors and defendants•Judge’s role is to ensure that proceedings are held in accordance with the legal systemExercise discretion over what should and should not be admitted into the caseMay have power over the outcome, depending on the state and situationCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.ContinuedProsecuting Attorney •Official duty is to conduct criminal proceedings on behalf of the state or the plaintiffs•Often elected or works for an elected district attorney•In court system, no one has more discretion than prosecuting attorney•After arrest district attorney’s office decides what official charges are•They have power to accept plea bargainsOut-of-court agreements between prosecutor and defense attorney that involve concessions by prosecution to obtain a guilty pleaCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights reserved.ContinuedDefense Counsel•Attorneys hired or appointed by the court to provide legal defense for accused•Right to a defense attorney is part of suspect’s Miranda rights and guaranteed by the court•Great disparity among types of defense counselsPrivate attorneys who specialize in criminal law and provide good results are costlyPublic defenders paid to provide defense services to indigent people tend to have large caseloads•Conviction rates, including plea bargains, higher for public defenders versus private attorneysPoor with public defenders more likely to be convicted than the rich who can afford private attorneysCopyright © 2011 Pearson Education, Inc., Upper Saddle River, NJ 07458. All rights