Study Guide Exam I Chapter 1 What is Criminal Justice A Brief History of Crime in America 1850 1880 Prohibition years 1960s 1970s o Widespread organized crime o Crime epidemic and social upheaval caused by immigration and the Civil War minorities life 1970s 1980s 1980s o War protests o Civil Rights Era increase concern for rights of women and ethnic racial o Court decisions and new legislation expanded rights and affected all areas of o FBI data indicate a considerable increase in murders rapes and assaults o Dramatic increase in sale use of illicit drugs drug smuggling and gangs o Americans demanded law and order Crack epidemic More severe sanctions o War on Drugs declared 1990s o Violent encounters among citizens and law enforcement agents leads public to focus on police brutality and effective policy management o Americans believe crime is out of control o Emphasis on individual accountability responsibility and punishment of 2000 present offenders o Terrorism on American soil is of central concern o USA Patriot Act important tool in fight against terrorism o Corporate and white collar crime gain attention The nature of crime is always evolving Historical developments shape our legal system and our understanding of crime and justice Truth in Action and Justice Ideal Criminal justice is truth in action within the process called administration of The ultimate goal of the criminal justice system is justice justice Consensus Model Assumes cooperation among all components of the system toward a common goals The systems model Conflict Model Assumes all components are self serving and compete for limited resources The non system model Core Components of the Criminal Justice System Law enforcement Courts Corrections The Ways to Search Something Consent Reasonable suspicion Warrant Exigent circumstances Incident to arrest Miranda v Arizona 1966 o Does not look at one thing there has to be a totality of circumstances Held that police must notify suspects of their rights prior to custodial interrogation o Custodial interrogation you are detained and the officer is going to ask you questions suspicion of a crime has shifted to you probable cause o Police do not have to read Miranda at the time of arrest only custodial interrogation Major violation of 5th amendment Under the Warren court Case o A kidnapping sexual assault occurred in Phoenix AZ o Ernesto Miranda was detained and was not told his rights police had a written confession signed by Miranda o Miranda denied counsel convicted of kidnapping rape and given 20 years o Decision was a 5 4 majority to overturn Miranda s conviction Constitutional issues o Violated Miranda s 5th Amendment right to remain silent and 6th Amendment right to counsel o Confession was illegally obtained Berghuis v Thompkins 2010 Recent Miranda case Thompkins never said he wanted to remain silent or that he wanted an attorney but remained silent the whole interview Police switched tactic to ask religious questions Do you believe in God Do you think God will forgive you for killing this person o Answered yes to these Sentenced to life in prison 5 4 decision Booking An administrative process officially recording an entry into detention after arrest o The accused s personal information details of arrest and name of arresting authority are entered into the police log o Fingerprints and photos are taken o Suspect informed of rights First Appearance Suspect informed of charges and advised of his her rights Within 24 48 hours of the arrest An attorney is appointed if the accused is indigent An opportunity for bail may be provided Pre Trial Release Afforded to most defendants through o Release on recognizance o Bail bond Those not released will await the case disposition in jail Most people are granted pre trial release Preliminary Hearing Grand Jury Primary purpose to establish whether sufficient evidence exists against a person to continue with the justice process Preliminary hearing proceeding before a judicial officer in which three matters are decided o Whether a crime was committed o Whether the crime occurred within the territorial jurisdiction of the court o Whether there is probable cause to believe that the defendant committed the crime May result in o Information Based on outcome of preliminary hearing Formal written accusation filed by prosecutor and outlining the charges against the accused o Indictment Required in some states Issued by grand jury Arraignment Before a court having jurisdiction in a criminal case The defendant is informed of the charge s and his her rights The defendant is required to enter a plea Adjudication Jury Trial 6th Amendment guarantees criminal defendants the right to a trial by jury o Doesn t include those charged with petty offenses o Some states allow defendants to waive jury trial and opt for a bench trial Trial Trials are governed by procedural law and precedent State must prove beyond a reasonable doubt that the defendant committed the crime Due Process and Individual Rights The U S Constitution requires that the entire justice process must be conducted fairly and with equity and according to due process standards Procedural fairness o Asserts that fundamental principles of justice must be guaranteed in any criminal proceeding and that the administration of the law in a criminal case must not violate individual rights The justice system strives for a consensus model due process helps us get Due process underlies the 10 amendments to the Constitution collectively known as o Specifically guaranteed by the 5th 6th and 14th amendments closer to that goal the Bill of Rights The Role of the Courts U S Supreme Court o Interprets the Constitution as it applies to the cases before it o The due process standard was set in the 1960s by the Warren Court Remembered for its concern with protecting the innocent against the power of the state The people are at a disadvantage to the power of the state because of the three tier system law enforcement courts corrections Law enforcement intimidation Courts plea bargaining not often truly a jury of your peers Corrections punishments don t often fit the crime Ex Crack vs cocaine prison times o Lesser focus on white collar crime We are at a disadvantage because of the politics in the system Models for Administering Justice Due process model o Obstacle course justice o Focus on individual rights Crime control model o Assembly line justice o Focus on system efficiency Ultimate goal of the American
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