CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime?
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1 CHAPTER What is Criminal Justice? What is the Definition of Crime? Crime: What is Justice? Justice: Social Justice: Civil Justice: The Theme of this Book Individual Rights vs. Public Order The Theme of this Book and Individual Freedom vs. Public Safety Individual Rights Advocates: Public Order Advocates: American The System
2 Law Enforcement Courts Corrections American The Consensus Model This model assumes cooperation between all components of the system towards a common goal. American The Conflict Model All components of the criminal justice system are self-serving and compete for limited resources. American Criminal Case Processing Police: Investigation and Arrest proactive law enforcement vs. reactive law enforcement Types of Police Responses: Reactive The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol. Types of Police Responses: Proactive The police, usually during routine patrol, observe a suspicious situation or a crime in progress. Warrant: Arrest: Arrest: Booking At time of booking, the accused s name, address, time and place of arrest, and charges are entered into the police log. Fingerprints and photos can also be taken. First Appearance Usually occurs within 24 Charges against the suspect are read. hours of arrest.
3 Accused is advised of his/her First Appearance An attorney is appointed if the rights. accused is indigent. An opportunity for bail may be provided. Bail to ensure that the accused appears in court for trial Preliminary Hearing: Grand Jury The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime. Probable Cause: Preliminary Hearing: Grand Jury When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment. Preliminary Hearing 1.Whether a crime was committed. 2.Whether the crime occurred within the territorial jurisdiction of the court. 3.Whether there are reasonable grounds to believe that the defendant committed the crime. Arraignment It takes place after a preliminary Charges are read. Arraignment An attorney is provided if the retained one. The defendant is asked to hearing or indictment. defendant has not yet enter a plea. If the plea is not guilty, than a trial date is set. Arraignment: Arraignment: If the defendant enters a plea of not guilty at the arraignment, the proceedings will move forward to the trial phase. At this phase, the burden of proof is on the state to prove beyond a reasonable doubt that the defendant committed the crime. In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s).
4 Sentencing Fine Probation Prison Community Corrections Capital defendants may be sentenced Sentencing Sentences can be served: to death consecutively - one after another concurrently - served at the same time Corrections Due Process: Due Process: Constitutional Amendments The Fourteenth Amendment The Fourth Amendment The Fifth Amendment The Sixth Amendment The Sixth Amendment The Eighth Amendment The Limits of Criminal Sanctions, 1968 by Herbert Packer Crime Control Model Primary attention is paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime. (Packer) Crime Control Model assembly line justice focus on system efficiency Due Process Model To protect the innocent: each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process. (Packer)
5 Due Process Model obstacle course justice focus on individual rights
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