Chapter 1 -_criminal_justice

 The mid-1940’s is a good starting point for
examining the evolution of the current
Criminal Justice System.
 Prior to World War II
› Little national attention focused on CJ
system
› Federal agencies and federal government
were not significant players
› Crime rate low
› Any problems with SYSTEM were generally
perceived as problems concerning local
administration, issues and reforms.

 There are 4 phenomena that stirred interest in the criminal
justice system and led to its prominence as one of the most
examined and criticized aspects of the government.
 The Civil Rights Movement
 The Vietnam War
 The rising crime rate and the public’s increased
awareness of it
 The Terrorist Attacks of September 11, 2001
In many respects, these four influences were
interrelated and cumulative in their effect on the
criminal justice system.

 The Civil Rights Act of 1964
 Protests against institutional racism and U.S. involvement in
the Vietnam War posed major challenges to the criminal
justice system. Prior to the Civil Rights Act of
1964, businesses, hotels, restaurants, and public transportation
could and did refuse service with impunity to Black citizens.
 Autherine Lucy – University of Alabama, 1956
 Civil rights leader Martin Luther King Jr. promoted the tactic of
civil disobedience, which also challenged the criminal justice
system. One of the most well-known examples of civil
disobedience occurred in 1955 when Rosa Parks refused to
move to the rear of the bus, as required by law, and was
arrested. Although King advocated non-violence, there
were many who rioted.

 The Vietnam War
 Political protests against U.S. involvement in the Vietnam War also
generated acrimonious conflict in which the police often were
captured on film engaged in brutality against the protesters.
 Kent State University – 1970
 During this period, the crime rate continued to climb to the point
that, according to a 1965 Gallup poll, American’s viewed crime as
the most serious problem in the country.
 In 1968 31 percent of Gallup survey respondents said they were
afraid to walk in their own neighborhoods at night. By the end of
1972, the number had risen to 42%. Most citizens thought that the
police were part of the cause, not the solution, to the rising crime
rate. The President’s Commission on Law Enforcement and
Administration of Justice concluded that most people had lost
confidence in the ability of the police to maintain law and order.

The criminal justice system appeared to be failing. To
counter the attack of crime and social disorder, on July
25, 1965, President Lyndon Johnson declared a War on
Crime. He authorized a series of federal presidential
commissions to study crime and justice in the United
States and to recommend suggested reforms to restore
public confidence.
The findings of the President’s Crime Commission
concluded that fear of crime had eroded the basic
quality of life for many Americans. It also recognized
the importance of crime prevention, as opposed to
crime fighting, and the necessity of eliminating injustices
in the criminal justice system.

 In response to recommendations of the PCC and demands
from the public, substantial resources were added to the
criminal justice system.
› To attract better-qualified personnel, police departments had to
increase salaries; as a result, policing costs skyrocketed in major cities
like Kansas City.
› To help defray these costs, local and state governments sought
assistance from the federal government, whose response was to
pass the Omnibus Crime Control and Safe Streets Act of 1968.
This Act created the Law Enforcement Assistance Administration
(LEAA)and the Law Enforcement Educational Program (LEEP).
The LEAA acted as a conduit for the transfer of federal funds to state
and local law enforcement agencies. However, these funds were
not without “strings”.

 The LEAA appointed the National Commission on Criminal Justice
Standards and Goals, which had the purpose of formulation specific
standards and goals for police, courts, corrections, juvenile
justice, and crime prevention. To receive the generous funds
available from the federal government, local and state agencies
had to show that they had implemented the commission’s
standards and goals. May of the advances made within law
enforcement agencies were a result of compliance with standards
and goals necessary to qualify for federal funds.
 The Law Enforcement Educational Program (LEEP) was a branch of
the LEAA> The goal of LEEP was to promote education among
criminal justice personnel.
 After massive amounts of federal assistance, numerous reform
efforts, and the adoption of innovative strategies by
police, courts, and corrections, public confidence in the criminal
justice system was restored and the crime rate dropped. Residents
of large cities reported that they felt safe using public transportation.
Violent crime rates for nearly all categories dropped. Things were
looking up for public confidence in the criminal justice system until
September 11th, 2001.

The biggest crisis in the
twenty-first century was
caused by a foreign attack
on the United States. Just as
President Johnson had
declared a war on
crime, President Bush
declared a War on Terrorism.

Legitimate government depends on the
effective operation of the criminal justice
system. Citizens have granted the criminal
justice system great powers, including the
power of life and death.
Criminal justice is a much more complex
endeavor than simply enforcing the law or
waging a war on crime, drugs, or terrorism.
When challenged with a choice between
safety and liberty, people often chose safety
over liberty. The War on Terrorism poses one of
the most serious threats since the 1960’s to the
balance between safety and liberty.

 This concept of limiting freedom for the
common good is very old, and dates
back to Aristotle. The Greek philosopher
argued that it was necessary that
people be governed by law because of
their inability to govern themselves
› 1. because of a tendency to react to fear
and emotion rather than reason, and
› 2. because people are subject to corruption

In the United States, it is argued that
individual freedom is limited
› 1. To ensure order within society,
› 2. to protect citizens from one another
› 3. to promote the common welfare

Society uses several means to achieve
these goals:
 Informal sanctions (social norms)
 Family
 School
 Government
 Religion
 Formal sanctions
 Criminal justice system

For the most part, people conform to the rules of
society. However, when someone breaks the
rules of society, the “system” responds. Formal
sanctions are carried out by the criminal justice
system. In the United States, the criminal
justice system is based on the enforcement of
obedience to laws by the police, the courts,
and correctional institutions.
When group and society norms are codified into
law, government has the power to compel
obedience to the rules on the pain of
punishment , including death.

The more homogeneous and stable the
people and their belief systems, the fewer
the violations of social norms. In a
homogenous, stable society with a
common belief system, there is less need for
reliance on a formal system of control to
maintain order and regulate interactions.
Contemporary U.S. society is anything but
homogeneous and is characterized by
great diversity in
race, religion, ethnicity, and values.

The criminal justice system has assumed an
important role in order maintenance.
The criminal justice system is an
important part of conflict resolution,
crime prevention, order maintenance,
and the preservation of individual
liberties.

 Philosopher John Lock (1632-1704) argued
that all human beings are endowed with
“natural rights” given them by a power
higher than government, and that people
cannot be deprived of them.
 Governments exist to serve individuals.
 People surrender certain rights with the
understanding that they will receive as
much, or more, in other benefits, such as
 Safety
 Order
 Preservation of Property rights

 Locke conceded that the government
must have the power of physical force to
protect people and their property from
the physical violations of others.
 However, this power was to be balanced
against the need to preserve individual
liberty.

 John Locke’s philosophies had a great
influence on Thomas Jefferson when he
drafted the Declaration of Independence.
This document declares that people have
unalienable rights given to them by the
Creator. This rights include life, liberty and
the pursuit of happiness.
 The Constitution of the United States reflects
a distrust of a centralized government.

 The new government defined in the
Constitution consists of three
independent branches:
› The executive
› The Legislative
› The Judicial
The Constitution divides power among these
three branches and provides checks and
balances.

 The Constitution also set up a federal court
system and gives power to the states to set
up court systems as they deem
appropriate.
 The original 10 amendments were added to
the Constitution in 1791. The Bill of Rights
delineates certain guaranteed freedoms of
citizens, such as trial by jury, freedom of
speech, and the right to be secure in one’s
home from unreasonable search and
seizure.

 What is the Law?
 Laws are rules for conduct that are established by
government. Citizens are to follow these rules and face
consequences if they fail to do so. The severity of the
consequence depends on the nature of the law that they
violate.
 The first known set of laws is the Code of Hammurabi, which
was complied sometime between 1792 B.C.E and 1750 B.C.E.
when Hammurabi was the king of Babylon. The Code of
Hammurabi lists 282 rules and consequences for a variety of
actions. Included among these rules are the concepts of “an
eye for an eye” and “a tooth for a tooth”.
 Why is it important for a society to have laws?
Write two or three sentences for your answer.
22

The Articles of Confederation
The first document to draw the colonies together as a nation was known as
“The Articles of Confederation and Perpetual Union” and was adopted by
the Continental Congress in 1777.
This document established a federal government but gave it limited
powers. The current U.S. government is comprised of three branches: the
legislative branch to make laws; the executive branch to enforce laws; and
the judicial branch to interpret laws. The “Articles” merely established a
legislative branch and gave the federal government no ability to enforce
the law against the individual states. The states maintained control over
matters such as foreign affairs, defense, and public finances.
The limited power given to the federal government
under the “Articles” made it difficult to bring the states
together as a united nation. Why would this be the
case? Write two or three sentences for your answer.

The United States Constitution
In 1787, the Continental Congress gathered in Philadelphia for the express
purpose of revising the Articles of Confederation. In the ten years since the
Articles were adopted, it had become clear that a stronger central
government was necessary. While the “Articles” established only a
legislative branch of government and reserved a great deal of power to the
states, the U.S. Constitution created a legislative, and executive, and a
judicial branch, each with its own set of powers. The powers established for
each branch were intended to strengthen the role of the federal
government, while ensuring that no one branch of government held too
much power.
The U.S. Constitution is the oldest written constitution in the
world. Part of why it is so enduring is a provision
contained in Article V that allows for changes, or
amendments, to be made to the document. Since its
original adoption, the U.S. Constitution has been
amended 27 times. Why is it important to allow for
amendments? Write two or three sentences for your
answer.

The Bill of Rights
One of the early criticisms voiced by the state
legislatures that were asked to approve the U.S.
Constitution was that it did not contain a list of
citizen’s rights that were to be protected. The
first United States Congress remedied this
concern by creating such a list. This Bill of Rights
was drafted by James Madison and was
ratified, or approved, by the states in 1791. The
Bill of Rights is contained in the first ten
amendments of the U.S. Constitution.

 The Bill of Rights: The First Amendment
(Religious and Political Freedom)
 The first amendment to the constitution reads:
 Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof;
or abridging the freedom of speech, or
of the press; or the right of the people
peaceably to assemble, and to petition
the Government for a redress of
grievances.

 The Bill of Rights: The Second Amendment (The Right
to Bear Arms)
 The Second Amendment of the U.S. Constitution states:
 A well regulated Militia, being
necessary to the security of a free
State, the right of the people to
keep and bear Arms, shall not be
infringed.
 The exact meaning of the Second Amendment has
led to a lot of debate. Some believe that it
protects the right of American Citizens to keep and
bear arms. Others believe that it protects the right
of American citizens to keep and bear arms, but
only if they are part of a “well regulated Militia.”
What do you think and why? Write two or three
sentences for your answer.

 The Bill of Rights: The Third Amendment
(Quartering Soldiers)
 The Third Amendment of the U.S. Constitution states:
 No Soldier shall, in time of peace be
quartered in any house, without the
consent of the Owner, nor in time of
war, but in a manner to be
prescribed by law.
 The Third Amendment is intended to prevent the
government from forcing homeowners to house
soldiers during a time of peace. British soldiers
were quartered in colonists’ homes prior to the
American Revolution. During a time of war, is
quartering allowed? If so, under what conditions is
it allowed? Explain your answer.

 The Fourth Amendment of the U.S. Constitution states:
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or
affirmation, and particularly describing the place
to be searched, and the persons or things to be
seized.
 The Fourth Amendment protects an individual’s right to
privacy by prohibiting the government from conducting
unreasonable searches and seizures.
 A local jewelry store is robbed, and the police suspect that
Alyssa has committed the crime. However, they have no
evidence to support their suspicion. The following
morning, they wait for Alyssa to go to work and then let
themselves into her home to look for the stolen jewels. Are

 The Bill of Rights: The Fifth Amendment (Due Process and
Just Compensation)
 The Fifth Amendment of the U.S. Constitution reads:
 No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except
in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or
public danger; not shall any person be subject for
the same offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any
criminal case to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
 The ability of the government to take an individual’s private
property for public use is known as “eminent domain.” Does

 The Bill of Rights: The Sixth Amendment (Rights of
the Accused)
 The Sixth Amendment of the U.S. Constitution states:
 In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the
State and district wherein the crime shall
have been committed, which district shall
have been previously ascertained by
law, and to be informed of the nature and
cause of the accusation; to be confronted
with the witnesses against him; to have
compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.
 In the landmark case Miranda v. Arizona, the Supreme Court
ruled that a person in custody cannot be questioned by police
until he or she has been told that, if he or she cannot afford an
attorney, one will be provided at no cost. How is this different
from the Sixth Amendment right to have assistance of counsel?
Write two or three sentences to explain your answer.

 The Bill of Rights: The Seventh Amendment (Trial by
Jury in Civil Cases)
 The Seventh Amendment of the U.S. Constitution states:
 In suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of a trial by
jury shall be preserved, and no fact
tried by a jury, shall be otherwise
reexamined in any Court of the United
States, than according to the rules of
the common law.
 One of the most popular demands by those states who called for
a bill of rights was the protection of the right to trial by jury. This
right to a trial by a judge (who is a member of government)was
seen as a very important measure to protect against tyranny.

 The Bill of Rights: The Eighth Amendment
(Bail and Punishment)
 The Eighth Amendment of the U.S. Constitution states:
 Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted.
 The Eighth Amendment forbids the imposition of
“cruel and unusual punishments.” Some states still
allow the death penalty, or capital
punishment, when people who are convicted of
very severe crimes (such as murder)are put to
death by the government. Do you think that they
death penalty is “cruel and unusual”? Why or why
not? Explain your opinion.

 The Bill of Rights: The Ninth Amendment
(Rights retained by People)
 The Ninth Amendment of the U.S. Constitution states:
 The enumeration in the
Constitution, or certain rights, shall
not be construed to deny or
disparage others retained by the
people.
 When debating whether or not to add a bill of rights
to the U.S. Constitution, some argued that providing
a list of rights may lead the government to contend
that those were the only rights held by the people.
What is the purpose of the Ninth Amendment?
Explain your answer.

 The Bill of Rights: The Tenth Amendment
(Powers Reserved to States or People)
 The Tenth Amendment of the U.S. Constitution states:
 The powers not delegated to the United
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States respectively, or
to the people.
 The purpose of the Tenth Amendment is to make it
clear that the powers not delegated to the federal
government in the U.S. Constitution are reserved to
the states and to the citizens of the United States.
Why do you think it was important to the drafters of
the Bill of Rights that these powers be reserved to
the states and to the people? Explain your answer.

 There is no single agency that has
oversight control of the criminal justice
agencies.
 One of the values of the early founders
of the U.S. was a mistrust of a
strong, centralized government and as a
result, the U.S. government was created
with numerous checks and balances.
This philosophy is mirrored in the CJ
system.

 The main agencies in the criminal justice
system are:
› The police
› The courts
› The probation and parole agencies, and the
jails, prisons, and other correctional
agencies.

One of the difficulties of capturing the
dynamics of this multilevel system
is understanding that the local,
state, and federal political
agencies, although independent,
are at the same time united and
interdependent.
 An analogy for the criminal justice
system is a picket fence. In the
picket fence model, the
horizontal boards in the fence
represent the local, state, and
federal governments, and the
vertical boards represent the
various functions within the
criminal justice system, such as
law enforcement, courts, and
corrections. For example, local
municipal courts have their own
missions, personnel, and
resources. However, a case can
be appealed from a local
municipal court to a state
court, and from a state court to a
federal court. Thus, each court
system is separate, but each is
linked by a vertical picket.
Federal Government
State Government
Local Government

Chapter 1 -_criminal_justice

Recomendados

Recomendados

Más contenido relacionado

La actualidad más candente

La actualidad más candente (20)

Similar a Chapter 1 -_criminal_justice

Similar a Chapter 1 -_criminal_justice (11)

Más de Dakota Boswell

Más de Dakota Boswell (14)

Chapter 1 -_criminal_justice