ADMJ2 Ch 1 - Introduction to Administration of Justice

© 2012 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Introduction to Administration of Justice
Chapter 1
What is Criminal
Justice?
Scott Moller, JD

CHAPTER OBJECTIVES
1. Summarize the history of crime in America and corresponding
changes in the American criminal justice system
2. Compare public-order (crime-control) and individual-rights (due-
process) perspectives; consider how the criminal justice system balances
the two perspectives
3. Relate criminal justice to general concepts of equity and fairness
4. Explain the structure of the American criminal justice system in terms
of its three major components and their respective functions.
5. Describe the stages of the American criminal justice process
6. Define due process of law and locate due process guarantees in the
American legal system
7. Describe the role of evidence-based practice in criminal justice
8. Explain how multiculturalism and diversity present both challenges
and opportunities for the American system of criminal justice

1.1
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Summarize the history of crime in
America and corresponding
changes in the American criminal
justice system.

“Get Tough
on Crime” era
Public
perception of
crime rates
up, offenders
unpunished
Sale and
use of illicit
drugs
Increased
crime
“War on
Drugs”
The Civil
Rights
Movement
Murder,
rape, &
assault
major
increases
Concern
for
disabled
1990s
US History of Crime: 1850-1990s1.1
1980s
1960-
1970
1920-
1933
1850-
1880
Civil War
Widespread
immigration
Crime
epidemic
Prohibition
Organized
crime

Epidemic
of mass
shootings
and
random
violence
sweeps
public
venues
across US
2011
FBI most-
wanted
terrorist
Osama Bin
Laden
killed by US
special
forces in
Pakistan
2009
Bernard
Madoff ran
largest
Ponzi
scheme in
history
$50B
150 yrs in
prison
2012-14
US History of Crime: 1992-20141.1
2011200920011992
Rodney
King video
1995 OK
City Fed
Bldg
bombing
1999
Columbine
massacre
9/11/2001
More
global,
pro-active
PATRIOT
Act
increases
police
authority to
investigate

1.2
Describe the public-order (crime-control) and
individual-rights (due-process) perspectives
of criminal justice and consider how the
criminal justice system balances the two
perspectives.
Individual Rights v. Public Order

Upper Saddle River, New Jersey 07458 • All Rights Reserved7
1.2
Individual
Rights
Public
Order
Individual Rights vs. Public Order
Individual-Rights
Advocates
Most concerned with
protecting personal
freedoms within the
process of criminal justice
Public-Order
Advocates
Believe that society’s
interest in public safety
should take precedence
over individual rights

Changing Public Views of Rights vs. Order
8
• 1960s and 1970s: known as the civil rights era
– Strong emphasis on individual rights
– Guaranteed the rights of defendants and attempted
to understand the causes of crime and violence
• Today, we have shifted away from the offender as victim
and now see the offender as a dangerous social predator
• Late-2010: Chelsea’s Law was passed by the CA senate
• Chelsea’s Law increases penalties, parole provisions,
and oversight for child sex offenders
• Link to elements of Chelsea’s Law
• Example of new focus on victim
rights, deterrence, retribution
1.2

1.3
Explain the relationship of criminal
justice to general concepts of equity
and fairness.
Learning Objectives, continued

Criminal Justice and Basic Fairness1.3
10
• Justice
– The principle of
fairness; the ideal of
moral equity
• Social justice
– Linked to
fundamental notions
of fairness and to
cultural beliefs about
right and wrong
• Civil justice
– A component of social justice concerned with fairness in
relationships between citizens, government agencies, and
businesses in private matters
• Criminal justice
– Aspects of social justice that concern violations of the criminal law

1.4
Describe the American criminal
justice system in terms of its three
major components and their
respective functions.

1.4
Figure 1-3
Core
Components of
the US Criminal
Justice System
1. Police
2. Courts
3. Corrections

1.4
Consensus Model
Various parts of the justice
system cooperate to
achieve the social
product of justice
Conflict Model
Components of the justice
system function to serve
their own interests; justice
results from conflict rather
than cooperation
vs.
13
Criminal Justice System Structure

1.5
Describe the process of American
criminal justice, including the stages
of criminal case processing.

Warrant:
Writ issued by
judge
directing
officer to
perform an
act and
protects
officer from
damages
Arrest:
Act of taking
an adult or
juvenile into
custody
Booking:
Taking
pictures,
fingerprints,
personal
information
from suspect
Before custodial
interrogation, police
must advise target
of Miranda rights.
1.5
Investigation and Arrest
15
Stages of Case Processing
Investigation:
Evidence
collected,
reconstruction
of criminal
event

1.5
Miranda Warnings
16
Stages of Case Processing
• This is a result of the Miranda v. Arizona (1966)
case
• Miranda warnings are read when a suspect is
taken into custody (arrest), before any
interrogation may occur
• If police violate the rules of Miranda, any
statements taken will be suppressed

Miranda Warnings1.5
17

Arraignment Trial CorrectionsSentencing
18
Information/
Indictment
Initial
AppearanceBooking
Preliminary
Hearing
What happens after arrest?
1.5 Criminal Justice Process

Booking – A law enforcement or correctional administrative process of
officially recording an entry into detention after arrest
Initial (First) Appearance – Defendant is:
• Formally notified of charges
• Advised of rights
• Given the opportunity to retain a lawyer or have one appointed
• Typically afforded the opportunity for bail
Preliminary Hearing - Occurs before a judicial officer. The state must
show a plausible account that defendant committed a felony in this
jurisdiction. The defense may evaluate and challenge the state’s case.
Information – A formal written accusation submitted to a court by a
prosecutor, following a successful “prelim.” (bindover)
Indictment – A formal written accusation submitted to the court by a
grand jury, alleging that defendant has committed a crime, usually a
felony

Arraignment - Hearing before the court having jurisdiction in a criminal
case in which the…
• Identity of the defendant is established
• Defendant is informed of the charges against him/her
• Defendant is informed of his/her rights and asked to enter a
plea
Trial – Examination of the issues of fact and law for the purpose of
reaching a judgment of conviction or acquittal
Sentencing – After conviction, the trial judge will sentence the
defendant; options may range from fines to the death penalty. Both
sides are free to argue, with relaxed evidentiary rules, and the
defendant has a right of allocution (right to speak to the court).
Corrections – Carries out the sentence imposed by the court, whether
supervision (probation/parole), fines, restitution, imprisonment
Reentry – Following corrections, an offender may be returned to society

1.6
Define due process of law, including
where the American legal system
guarantees due process.
Learning Objectives
Due process means procedural fairness and generally includes:
• A written law creating and defining the offense and penalties
• An impartial tribunal with jurisdictional authority over the case
• Accusation in proper form with notice and opportunity to defend
• Trial according to established procedure
• Discharge from restraints and obligations unless convicted

1.6
Herbert L. Packer identified two models in 1968:
1. Crime Control Model
2. Due Process Model
Crime Control
• Emphasizes efficient arrest
and conviction of offenders
• “Assembly line” justice,
focused on cooperation and
efficiency
• Interests of community are
favored over individual rights
Due Process
• Emphasizes individual rights
• “Obstacle course” justice,
focused on law enforcement
following rules, protecting
defendants’ rights
• Society would rather guilty
person go free than convict
innocent person
Crime Control and Due Process
While these are often assumed to be opposing goals, the ultimate goal is
crime control through due process.

Fifth Amendment to the US Constitution
Rights in criminal cases
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; nor 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 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.
Finding Due Process Guarantees in US Law
Due process is guaranteed by the Fifth, Sixth, and Fourteenth
Amendments to the US Constitution

Sixth Amendment to the US Constitution
Rights to a fair trial
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 defence.

Fourteenth Amendment to the US Constitution, Section 1:
Due Process
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Where are they found in US law?

The Role of the Courts in Defining Rights1.6
26
• Rights are open to interpretation
• Many criminal justice standards were set in the 1960s by the
Warren Court
– Example: Gideon v. Wainwright (1963) – The Sixth
Amendment guarantees a right to counsel
– In Gideon, the Court interpreted that to include free, court-
appointed counsel for those unable to afford counsel
Warren Court (1953-1969)

The Ultimate Goal:
Crime Control through Due Process1.6
27
• Crime control through due process
– A system of social control that is fair to those it
processes
– Law enforcement infused with the recognition of
individual rights
• Social control
– The use of sanctions and rewards within a group to
influence and shape the behavior of individual
members of that group

1.7
Describe the role of evidence-based
practice in contemporary criminal
justice.

Crime-fighting
strategies
Social
science
research
Scientifically
tested
1.7
What are evidence-based practices?
29
Evidence-Based Practices
Crime-fighting strategies that
have been scientifically tested
• Based on social science research
• A major element in the increasing
professionalization of criminal
justice
• Strong demand for the application
of evidence-based practices
throughout criminal justice

The Academic Study of Criminal Justice1.7
30
• The academic study of criminal
justice began in the late 1920s,
when August Vollmer
persuaded the University of
California to offer courses
• Early criminal justice education
was practice-oriented
• Primarily focused on applying
general management principles
to the administration of police
agencies to increase
organizational effectiveness
August Vollmer
Berkeley Chief of Police
“Father of American
Policing”
The Police & Modern
Society (1936)

The Start of Academic Criminal Justice1.7
31
• By the 1960s, students began to apply the techniques of
social science research
– Sociology
– Psychology
– Political science
Criminology
Criminology
– The scientific study of the causes and prevention of
crime and the rehabilitation and punishment of
offenders

1.8
Explain how multiculturalism and
diversity present challenges to and
opportunities for the American system
of criminal justice.

Multiculturalism and Diversity
in Criminal Justice1.8
33
Multiculturalism – The existence within one society of diverse
groups that maintain unique cultural identities while
frequently accepting and participating in the larger
society’s legal and political systems
Diversity – Varying values, perspectives, and behaviors
characteristic of groups within society; these can have a
significant impact on the justice system
Challenges for criminal justice:
• Confusion between police and non-English-speaking persons
• Disagreement over legal concepts of right/wrong/justice
• Immigrants may distrust police, may be unwilling to report crime
Opportunities for criminal justice:
• US culture can learn from other cultures
• Diversity in hiring can connect communities

The criminal justice system strives to treat all fairly and equally.
The system balances the needs for public order and individual rights.
The system consists of 3 major components: police, courts, & corrections.
The system is dynamic and reacts to changes in crime patterns.
A criminal case proceeds through a defined set of stages.
CHAPTER SUMMARY
1.1
1.2
1.3
1.4
1.5
Due process is found in the Constitution, defined by the Supreme Court.
The system can be analyzed through evidence-based examination.
Diversity & multiculturalism present both challenges and opportunities .
1.6
1.7
1.8

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