AJ 50 – Introduction to Administration of Justice

Chapter 1 -

What Is

Criminal Justice?

Individual Rights vs. Public Order

Freedom or Safety?– Which is more important? Why?

How does the Criminal Justice System balance these two concepts?

What are the effects of this balance on the role Law Enforcement plays as one component of the CJS?

Definition of Crime

Crime – Conduct or behavior in violation of the laws of the

federal government, a state, or a local jurisdiction for which there is no legally acceptable justification or excuse

CA Penal Code § 15– …for which you can be punished

Individual Rights

Guaranteed to all members of American society by US Constitution

Bill of Rights – first 10 Amendments

Especially important to criminal defendants facing formal processing

– Examples?

USA Patriot Act (2001)

Enacted in response to terrorist attacks on the World Trade Center and the Pentagon (9-11-01)

Broadens investigative authority of Law Enforcement Agencies

Applicable to many other crimes besides just terrorism

Need for Balance

Individual Rights– Defendants– Victims– Victims’ families

Public Order– Safety & protection from crime/criminals– Peaceful existence for all

Advocates

Individual-Rights Advocate– One who seeks to protect personal rights and

freedoms within the criminal justice process

Public-Order Advocate– One who suggests that under certain

circumstances of criminal threat, societal interests overshadow individual rights

What is Justice?

Justice– The principle of fairness and the ideal of moral

equity

Social Justice– An ideal embracing all aspects of civilized life– Cultural beliefs regarding Right vs. Wrong,

Fairness, etc.

Civil vs. Criminal Justice

Civil Justice– Private rights and remedies sought by civil action– Closely tied to Social Justice and basic beliefs of

right and wrong

Criminal Justice– Enforcement of penal (punitive) law– Closely tied to Social Justice and basic beliefs of

Right and Wrong

Administration of Justice

Performance of any of the following activities for an accused or convicted person…

– Investigation & Apprehension– Detention– Pre-Trial Release– Post-Trial Release– Prosecution– Adjudication– Correctional Supervision– Rehabilitation

Criminal Justice System

Three operational components– Law Enforcement– Courts– Corrections

CJS = The combination of all operating, administrative, and technical support agencies that perform criminal justice functions– Refer to chart, page 14

Criminal Justice Perspectives

Consensus Model– Assumes all components of CJS work harmoniously to

achieve Justice as social goal

Conflict Model– Assumes CJS components work independently to serve

own self-interest– Justice seen as result of conflict between agencies rather

than cooperative effort

What do you think?

Criminal Justice ProcessInvestigation and Arrest

Warrant– A writ issued by a court directing a law enforcement officer

to perform a specific task such as search or arrest– Protects officer from damages resulting from serving of the

warrant Other types of Arrest

– On-view– Private-Person/Citizen

Booking– Official recording which identifies the arresting authority,

person, place, time, and reason for arrest

Criminal Justice Process

Probable Cause– A set of facts and circumstances that

would cause a reasonably intelligent, prudent person to believe that a particular person has committed a specific crime

– Must exist in order for law enforcement to make an arrest or conduct a full search

Pretrial Activities

Bail– Money or property pledged to or actually

deposited with the court to effect the release of a person from legal custody

Release on Own Recognizance (O.R.)– Being released upon one’s promise to appear in

court at a future date

Arraignment

Arraignment - A hearing before the court of jurisdiction in a criminal case– Establish identity of defendant– Defendant is informed of charges and rights– Defendant required to enter plea

Guilty Not Guilty No Contest

– Must take place within 48 hours

Criminal Justice Process

Preliminary Hearing– A proceeding before a judicial officer to

determine…1. Whether or not a crime was committed

2. Whether the crime occurred within the court’s jurisdiction

3. Whether there are reasonable grounds to believe the defendant committed the crime

Information vs. Indictment

Information– Formal written accusation submitted by a

Prosecutor alleging that a specified person has committed a specified offense

Indictment– Formal written accusation submitted by a Grand

Jury alleging that a specified person has committed a specified offense (usually a felony)

Grand Jury

Who are they and what do they do?– A group of jurors selected according to law– Sworn to hear evidence and determine if it is

sufficient to bring the accused to trial– Generally investigate criminal activity– May investigate conduct of public agencies or

officials

Prosecution & Adjudication

Prosecution – Efforts by the District Attorney to prove guilt

beyond a reasonable doubt

Adjudication – Trial process = examination of issues of fact

and law in a court trial proceeding – Purpose is to reach a decision for conviction

or acquittal of accused

Sentencing

Consecutive Sentences– Two or more sentences for more than one offense to be

served in sequence– May be a new sentence added on for someone already

incarcerated which increases their time in confinement

Concurrent Sentences– Two or more sentences imposed upon conviction for more

than one offense to be served at the same time

Probation and Parole

Probation– Suspended Sentence– Mandatory supervision during probationary term– Violation may result in original sentence

Parole– After release from prison while readjusting to

return to society– Violation may result in return to prison

Due Process and Individual Rights

Due Process = Protections of individual rights guaranteed by the Constitution…

– 4th Amendment Search and seizure

– 5th Amendment Self-incrimination, double jeopardy

– 6th Amendment Legal counsel, informed of charges, speedy trial, impartial jury, confront/obtain

witnesses

– 8th Amendment No excessive bail/fines

– 14th Amendment All states must apply due process and equal protection of the laws

Crime ControlThrough Due Process

Crime-Control Model– Emphasizes the efficient arrest and conviction of criminal

offenders

Due-Process Model– Emphasizes the rights of the individual at all stages of

processing throughout justice system

Social Control– Use of sanctions and rewards to modify behavior – Contributes to formation of criminal and civil statutes

Criminal Justice Research

Criminology– Scientific study of causes and prevention of

crime, punishment and rehabilition of offenders

How does this differ from Criminal Justice?

Multiculturalism and Diversity

Multiculturalism– Existence within society of diverse groups that

maintain unique cultural identities, customs, norms, values, and behaviors

What potential impact does this have on Law Enforcement and the Criminal Justice System as a whole?