Chapter 15 - 1

Police C ourts C orrections

The C rim inal Justice System

Components of Criminal Justice

Chapter 15 - 2

Role of the PoliceRole of the Police

Maintain orderMaintain order Investigation and ArrestInvestigation and Arrest Provide emergency Provide emergency

serviceservice ““GATE KEEPERS”GATE KEEPERS”

Chapter 15 - 3

Types of Police Types of Police AgenciesAgencies Municipal (city cops)Municipal (city cops) County Level (Sheriff)County Level (Sheriff) State Level (State Troopers)State Level (State Troopers) Federal (FBI, Secret Service, Federal (FBI, Secret Service,

DEA)DEA)

Chapter 15 - 4

Role of the CourtsRole of the Courts To seek truth To seek truth

& obtain & obtain justicejustice

To adjudicate To adjudicate & sentence& sentence

Consists of:Consists of: Misdemeanor, Misdemeanor,

Felony,and Felony,and appellate courtsappellate courts

ProsecutorProsecutor

Chapter 15 - 5

Prosecution and Prosecution and DefenseDefense

Opponents in an adversarial systemOpponents in an adversarial system Prosecutor represents the peopleProsecutor represents the people Defense represents the accusedDefense represents the accused

v.

Chapter 15 - 6

Role of CorrectionsRole of Corrections ProbationProbation Prisons Prisons Half-way HousesHalf-way Houses Post-Release Post-Release SupervisionSupervision

Whatdoes corrections

correct?

Chapter 15 - 7

Juvenile Justice SystemJuvenile Justice SystemClients are:Clients are:

DelinquentsDelinquents (juveniles who (juveniles who commit crime)commit crime)

Status OffendersStatus Offenders(truants, runaways, (truants, runaways, incorrigible or incorrigible or unmanageable unmanageable juveniles)juveniles)

Chapter 15 - 8

Criminal Justice Funnel

Of 1,000crimes that are

committed

Only5 juveniles and18 adults areincarcerated

Chapter 15 - 9

The Common Law: The Common Law: Historical RootsHistorical Roots

Formal law in the colonies was Formal law in the colonies was adopted from existing English law, adopted from existing English law, which today is known as which today is known as common common lawlaw..

Chapter 15 - 10

Procedural LawProcedural Law Procedural Procedural

laws control laws control the action the action of the of the agencies of agencies of justice and justice and define the define the rights of rights of criminal criminal defendantsdefendants

Chapter 15 - 11

Bill of RightsBill of Rights

First ten amendments to the First ten amendments to the U.S. Constitution.U.S. Constitution.

Purpose is to prevent Purpose is to prevent government from usurping the government from usurping the personal freedom of citizens.personal freedom of citizens.

Applied to state actions through Applied to state actions through the use of the Due Process the use of the Due Process clause of the 14th Amendment.clause of the 14th Amendment.

Chapter 15 - 12

Fourth AmendmentFourth Amendment

The right of the people to be secure The right of the people to be secure in their persons, houses, papers, in their persons, houses, papers, and effects, against unreasonable and effects, against unreasonable searches and seizures, shall not be searches and seizures, shall not be violated, and violated, and no warrants shall no warrants shall issue, but upon probable causeissue, but upon probable cause, , supported by oath or affirmationsupported by oath or affirmationand particularly describing the place and particularly describing the place to be searched, and the persons or to be searched, and the persons or things to be seized.things to be seized.

Chapter 15 - 13

Exclusionary RuleExclusionary Rule

• The exclusionary rule is not in theThe exclusionary rule is not in the Constitution. It is the product of the Constitution. It is the product of the United State Supreme Court United State Supreme Court• The rule disallows illegally obtainedThe rule disallows illegally obtained evidence at trial, and effectively evidence at trial, and effectively enforces clauses of the 4th Amendment. enforces clauses of the 4th Amendment.

Chapter 15 - 14

Fifth AmendmentFifth Amendment

Deals with admissibility of Deals with admissibility of illegally obtained confessions illegally obtained confessions and self-incrimination.and self-incrimination.

Miranda v ArizonaMiranda v Arizona governs governs custodial interrogations.custodial interrogations.

Contains double jeopardy Contains double jeopardy clause.clause.

Contains “Due process” as it Contains “Due process” as it applies to the federal applies to the federal government.government.

Chapter 15 - 15

““Shaping” RulesShaping” Rules Rules are typically created through Rules are typically created through

judicial decisions (case law)judicial decisions (case law) Subsequent cases provide judges Subsequent cases provide judges

the opportunity to clarify, tighten the opportunity to clarify, tighten or broaden past rulesor broaden past rules

Example = “good faith” exceptions Example = “good faith” exceptions to the exclusionary ruleto the exclusionary rule

Chapter 15 - 16

Perspectives on the Perspectives on the Criminal Justice SystemCriminal Justice System Perspectives are really “ideal Perspectives are really “ideal

types” of how the system types” of how the system should work, and the goals of should work, and the goals of the system.the system.

In practice, the system has In practice, the system has never been purely a “crime never been purely a “crime control” or “rehabilitation” control” or “rehabilitation” model.model.

Chapter 15 - 17

History of Criminal History of Criminal JusticeJustice Prior to the 1900sPrior to the 1900s

Humans viewed as “depraved” Humans viewed as “depraved” and immune to change.and immune to change.

Purpose of CJ system = Purpose of CJ system = punishmentpunishment

Punishment = corporal and publicPunishment = corporal and public

Chapter 15 - 18

The Progressive The Progressive MovementMovement Faith in the Government to Cure Social Faith in the Government to Cure Social

IllsIlls Progressives = middle class men and Progressives = middle class men and

women.women. Social Ills = poverty, working Social Ills = poverty, working

conditions, crime.conditions, crime. Criminal JusticeCriminal Justice

Indeterminate sentencing, rehabilitation, Indeterminate sentencing, rehabilitation, juvenile justice system, probation and juvenile justice system, probation and parole.parole.

Chapter 15 - 19

Change In the 1960sChange In the 1960s

Liberals (progressives)Liberals (progressives) We can no longer trust the We can no longer trust the

governmentgovernment

ConservativesConservatives Rehabilitation = “coddling”Rehabilitation = “coddling” Coddling criminals has created Coddling criminals has created

more crime and disordermore crime and disorder

Chapter 15 - 20

Liberal Agenda Liberal Agenda Justice ModelJustice Model

Reduce discretion through Reduce discretion through determinate sentencing and determinate sentencing and sentencing guidelinessentencing guidelines

Abolish paroleAbolish parole Due Process ModelDue Process Model

Increase individual rightsIncrease individual rights Non-intervention ModelNon-intervention Model

Chapter 15 - 21

The Conservative The Conservative AgendaAgenda Crime Control ModelCrime Control Model

Rehabilitation Doesn’t workRehabilitation Doesn’t work Deterrence and Incapacitation Deterrence and Incapacitation

are Betterare Better Policy = abolish parole, Policy = abolish parole,

sentencing guidelines, increase sentencing guidelines, increase sentence length, mandatory sentence length, mandatory minimum sentences.minimum sentences.

Chapter 15 - 22

Crime Control ModelCrime Control Model Reverse “due process” Reverse “due process”

movementmovement Keep “liberal judges” out of Keep “liberal judges” out of

states’ rightsstates’ rights Abolish Miranda rights and the Abolish Miranda rights and the

exclusionary ruleexclusionary rule Increase the police powers and Increase the police powers and

ability to “ferret out crime”ability to “ferret out crime”

Chapter 15 - 23

Current Liberal Current Liberal IdeologyIdeology

Reaffirm RehabilitationReaffirm Rehabilitation The “Restorative Justice The “Restorative Justice

Model”Model”