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Introduction to the Criminal Justice System

Introduction to the Criminal Justice System. Who am I???. Dr. Art Jipson, Ph.D.,Sociology and Criminology. Bowling Green State University. My studies emphasized conflict, crime, social inequality, and political sociology. I minored in sociological theory.

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Introduction to the Criminal Justice System

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  1. Introduction to the Criminal Justice System

  2. Who am I??? Dr. Art Jipson, Ph.D.,Sociology and Criminology. Bowling Green State University. My studies emphasized conflict, crime, social inequality, and political sociology. I minored in sociological theory. Doctoral Dissertation entitled: Compulsory Democracy: An Analysis of the Drive for Teamster Democracy, 1970 – 1993.

  3. Recent Work • Research on White Racial Extremism • Research on the Use and Meaning of the Internet • Research on the Ford Pinto Case • Research on White Collar, Fraud, & Corp Crimes • Research on Correctional Alternatives • Research on Roadside Memorials

  4. What is a sociological perspective toward crime? Crime is a social phenomenon Therefore, Fraud is a social phenomenon

  5. Objectives • Describe the two most common models of how society determines which acts are criminal. • Define crime and the different types of crime. • Explain the difference between the formal and informal criminal justice process. • Describe the layers of the “wedding cake” model. • Contrast the different models. • How does the CJS approach Fraud

  6. What is crime • A phenomenon of Society • Each society decides what conduct is criminal • Society also determines • enforcement • adjudication • punishment

  7. What is crime? • It it’s simplest definition, crime is any specific act prohibited by law for which society has provided a formally sanctioned punishment. • This can include the failure of a person to perform an act specifically required by law.

  8. Crime is not new • 1849 California Gold Rush • 89,000 Miners • 20% dead in first six months (mostly homicide) • Crime rate led to the creation of one of the first state prisons.

  9. San Quentin Prisonone of the first prisons ever constructed in the US

  10. Crime does not always make sense:Odd laws Minnesota: --It is illegal to tease skunks. --Every man in Brainerd is required by law to grow a beard. Michigan: --A state law stipulates that a woman's hair legally belongs to her husband. --Under state law, dentists are officially classified as "mechanics." --In Clawson, it is legal for a man to "sleep with his pigs, cows, horses, goats, and chickens."

  11. The theme of the criminal justice system: Balancing the concern for individual rights with the need for public order.

  12. Does the CJS Over-criminalize? Story of the cursing canoist… Curfews…

  13. What is crime • Before the criminal justice system can function we must first define what is: Crime

  14. Murder Burglary Robbery Larceny Motor Vehicle Theft Arson What is crime?

  15. Sneaking into a movie theater Taking towels from a hotel Illegal parking Littering Skateboarding in unlawful areas Jaywalking Speeding It is also

  16. Criminal Offenses require: 1. Harm 2. Legality 3. Actus reus = action 4. Mens rea = intent 5. Causation 6. Concurrence 7. Punishment

  17. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it and to which is annexed, upon conviction, either of the following punishments: Death or Imprisonment Fine Removal from office Disqualification to hold and enjoy any office of honor, trust, or profit in this state Ohio Revised Code

  18. Crime simply… A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it.

  19. As society becomes more complex, so do our laws and CJS • In 1990, California became the first state to enact a specific stalking law.

  20. Types of Offenses • Crimes are classified by the seriousness of the offenses as follows: • A felony is the most serious offense, for which the offender may be sentenced to state prison or death. • Felonies generally include violent crimes, sex offenses, and many types of drug and property violations.

  21. Types of Offenses • A misdemeanor is a less serious offense for which the offender may be sentenced to probation, county jail, a fine, or some combination of the three. • Misdemeanors generally include crimes such as assault and battery, petty theft, and public drunkenness.

  22. Types of Offenses • An infraction is the least serious offense and is generally punishable by a fine. Many motor vehicle violations are considered infractions.

  23. Types of Crime • Violent Crime • Property Crime • Public Order Crime • High-Tech Crime • Organized Crime • White-collar Crime

  24. Major Categories of Violent Crime • Murder, or unlawful killing of a human being • Sexual assault or rape • Assault and Battery • Robbery

  25. What Stands between the Criminal and the People?

  26. What Stands Between the Criminal and the People? Criminal JusticeSystem

  27. Components of the Criminal Justice System Components of Criminal Justice The Criminal Justice System Police Courts Corrections

  28. Criminal case processing.Source: Adapted from U.S. Dept. of Justice

  29. The Criminal Justice System:Purpose and Goals • To control crime • To prevent crime • To provide and maintain justice

  30. Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated

  31. Structure of the Criminal Justice System • Police • Local Law Enforcement • State Law Enforcement • Federal Law Enforcement • Courts • State Courts • Federal Courts • Prosecutors and Defenders

  32. Structure of the Criminal Justice System • Corrections • Probation • Incarceration • Community Based Corrections • Parole

  33. The Criminal Justice System: Size and Expense • 55,000 different public agencies • $147 billion annual budget • 2.2 million employees • 20,000 police agencies • 17,000 courts

  34. The Criminal Justice System: Size and Expense • 8,000 prosecutorial agencies • 5,700 correctional institutions • 3,500 probation and parole departments • 15 million arrests per year • 3 million for felonies • Correctional population of 2 million • Additional 4 million on probation or parole

  35. The Criminal Justice System: Size and Expense • Law Enforcement employs over 1 million sworn personnel, not counting civilian employees • Corrections employs over 717,000 people • Court systems employ 455,000 • It costs $70,000 to build a jail or prison cell • It costs $25,000 a year to house an inmate

  36. Department of Homeland Security • The newest federal criminal justice agency was created by President George W. Bush on November 25, 2002. • Headed by Tom Ridge

  37. Role of the Police • Protect lives and property • The only criminal justice component that deals with persons not charged with a crime.

  38. Role of the Police • Duties are becoming more complex • Greater use of discretion • If possible use alternatives other than arrest. • When necessary arrest law violators

  39. Role of the Police • Felony arrests require probable or reasonable cause • Misdemeanor arrests may be made if act is “in-presence” of officer

  40. Role of the Courts • To seek truth & obtain justice • To adjudicate & sentence • Consists of: • municipal courts* • superior courts • appellate courts • supreme court

  41. Role of the Courts • Plea Bargain accepted in 90% of criminal cases. • Also referred to as Bargain Justice. • Prosecution and defense form “adversary system” of justice

  42. Is this your idea of Corrections? • It is also home arrest • Community supervision • Probation • Parole • And lastly, Confinement

  43. Discretion • Discretion permits justice officials at all levels to make decisions that will keep the system operating

  44. Discretionary Decisions • Criminal justice officials must make decisions every day concerning their duties • Police • To enforce the law • Investigate specific crimes • Search people or buildings • Arrest or detain people

  45. Discretionary Decisions • Prosecutors • File charges against suspects brought to them by the police • Drop cases • Reduce charges

  46. Discretionary Decisions • Judges • Set conditions for pre-trial release • Accept pleas • Dismiss charges • Impose sentences

  47. Discretionary Decisions • Correctional Officials • Assign convicts to prison or jail • Punish prisoners who misbehave • Reward prisoners who behave well

  48. Structure of the Criminal Justice System

  49. Crime in the United States

  50. Trends and Issues in Criminal Justice Today • Three Strikes You’re Out • Decline in the crime rate • Fear of crime • Crime as a political issue • Tougher sentencing laws • Abolition of parole in some states • Increased vigilance given to drug cases

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