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Uploaded by

ndumoprecious5
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 41

to Criminal

Justice

Dr. Londeka Ngubane

Footer Text
Theme one
Crime and Criminal
Justice

Learning objectives:
 Define the concept of criminal justice
 Explain the formation of the Criminal Justice
System
 Explain the formal and informal criminal justice
process
 Be able to discuss the various perspectives on
justice
2
 High profile crime cases help focus interest on the Criminal Justice
System (CJS)
 The public relies on the agencies of the CJS for protection from complex
criminal incidences and schemes
 This organised collection of agencies is responsible for protecting the
public, maintaining order, enforcing the law, identifying transgressors,
bringing the guilty to justice, and treating criminal behavior
 The CJS is now taking on new duties, including protecting the country
from international and domestic terrorists, transnational organised crime
syndicates, and cyber criminals, groups that were almost unknown a
decade ago
 Member agencies must cooperate to investigate complex criminal
conspiracies and meet these new challenges
Is crime a recent
development?
Crime in Old West
• Existed in the United States for more than 200 years
o Crime in the old west

John Wesley Hardin (killed 30 men) Henry McCarty – “Billy the kid” (killed
more than 20 people)

Jesse James Bob ford – gang member


made a living by robbing
banks and trains
• Crime in the cities
o Gang activity
o Husdon Dusters & Shirt tails battled rivals for
control of the streets
o In New York Plug Uglies, the Swamp Angels, the
Daybreak Boys, and the Bowey Boys, competed for
dominance
o Civil war also produced business crime – bribery
o From 1990-1935, the nation experienced a
sustained increase in criminal activity
• For protection, the public supported the development
of a wide array of government agencies
• Purpose – to control and prevent crime; to identify,
apprehend, and bring to trial those who violate the
law; and the devise effective methods of criminal
corrections
NB: These agencies made up the Criminal Justice
System (CJS)

7
Creating Criminal Justice
• Criminal Justice system is the system of law enforcement,
adjudication, and correction that is directly involved in the
apprehension, prosecution, and control of those charged
with criminal offenses
• In 1829 the first police agency was created – London
Metropolitan Police
• Created to keep the peace and to identify and apprehend
criminal suspects
• Police agencies began to appear in the United States
• 19th Century the penitentiary (prison) offered an alternative to
physical punishment, such as whipping, branding, or hanging
• Criminal justice developed over the next century, however
rarely worked together in a systematic fashion
• 1910 – the development of the Chicago Crime Commission
assisted in creating and recognising the Criminal Justice
System
8
Federal Involvement
• 1967 – President’s commission on law
enforcement and administration of justice (the
crime commission)
• Safe Streets and Crime Control Act of 1968
• Provided for the expenditure of feral funds for
state and local crime control efforts
• Launch a massive campaign to restructure the
justice system
• The National Institute of Justice – major source
of funding for projects in the CJS
Justice(EBJ)
• A mature system relies more on the scientific collection
of data to determine whether programs work and what
policies should be adopted
• EBJ therefore entails determining through the use of
scientific method whether criminal justice programs
actually reduce crime rates and offender recidivism
• Based on empirical evidence
• Principles of evidence-based justice
 Target audience
 Randomized experiments
 Intervening factors (factors that enhance or impede program
success)
 Measurement of success
 Cost – effectiveness

10
The contemporary
CJS
• Instrument of social control
• Seeks to prevent or reduce outlaws behaviour by
apprehending, adjudicating, and sanctioning
lawbreakers
• Society maintains other forms of social control –
parenting and school discipline (designed to deal
with moral and not legal misbehaviour
• Only CJS has the power to control crime and
punish

Footer Text 11
CJS
• The CJS can be divided into three (3) main
components

Investigate Charges
Law enforcement

Incapacitat

Correctional
system
The court
apprehend Indicts es
Tries Aid in
treatment
Sentences and
rehabilitati
on

Footer Text 12
Political entities
Legislativ
Judicial Executive
e
• Defines • Interpre • Day to
the law ts day
• Shape existing operatio
policy laws n of
• Oversea justice
s agencies
criminal
justice
Footer Text 13
The formal criminal
justice process
• Key decision makers resolve whether to maintain
or discharge the suspect
• Based on variety of factors and perceptions
• Legal factors – seriousness of charges, available
evidence, suspect prior record etc
• Other factors also influence decision making –
race, gender, class
• In reality few cases processed through the entire
system
• “backroom deals” and bargain justice

Footer Text 14
Initial contact Bail/detention Plea bargaining

Trial/
Investigation Arraignment Post release
adjudication

Preliminary
Arrest Sentencing Release
hearing

Correctional
Custody Charging Appeal
treatment

Footer Text 15
Initial contact
• An offender’s initial contact with the
CJS takes place as a result of police
action
 Use of drugs and alcohol
 Contacted by victim of robbery
 Informer of ongoing criminal activity
 Responding to request
 Confessions
 Can be initiated by citizens when no crime is
involved
Footer Text 16
Investigation
• Purpose – to gather enough evidence to
identify suspect and support arrest
• Few hours to years
• Gather information to identify perpetrator,
understand the perpetrator’s method and
motives, and determine the types of crime
• Means engaging in activities – interviewing,
canvassing, securing the crime scene,
conducting thorough search
• Testify in court
• Chain of evidence
Arrest
• Considered legal when:
o The police officer believes there is sufficient
evidence – probable cause, that a crime is being or
has been committed and that the suspect is the
person who committed the illegal act
o The officer deprives the individual of freedom
o The suspect believes that he is now in the custody
of the police and has lost his liberty
• In-presence requirement
• Warrant of arrest issued

Footer Text 18
Custody
• Custody protection – from the unconstitutional
abuse of police power, such as illegal searches
and intimidating interrogations
• Right to remain silent
• Suspect entitled to a lawyer
• Miranda warning

 Right to remain silent


 If they decide to make a statement, the statement can and
will be used against them in a court of law
 Have a right to an attorney present at the time of
interrogation, or they have an opportunity to consult with an
attorney
 If they cannot afford an attorney, one will be appointed for
them by the state

Footer Text 19
Charging
• Enough evidence – prosecutor’s office
• Prosecutor decision
o Evidence sufficiency
o Crime seriousness
o Case pressure
o Political issues
o Personal factors – prosecutor’s own specific interests and
biases

• Nolle prosequi – take no further action

Footer Text 20
Preliminary
hearing/grand jury
• Created in England in the twelfth century
• Practiced in the colonies
• U.S. Constitution mandated that before a trial can take place, the
government must first show probable case
• Determination made by the grand jury (12-13persons) – true bill of
indictment – specify the exact charges
• Replaced by preliminary hearing
• Prosecutor files a charging document (information)
• Lower trial court conducts an open hearing on the merits of the
case
• Referred to as probably cause hearing
• Defendant and defendants attorney may appear and dispute the
prosecutor’s charge
• Suspect called to stand trial if the presiding magistrate or judge
accepts the prosecutor's evidence as sufficient
• Designed to protect citizens from malicious or false prosecutions
Arraignment
• Defendant will be arraigned – brought before the
court that will hear the case – formal charges are
read
Constitutional right

An initial plea –
guilty/not guilty

A trial date set

Bail issues considered


Footer Text 22
Bail/detention

• Bail – money bond levied to ensure the


return of a criminal defendant for trial,
allowing the defendant to remain in the
community prior to trial
• Bail forfeited with defendant does not show
up
• Remain in state custody if cannot afford bail
• Stable members – promise to court
Footer Text 23
Plea bargaining
• Guilty plea in exchange for reduced
charges/lenient sentence

Footer Text 24
Trial /adjudication
• Criminal trial held before a judge or jury –
decide whether the prosecutions’ evidence
against the defendant is sufficient beyond
reasonable doubt
Sentencing/
disposition
• If accused found guilty he/she will return
to court for sentencing
• Disposition – fines, probation, community-
based corrections, incarceration

Footer Text 26
Appeal/post-
conviction remedies
• Disapprove the decision of jury
• Appellate court review such issues
• Rule that defendant be given a new trial or
order his/her outright release

Footer Text 27
Correctional
treatment
• Placed in correctional facilities

Release
• Parole or pardon
• Earning time for good behaviour

• - Postrelease
• Community correctional centre – bridge between a
secure treatment facility and absolute freedom
Footer Text 28
Formal criminal justice Informal criminal
process justice process
• Formal rules are • Recognises the
followed to create a informal authority
smoothly functioning
exercised by
disposition of cases from
individuals at each
arrest to punishment.
stage of the criminal
• Each stage is defined by
justice process.
time-honored
administrative
procedures and
controlled by the rule of
law.

Footer Text 29
The informal CJS
The courtroom work The wedding cake
model model

Footer Text 30
The courtroom work
• Cooperative ventures in which all parties get together
to work out a deal – cooperation not conflict is the
norm
• Made up of the prosecutor, defence attorney, judge,
and other court personnel
• Function to streamline the process of justice through
the extensive use of plea bargaining and other trial
alternatives
• Goal is to remove “unnecessary” delays and avoid
formal trials
• Goal is to process cases efficiently rather than to
seek justice
• Adversarial process comes into play in widely
publicized criminal cases (rape and murder).
Footer Text 31
The wedding cake
model
• Samuel Walker came up with a dramatic way of
describing the informal justice process

Footer Text 32
What are the goals and purpose of
the criminal justice?

33
Crime
Control
perspective

Non- Rehabilitatio
intervention n

Perspecti
perspective perspective

ve of
Justice
Due Process Equal Justice
perspective perspective

Restorative
Justice
perspective

Footer Text 34
The crime control
perspective
o Prevent crime through the judicious use of criminal
sanctions
o People expect the government to do what is necessary
to make them feel secure
o Demands an efficient justice system that hands out
tough sanctions to those who violate the law
o If justice system operated in an effective manner, most
potential criminals would be deterred
o Effective law enforcement, strict mandatory punishment,
and expanding the use of prison are the keys to reducing
crime rates
o True goal - protecting society
o Do not want legal technicalities – argue that police may
sometimes use tactics that abridge civil liberties
(profiling people)
o Text
Footer Legal road blocks 35
The Rehabilitation
Perspective
• Justice seen as a means of caring for and treating
people who cannot manage themselves
• View crime as an expression of frustration and anger
created by social inequality
• Crime and be controlled by giving people the means to
improve their lifestyle
• Assumes people are at the mercy of social, economic,
and interpersonal conditions
• Criminals themselves are victims
• Socially disorganised neighbourhoods incapable of
providing proper education...
• Believe government programmes can help reduce
crime on both macro and micro level
Footer Text 36
The Due Process
Perspective
• Treating all those accused of crime fairly
• Providing impartial hearings, competent legal
counsel, equitable treatment, and reasonable
sanctions
• Use of discretion should be strictly monitored
• Attuned to civil rights
• System is expected to operate in a fair and unbiased
manner
• Remains an adversary process
• Miscarriages of justice are common
• Protecting individual rights now interferes with public
safety
Footer Text 37
The Non-intervention
Perspective
• Believe that justice agencies should limit their
involvement with criminal defendants
• Effect of involvement is harmful
• Labels disrupts offenders personal and family life
• Concerned about the effect of the stigma when
branded – imply chronic criminality
• Finding it difficult to be accepted into society
• Less stigmatizing – less repeat offenders
• Decriminalization – reduce penalties
• Deinstitutionalization

Footer Text 38
The Equal Justice
Perspective
• All people should receive the same treatment
under the law
• Two people who commit the same crime should
receive the same punishment
• Racial animus model – mental imagine of typical
offender
• Treated independently and punished
proportionately
• Treatment of offenders must be based solely on
present behaviour
• Based on principle of ‘just deserts’

39
The Restorative Justice
Perspective
• Promote a peaceful and just society – aim for
peacemaking and not punishment
• Inspiration from religious teachings
• “crime encouraging” rather than “crime
discouraging”
• Mutual aid and not coercive punishment
• Resolution of conflict between offender and victim
• Victim voice
• Offender to appreciate damage
• Reintegrated into society

40
Understanding the justice system today requires
analyzing a variety of occupational roles,
institutional processes, legal rules, and
administrative doctrine

Footer Text 41

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