Kelly L. Gould

What is Criminal Justice?

Criminal Justice:

Criminal Justice:

Criminal Justice:

Crime:

American History

A Brief Overview of Social

Phenomena 1850 - Present

American History

American History

A Brief Overview of Social

Phenomena 1850 - Present

What is Justice?

Justice:

Social Justice:

Civil Justice:

Criminal Justice:

The Theme of this Book

The Theme of this Book

Individual Rights Advocates:

Public Order Advocates:

American Criminal Justice: The System

Law Enforcement

Courts

American Criminal Justice: The Consensus Model

This model assumes cooperation between all components of the system towards a common goal.

American Criminal Justice: The Conflict Model

All components of the criminal justice system are self-serving and compete for limited resources.

American Criminal Justice: Criminal Case Processing

Police: Investigation
and Arrest

proactive law enforcement

vs.

reactive law enforcement

Types of Police Responses: Proactive

The police, usually during routine patrol, observe a suspicious situation or a crime in progress.

Types of Police Responses: Reactive

The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol.

Warrant:

Arrest:

Arrest:

Miranda v. Arizona (1966)

Miranda v. Arizona (1966)

Miranda v. Arizona (1966)

Booking

At time of booking, the accused’s name, address, time and place of arrest, and charges are entered into the police log.

Fingerprints and photos can also be taken.

First Appearance

Usually occurs within 24 hours of arrest.

Charges against the suspect are read.

Accused is advised of his/her rights.

First Appearance

An attorney is appointed if the accused is indigent.

An opportunity for bail may be provided.

Bail

to ensure that the accused appears in court for trial

Preliminary Hearing: Grand Jury

The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime.

Probable Cause:

Preliminary Hearing: Grand Jury

When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment.

Preliminary Hearing

Whether a crime was committed.

Whether the crime occurred within the territorial jurisdiction of the court.

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

Arraignment

It takes place after a preliminary hearing or indictment.

Charges are read.

Arraignment

An attorney is provided if the defendant has not yet retained one.

The defendant is asked to enter a plea.

If the plea is "not guilty,"
than a trial date is set.

Arraignment:

Arraignment:

Trial

If the defendant enters a plea
of " not guilty" at the arraignment, the proceedings will move
forward to the trial phase.

Trial

At this phase, the burden of proof is on the state to prove "beyond a
reasonable doubt" that the defendant committed the crime.

Trial

In criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s).

Sentencing

Fine

Probation

Prison

Community Corrections

Sentencing

Sentences can be served:

Corrections:

Corrections

Due Process:

Due Process:

Constitutional

Amendments

The Fourteenth Amendment

The Fourth Amendment

The Fifth Amendment

The Sixth Amendment

The Sixth Amendment

The Eighth Amendment

The Limits of Criminal Sanctions, 1968

by Herbert Packer

Crime Control Model

"Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime." (Packer)

Due Process Model

To protect the innocent:

"each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process."
(Packer)

Crime Control Model

assembly line justice

focus on system efficiency

Due Process Model

obstacle course justice

focus on individual rights