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1 CHAPTER What is Crime? Crime: Act that violates criminal law Punishable by criminal sanctions Determining Criminal Behavior Not such an easy task to determine what is criminal behavior Different countries have different ideas of criminal behavior There are two common models of how society decides which acts are criminal Determining Criminal Behavior Consensus Model: Conflict Model: Society, though diverse, shares the same moral value system Exists because some people believe moral attitudes are not constant Assumes that a diverse group of people can have similar morals Content of criminal law is determined by the groups that hold political power in a community Morals are principles of right and wrong These groups impose their values on the rest of the community Criminal acts conflict with these values and beliefs Are deemed harmful to society An Integrated Definition of Crime Using consensus and conflict models we can construct a useful definition of crime: Punishable under criminal law as defined by the majority or a powerful minority Considered an offense against society as a whole and prosecuted by public officials Punished by statutorily determined sanctions such as fines, loss of liberty or life There is a difference between crime and deviance Deviance is behavior that is considered to go against the norms established by society; not necessarily criminal Discussion Question #1 Are there any criminal statutes in your community that prohibit behavior that you do not believe is deviant? Are there any deviant acts committed in your community that you believe should be criminalized? The Criminal Justice System An interlocking network of: Law enforcement agencies Courts Corrections institutions Designed to enforce criminal laws Protect society from criminal behavior The Purpose of the Criminal Justice System To protect society from potential future crimes of the most dangerous offenders To determine when an offense has been committed and provide the appropriate punishment To rehabilitate those who have been punished so that it is safe to return them to the community To support crime victims and return them to their pre-crime status Structure of the Criminal Justice System Important to understand the concept of Federalism: Form of government in which a written constitution provides for a division of powers between a central government and several regional governments Three Main Institutions: Law enforcement Courts Corrections Law Enforcement Local law enforcement State Split between counties and municipalities Discussed in detail in chapters 4, 5, and 6 Includes “state police” and “highway patrols” State law enforcement officers can also include fire marshals Federal Operates throughout the U.S. Often work in cooperation with local and state counterparts Employees of Criminal Justice The Courts Dual Court System Federal Must be charged with a federal crime State 50 different state court systems and the District of Columbia Charged with a violation of state law The Courts The criminal court has a workgroup Judges Prosecutors Defense Attorneys Responsible for determining the innocence or guilt of a suspect Covered in detail in chapters 7, 8, and 9 Discussion Question #2 What are the advantages of moving to a unified court system and eliminating the dual court system? What are the disadvantages of a unified court system in the United States? Corrections Only convicted offenders will be relegated to the correctional system in the jurisdiction they are convicted (state or federal); covered in detail in chapters 10, 11, and 12 Probation Incarceration Serves sentence in community under supervision of a probation officer The most common correctional treatment Jails hold those convicted of minor crimes with short sentences Prisons hold those convicted of more serious crimes Community-based corrections Examples: Halfway houses, residential centers, workrelease programs The Criminal Justice Process President’s Commission on Law Enforcement and Administration of Justice (1967) An orderly progression of events through a process A sports team composed of an indeterminable number of decisions, relationships, conflicts, and adjustments Herbert Packer compared the idealized criminal justice process to an assembly line Formal v. Informal Criminal Justice Formal Series of routinized operations Goal of moving defendant from one point to another Decisions made within the rigid confines of formal rules and laws Unrealistic – lacking resources to handle every case formally Informal Decisions based on personal judgment produces an informal criminal justice system Do not operate within the rigid confines of formal rules and laws Formal v. Informal Criminal Justice Informal criminal justice relies on discretion Discretion is the authority to choose between and among alternative courses of action Based on individual judgment and conscience Discretion in the Criminal Justice System Discussion Question #3 Ask students to role play and discuss the following situations that lend themselves to discretion You are on routine patrol and you pursue a car that is traveling 80mph that runs through a red light. You pull the car over and discover that the driver is your boyfriend/girlfriend’s mother. What do you do? You are a police detective who has just arrested a person for aggravated domestic violence. You see your partner punching the suspect in the face when the suspect is handcuffed and in the back of a patrol car. What do you do? Ethics and Justice The moral principles that guide individual perceptions of “right” and “wrong" Closely related to the concept of justice Influences discretionary decisions made by criminal justice actors Ethics and Justice Ethics and the Law Because ethical standards are not written into criminal statutes individuals often have to “fill in” the blank See “Discretion in Action” section on page 17 Ethics and Critical Thinking Critical thinking involves developing analytical skills and reasoning to address ethical challenges inherent in the criminal justice system Criminal Justice Today Two models of Criminal Justice Crime Control Deter crime by arresting and incarcerating criminals as quickly and efficiently as possible Due Process Protect the individual charged with a crime against the immense and sometimes possibly unjust power of the state Criminal Justice Today Discussion Question #4 Ask students to do some research on the criminal justice system in their city…. Which model of criminal justice (crime control or due process) do they believe is utilized today in their communities? Have them explain with specific cases Criminal Justice Today Crime and Law Enforcement: The Bottom Line Smarter Policing Identifying Criminals Proactive Hot Spot Biometrics Continuing Challenges for Law Enforcement Street Gangs Gun Use and Crime Illegal Drugs Problem Drug Use in the United States Criminal Justice Today Homeland Security and Domestic Terrorism Counterterrorism and Civil Liberties The Patriot Act Homeland Security and Civil Liberties Domestic Terrorism Criminal Justice Today The Emergence of Victims’ Rights Advocacy for Crime Victims Legislative Efforts Inmate Population Trends Changing Incarceration Policies Declining Use of the Death Penalty Recidivism Capital crime Incarceration and Race The Social Media Revolution Social Media and Law Enforcement The Dark Side of Social Media