Instructors Manual - for CJ 2022 James A. Fagin Michele P. B ratina iii

Instructor’s Manual for

CJ 2022

James A. Fagin Michele P. B ratina 1 / 4

iii Contents

1 1 17 17 30 30 49 49 64 64 88 88 111 111 126 126 143 143 164 164 195 195 222 222 238 238 Chapter 1

Introduction to Criminal Justice Chapter 2

Measuring Crime and Victimization Chapter 3

Crime: The Search for Understanding

Chapter 4

Criminal Law: Crimes and the Limits of Law

Chapter 5 An Overv

iew of Law Enforcement: History, Agencies, Personnel, and

Strateg ies Chapter 6 Oversight and Professionalism o f Law Enfo rcement Chapter 7 The Court System Chapter 8 Courtro om Participants and the Trial Chapter 9

Sentencing Chapter 10 Jails and Prisons Chapter 11

Community Corrections Chapter 12

Reentry, Desistance-Focu sed Criminal Justice, and Reintegration Chapter 13

The Juvenile Justice System Chapter 14 261 Trending Topics 261 2 / 4

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Chapter 1 Introduction to Criminal Justice

CHAPTER OVERVIEW

A government by the people should not infringe upon individual rights. The power of government to enforce laws must be balanced in conjunction with the need to preserve individual liberties.The law should not treat individuals differently because of their socioeconomic status, race, religion, or other social characteristics not related to an alleged offense. Hence, when government is perceived to violate individual liberties; protests and demonstrations can result. The balancing of individual rights and public safety is achieved through formal sanctions found within the criminal justice system. A restriction on government power is referred to as due process rights.An emphasis on efficient and effective justice is known as the crime-control (public-order) model. However, government is restricted in the powers it may exercise in maintaining law and order in society. The constitution guarantees that people have due process rights. Hence, the emphasis on crime-control (public-order) versus an emphasis on individual rights (due process) constantly shifts back and forth.The U.S. Supreme Court under Chief Justice Earl Warren created many new due process rights for the accused in the 1960s. When the Court tend to create new due process rights, it is referred to as a “liberal court. When the Court tends to make decisions that support public safety rather than due process, it is referred to as a “conservative court”.One of the best-known guidelines issued by the U.S. Supreme Court came from Miranda v.Arizona (1966), in which the Court mandated the specific due process rights that law enforcement must follow in arrest and interrogation of accused persons. Due process rights protect the accused against abuse of power by police, prosecutors, courts, and corrections at the expense of swift and sure justice for the victim.There are five stages through which a defendant is processed within the criminal justice system.These stages include: (1) entry into the system by arrest, (2) prosecution and pretrial services to determine if evidence is sufficient, (3) adjudication wherein the defendant enters a plea, (4) sentencing by the judge, if the defendant is found guilty, and (5) corrections, where the defendant can be sentenced to a correctional facility, or given an alternative sanction such as probation. There are limited options as to how a person is processed into the criminal justice system, but there are numerous exit options.A number of significant historical events have prompted change of the criminal justice system.More specifically, there were five meta-influences that had profound effects in changing various aspects of governmental operations. These historical events were: (1) the civil rights movement, (2) protests and the Vietnam War, (3) the war on crime, (4) the concern over Homeland Security, and (5) public concern regarding bias and discrimination. These events have brought awareness for the need to censure and transform the policy and procedures of the criminal justice system.The study of crime as an academic discipline emerged in the United States in the twentieth century and was rooted in the academic discipline of sociology. The discipline of criminal justice emerged in the 1960s and matured in the 1980s. The study of law is a distinctly different 3 / 4

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discipline from criminal justice or criminology. An objective of the study of criminal justice may be to develop theories, but also applied research, or problem-solving research.

CHAPTER OBJECTIVES

• Understand the concepts of limited government powers and checks and balances.
• Explain the difference between the crime control model and the due process model.
• Describe the five stages of the criminal justice system.
• Describe the five meta-influences upon the criminal justice system and their influence upon

the criminal justice system.

• Explain how the academic field of criminal justice developed and how it differs from closely

related fields such as sociology and law.

LECTURE OUTLINE

• Introduction

Teaching Tip: Consider a pre-test during the first class of the semester. It can be anywhere from 25–50 questions that covers all 14 chapters, gleaned from the test bank. You could later give the same exam at the end of the semester to help gauge the progress of the students’ understanding of the material.II. Introduction to the Criminal Justice System

• Criminal justice system is complex and extensive network of agencies, processes, and

personnel

• Criminal justice system is so complex that few laypersons understand all workings

and interactions

• System can be contradictory, flawed, and biased
• The system is constantly changing

• Why it is changing

• Law enforcement commonly perceived as center of criminal justice system
• In reality, courts are center

• Have authority to decide what the law means, which laws are constitutional, and which social values and individual rights will be protected by law • They play central role in determining balance between government power and individual rights and freedoms • Only branch of criminal justice system mentioned in U.S. Constitution III. Government by the People

• Most people do not need laws or a criminal justice system to know that certain

actions are wrong

• Most have sense of what is fair and just
• Most have sense of what individual freedoms and rights they believe the

government should not infringe upon

• Philosophers and politicians have long discussed concept of right and wrong and role

of government

• John Locke
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