Instructors Manual with Test Bank

Instructor’s Manual with Test Bank for Criminal Justice Today An Introductory Text for the 21 st Century

Sixteenth Edition

Frank Schmalleger

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1 Copyright © 2021 Pearson Education, Inc.Chapter 1 What Is Criminal Justice?

CHAPTER OVERVIEW

Chapter 1 introduces the subject of criminal justice. It describes the major theme of the book and discusses whether the criminal justice process actually functions as a “system”. It then provides an overview of the criminal justice process and the textbook as a whole. Finally, it discusses multiculturalism and diversity and the unique challenges and opportunities they present for the criminal justice system.The major theme of the book, individual rights versus public order, is a primary determinant of the nature of contemporary criminal justice. Individual rights advocates focus on protecting personal freedoms and civil rights within our society while public order advocates suggest that under certain circumstances involving criminal threats to public safety, the interests of society should take precedence over individual rights. Individual rights and community interests are delicately balanced in our criminal justice system. Attempts to expand individual rights affect community interests; conversely, as community interests have expanded more recently, individual rights have been limited. Balancing these competing interests revolves around individual conceptions of social justice.The criminal justice system includes a number of component agencies: police, courts, and corrections. However, whether it functions as a “system” has been called into question. The consensus model supports the system view, arguing that there is a high level of cooperation among agencies and individuals in the system, and that the components of the system operate without conflict. Conversely, the conflict model of criminal justice views the operation of these components from a different perspective, arguing that the goals of individual agencies differ and various external pressures fragment their efforts, leading to a criminal justice “nonsystem.” Both models have value in helping us understand the operation of the criminal justice system.Although the agencies of justice have a diversity of functions, they are linked closely enough for the term system to be applied. However, their sheer size makes effective inter-agency cooperation difficult.The author provides an overview of the book and introduces the stages in the justice process.In general, the criminal justice process begins with the police who are responsible for conducting an investigation, making an arrest if probable cause can be established, and booking the suspect. Pretrial activities begin with the first appearance, where the suspect is brought before a judge and may have the opportunity for bail. A preliminary hearing will then be conducted to determine whether there is probable cause and whether the criminal justice process should continue. In some states, the prosecutor may then seek to continue the case by filing an information with the court; in others, an indictment must be returned by a grand jury before prosecution can proceed. The suspect then goes to arraignment and is asked to enter a plea. If the defendant does not plead guilty, a trial will be held. After conviction, the judge imposes punishment in the form of a sentence, after which the corrections stage begins.As required by the U.S. Constitution, criminal justice case processing must be conducted with fairness and equity, also known as due process. Due process underlies the Bill of Rights; the guarantees in the Bill of Rights has been interpreted and clarified by the Supreme Court. Court decisions provide rights in practice and often carry as much weight as legislative action.The two models of justice are also discussed. The crime-control model values efficiency while the due process model emphasizes individual rights. While these goals appear opposing, it 2 / 4

2 Copyright © 2021 Pearson Education, Inc.is realistic to think of the American system of justice as representative of crime control through due process – a system of social control that is fair to those whom it processes.The move towards evidence-based practice is discussed, as well as a brief introduction to the beginnings of academic criminal justice and criminology. Finally, the issue of multiculturalism, which describes a society that is home to a multitude of different cultures, each with its own set of norms, values and behaviors, is introduced. The face of multiculturalism in America is different today than in the past. Multiculturalism is one form of diversity; diversity characterizes both immigrant and U.S.-born individuals.

CHAPTER OBJECTIVES

After reading this chapter, students should be able to

• Summarize the history of crime in America and corresponding changes in the American

criminal justice system.

• Describe the public order (crime-control) and individual rights (due process) perspectives of

criminal justice, concluding with how the criminal justice system balances the two perspectives.

• Explain the relationship between criminal justice and general concepts of equity and fairness.
• Describe the American criminal justice system in terms of its three major components and

their respective functions.

• Describe the process of American criminal justice, including the stages of criminal case

processing.

• Define due process of law, including where the American legal system guarantees due

process.

• Describe the role of evidence-based practice in contemporary criminal justice.
• Explain how multiculturalism and social diversity present special challenges to, and

opportunities for, the American system of criminal justice.

CHAPTER OUTLINE

• Introduction

• Discuss current events that have affected public attitudes toward the American criminal justice system. Explain the concept of procedural fairness and discuss its importance in the American justice system.• Ask students to discuss how recent events, including both acts of violence by police and assaults on police, have affected their view of the criminal justice system?• Explain how crime is defined in this textbook and ask students if they can think of additional ways it might be defined.• Ask students whether a random act of violence has recently occurred in their community.You can also ask about an event they might have heard about recently on the news or read about on the Web. Ask them to discuss their initial response, and ask whether they are concerned about possibly becoming a victim of such random violence.II. A Brief History of Crime in America • Provide students with a historical perspective of crime in the last half century. An effective way to highlight the changes is to simply provide a timeline of critical events (those discussed in this section and those listed in Figure 1-1). Discuss the importance of 3 / 4

3 Copyright © 2021 Pearson Education, Inc.these high-profile cases and how they influence public understanding of criminal justice.Ask students what other high profile crimes they remember.• Ask students to discuss why the increased emphasis on individual rights beginning in the 1960s was associated with an increase in reported crime.• Ask students to discuss whether they consider crimes committed via cyberspace to be more or less serious than similar crimes that are not Internet-based.• Engage students in a discussion of why crime and criminal justice are such important political issues. Ask them how the political process can be influenced by high-profile media events, such as any of the incidents discussed at the beginning of the chapter.Discuss the September 11 attacks with students, and then describe how politicians responded by enacting the USA PATRIOT Act.III. The Theme of This Book • Highlight the key differences between the individual-rights and public-order perspectives.• Ask students if they identify more with what the book calls the individual-rights perspective or the public-order perspective? Ask them to consider what experiences they have had that might explain their affinity for that perspective?• Ask students whether they see a trend in our society in favor of individual-rights or public-order interests. Encourage them to present examples to support their opinions.• Ask students to discuss the relative merits of the individual-rights and public-order perspectives. Discuss how the goals of both perspectives might be balanced in contemporary society.• Poll students to determine their identification with either the individual-rights perspective or the public-order perspective. After polling is complete, assign students to presentation groups by asking those who most closely identify with the public-order perspective to defend individual rights, and vice versa. Such role reversal can be interesting in its own right, but it may also serve to broaden students’ appreciation for the values of others.• Divide the class into groups, and assign one group to be individual-rights advocates and the other to be public-order advocates. A good issue for students to examine is the profiling of airline passengers. Explain to students how the criminal justice system’s response to the events of September 11, 2001 has significantly changed airport screening procedures. Ask the students representing the public-order advocates to prepare a list of personal characteristics (e.g., race, ethnicity, gender, age, clothing) that they would seek to utilize in screening potential dangerous passengers in an airport terminal. Ask the students viewing this issue as individual-rights advocates to provide a list of stereotypes or situations regarding passengers in a terminal that might indicate an unreasonable search or seizure by the criminal justice system. After placing both lists on the board for everyone to see, have the two groups debate the topic.• Have students collect clippings and stories from the Web, newspapers, and magazines, and do a short report or presentation noting which criminal justice–related topics (such as individual rights, social control, policing, terrorism, and violent crime) receive the most coverage.IV. Criminal Justice and Basic Fairness • Explain the differences between criminal justice and social justice. Contrast the focus of criminal justice (violations of the criminal law) and civil justice (fairness in relationships among citizens, government agencies, and businesses in private matters).

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