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Week 2 Update
Weekly Announcement
Hello All! Welcome to week two of the Intro to Criminal Justice class. This week we will be
covering historical constructs of crime causation, the balance of individual rights and public
order, compare and contrast the due process and crime control model and their eternal
struggle for justice and lastly, the criminal justice process itself.

The assignment for the week is the completion of two (2) essay questions posted in the
discussion board section of Blackboard. Be sure to review the grading rubric for the essay
question to ensure you are striving to achieve all points possible. I hope to have your grades for
week one back by Sunday of week 2. Also, I will be reviewing the participation for week one for
attendance and if any student has posted no work and has not contacted me in advance will be
dropped from the course.

I hope you all are adjusting to another semester and good luck in week 2!!

S

Essay Questions for the Week 2
    1. What were the similarities and differences between classical theories of crime causation
       and neoclassical theories of crime causation? (Be sure to read rubric for scoring
       guidelines)
    2. What were the influences upon the criminal justice system of Caesare Lombroso's
       theories of crime causation?

Chapter Outline

I. Contemporary Events That Have Shaped the Modern CJS

         Rioting and the Fear of Crime
         Civil Rights and War Protests
         The War on Crime
         Omnibus Crime Control and Safe Streets Act of 1968
II. Law and Order Versus Individual Rights

          The Balance between Individual Rights and the Power of Government
III. Defining the Criminal Justice System
Agencies and People
        Process and Flow
IV. Criminal Justice Models

        Crime Control versus Due Process
V. The Criminal Justice Process

        Deciding What Is a Crime
        Detecting a Crime and Arresting a Suspect
        Determining Guilt
        Deciding on the Punishment
        Carrying out the Sentence


Learning Objectives

After completion of this chapter, students should be able to:

1. Describe historical events that shaped the criminal justice system.

2. Explain the need to balance individual rights and maintain public order.

3. Define the agencies that comprise the criminal justice system.

4. Discern differences between crime control and due process models.

5. Know the steps of the criminal justice system.


Key Terms

Arraignment (p. 12) a short hearing before the judge in which the charges against the defendant are
announced



Arrest (p. 10) restricting the freedom of persons by taking them into police custody



Bail (p. 11) release of the defendant from custody on the promise, often secured with a monetary bond,
that the defendant will return to court at the necessary time to address the charges



Bench trial (p. 12) judicial process to determine the guilt or innocence of a defendant in which the
determination is made by a judge, not the jury
Bill of Rights (p. 7) delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom
of speech



Booking (p. 10) police activity that establishes the identity of an arrested person and formerly charges
that person with a crime



Civil Rights Act of 1964 (p. 4) declared that it is illegal for businesses, hotels, restaurants, and public
transportation to deny citizens service based on their race



Crime control model (p. 9) model of the criminal justice system in which emphasis is placed on fighting
crime and protecting potential victims



Criminal justice system (p.6) the enforcement, by the police, the courts, and correctional institutions, of
obedience to laws



Due process (p. 9) rules and procedures for protecting individuals accused of crime from arbitrary and
excessive abuse of power by the government

Grand jury (p. 11) panel of citizens similar to a trial jury that decides whether there is probable cause to
indict a defendant on the charges alleged



Formal sanctions (p. 6) social norms enforced through the laws of the criminal justice system



Indictment (p. 11) the formal verdict of the grand jury that there is sufficient evidence to bring a person
to trial



Informal sanctions (p. 6) social norms that are enforced through the social forces of the family, school,
government, and religion



Jury trial (p. 12) the jury determines the guilt of the defendant
Order maintenance (p. 7) A system of maintaining the day-to-day life of ordinary citizens, a primary goal
of the criminal justice system



Picket Fence Model (p. 7) model of the criminal justice system, with the local, state, and federal criminal
justice systems depicted as three horizontal levels connected vertically by the roles, functions, and
activities of the agencies that comprise them



Preliminary hearing (p. 11) hearing before a magistrate judge in which the prosecution presents
evidence to convince the judge that there is probable cause to bring the defendant to trial



Presumption of innocence (p. 9) The most important principle of the due process model, requiring that
all accused persons are treated as innocent until proven guilty in a court of law



Probation (p. 13) a disposition in which a convicted defendant is offered an opportunity to avoid serving
any time in prison by agreeing to fulfill conditions set forth by the court



Parole (p. 13) early release from prison before the maximum sentence is served, based on evidence of
rehabilitation and the good behavior of the inmate



Sentence (p. 12) disposition of a case by determining the punishment for a defendant convicted of a
crime



Social norms (p. 6) the expected normative behavior in a society



System of social control (p. 6) a social system designed to maintain order and regulate interactions



The Law Enforcement Educational Program (LEEP) (p. 5) created the goal of which is to promote
education among criminal justice personnel



The National Commission on Criminal Justice Standards and Goals (p. 5) formulated specific standards
and goals for police, courts, corrections, and crime prevention
The Omnibus Crime Control and Safe Streets Act of 1968 (p. 5) created the Law Enforcement Assistance
Administration (LEAA) to act as a conduit for the transfer of federal funds to state and local law
enforcement agencies



The President’s Commission on Law Enforcement and Administration of Justice (p. 4) concluded that
most people had lost confidence in the ability of the police to maintain law and order



War on Crime (p. 4) declared by President Lyndon Johnson to counter crime and social disorder



War on Terrorism (p. 5) is declared by President George W. Bush in response to the attacks of
September 11, 2001

Chapter Summary

        The main agencies of the criminal justice system include: the police, the courts, probation and
parole agencies and corrections agencies. The actions of government agencies in the criminal justice
system are challenged to balance individual due process rights, with the need to provide effective crime
control for the larger part of society. The decentralization of the criminal justice system, as displayed in
the picket fence model is designed to provide separate but linked services at various government levels.
The theme of this chapter is the challenge for the criminal justice system to balance its efforts in crime
control, while acknowledging due process rights. The central premise of the due process model is the
presumption of innocence. Due process protects the rights of a defendant while being processed
through the system. The major processes in the criminal justice system are: 1) Deciding What Is a Crime,
2) Detecting a Crime and Arresting a Suspect, 3) Determining Guilt, 4) Deciding on the Punishment, and
5) Carrying out the Sentence.

        The police are responsible for investigation, arrest, and booking. A magistrate judge reviews the
charges to determine if they are legitimate, advises the person of their legal rights, and determines bail.
A case moves from the police to the prosecutor after a preliminary hearing, in which probable cause is
established for believing that the defendant has committed a crime. At the arraignment, the defendant
pleads not guilty, guilty, or no contest to the charges. Guilt or innocence is determined by the judge in a
bench trial or by the jury in a jury trial. If convicted, the judge determines the appropriate sentence for a
convicted defendant, based upon a presentence investigation report. If the verdict finds the defendant
guilty an appeal of the verdict by the defense is possible. The convicted defendant may become an
inmate in a correctional facility, but most likely given probation. Probation requires fulfilling certain
conditions imposed by the court to avoid incarceration. Parole allows someone sentenced to prison to
obtain an early release from a correctional facility.

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Week 2 update

  • 1. Week 2 Update Weekly Announcement Hello All! Welcome to week two of the Intro to Criminal Justice class. This week we will be covering historical constructs of crime causation, the balance of individual rights and public order, compare and contrast the due process and crime control model and their eternal struggle for justice and lastly, the criminal justice process itself. The assignment for the week is the completion of two (2) essay questions posted in the discussion board section of Blackboard. Be sure to review the grading rubric for the essay question to ensure you are striving to achieve all points possible. I hope to have your grades for week one back by Sunday of week 2. Also, I will be reviewing the participation for week one for attendance and if any student has posted no work and has not contacted me in advance will be dropped from the course. I hope you all are adjusting to another semester and good luck in week 2!! S Essay Questions for the Week 2 1. What were the similarities and differences between classical theories of crime causation and neoclassical theories of crime causation? (Be sure to read rubric for scoring guidelines) 2. What were the influences upon the criminal justice system of Caesare Lombroso's theories of crime causation? Chapter Outline I. Contemporary Events That Have Shaped the Modern CJS Rioting and the Fear of Crime Civil Rights and War Protests The War on Crime Omnibus Crime Control and Safe Streets Act of 1968 II. Law and Order Versus Individual Rights The Balance between Individual Rights and the Power of Government III. Defining the Criminal Justice System
  • 2. Agencies and People Process and Flow IV. Criminal Justice Models Crime Control versus Due Process V. The Criminal Justice Process Deciding What Is a Crime Detecting a Crime and Arresting a Suspect Determining Guilt Deciding on the Punishment Carrying out the Sentence Learning Objectives After completion of this chapter, students should be able to: 1. Describe historical events that shaped the criminal justice system. 2. Explain the need to balance individual rights and maintain public order. 3. Define the agencies that comprise the criminal justice system. 4. Discern differences between crime control and due process models. 5. Know the steps of the criminal justice system. Key Terms Arraignment (p. 12) a short hearing before the judge in which the charges against the defendant are announced Arrest (p. 10) restricting the freedom of persons by taking them into police custody Bail (p. 11) release of the defendant from custody on the promise, often secured with a monetary bond, that the defendant will return to court at the necessary time to address the charges Bench trial (p. 12) judicial process to determine the guilt or innocence of a defendant in which the determination is made by a judge, not the jury
  • 3. Bill of Rights (p. 7) delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom of speech Booking (p. 10) police activity that establishes the identity of an arrested person and formerly charges that person with a crime Civil Rights Act of 1964 (p. 4) declared that it is illegal for businesses, hotels, restaurants, and public transportation to deny citizens service based on their race Crime control model (p. 9) model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims Criminal justice system (p.6) the enforcement, by the police, the courts, and correctional institutions, of obedience to laws Due process (p. 9) rules and procedures for protecting individuals accused of crime from arbitrary and excessive abuse of power by the government Grand jury (p. 11) panel of citizens similar to a trial jury that decides whether there is probable cause to indict a defendant on the charges alleged Formal sanctions (p. 6) social norms enforced through the laws of the criminal justice system Indictment (p. 11) the formal verdict of the grand jury that there is sufficient evidence to bring a person to trial Informal sanctions (p. 6) social norms that are enforced through the social forces of the family, school, government, and religion Jury trial (p. 12) the jury determines the guilt of the defendant
  • 4. Order maintenance (p. 7) A system of maintaining the day-to-day life of ordinary citizens, a primary goal of the criminal justice system Picket Fence Model (p. 7) model of the criminal justice system, with the local, state, and federal criminal justice systems depicted as three horizontal levels connected vertically by the roles, functions, and activities of the agencies that comprise them Preliminary hearing (p. 11) hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial Presumption of innocence (p. 9) The most important principle of the due process model, requiring that all accused persons are treated as innocent until proven guilty in a court of law Probation (p. 13) a disposition in which a convicted defendant is offered an opportunity to avoid serving any time in prison by agreeing to fulfill conditions set forth by the court Parole (p. 13) early release from prison before the maximum sentence is served, based on evidence of rehabilitation and the good behavior of the inmate Sentence (p. 12) disposition of a case by determining the punishment for a defendant convicted of a crime Social norms (p. 6) the expected normative behavior in a society System of social control (p. 6) a social system designed to maintain order and regulate interactions The Law Enforcement Educational Program (LEEP) (p. 5) created the goal of which is to promote education among criminal justice personnel The National Commission on Criminal Justice Standards and Goals (p. 5) formulated specific standards and goals for police, courts, corrections, and crime prevention
  • 5. The Omnibus Crime Control and Safe Streets Act of 1968 (p. 5) created the Law Enforcement Assistance Administration (LEAA) to act as a conduit for the transfer of federal funds to state and local law enforcement agencies The President’s Commission on Law Enforcement and Administration of Justice (p. 4) concluded that most people had lost confidence in the ability of the police to maintain law and order War on Crime (p. 4) declared by President Lyndon Johnson to counter crime and social disorder War on Terrorism (p. 5) is declared by President George W. Bush in response to the attacks of September 11, 2001 Chapter Summary The main agencies of the criminal justice system include: the police, the courts, probation and parole agencies and corrections agencies. The actions of government agencies in the criminal justice system are challenged to balance individual due process rights, with the need to provide effective crime control for the larger part of society. The decentralization of the criminal justice system, as displayed in the picket fence model is designed to provide separate but linked services at various government levels. The theme of this chapter is the challenge for the criminal justice system to balance its efforts in crime control, while acknowledging due process rights. The central premise of the due process model is the presumption of innocence. Due process protects the rights of a defendant while being processed through the system. The major processes in the criminal justice system are: 1) Deciding What Is a Crime, 2) Detecting a Crime and Arresting a Suspect, 3) Determining Guilt, 4) Deciding on the Punishment, and 5) Carrying out the Sentence. The police are responsible for investigation, arrest, and booking. A magistrate judge reviews the charges to determine if they are legitimate, advises the person of their legal rights, and determines bail. A case moves from the police to the prosecutor after a preliminary hearing, in which probable cause is established for believing that the defendant has committed a crime. At the arraignment, the defendant pleads not guilty, guilty, or no contest to the charges. Guilt or innocence is determined by the judge in a bench trial or by the jury in a jury trial. If convicted, the judge determines the appropriate sentence for a convicted defendant, based upon a presentence investigation report. If the verdict finds the defendant
  • 6. guilty an appeal of the verdict by the defense is possible. The convicted defendant may become an inmate in a correctional facility, but most likely given probation. Probation requires fulfilling certain conditions imposed by the court to avoid incarceration. Parole allows someone sentenced to prison to obtain an early release from a correctional facility.