, 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
1
,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
, 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
1. Summarize the history of crime in America and corresponding
changes in the American criminal justice system.
2. 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.
3. Explain the relationship between criminal justice and general concepts of
equity and fairness.
4. Describe the American criminal justice system in terms of its three
major components and their respective functions.
5. Describe the process of American criminal justice, including the
stages of criminal case processing.
6. Define due process of law, including where the American legal
system guarantees due process.
7. Describe the role of evidence-based practice in contemporary criminal
justice.
8. Explain how multiculturalism and social diversity present special
challenges to, and opportunities for, the American system of
criminal justice.
CHAPTER OUTLINE
I. 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
3
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
1
,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
, 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
1. Summarize the history of crime in America and corresponding
changes in the American criminal justice system.
2. 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.
3. Explain the relationship between criminal justice and general concepts of
equity and fairness.
4. Describe the American criminal justice system in terms of its three
major components and their respective functions.
5. Describe the process of American criminal justice, including the
stages of criminal case processing.
6. Define due process of law, including where the American legal
system guarantees due process.
7. Describe the role of evidence-based practice in contemporary criminal
justice.
8. Explain how multiculturalism and social diversity present special
challenges to, and opportunities for, the American system of
criminal justice.
CHAPTER OUTLINE
I. 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
3
