kjhgfd
INSTRUCTOR’S MANUAL
CJ 2022, 1st edition
By James A. Fagin
N
U
R
SE
D
O
C
S
kjhgfd
, kjhgfd
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
N
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.
U
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)
R
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
SE
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
D
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
O
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
C
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,
S
(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
kjhgfd
, kjhgfd
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
1. Understand the concepts of limited government powers and checks and balances.
2. Explain the difference between the crime control model and the due process model.
3. Describe the five stages of the criminal justice system.
4. Describe the five meta-influences upon the criminal justice system and their influence upon
the criminal justice system.
N
5. Explain how the academic field of criminal justice developed and how it differs from closely
related fields such as sociology and law.
LECTURE OUTLINE
U
I. Introduction
Teaching Tip: Consider a pre-test during the first class of the semester. It can be anywhere from
R
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
SE
A. Criminal justice system is complex and extensive network of agencies, processes, and
personnel
B. Criminal justice system is so complex that few laypersons understand all workings
and interactions
1. System can be contradictory, flawed, and biased
2. The system is constantly changing
D
• Why it is changing
C. Law enforcement commonly perceived as center of criminal justice system
1. In reality, courts are center
O
• 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
C
and individual rights and freedoms
• Only branch of criminal justice system mentioned in U.S. Constitution
III. Government by the People
S
A. Most people do not need laws or a criminal justice system to know that certain
actions are wrong
1. Most have sense of what is fair and just
2. Most have sense of what individual freedoms and rights they believe the
government should not infringe upon
B. Philosophers and politicians have long discussed concept of right and wrong and role
of government
1. John Locke
kjhgfd
, kjhgfd
• Argued that all human beings are endowed with “natural rights”
• Rights given by power higher than government
• Argued that people cannot be deprived of them
• Governments exist to serve individuals
• Social contract
C. When concepts of justice and fairness are perceived to be violated, protests and even
violence can result
1. American Revolution
N
• Founders of nation declared their purpose was to establish a “more perfect
union”
• Principles of this “more perfect union” incorporated into Declaration of
Independence and U.S. Constitution
U
IV. Order Maintenance versus Individual Liberties
A. Citizens expect law enforcement to play central role in maintaining law and order in
society
R
1. Death of George Floyd on May 25, 2020
• Set off chain of events leading to demands for racial equality and reform of
police
SE
• Some called for abolishment of law enforcement
B. Society uses several means to balance conflicting rights and social values
1. In general, can be divided into:
• Informal sanctions
➢ Defined
D
➢ What they include
➢ Social norms defined
• Formal sanctions
O
➢ Defined
➢ Order maintenance defined
2. In homogenous, stable society with common belief system, there is less need for
reliance on formal system of social control
C
• System of social control defined
➢ When they operate most effectively and efficiently
•
S
Contemporary U.S. society is not characterized by homogeneous and stable
group of people with common belief system
3. When there is conflict, especially if it threatens or involves violence
• Usually is handled by the criminal justice system
• If negotiations fail, citizens may protest
• When protests become violent or result in property damage or injury or death
to others, law enforcement usually called in to restore law and order
kjhgfd
INSTRUCTOR’S MANUAL
CJ 2022, 1st edition
By James A. Fagin
N
U
R
SE
D
O
C
S
kjhgfd
, kjhgfd
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
N
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.
U
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)
R
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
SE
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
D
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
O
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
C
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,
S
(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
kjhgfd
, kjhgfd
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
1. Understand the concepts of limited government powers and checks and balances.
2. Explain the difference between the crime control model and the due process model.
3. Describe the five stages of the criminal justice system.
4. Describe the five meta-influences upon the criminal justice system and their influence upon
the criminal justice system.
N
5. Explain how the academic field of criminal justice developed and how it differs from closely
related fields such as sociology and law.
LECTURE OUTLINE
U
I. Introduction
Teaching Tip: Consider a pre-test during the first class of the semester. It can be anywhere from
R
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
SE
A. Criminal justice system is complex and extensive network of agencies, processes, and
personnel
B. Criminal justice system is so complex that few laypersons understand all workings
and interactions
1. System can be contradictory, flawed, and biased
2. The system is constantly changing
D
• Why it is changing
C. Law enforcement commonly perceived as center of criminal justice system
1. In reality, courts are center
O
• 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
C
and individual rights and freedoms
• Only branch of criminal justice system mentioned in U.S. Constitution
III. Government by the People
S
A. Most people do not need laws or a criminal justice system to know that certain
actions are wrong
1. Most have sense of what is fair and just
2. Most have sense of what individual freedoms and rights they believe the
government should not infringe upon
B. Philosophers and politicians have long discussed concept of right and wrong and role
of government
1. John Locke
kjhgfd
, kjhgfd
• Argued that all human beings are endowed with “natural rights”
• Rights given by power higher than government
• Argued that people cannot be deprived of them
• Governments exist to serve individuals
• Social contract
C. When concepts of justice and fairness are perceived to be violated, protests and even
violence can result
1. American Revolution
N
• Founders of nation declared their purpose was to establish a “more perfect
union”
• Principles of this “more perfect union” incorporated into Declaration of
Independence and U.S. Constitution
U
IV. Order Maintenance versus Individual Liberties
A. Citizens expect law enforcement to play central role in maintaining law and order in
society
R
1. Death of George Floyd on May 25, 2020
• Set off chain of events leading to demands for racial equality and reform of
police
SE
• Some called for abolishment of law enforcement
B. Society uses several means to balance conflicting rights and social values
1. In general, can be divided into:
• Informal sanctions
➢ Defined
D
➢ What they include
➢ Social norms defined
• Formal sanctions
O
➢ Defined
➢ Order maintenance defined
2. In homogenous, stable society with common belief system, there is less need for
reliance on formal system of social control
C
• System of social control defined
➢ When they operate most effectively and efficiently
•
S
Contemporary U.S. society is not characterized by homogeneous and stable
group of people with common belief system
3. When there is conflict, especially if it threatens or involves violence
• Usually is handled by the criminal justice system
• If negotiations fail, citizens may protest
• When protests become violent or result in property damage or injury or death
to others, law enforcement usually called in to restore law and order
kjhgfd
