Introduction to Criminal Justice 10e Robert M. Bohm, Keith N. Haley
Chapter 1-14
Chapter 1
Crime and Justice in the United States
Overview
The chapter begins by discussing crime in the United States. It briefly describes several
famous criminal cases in recent history. Criminal justice is examined as a system. That
system includes the police, the courts, and corrections. The police deal with crime, crime
control, arrests, and bookings. The prosecution deals with charging the defendants. The
prosecution also determines if the suspect has committed a misdemeanor, an ordinance
violation, or a felony. It may file an information or an indictment. An arrest warrant may
be issued by the court so that the police may arrest a suspect.
There are a variety of stages in a court that defendants may experience. They may have an
initial appearance, an arraignment, and a bail set; a preliminary hearing may occur.
Defendants may have a bench trial or a jury trial. They may participate in plea bargaining
or simply plead guilty and receive their sentence.
Convicted defendants then become part of the correctional system, where they may
receive probation, intermediate punishments, or incarceration. After serving a portion of
their sentence, they may be paroled. Next, the chapter discusses how the criminal justice
system is sometimes viewed as a nonsystem because of the differences among different
jurisdictions of independent agencies within the United States and the conflict and
confusion among them.
The chapter then presents the two models of the criminal justice system. The first, the
crime control model, reflects traditional conservative political values. In this model, the
control of criminal behavior is the most important function of criminal justice. The second,
the due process model, embodies traditional liberal political values. In this model, the
principal goal of criminal justice is at least as much to protect the innocent as it is to
convict the guilty.
Bohm, Introduction to Criminal Justice, 10e
Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
,The chapter ends with a discussion of myths about crime and criminal justice. The chapter
also uses the history of trial by ordeal as an example. Throughout the book, criminal
justice myths are exposed and explained.
Lecture Outline
I. Crime in the United States
Every day people are confronted with reports of crime in newspapers, magazines, and radio
and television news programs. Crime is a favorite subject of movies and novels.
Unfortunately, some people encounter crime more directly as victims. No wonder crime is
a top concern of the American public.
II. Criminal Justice: An Institution of Social Control
Like the family, schools, organized religion, the media, and the law, criminal justice is an
institution of social control in the United States. A primary role of such institutions is
to persuade people, through subtle and not-so-subtle means, to abide by the dominant
values of society. Subtle means of persuasion include gossip and peer pressure, whereas
expulsion and incarceration are examples of not-so-subtle means.
III. Criminal Justice: The System
Criminal justice in the United States is administered by a loose confederation of more than
50,000 agencies of federal, state, and local governments. There are differences in the ways
the criminal justice system operates in different jurisdictions, there are also similarities.
The term jurisdiction, as used here, means a politically defined geographical area.
Misdemeanors are less serious crimes generally punishable by a fine or by incarceration
in jail for not more than one year. Felonies are serious offenses punishable by
confinement in prison for more than one year or by death.
A. Police
The criminal justice response to crime begins when a crime is reported to the police or,
far less often, when the police themselves discover that a crime has been committed.
Often, an arrest supported by witness statements and crime scene evidence is sufficient
to close a case, especially with a less serious crime.
Bohm, Introduction to Criminal Justice, 10e
Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
, An arrest is the seizing and detaining of a person by lawful authority. Booking is the
administrative recording of the arrest.
B. Courts
Soon after a suspect has been arrested and booked, a prosecutor reviews the facts of the
case and the available evidence. The prosecutor decides whether to charge the suspect
with a crime or crimes.
Pretrial Stages
After the charge or charges have been filed, the suspect, who is now the defendant,
is brought before a lower-court judge for an initial appearance. At the initial
appearance, the defendant is given formal notice of the charge or charges against
him or her and advised of his or her constitutional rights. In the case of a
misdemeanor or an ordinance violation, a summary trial (an immediate trial without
a jury) may be held.
Probable cause is a standard of proof that requires trustworthy evidence sufficient
to make a reasonable person believe that, more likely than not, the proposed action
is justified. Bail, usually a monetary guarantee deposited with the court, is meant to
ensure that the defendant will appear at a later stage in the criminal justice process.
In about half of all states, a preliminary hearing follows the initial appearance. A
grand jury is a group of citizens who meet in closed sessions for a specified period to
investigate charges coming from preliminary hearings and to fulfill other
responsibilities.
In states that do not use grand juries, prosecutors charge defendants with a
document called an information. An information outlines the formal charge or
charges, the law or laws that have been violated, and the evidence to support the
charge or charges.
Once an indictment or information is filed with the trial court, the defendant is
scheduled for arraignment—the primary purpose of arraignment is to hear the
formal information or indictment and to allow the defendant to enter a plea. About
95% of criminal defendants plead guilty to the charges against them in an
arrangement called plea bargaining—the practice whereby the prosecutor, the
defense attorney, the defendant, and, in many jurisdictions, the judge agree on a
specific sentence to be imposed if the accused pleads guilty to an agreed-on charge or
charges instead of going to trial.
Bohm, Introduction to Criminal Justice, 10e
Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
, Lecture Tip: The students may want to discuss these items in more detail than
time allows. Assure them that each of these items will be discussed in detail
later in the book.
Trial
If a defendant pleads not guilty or not guilty by reason of insanity, a trial date is set.
Approximately 2% of criminal cases involve jury trials. The remaining cases that are
not resolved through plea bargaining are decided by a judge in a bench trial—a trial
before a judge without a jury. If the judge or the jury finds the defendant guilty as
charged, the judge begins to consider a sentence.
C. Corrections
Presentence investigation reports are used in the federal system and in the majority of
states to help judges determine appropriate sentences. Five general types of
punishment are in use in the United States: fines, probation, intermediate punishments,
imprisonment, and death. Probation is a sentence in which the offender is retained in
the community under the supervision of a probation agency rather than being
incarcerated. It is the most frequently imposed sentence in the U.S.
Defendants who are found guilty may appeal on either legal or constitutional gorunds.
Appellate courts may affirm the lower court’s verdict and let it stand, modify the verdict
without totally reversing it, reverse the verdict, or reverse the decision and remand it
to the lower court for retrial or resentencing.
Parole is the conditional release of prisoners before they have served their full
sentences. The decision to grant parole is usually made by a parole board. Not all
jurisdictiosn in the U.S. grant parole
IV. Criminal Justice: The Nonsystem
There are several reasons why calling criminal justice a ―system‖ may be inappropriate
and misleading. First, there is no single ―criminal justice system‖ in the United States.
Second, if a system is thought of as a smoothly operating set of arrangements and
institutions directed toward the achievement of common goals, one is hard-pressed to call
the operation of criminal justice in the United States a system. Instead, because there is
considerable conflict and confusion among different agencies of criminal justice, a more
accurate
Bohm, Introduction to Criminal Justice, 10e
Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.