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, Chapter 1
Introduction to Criminal Justice
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CHAPTER OVERVIEW
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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 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
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within the criminal justice system. A restriction on government power is referred to as due
process rights.
During the “Amherst Uprising” in the fall of 2015, hundreds of students protested racial injustice
and victimization, claiming Amherst was an institutional legacy of white supremacy. Students
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called for “Free Speech, “All Lives Matter”, and “Black Lives Matter”. Where do you draw the
line between First Amendment rights of free speech and expression of ideas? Is society dealing
with a more “entitled” younger generation?
An emphasis on efficient and effective justice is known as the crime-control (public-order)
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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)
constantly shifts back and forth.
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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
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.
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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 sure justice for the victim.
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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
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.
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