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Test Bank & Solutions: CJ 2019 1st Edition by James A. Fagin (All Chapters 1-14)

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Test Bank and Solutions Manual for CJ 2019 1st Edition by James A. Fagin (All Chapters 1-14). 1. Introduction to Criminal Justice 2. Measuring Crime and Victimization 3. Crime: The Search for Understanding 4. Criminal Law: Crimes and the Limits of Law 5. An Overview of Law Enforcement: History, Agencies, Personnel, and Strategies 6. Oversight and Professionalism of Law Enforcement 7. The Court System 8. Courtroom Participants and the Trial 9. Sentencing 10. Jails and Prisons 11. Probation and Parole 12. Corrections in the Community 13. The Juvenile Justice System 14. Trending Topics

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, Chapter 1

Introduction to Criminal Justice
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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
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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.
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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.
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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
called for “Free Speech, “All Lives Matter”, and “Black Lives Matter”. Where do you draw the
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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)
model. However, government is restricted in the powers it may exercise in maintaining law and
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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.

The U.S. Supreme Court under Chief Justice Earl Warren created many new due process rights
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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
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expense of swift and 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
determine if evidence is sufficient, (3) adjudication wherein the defendant enters a plea, (4)
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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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