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ST
, ?
ED
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IA
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ST
, ?
ED
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, Chapter 1
Introduction to Criminal Justice
CHAPTER OVERVIEW
ST
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
UV
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.
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
IA
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
for the accused in the 1960s. When the Court tend to create new due process rights, it is referred
AP
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
PR
against abuse of power by police, prosecutors, courts, and corrections at the 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,
OV
(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
system, but there are numerous exit options.
A number of significant historical events have prompted change of the criminal justice system.
ED
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,
(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
1
Copyright © 2023 Pearson Education, Inc.
ED
OV
PR
AP
IA
UV
ST
, ?
ED
OV
PR
AP
IA
UV
ST
, ?
ED
OV
PR
AP
IA
UV
ST
, Chapter 1
Introduction to Criminal Justice
CHAPTER OVERVIEW
ST
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
UV
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.
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
IA
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
for the accused in the 1960s. When the Court tend to create new due process rights, it is referred
AP
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
PR
against abuse of power by police, prosecutors, courts, and corrections at the 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,
OV
(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
system, but there are numerous exit options.
A number of significant historical events have prompted change of the criminal justice system.
ED
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,
(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
1
Copyright © 2023 Pearson Education, Inc.
