Overview
This lecture provides an extensive introduction to the American criminal justice system, covering its core components (policing, courts, corrections, juvenile justice), key theories, types of crime, legal principles, criminal justice policy, and contemporary issues.
Crime, Criminal Justice, and Criminology
- Crime is defined as a violation of laws by individuals or groups subject to those laws.
- Deviance refers to behavior that departs from social norms and not all deviant acts are crimes.
- Three main views on law creation: interactionist (those in power shape laws), consensus (society agrees on laws), and conflict (laws benefit those with power).
- The criminal justice system is comprised of the "Three Cs": cops, courts, and corrections.
- The system balances crime control (efficiency, public safety) and due process (individual rights and fairness).
- Discretion by officials is fundamental in how cases move through the system.
- Media often distorts public perception and creates crime myths.
Types of Crime and Offenses
- Distinction between street crime (violent/property offenses), corporate crime, and white-collar crime.
- Crimes classified as against persons, property, public order, or as drug offenses.
- Offenses are categorized as felonies (serious, >1 year prison), misdemeanors (less serious, <1 year jail), or infractions.
Defining and Measuring Crime
- The "dark figure of crime" represents unreported or undetected crime.
- Three main crime statistics sources: official statistics (UCR, NIBRS), victimization surveys (NCVS), and self-report studies.
- Each data source has strengths and limitations; statistics can be misused to support crime myths.
Criminal Law and Legal Process
- Laws serve as formal social control but are limited and can have dysfunctions.
- Criminal, civil, and moral wrongs are distinct; civil wrongs seek monetary compensation, criminal wrongs are prosecuted by the state, moral wrongs lack formal legal remedy.
- Sources of criminal law include constitutions, statutes, administrative rules, and case law.
- Key legal protections include constitutional amendments (Bill of Rights) and due process.
- Law is classified as substantive (defines crimes and punishments) or procedural (rules for enforcing the law).
Criminological Theory
- Theories explain causes of crime: classical (free will, rational choice), deterrence, positivist (biological, psychological, sociological causes), strain, learning, control, labeling, and critical theories.
- Theories are judged by logical consistency, scope, parsimony, testability, empirical validity, and usefulness.
Policing
- Four historical policing eras: political, reform, community, homeland security.
- Multiple levels of policing: federal, state, county, municipal, and specialized agencies.
- Recruitment and hiring involve rigorous testing, background checks, and psychological evaluations.
- Key contemporary issues: police misconduct, use of force, accountability, and the role of body cameras.
Courts
- The U.S. has a dual court system (federal and state courts) with trial and appellate levels.
- Key courtroom players: judges, prosecutors, defense attorneys, and court staff.
- The right to counsel is fundamental; representation is provided for indigent defendants at critical stages.
- Most cases are resolved through plea bargaining rather than trials.
Corrections and Community Sanctions
- Correctional philosophies include retribution, deterrence, incapacitation, and rehabilitation.
- Prisons (for felons) and jails (for misdemeanors, pretrial detainees) vary by type, size, and security level.
- Community corrections include probation, parole, halfway houses, drug courts, and restorative justice.
- Mass incarceration, aging inmates, overcrowding, and reentry are major issues.
Juvenile Justice
- Juvenile justice system focuses on rehabilitation and recognizes developmental differences between youth and adults.
- Juvenile courts evolved from parens patriae principle; due process rights for juveniles were expanded by Supreme Court cases.
- Transfer/waiver laws allow some juveniles to be tried as adults; recent reforms emphasize rehabilitation and brain development research.
Key Terms & Definitions
- Crime — Violation of laws by people subject to those laws.
- Deviance — Behavior departing from social norms.
- Consensus view — Laws reflect general agreement in society.
- Conflict view — Laws serve those in power.
- Felony — Serious crime, potential punishment over one year.
- Misdemeanor — Less serious crime, punishment under one year.
- Due Process — Legal fairness and protection of rights.
- Restorative Justice — Community-based process involving offenders, victims, and the community to repair harm.
- Probation — Community-based alternative to incarceration.
- Parens patriae — State's authority to protect children.
Action Items / Next Steps
- Review assigned readings and glossary terms for further clarification.
- Complete exercises on discretion, wedding cake model, and criminal justice data sources as directed.
- Follow up on assigned media links and recommended documentaries for practical understanding.