Cjs lecture 1 transcript
Cjs lecture 1 transcript
Rebecca Konkle,
and I'm excited to be your instructor for Introduction to Criminal Justice this semester.
I'm a faculty member here at UW Milwaukee where I teach courses on spatial analytics,
criminological theory, and a few others. A little bit about me, my research focuses on topics, that
are mostly surrounding spatial distribution of crime and victimization, so why crime happens in
some areas and not others. I also focus my research on victimization, overdoses, and
programming to help individuals, desist or no longer continue engaging in crime or other forms
of deviance. Some examples of my project, I have looked at how programs help formerly
incarcerated individuals find jobs or how resources are distributed to help to prevent crime. I
know these sound like big topics, but they're all really connected to the real world in ways that
we'll talk about throughout this class.
My goal in this class is to help you understand how the criminal justice system works, from
policing and courts all the way through corrections, while also thinking about how we can
improve it to make a fairer and more effective system. I want this class to be relatable and
engaging, so we'll look at some real cases, current events, and even some of my research to
see how the system operates in practice, not just on paper. My hope is that by the end of the
semester, you'll not only understand the basics of the criminal justice system, but also be able to
start thinking critically about how it impacts people in the communities. I'm here to help you
learn and to succeed, so don't hesitate to reach out asking questions or to share your thoughts.
I'm really looking forward to diving in and getting to know each other this semester.
In this lecture, we're going to start with a brief overview of the criminal justice system, and then
we're going to discuss the syllabus, so layout of the course, expectations, and the grading
scheme. To start, let's clarify an important distinction: criminology versus criminal justice. These
terms are related, but focus on different aspects of crime. Criminology is more concerned with
understanding why people commit crimes. It focuses on theories and explanations for criminal
behavior, looking at crime as a social phenomena.
Criminologists study societal influences like culture, poverty, and family, but they typically do not
focus on structures like police departments or the court system. For example, a criminologist
might ask, why does poverty correlate with higher crime rates? Or, how do peer influences lead
individuals to make offending decisions? On the other hand, criminal justice deals with the real
world aspects of crime. This field focuses on the systems, processes, and decision making
within the criminal justice system, like law enforcement, courts, and corrections.
Instead of asking why, criminal justice asks what is happening and how can we manage crime
effectively? For instance, someone studying criminal justice might analyze police response
times, court case backlogs, or the effectiveness of different prison rehabilitation programs. To
simplify this, criminology is rooted in theory and understanding why crime happens, while
criminal justice is more practical, dealing with the systems and institutions tasked with
responding to crime. Both are essential, but they approach crime from different perspectives.
The criminal justice system is a complex network of over 50,000 agencies operating across
federal, state, and local levels.
It's divided into 3 main branches: police, courts, and corrections. The police serve as the first
point of contact in the criminal justice system and their responsibilities are multifaceted. For
example, police enforce laws, investigate crime, and apprehend individuals suspected of
breaking the law. Police also work to prevent crime, maintain public order, and to ensure
community safety. Beyond enforcement, they provide emergency and community services while
protecting the rights and freedoms of citizens.
For example, officers responding to a call about suspicious activity are not just enforcing the
law. They're also reassuring the community and maintaining public trust in their capabilities of
protecting citizens. The next facet is courts. So once an individual has entered the court system,
the focus shifts to legal proceedings and justice. The courts are tasked with conducting fair and
impartial trials to determine guilt, non guilt, or innocence.
Courts ensure due process, meaning individuals are treated fairly and lawfully at every stage of
the process. If guilt is determined, the court also issues sentences and upholds the law of the
land, also known as Supreme Court rulings. Importantly, courts are designed to protect the
rights and freedoms of everyone involved, whether that be victims, defendants, or witnesses.
For example, a judge might rule to exclude evidence obtained without a warrant to safeguard
constitutional rights of the defendant. The 3rd and final system is the correctional system, which
deals with offenders after sentencing and includes jail, prisons, probation, and parole.
Corrections agencies carry out court-issued sentences while ensuring the safe and humane
custody of offenders. They work to protect the community by supervising individuals and
reducing the risk of reoffending. A key goal of the correctional system is rehabilitation,
reformation, and reintegration. This is helping offenders become more productive members of
society so that they're more successful upon their release. Throughout corrections, they must
respect the legal and humane rights of those who are under supervision.
For example, a probation officer might work closely with an individual to ensure they comply with
court ordered programs like job training or substance abuse counseling, but also respect their
rights. Together, these three branches, police, courts, and corrections, work as an
interconnected system. While each branch has its unique responsibilities, they rely heavily on
one another to uphold justice, ensure public safety, and to protect individual rights. To better
understand how the criminal justice system operates, it's important to focus on three key
characteristics that shape its functioning: discretion, resource dependence, and sequential
tasks. Discretion refers to the freedom officials have to make decisions based on their own
judgment.
This applies to all levels of the system. For example, a police officer may decide whether to
issue a warning or make an arrest. A prosecutor might choose whether to pursue charges or to
offer a plea bargain. A judge has discretion in sentencing within legal guidelines, and a parole
board might decide to release somebody into community supervision or to keep them
incarcerated. While discretion allows flexibility, it also raises questions about fairness,
consistency, and accountability.
In terms of resource dependence, the criminal justice system agencies are not self sufficient.
They rely on funding, staffing, and support from other organizations, governments, and the
public. Because of this, agencies must maintain positive relationships with key stakeholders like
legislators, community organizations, and taxpayers. For example, a police department relies on
city budgets for funding new officers or equipment, and prisons depend on state allocations to
maintain facilities. Resource dependence highlights the importance of collaboration and
advocacy to secure necessary resources.
The criminal justice system is also interdependent, meaning decisions at one stage affect the
next. Here, tasks could occur in a specific sequence. For example, police arrested a suspect.
The prosecutor decides on the charges. The courts conduct the trials.
Corrections carry out the sentences. If one part of the system delays or makes an error, it
impacts every subsequent stage. For example, if evidence is improperly collected by the police,
a case may be dismissed by the courts. Together, these characteristics, so discretion, resource
dependence, and sequential tasks, highlight the complexity and interconnectedness of the
criminal justice system. Understanding these dynamics helps us see how decisions are made,
resources are managed, and processes are carried out across police, courts, and corrections.
Next, let's further explore how these three facets of the criminal justice system are intertwined
with one another and how this interconnectedness relates to their goals and functions. The
criminal justice system has 3 main goals: doing justice, controlling crime, and preventing crime.
Each of these goals reflects a core function of the system working together to uphold public
safety and fairness in working together to uphold public safety and fairness in society. Doing
justice. This is the first goal, and it is focused on ensuring fairness and equality in how
individuals are treated within the criminal justice system.
Doing justice means holding individuals accountable for their actions while also protecting their
individual rights. It involves principles like fairness, impartiality, and due process. For example, if
2 individuals commit the same crime, doing justice ensures that they face the same legal
consequences, regardless of their background, race, or status. Another example would be a
judge, for instance, must ensure that a sentence is fair and aligns with legal guidelines while
also considering mitigating or aggravating factors. The second goal of the criminal justice
system is to control crime.
This means actively identifying, investigating, and responding to criminal behaviors. This not
only involves law enforcement, but also involves the courts and correction system, all working
together to enforce laws and deter crime through punishment. For example, police patrol in high
crime areas to deter criminal activity, but courts ensure that individuals found guilty of crime are
sentenced appropriately. Another way would be the swift apprehension and prosecution of serial
offenders to help prevent further harm to the community. The third goal is crime prevention.
Here, this focuses on stopping crime before it's happened by addressing its root causes and
implementing measures that reduce opportunities for offending. Prevention can include policies,
programs and community initiatives. For example, community programs that provide mentorship
and after school activities to at risk youth reduce the likelihood of engaging in crime. Another
example is crime prevention through environmental design or CPTED, such as improved street
lighting and surveillance cameras, which can also deter criminal activity in public spaces. In
summary, the criminal justice system aims to balance these three goals: Doing justice to ensure
fairness and accountability, controlling crime through identifying and punishing criminal behavior,
and preventing crime through the reduction of conditions and opportunities that lead to crime.
These goals are all interconnected, working together to protect society, uphold justice, and
ensure safety for all residents. Digging in a little bit more and to understand the criminal justice
system better, let's further define justice. At its core, justice represents the ideal of fairness and
moral equality. However, justice takes different forms depending on the context. So let's look at
3 key types of justice, social justice, civil justice, and criminal justice.
Social justice reflects society's highest personal and cultural ideals. It is rooted in fundamental
ideas of fairness and cultural beliefs about what is right versus what is wrong. Social justice
addresses broader societal issues like equality, access to opportunities, and basic human rights.
For example, efforts to reduce poverty, fight discrimination, or ensure equal access to education
are all parts of social justice. The second type is civil justice, which focuses on fairness in
relationships between individuals, businesses, and government agencies.
It often involves legal rights, obligations, and contracts. Civil justice ensures people and
organizations are treated equally and fairly in interactions like hiring practices, business
dealings, or government services. For example, if an employee is denied a promotion due to
racial discrimination, that's a civil justice issue. Similarly, a business not fulfilling its contract
could be taken to civil court to resolve the dispute. The 3rd type and likely most related to this
class is criminal justice, which focuses on the fair enforcement of the penal law and society's
response to crime.
It aligns with social justice by demanding fairness in how laws are applied and enforced.
Criminal justice involves apprehension and punishment of individuals who break the law, while
also protecting the rights of innocent individuals and victims. The criminal justice system
operates with 3 primary goals that reflects its commitment to fairness, accountability, and justice.
The first is to hold people accountable for their behaviors. One of the core goals of the system is
ensuring that individuals who break the law are held responsible for their actions.
Accountability means that offenders face appropriate consequences based on the nature and
severity of their offenses. For example, a person convicted of theft may be required to pay
restitution to their victim or complete community service while someone convicted of a violent
crime may face prison time. The second goal is to protect the rights of those who are in contact
with the criminal justice system. The system must uphold the legal and constitutional rights of
everyone it interacts with, including suspects, defendants, victims, and offenders. This reflects
the principle of due process, so ensuring fairness in preventing the abuse of power.
For example, a suspect that has a right to attorney, the right to remain silent, and protection
from unlawful searches and seizures. At the same time, victims have the right to be heard
during sentencing and to receive updates on case progress. 3rd is to treat like offenses alike,
but take relevant differences into account. Fairness means that similar crimes should receive
consistent treatment under the law. However, the system also recognizes that relevant factors
such as the offender's intent, their age, the impact of the crime, and other relevant information
should be considered.
For example, 2 people convicted of a theft might receive different sentences if one is a repeat
offender and the other is a first time offender. The system balances consistency with flexibility to
achieve fair outcomes. In summary, these goals, accountability, protection of rights, and fair
treatment, are fundamental to the criminal justice system ability to ensure justice for individuals
and society as a whole. In an effort to achieve goals, the criminal justice system operates under
2 competing models: the due process model and the crime control model. These models reflect
different philosophies about how to balance freedom, fairness, and crime prevention within the
system.
The Due Process Model prioritizes protecting individual freedoms and ensuring that criminal
justice decisions are based on reliable, accurate information. The Due Process Model
emphasizes the adversarial process, where the prosecution and defense present their cases
before a neutral judge or jury to determine guilt, non guilt or innocence. Under the Due Process
Model, there are several key principles. 1st is innocent till proven guilty. No one should be
deemed criminal or deprived of their freedoms unless guilt is proven beyond a reasonable
doubt.
2nd, is formal decision making procedures. These are essential to ensure fairness and prevent
wrongful convictions. For example, a person accused of a crime has the right to an attorney, the
right to remain silent and the right to a fair trial. These safeguards ensure accuracy and
protection against the misuse of power. The other side is the crime control model, which
assumes that repressing crime is the most important function of the criminal justice system.
This model emphasizes efficiency, speed, and finality in handling crime in cases related to
maintaining public order. According to Herbert Packard, the founder of the Due Process versus
Crime Control model, the crime control model operates like an assembly line. Cases move
quickly through the system with actors performing their tasks efficiently to reach the end
product, which is a closed case. Tools like plea bargaining help resolve cases swiftly without
lengthy trials. The underlying belief is that failing to control crime leads to public disorder and
ultimately the breakdown of human freedoms.
For example, police and prosecutors work together to quickly apprehend and convict offenders.
A plea bargain may be offered to avoid a lengthy trial and secure a conviction. There's also
several key differences between due process and crime control. So again, due process focuses
on accuracy and fairness to protect individual rights even if it means cases take longer to
process. Whereas, crime control focuses on efficiency and crime repression.
Prioritizing speed and public safety over procedural safeguards. Ultimately, these two models
represent attention within the system. Here we can question how do we balance protecting
individual freedoms while maintaining public order? The answer often depends on society's
values and perceptions of a crime at any given time. As we fluctuate and we shift back and forth
between, policies and laws that focus on the due process rights versus crime control models.
The criminal justice system plays a critical role as an institution of social order. To understand
this, let's first define what we mean by social order and its opposite, social disorder. So what is
social order? Social order refers to a condition where society operates smoothly. It's
characterized by social integration, so people connected ensuring common values, consensus
or general agreement about societal norms and expectations, and lacks of conflict, where
there's minimal interpersonal or institutional discord.
In a state of social order, people are on the same page. They follow laws, cooperate with one
another, and trust authorities to maintain peace and justice. For example, a functioning society
where individuals obey traffic laws, businesses operate fairly, and institutions like school, police,
and courts maintain stability. So what is social disorder, social disorganization? This arises when
there's disruption or a breakdown in the smooth functioning of a society.
This can occur due to social changes, such as rapid or large scale shifts in beliefs, technology,
or societal norms. It can be due to cultural conflict or uneven development of culture and values
within different groups. It can be the result of disharmony and maladaptation, where groups or
individuals fail to integrate and work effectively with one another. All of these can result in
conflict, not only between citizens, but also between people and institutions. The trust in
authorities diminish during times of social disorder and social norms can break down.
One example of this can be the time after Hurricane Katrina. Before hurricane Katrina, New
Orleans largely maintained social order, even with minor issues like petty crime or economic
inequality. After the disaster, however, social disorder skyrocketed due to large scale change
disruption. People resorted, people resorted to stealing and looting out of desperation for
survival. Individuals for, forged document to access aid.
Trusted institutions like FEMA and law enforcement eroded due to delayed responses and
perceived failures. This example highlights how the breakdown in societal norms and resources
can lead to widespread conflict, lawlessness, also known as an atomic state or anime, and a
lack of trust. In times of both stability and crisis, the criminal justice system plays a key role in
reinforcing norms and laws that maintain smooth functioning. They also play a role in
responding to disorder through law enforcement, the courts, and correctional systems. They're
also tasked with restoring trust by ensuring fairness and accountability and safety.
To sum this up, social order exists when there is integration, harmony, and consensus, whereas
disorder occurs during large scale disruptions, which oftentimes lead to conflict or mistrust. The
criminal justice system serves as a stabilizing force to maintain order, resolve conflicts, and
rebuild trust during times of unrest and disorder. The criminal justice system functions as a key
institution of social control within society. Social control refers to the ways individuals are
persuaded or influenced to abide by societal norms and values, ensuring stability and order. An
institution of social control is any organization or structure that encourages individuals to follow
dominant societal values and rules.
For example, institutions of social control include families, schools, religious organizations, and
the criminal justice system. In terms of informal social control, this, mostly happens informally
through interactions in everyday life. Institutions like families, schools, and religious
organizations shape behavior by teaching norms, values, and acceptable conduct. For example,
parents disciplining a child for bad behavior or a teacher enforcing classmate rules. Informal
social control works through influence, guidance, and socialization to prevent deviant behaviors.
The criminal justice system, on the other hand, represents formal social control, which is
different from informal mechanisms. The criminal justice system is typically seen as the last line
of defense when informal social controls have failed. Formal social controls involve structured,
legal responses to behaviors that violate laws or societal norms. An example is arrest,
prosecution, and incarceration as formal responses to criminal behavior. Unlike informal
systems, the criminal justice system uses legal authority to enforce rules and protect public
safety.
So what is crime? At its core, crime is defined as conduct that is in violation of the criminal laws
of the state, the federal government, or a local jurisdiction for which there's no legally acceptable
justification or excuse. So let's break this down a bit. So, violation of laws. Crime involves
behaviors that break the written laws established by a government, whether that's local, state, or
federal.
These laws define what society considers to be unacceptable or harmful conduct. For example,
stealing property, assaulting another person, or committing fraud all violate established laws.
2nd, there's no legally acceptable justification or excuse. A behavior is only considered criminal
if there's no valid legal defense or excuse for the action. In some cases, people may have a
justification such as self defense or an excuse such as insanity that exempts them from criminal
liability.
For example, if someone breaks into a home to rescue a child from a fire, the action may not be
considered criminal because there's a valid reason for this. We can think about crime, more
simply in which crime is when a person acts in a way that violates laws and they do not have a
legal justification or excuse for their behavior. Why does this matter? Defining crime is critical
because it sets the foundation for the criminal justice system's response. Laws reflect society's
values and violation of those laws require formal action to maintain order, protect the public and
ensure justice.
Therefore, crime involves breaking the laws and acting without a legally valid reason. It focuses
on the criminal justice system, which exists to respond to and prevent such behaviors. The
wedding cake model, which is developed by legal scholar Samuel Walker, is a useful way to
understand how the criminal justice system classifies and handles instances where laws have
been broken. It consists of 4 tiers with each layer representing a different type of case based on
the level of seriousness, publicity, and resources devoted to the case. The bottom layer is
misdemeanors.
This is the largest layer and represents, the least serious of crimes, often involving minor
offenses like petty theft, public intoxication, or traffic violations. Key characteristics include that
most cases don't go to trial. Play bargains are common, resulting in reduced sentences or fines,
and the max punishment for misdemeanors is usually less than 1 year in jail. For example, a
person caught shoplifting may face community service or probation rather than jail time. The
second layer are lower level felonies.
This layer includes crimes that are generally nonviolent and involve offenders with minimal or no
prior criminal history. Many of these cases are resolved through plea agreements. Sentences
often do not include significant incarceration time either. For example, a first time offender
charged with possession of a controlled substance may receive probation rather than prison
time. The third layer is more serious felonies, which typically are violent crimes such as
aggravated assault, robbery, or homicide.
Offenders have significant criminal histories in general within, this tier, and these cases are
more likely to go to trial if the offender pleads not guilty. Convictions here also often result in
prison sentences. For example, a repeat offender charged with armed robbery is likely to go to
trial and face a lengthy present sentence. The top tier are high profile cases or celebrated
cases. This top layer represents the smallest number of cases, but these cases receive the
most media attention.
They are often, involving well known individuals, significant penalties like life in prison or the
death penalty, or highly unusual circumstances. Examples of high profile cases include those of
O. J. Simpson, who was tried for the murder of his wife and her friend. He was acquitted after a
highly publicized trial, which the famous line, if the glove doesn't fit, you must acquit, is known
for.
Another example is Jodi Arias, who was convicted for the brutal murder of her boyfriend
involving multiple stab wounds, a gunshot, and a slit throat. One of the reasons she received
attention was for her often compared to Barbie good looks. Martha Stewart, initially involved in
an insider trading case but ultimately convicted of obstruction of justice and lying about stock
sales. Scott Peterson, on death row for the murder of his wife and unborn child. Michael Vick,
former NFL quarterback who plead guilty to charges related to dogfighting.
Steven Avery, the subject of making of a murderer. He was exonerated for a wrongful conviction
of rape, but later found guilty of first degree murder. Aaron Hernandez, who is an NFL player
found guilty of murdering Odin Lloyd. While awaiting charges, he took his own life in prison.
Lastly is Casey Anthony, who is acquitted in the highly publicized case of her daughter's death.
And, of course, Joe Exotic, who we all witnessed on Netflix. The wedding cake model illustrates
how cases are prioritized and processed within the criminal justice system. Again,
misdemeanors are at the bottom and represent a bulk amount of the cases with minimal
attention. Felonies in the second and third layer involve increasingly serious crimes and
consequences. The top layer are the high profile or celebrated cases that receive extensive
media coverage, resources, and public scrutiny.
This model helps us understand how the criminal justice system allocates its time, resources,
and attention based on the nature and severity of cases. As a review, the criminal justice system
operates as a step by step process in which sequential tasks are held by police, courts, and
corrections. Let's dive into each of these just a little bit and then we'll review them more as we
go through our different units. The first step is investigation in which law enforcement agents
gather evidence and information to recreate the crime and identify a suspect. For example,
detectives may interview witnesses, collect physical, evidence, or analyze surveillance footage.
Following this is a warrant. If police need to search specific places or seize people such as
make an arrest or seize items, they must obtain a warrant. A judge issues the warrant based on
probable cause, which the police present using the evidence gathered during the investigation.
Police are also responsible for arresting individuals. So this is quite literally seizing an individual
and taking them into custody, which limits their freedoms.
Before questioning or interrogation, police must inform individuals of their rights, which are to
remain silent, the right to an attorney, etcetera. The 4th step is booking. So after arrest, the
suspect is taken through the booking process where personal information is documented.
Things like photographs, fingerprints, and DNA samples are collected as well as details such as
tattoos, scars, or aliases are also noted. This formalizes the suspect's entry into the criminal
justice system.
The 5th step is the First Appearance and this is the introduction of the court system. Within 48
hours of arrest, the suspect must appear before a judge or a magistrate. During this time, the
charges are read, the suspect is advised of their rights and bail may be sent to allow for, release
while awaiting trial. Next is the preliminary hearing. And this is when a judge determines
whether there's enough evidence or probable cause for the case to proceed to trial.
If the evidence is insufficient, the charges may be dismissed. The 7th step is indictment. In
some cases, this is when a grand jury is convened. The grand jury reviews evidence presented
by the prosecutor and decides if there's enough evidence to indict or formally charge a suspect
and move forward with the trial. The 8th step is arraignment.
At the arraignment, the defendant is advised of the formal charges and their rights. They are
asked to enter a plea of guilty, not guilty or no contest, which is not admitting guilt, but accepting
the punishment. The 9th step is adjudication, and this is the process of determining guilt. This
can happen in one of 2 ways. Through a trial where evidence is presented and a judge or jury
determines guilt or non guilt or innocence, or through, plea bargaining where the defendant
pleads guilty in exchange for reduced sentence or charges and thereby avoids trial.
10th and also responsibility of the court system is sentencing. If the defendant is convicted or
pleads guilty, the judge issues a sentence based on the crime and the legal guidelines.
Sentencing options can include include jail or prison time, probation, fines, community service,
or several other types of intermediate sentences. 11th is corrections. Corrections refers to the
methods used to carry out a sentence.
This includes incarceration, so jail or prison, probation, which is supervised release in the
community without incarceration, parole, which is after a period of time has been served if
incarceration, or community service or other alternative programs. The last step is reentry, which
is also supervised by the correctional system. Here, after serving their sentence, offenders
reenter society through parole. Parole is early release from prison with conditions and
supervision to ensure successful reintegration. The criminal justice system, again, is a step by
step process involving all 3 branches, including police, courts, and corrections.
Each branch plays a critical role in ensuring justice, accountability, and public safety. This
process from investigation to reentry, highlights the complexity and interdependence of the
system. Now that we talked a little bit about the background of the criminal justice system, let's
talk about the flow of this course. First, we're gonna start with the foundations of the criminal
justice system, which we've started reviewing in this lecture. After this, we'll move into policing,
followed by courts, and then lastly, the correctional system.
In this course, you will learn and critically think about theories of crime and punishment, different
styles of policing, various challenges faced by criminal justice system agencies, court
processes, and the history and operations of correction correctional agencies. In this course,
you will take 14 quizzes, of which 12 will go towards your final grade, so 2 are dropped. Each
quiz is worth 3 points for a total of 36 points, which is worth 36% of your final grade. There's
also 5 exams, one of which will be dropped, resulting in 4 exams going towards your final grade.
Each exam is worth 13 points for a total of 52 points or 52% of your final grade.
Although you can work ahead in this class, there are due dates for, quizzes and exams, so
please make sure to pay close attention to Canvas as well as to the syllabus to make sure that
you don't miss any due dates. To do well in this class, make sure that you listen to and engage
in all posted lectures. Additionally, complete all the readings in the textbook and review these
readings before and after you listen to the lectures. Be prepare for quizzes and make sure you
take them and take them on time. Prepare for the exams and be sure you take them and take
them on time.
Utilize resources such as study guide, tutoring services, reach out to me and ask questions.
Before moving on to the next lecture, please review the syllabus and reach out with any
questions that you might have. Also, read chapter 1, chapters 2.1 to 2.2, and chapter 3.1 to 3.5.
Additionally, be sure that you take quiz 1. Again, please reach out with any questions that you
might have.
Thanks so much, and I hope you enjoy the rest of your day.