Download Introduction to Criminal Justice: Balancing Guilt, Truth, and Fairness - Prof. Julie A. Yu and more Exams Criminal Justice in PDF only on Docsity! CJ 101 Justice and Society Chapter 1 Chapter 1 – Introduction The Alton Logan case Accused of murder (in a robbery attempt) “Confessed” to the murder Logan claimed that the “confession” was coerced Jury found Logan guilty Released when attorneys came forward with confession from Andrew Wilson, who admitted to the murder but was protected by attorney- client privilege Chapter 1 – Introduction Legal positivism Law is formal, objective and self contained Common rules of law can be found in all societies in all places and at all times Legal realism Law as a social process, not just an historical fact Result of history, politics and interpretation Results from (judge’s) personality, experience and values Chapter 1 – Introduction Consensus Model The majority of citizens in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed harmful to society Homicide vs. Murder Death penalty? War? Assisted suicide or euthanasia? Chapter 1 – Introduction Conflict Model The content of criminal law is determined by the groups that hold economic, political and social power in a community Street crimes vs. white collar crimes? Sentencing guidelines for crack cocaine vs. powder cocaine? Chapter 1 – Introduction Procedural Law – describes how law will be enforced Police, courts, all of CJ system Deviance vs. crime Crime is not static, but evolves over time in response to changes in: Societal norms Technology On-going events (local, national, global) Chapter 1 – Introduction Crime Control Model Protects the rights of society Deter crime Incapacitate criminals Increased police, penalties and prisons Harsher penalties, longer sentences Criminal are responsible for their crimes Due Process Model Protects the rights of the individual Rehabilitate criminals Equal treatment Protect constitutional rights and civil rights Limit police power Abolish death penalty Criminal behavior is due to social and biological factors Chapter 1 – Introduction Crime Control or Due Process? Miranda Rights Fruit of the Poisonous Tree Good Faith Exception DUI Roadblocks Pre-textual traffic stops “Plain smell” exception Public defender assignment Metal detectors at high schools Chapter 1 – Introduction The “Wedding Cake” Model of Criminal Justice (Samuel Walker) Top layer “Celebrity” cases Second layer “High Profile” felonies Third layer “Ordinary” felonies Fourth layer Misdemeanors Chapter 1 – Introduction The Informal Criminal Justice process: What is “discretion”? Who has the ability to use discretion and how? What things may influence the use of discretion? What issues arise with the use of discretion? What parts of this introduction to the CJ system interest YOU the most?
