Why do we have criminal justice

1
Why do we have criminal justice???

• Dr. Matt Robinson
• CJ 3532
• Injustice in America
• Appalachian State University

2
Goals of criminal justice network? (CJN)

• Why do we have a criminal justice network?
• No official source to consult
• The closest we can come is to enforce the
  standards of conduct necessary to protect
  individuals and the community
  
• (1967 report by the Presidents Commission on Law
  Enforcement and Administration of Justice)

3
Goals of criminal justice network?

• CJ scholars agree goals of criminal justice are
  to
  
• 1) Reduce crime
• 2) Do justice

4
Reducing crime

• How does CJN reduce crime?
• Crime control reactive (after the crime)
• Crime prevention proactive (before the crime)

5
Reducing crime

• Most criminal justice activity is crime control
  not crime prevention
  
• crime control is how we fight crime (and drugs,
  terrorism, etc.)
  
• Arrests, convictions, punishment
• see typical criminal justice process in text
  (pp. 7-12)

6
Criminal Justice Process
7
Doing justice

• What does it mean to DO JUSTICE?
• 1) Be fair, impartial, unbiased (protect
  Constitutional rights)
  
• (justice as a process, procedural justice)
• 2) Catch, convict, punish the guilty (protect
  people from harm)
  
• (justice as an outcome, corrective justice)

8
Doing justice
9
Doing justice

• It is difficult to be good at providing both
  forms of justice
  
• Emphasize justice as an outcome less fairness,
  less concern with Constitutional rights
  
• Emphasize justice as a process less punishment
  of criminals
  
• Our emphasis shifts back and forth over time

10
A Constant Battle
Justice as a process
Justice as an outcome
11
Doing justice

• Which form of justice is more important to you?
• Justice as a process?
• Justice as an outcome?
• see Due Process versus Crime Control models
  in text (pp. 17-20)

12
Doing justice
13
Something to think about (p. 20)

• Sometimes, ensuring that all individuals rights
  are protected means that guilty people will go
  free getting all the bad guys means that some
  good guys may get caught up in criminal justice
  processes, too
• Ask yourself, Which would be worse being
  confronted by a criminal who was wrongly freed or
  being wrongfully accused of a crime by your own
  government?
• In which situation would you be more likely to
  win?