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Criminal Justice in America. INSTITUTION Constitutional Rights Foundation, Los Angeles, Calif DOCUMENT RESUME ED 238 766 SO 015 198 AUTHOR Croddy, Marshall; And Others TITLE Criminal Justice in America. INSTITUTION Constitutional Rights Foundation, Los Angeles, Calif. SPONS AGENCY Califorria State Dept. of Education, Sacramento.; Office of Juyenile Justice and Delinquent Prevention (Dept. of Justice), Washington, D.C. PUB DATE 83 GRANT 3-0045-8-CA-JN; 82-03648-X857 NOTE 216p.; Photographs may not reproduce clearly. AVAILABLE FROMConstitutional Rights Foundation, 1510 Cotner Ave., Los Angeles, CA 90025 ($6.95). PUB TYPE Guides - Classroom Use -7 Materials (For Learner) (051) EDRS PRICE MFO1 Plus rostage. PC Not Available from EDRS. DESCRIPTORS Constitutional Lew; Corectional Institutions; Courts;j*Crime; *Criminal Law; Criminals; Delinquency; Due Process; High Schools; Instructional Materials; *Justice; Juvenile Courts; Law Enforcement; Learning Activities; *Legal Education; Police; Police Community Relationship; Simulation; -Social Problems; Victims of Crime IDENTIFIERS *United States ABSTRACT An introduction-to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of I criminal procedure and, the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crimeon its ani legislation to aid victims. Chapter 2 focuses on the I police, the laws regulating them, and the public reaction to them. The entire process involved in a criminal court case is detailed in chapter 3, from arrest, bail, and initial hearing to trial procedure and verdict. Sentencing and correction facilities are discussed in chapter 4. Chapter 5 provides an overview of the juvenile justice system, examining the problems of delinquency and juvenile corrections. The final chapter examines the causes of crime as well as both government- and citizen-generated responses to the problem. In each chapter, a brief introductory example precedes a selection of readings, case studies, studept simulations, discussion guides and exercises. The text concludes with a section of answer keys to chapter exercises. (LP) *************************************+*****i*************************** * Reproductions supplied by EDRS are the best thai can be made * * from the original document. * ************2********************************************************** CRIMINAL JUSTICE IN AMERICA I 1 ELF Developed by Marshall Croddy Todd Clerk Ted Engler 1 CO Caritun Martz 14\ U.S. DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EOUCATION EDUCATIONAL RESOURCES INFORMATION CENTER fERICI C.1 Trt-s zrOGun,,n/aL been 41odueed as 1-t-i .eCe ted fre+n the pe-SO4 Grsonautro Nano 4 Mow thanget rave teett made to "vote mOred4100 (LJet.T4 . _ '40 rtl 'A ea 00 '1VS 'fated.. 'S,S /Teri ttnot necesLatemewit el rilE 's PERMISSION TO REPRODUCETHIS MATERIAL INMICROFICHE ONLY HAS BEEN GRANTED BY COKO./ C-AUL/4rgm4s owldecHo TO THE EDUCATIONALRESOURCES INFORMATION CENTER (ERIC) Constitutional Plights Foundation _ D Hogoboorn President Co,rstitutional Rights COUnd01,01) Board of Directors Jerome C Byrne Chairman. Constitutional Rights Foundation Publications Committee Writers Sandy Kanengiser detsy Salzman Coral Suter Charles Tfernci-2r Principal Staff and Reviewers Vivian Monroe Executive Director Kathleen Stewart. Associate 'Education Director Carolyn Pereira, Executive Director. Chicago Protect Subject Matter Consultants Rtchard Chryshe. Deputy District Atto;ney, Los Angeles County Star French Deputy P-obation Officer, Los Angeles County Julia Rider Luce Forward. Hill Jeffet & Mange's Richard Smionian. Superintendent C K Wakefield School Fresno County Probation Department Lloyd Smith. CRF Publications Committee Captain Robert Taylor Commanding Officer. Juvenile Division Los Angeles Police Depanment Daniel H Wtlltck. tvIcKenna Corner & Cuneo Production J Bradford Carlton Editorial Assistant Robert Shaw. Design Mondo Typo Typesetting Navigator Press Printing srt Los Angeles Office 1510 Cotner Avenue Los Angeles CA 90025 213 473 5091 Chicago Office 122 So Mirhigan Lo,e *1854 Chicago IL 60603 213 863 9057 The devetiornent of these materials vas financally ass4,3ted through the California State Department of Education Program =92 -13643 -X857 and the United States Office of Juvenile Justice and Delinquency Preventitin. Grant *3-0045-6-CA=JH *Los Angeles 1983 r Profess Criminal procedures are also designed to No matter who yurr are. crime has an protect a defendant from being falsely accused or impact on your life. As a student, your a .-hoel convicted of a crime. The Constitution of the might be vandalized or yOur InGkef broken into. United States requires "due process of law,- Statistieally. chances are very good that some safety from 'unreasonable search and seizures," tiM. :3 your Me psi. will be a victim of crime in and forbids %mid and unusual punishment: one of its many forms. Asa future teapoyer, lieu These, and many other Constitutional provisions, will be forced to contribute money in the fight have dons muct to form and shlape our criminal against crime or to repah the damage it does. As procedure. a votes, you will be asked to choose candidates Other factors also come to bear. Rules of based in led, at least, on their views about solo Goan attempt to assure an orderly and consistent tions tocrime. Everyone agrees that crime is a decision-making process. Rules of evidence are serious problem. Few agree about its causes designed to ensure that the facts of the case are or solutions. relevant, accurate and not overly prejudicial. e. Although the debate over ties Louses and There are also rules of conduct of judges, lawyers solutions to crime will probably never end, society and juries. has evolved methods and systems for 1 ealing Like criminal law. criminal procedure is with the problem of crime on a daily basis. Essen- ever changing_ Legislators enact new lews, judges tial to an understanding of criminal Justice are and courts adopt new rules, and the Supreme two areas of jurisprudence. These are called Court interprets and applies the Constitution. criminal &wand criminal procedure- Chminal Justice Cerninal Law As ecru will have guessed by now, this The focus of criminal law is defining crime book will have a lot to do with criminal law and itself. That is, for what conduct or behavior does procedure. They are important parts of criminal our society punish people' After at if society had justice. Yet, there is much, much more to con- no standards for human behavior, we would not sider. Criminal justice also involves people, insti- have any crime, let alone a crime problem. tutions and important societal issues. Perhaps Today, our criminal law is contained in a even more importantly, it raises vital questions in wide array of statutes and ordinances enacted ny each of us about !airress, security and rights .n a federal,- state, county end municipal government. free society. Each law must clearly spell out the ingredients of As you read and:study the selections in the crime in question acid the punishment which this book you ss.II meettthe people who investi- w'll befall those who break it. gate crime and enforce-bur laws. You will learn The process of defining and applying crim- about the role of judges and courts and their inal law never stops. Legislatures repeal out-of struggle to protect individual rights and deter= 1 date laws, modify existing laws, and enact new Mine guilt or innocence atthe same time. You will ones. Criminal trial courts must interpret the see the darker side of the criminal justice system, I meaning of various laws and apply them to a and find out how Society deals with people after particular factual case. Criminal appeal courts they have been found guilty "beeond a reasonable I eheca the decisions of the trial courts and set pre- doubt." You will visit prisons and prisoners, I cedents for other trial eourts to follow. In this guards and parole officers. and in doing so dis- way the body of criminal law keeps changing. cover the problems tirey face on a daily basis. 1 Beyond criminal law sad procedure end 1 ,=.11n-)in,i1 Pt c;r7i.rui e the system which investigates, apprejlenos end Once the police or other law enforcement punishes law breakers, you will study crime itself. I group begins iocusing on the commission of a Social scientists who take this role are celled particular crime, criminal procedure COMBS into w-infinologists. They try to find answers to some 1 1 play. It is eoneerned with the steps taken and vers- difficult questions. Why do people become decisions made in the investigation, tiCOUSatiOn, criminals? How serious is our :rime problem? trial. verdict and sentencing of a criminal defend- How can cri ne be reduced? Although you wont I M ant. It is the process by which we decide the Fir a professional criminologist after studying this I what, whet?, where, how and who qeestioss of material, you will have a much better understand- I criminal juilice- ing about some of the important Woe of criminal r justice. Contents 0 N E Orhne 7 Introduction 8 Crime and its Victims 25Who Are the Criminals 32 Crimes and Defenses , .6 Ponce 43Introduction 45Police ani Society 55Police and the Law 66The Limits of Police Authority T H R E E he Orinahtel Seise 73 Introduction :- 79Arrest 82 First Appearance Before-I-Judicial Officer 83 The Question of Bail 85 Prosecutorial Review 89 Probable Cause Hearing 89Arraiiinment 91 - Trial ProTedures 96Jury Selection 101 "The Evidence Will Show" (Examine- . tion of Witnesses) 110 "The Defense Rests" (Closing Statements) 112instructing the Jury 114Verdict! t 0 Corrections 117Introduction 119Corrections and Society 128Alternatives to Prison 137The Problem of Prisons 145Figal Questions V E Juvenile Justice 153Introduction 155From Criminal to Delinquent 162The Problem of Delinquency 66Children and the Constitution 170Juvenile Corrections S I X Solutions 183Introduction 185The Causes of Crime 189Crime and the GovernMent I 199Crime and the Citizen 212A Conclusion on Crime A N S W E R S 214' 1 EE 0 tp 1' Friday evening, 900 PM...
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