JUSTICE

The principle of fairness: the idea of moral equality. Criminal Justice Today

The proper ordering of things and persons within a society. Wikipedia

the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. Merriam-Webster

Crime

conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally accepted justification or excuse.

MEDIEVAL JUSTICE

Policing and crime prevention was trusted to the people.

Exile - banishment Public humiliation Capital punishment only for the most

heinous crimes.

Criminal Justice History

Terrorism on American soil is of central concern today.

9/11/01

3 things to remember about 9/11

1. 9/11 attacks were an act of war against the U.S.

2. The objective was to re-establish a conservative Islamic government called Caliphate.

3. Terrorism is a tactic to wage this war. It is hard to fight. It is used against enemies with a lot of fighting power.

-Lawrence Husick, Senior Fellow in the Foreign Policy Research Institute's Center on Terrorism and Counter-Terrorism

9/11/01

One week later, the Bush adminstration submitted the Patriot Act.

6 weeks later it was passed with a few changes but with no debate.

At the time, President Bush’s approval rating is 90%

Patriot Act

Allowed pen register and trap and trace on the Internet without a showing of probable cause if the information is relevant to terrorist investigations.

Obtain search warrants for e-mail and voicemail communications, and the ability to access personal records and information without any proof that an individual has committed a crime.

Individual Rights

Rights guaranteed to all members of American Society by the U.S. Constitution.

Found in the first Ten Amendments to the Constitution called the ______________.

Important to criminal defendants Weighed against public-order in issues of

criminal justice.

PUBLIC ORDER

In circumstances involving crime, the interests of society should take precedence over individual rights.

“At what point does the cost to civil liberties from legislation designed to prevent terrorism [and crime] outweigh the added security that the legislation provides?” Sandra Day O’Connor.

USA Patriot Act???

Sometimes personal rights must be given up in order to protect people from those who could be a danger to all of us.

It's better to be safe than sorry when it comes to fighting terrorism.

The government should have the right to investigate to the fullest extent any suspicious person and their activities.

Civil Liberties have been granted in the Constitution's Bill of Rights and should be preserved, no matter what.

Criminal Justice System

Includes three main components:– Cops– Courts– Corrections

Each component contains many subcomponents

DUE PROCESS Concept of Fairness and Equity Guaranteed by the Fifth, Sixth and Fourteenth

Amendments. Fifth Amendment: “No person shall be…deprived

of life, liberty or property without the due process of law. 14th →States

Everyone is entitled to their day in court. Due process requires notice and an opportunity to

be heard. The type of case dictates the amount of due

process required.

CONSTITUTIONAL AMENDMENTS

4th Amendment – prohibits unreasonable searches and seizures

5th Amendment – bars double jeopardy and right against self-incrimination

CONSTITUTIONAL AMENDMENTS

6th Amendment – 1. Right to jury trial, 2. Right to speedy trial, 3. Right to public trial4. Right to confront witnesses, 5. Right to subpoena witnesses, 6. Right to assistance of counsel in felony cases7. Right to assistance of counsel in misdemeanor

cases in which a prison term can be imposed.

CONSTITUTIONAL AMENDMENTS

8th Amendment

–Right against cruel and unusual punishment.

Constitutional Amendments

5th , 6th and 14th Due Process Clause