CCJS100Textbook-Chapter1.pdf

1: Crime, Criminal Justice, and

Criminology

Learning Objectives

This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a

broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States

create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be

able to:

• Understand the differences between deviance, rule violations, and criminality

• Explain the differences between the interactionist, consensus, and conflict views in the creation of

laws

• Identify the three components of the criminal justice system

• Discuss the differences between crime control and due process model, and application examples to

each

• Describe the wedding cake model theory and application examples to each tier

• Briefly explain the role of the media and how media may spread myths in society

• Briefly understand the unique role of victims in the criminal justice process

Background Knowledge Probe: The goal here is to assess current knowledge about the criminal
justice system at the start of the course. Each of these topics is covered throughout the course, and they will

often be a controversial topic and topic for debate.

You will indicate whether you know each statement to be True or False, but there is no right or wrong

answer since it is just to assess your background knowledge.

1. Blacks commit more crime than any other racial group.

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2. The United States has the lowest recidivism rates in the world (return to prison).

3. The death penalty is cheaper than life imprisonment.

4. Politicians shape our thoughts on crime, even if they are inaccurate.

5. Children are most likely to be killed by a stranger.

6. A stranger is most likely to physically harm you.

7. White-collar crime costs our country more every year than street-crime.

8. Juveniles are more violent today than ever before.

9. Immigrants commit more crime than native-born people.

10. Violent crime has risen in the United States over the last 20 years.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

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1.1. Crime and the Criminal Justice System

SHANELL SANCHEZ

Theft as a Child

The first lesson in crime and criminality I remember was when I was in second grade and stole something from

a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but

then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I

did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or

shame, I told my grandma what I did.

Think about a time in your life that you may have done something similar. Was this first lesson in crime and

criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they teach you that what

you did was a crime and, hopefully, how to correct this wrong at a young age?

You were probably punished, and they may have consisted of helping out with more chores or losing your

allowance to pay back what you stole.

Imagine all the questions you may have for your parents at the moment: Why was it wrong? What would happen

to me if I did not tell you? What is a crime? Who decides what makes a crime? What happens to me if I commit a

crime and get caught? What is my punishment? Why was it wrong when there were so many polishes there?

Further, I had to help out around the house for the weekend. In exchange for all this, she did not tell my dad

because she knew her punishment was sufficient and to tell him may be excessive. She took a balanced approach to

punishment and I think this is why it was so effective. It was not too strict, it was hard to complete, and I had to

think about what I did.

Most criminologists define crime as the violation of the laws of a society by a person or a group of
people who are subject to the laws of that society (citizens). Thus, crime as defined by the State or Federal

government. Essentially, crime is what the law states and a violation of the law, stated in the statue, would

make actions criminal.
1

1. Lynch, M., Stretesky, P., Long, M. (2015). Defining crime: A critique of the concept and its implication. Palgrave Macmillan: US.

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For example, if someone murdered another individual in the process of stealing their automobile most

people would see this as a criminal and a straight-forward example of crime. We often see murder and

robbery as wrong and harms society, as well as social . However, there are times crime is not as straight-

forward though and people may hesitate to call it criminal. The community I live in, and many others

throughout the area, post signs that it is illegal to give food and other items to homeless individuals in need.

If one were to violate this law and give food to a homeless person it would not involve harm to individuals,

but the social .

Adele MacLean joined others in an Atlanta park to feed the hungry the Sunday before Thanksgiving and

was given a citation and a summons to appear in court. Ultimately, MacLean’s case was dropped when she

showed up in court, but she and her lawyers argued the citation for serving food without a permit was

improper and demonstrates callousness toward the homeless. The city and some advocates say feeding people

on the streets can hinder long-term solutions and raises sanitation concerns.
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Approximately 40 cities across

the nation have active laws to restrict food sharing, and a few dozen more had attempted such restrictions,

according to the National Coalition for the Homeless.
3

We will talk later about how we may create laws based on what can cause harm. Harm can be to the social ,

physical, economic, social, emotional, environmental, and more. In to ensure that people receive justice in

today’s society, we use the criminal justice system to administer punishment or reward, and those crimes are often

punished based on morals and norms.

The criminal justice system is a major social institution that is tasked with controlling crime in various ways.
Police are often tasked with detecting crime and detaining individuals, courts often adjudicate and hand down

punishments, and the correction system implements punishments and/or rehabilitative efforts for people who have

been found guilty of breaking the law.

Criminal Justice Process
When the law is broken, the criminal justice system must respond in an attempt to make society whole

again. The criminal justice system is made up of various agencies at different levels of government that

can work independently and together, but each attempting to deal with crime. Challenges may arise

when agencies do not work together or attempt to work together inefficiently. The notorious serial killer

Ted Bundy was an example of U.S. law enforcement agencies not working together because of lack of

technological advancement to freely exchange information and resources about killings in their area. Bundy

exploited gaps in the traditional law enforcement, investigative processes throughout different jurisdictions,

and ultimately was able to avoid arrest and detection. If various agencies at the Federal, State, and Local law

enforcement level had worked together they could have potentially stopped Ted Bundy sooner. Following

Ted Bundy, a Multi-agency Investigative Team manual, also known as the MAIT Taskforce, was created

through the National Institute of Justice to develop information about the crime, it causes and how to control

it https://www.ncjrs.gov/pdffiles1/Digitization/110826NCJRS.pdf. One of the values of the United States is

that local agencies will control their local community, but at times this may create unexpected complications.

Working Together?

2. Brumback, K. (2017). Cities, volunteers clash over feeding homeless in public. Associated Press. https://www.seattletimes.com/nation-
world/cities-volunteers-clash-over-feeding-homeless-in-public/

3. National Coalition for the Homeless. (2018).

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

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You are to create an argument for or against law enforcement agencies working together. Some countries have

national police forces, whereas we do not. Be prepared to defend your position in the class.

Although agencies may operate differently, the way cases move through the criminal justice system is

consistent. The first step after getting caught stealing something from a store is involvement with police

when law enforcement is called. The next step in the process is to proceed through the court system to

determine guilt or innocence. If you are found guilty then you will receive a sentence that will be carried

out in the next step. After conviction, you move to the correctional system for formal punishment and/or

treatments as determined by the courts. An individual may not go through the entire process and criminal

justice officials decide whether the case should continue on to the next stage. Perhaps the officer decides not

to cite you and your contact ends there. However, it may be the district attorney (DA) that decides to drop

your case before it even goes to trial. Regardless, the process is typically cops, courts, and then corrections.

We will explore each of these in greater detail later on.

News Box: In 2016, more people were arrested for marijuana possession than for all crimes the FBI
classifies as violent.

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Overall in 2016, roughly 1.5 million people were arrested for drug-related offenses, up

slightly year-over-year
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Marijuana enforcement and criminalization goes to the heart of some of the most

pressing issues facing the criminal justice system, policymakers, citizens, and the world. Is criminalizing

drug use effective, especially for marijuana? Is spending money on enforcing drug laws, prosecuting drug

crimes, and punishing drug offenders effective? The United States has taken a get-tough approach towards

the War on Drugs, created mandatory minimum sentences, and punished people in large numbers but is it

effective?

4. https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/topic-pages/tables/table-18
5. Ingraham, C. (2017). More people were arrested last year over pot than for murder, rape, aggravated assault, and robbery —

combined. The Washington Post. https://www.washingtonpost.com/news/wonk/wp/2017/09/26/more-people-were-arrested-last-year-
over-pot-than-for-murder-rape-aggravated-assault-and-robbery-combined/?noredirect=on&utm_term=.62735d3474ea

Introduction to the American Criminal Justice System

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1.2. Deviance, Rule Violations, and Criminality

SHANELL SANCHEZ

Nude Ultimate Frisbee

Imagine you recently moved to Oregon for work from Georgia after graduating college and hope to make new

friends. Georgia has been your home forever, so Oregon is entirely new. Then one day at the dog park you run

into a guy that seems like someone you would like to hang out with and he tells you to come out and play ultimate

frisbee this weekend. You decide to take the leap and meet new people, play a new sport, and have some fun.

You arrive on the field, but notice something that stands out as different to you and wonders ‘is this allowed

in Oregon?’ Some women and men are naked, some fully and some just certain parts exposed, but no one seems

uncomfortable. You look around at the topless players, all adults, and wonder if this is the wrong place. Other

people in costume walk around like Unicorns, Mario, Rainbow Brite, among others. Suddenly, thoughts start

racing through your mind: “Why are people dressed strangely? Is it legal to be nude in public in the state of

Oregon? Why does no one seem to mind? Can I keep my clothes on? What will my family in Georgia think?

Should I just go back to my apartment now?”

Suddenly, the guy from the dog park runs up and tells you to come on over so he can introduce you to the

team. Situations like this are often examples we use in the college classroom to demonstrate the difference between

deviance, rule violations, and criminal violations. Sometimes there are times that behaviors that appear to be deviant

are not illegal, but other times behaviors that are illegal are not deviant.

Just about everyone in society has done something that someone else would disagree with and see as deviant.

For example, I recently wore clothes to the gym that were out of style but how did I know they were out of

style? Well, easy! The reaction of others to my lack of style in the gym was clear that it is no longer cool to

wear knee-high socks with athletic shorts to the gym.

Another time I was at Thanksgiving dinner with my family and I expressed open support for a politician

that no one else in the family supported. Their reactions to my support of him made it evident that I

was the deviant one that was not going along with the typical political views expected in my reasonably

conservative, Republican family.

Alternatively, perhaps I am deviant when I tell you my favorite show on television is, and always will

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“Facial Tattoos and Piercings”

be, the Golden Girls, which seems odd for someone in their early thirties. Perhaps someone thinks it is

utter nonsense and ‘crazy’ wasting my time watching such shows. These are just a few examples where my

behavior, thoughts, actions, or beliefs may be different from those around me.

From a sociological perspective, social norms are all around us and are accepted norms and behaviors

that defined within a specific group. The group you are in can change, which would mean the norms and

behaviors that are acceptable at any given time may change.
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Deviance is behavior that departs from the social norm. Goode argues
that four things must happen in for something deviant to take place

or exist:

1) a rule or norm must be established; 2) someone has to violate that

rule or norm; 3) there must be an audience or someone, that witnesses

the act and judges it to be wrong; 4) and there is likely going to be a

negative reaction from that audience that can come in many forms (i.e.,

criticism, disapproval, punishment, and more).

To commit an act of deviance one does not need to violate a

dangerous norm, and not all acts that are deviant are criminal. Not all

criminal acts are deviant either. Deviance falls on a spectrum that can

range from really deviant to not so deviant but remember it is dependent

on the audience. Think back to the previous comment about the show

Golden Girls. My grandma would not find that as deviant as my husband

does because we grew up watching it together. We spent many hours on

the couch laughing away at the silliness of it all, so we would both agree

it is a beautiful show.
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Applying Knowledge

Assignment: Apply Goode’s definition of what needs to happen in for something to be considered deviant
in no less than 500 words and following the example below.

Example: The awkward outfit to the gym: knee socks, athletic shorts, and an oversized Broncos t-shirt
mentioned above could be deviant. Based on Goode’s definition of deviance, this attire departed from the social

norm at the gym in 2018. Whether we realize it or not some specific rules or norms established in the gym (1);

sometimes we have a dress code, but other times, you have to keep up with current ‘hip trends’ such as yoga pants

for women in 2018. Next, I violated that norm by my attire (2); since it was a busy Monday night lots of people

saw my attire, my audience, that was able to witness my act and then judge it (3). Lastly, they cannot kick me out

for not dressing cool, but the awkward smirks, stares, and giggles were all I needed to know that my clothes were

deviant and not cool (4). This could certainly have not been true in 1950, 1980, or even early 2000s. If I think back

to when I started lifting over a decade ago, yoga pants were unheard of and no one wore anything ‘tight’ to the

gym. Today yoga pants are regular and in some parts of the country for women and men.

1. By Tuerto – [1], CC by-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=26526042
2. Goode, E. (2015). Deviant Behavior, (10th ed.). New York: Pearson, Education.

Introduction to the American Criminal Justice System

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1.3. Social Norms: Folkways, Mores, Taboo, and Laws

SHANELL SANCHEZ

Social Control Exercise

Assignment: We rely on informal social control to influence people’s behavior, such as giving the stink eye, cold
shoulder, or correcting someone’s behavior in to ensure people conform. Think about a time when a parent,

guardian, coach, employer, or teacher (agents of social control) used informal social control to respond to your

behavior. What did the agent of informal social control do? Provide an example when informal social control was

applied to another person. What were they doing and how was their behavior controlled through informal social

control?

Example: Talking on the phone with a work-related matter and kids start bickering over slime. I am unable to
put the phone down, so I relied on hand motions to show them it was unacceptable. There was no need to hang up

or say anything at all. The eye actions indicated they were acting inappropriate and their behavior changed.

Norms can be internalized, which would make an individual conform without external rewards or

punishments. There are four types of social norms that can help inform people about behavior that is

considered acceptable: folkways, mores, taboos, and law. Further, social norms can vary across time, cultures,

place, and even sub-group.
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Think back to your first experiences in school and surely you can identify some folkways and mores

learned. Folkways are behaviors that are learned and shared by a social group that we often refer to as
“customs” in a group that are not morally significant, but they can be important for social acceptance.

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Each

group can develop different customs, but there can be customs that embraced at a larger, societal level.

1. Goode, E. (2015). Deviant Behavior, (10th ed.). New York: Pearson, Education.
2. Augustyn, A., Bauer, P., Duignan, B., Eldridge, A., Gregersen, E., Luebbering, J.E., etc…, (N.D.). Folkway, Encyclopedia Britannica.

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Folkway Example

Imagine sitting in the college classroom with sixty other people around. As a professor who teaches early morning

classes, it is always encouraged to eat if hungry. However, everyone must be considerate of those around them.

You should not chew loudly. That would be considered rude, and it is against class ‘customs’ to do so. To make it

worse, imagine burping without saying ‘excuse me.’ These would be folkway violations. Remember, this may not

be disrespectful in all cultures, and it is very subjective.

Perhaps stricter than folkways are more because they can lead to a violation of what we view as moral

and ethical behavior. Mores are norms of morality, or right and wrong, and if you break one it is often
considered offensive to most people of a culture.

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Sometimes a more violation can also be illegal, but other

times it can just be offensive. If a more is not written down in legislation, it cannot get sanctioned by the

criminal justice system. Other times it can be both illegal and morally wrong.

More Example

If one attended a funeral for a family member, no one would expect to see someone in bright pink clothes or

a bikini. Most people are encouraged to wear black clothing out of respect. Although there may not be specific

rules or laws that state expected attire to wear to a funeral, it would be against what most of American society

views as right and wrong to attend a funeral in a bikini or be in hot pink leotards. It would be disrespectful to the

individual people are mourning. Both mores and folkways are taught through socialization with various sources:

family, friends, peers, schools, and more.

A taboo goes a step farther and is a very negative norm that should not get violated because people will be
upset. Additionally, one may get excluded from the group or society. The nature and the degree of the taboo

are in the mores.
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Taboo Example

A student once gave the example of a man in their neighborhood in Colorado that had multiple wives and

also had ten different children from the women. In most of American culture, it is seen as unacceptable to have

more than one spouse/partner. However, there are instances where having children with multiple people would

not be seen as taboo. Specifically, if a man or woman remarries and then has another child with their new partner.

However, again, this is more acceptable today than in the past because of the greater societal acceptance of divorce

and remarriage.

3. Sumner, W. (1906). Folkways.
4. Sumner, W. (1906). Folkways.

Introduction to the American Criminal Justice System

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If one is religious think of something taboo in that specific religion? How about a sports team in college? Band?

Any ideas?

Lastly, and most important to the study of crime and criminal justice, our laws. Remember, a social norm is

an obligation to society that can lead to sanctions if one violates them. Therefore, laws are social norms that
have become formally inscribed at the state or federal level and can laws can result in formal punishment for

violations, such as fines, incarceration, or even death. Laws are a form of social control that outlines rules,

habits, and customs a society uses to enforce conformity to its norms.

Law Example

Let us go back to our example of having multiple wives for a moment. It is illegal, a violation of law, to have

multiple wives in American culture. It has not always been this way, and it is not true in every country, but in the

United States, it was viewed as so taboo, morally and ethically wrong, that there are laws that can punish people

for marrying more than one person at a time. However, there may be some people that do not think it is wrong or

some groups, but regardless, it is still illegal.

The following link is for Oregon statue ORS 163.515 Bigamy https://www.oregonlaws.org/ors/163.515

Remember our previous discussion on being the new person to Oregon and trying to figure out if it is

allowed to be nude at an ultimate frisbee practice, but they do not feel morally or ethically wrong. The first

thing one may do is go home and look up some rules and see if they are violating ultimate frisbee rules.

Next, one may check out Oregon laws governing clothing to see if they are violating laws by being nude.

In the end, one finds out that it is not ‘illegal,’ so you cannot call the cops, but you certainly did find a case

in Eugene, Oregon that determined not wearing clothes can be a violation of rules on the college campus.

https://www.oregonlive.com/news/index.ssf/2009/04/uo_board_says_no_clothes_no_ul.html

However, this is a recreational league, and it does not appear to have any formal rules established. Now one

has to make a decision that is hard: Does one want to be part of a subculture that endorses nudity? Does this

go against one’s morals and ethics? Alternatively, is one willing to be part of the team and encourage

acceptance of a new norm? The criminal justice system cannot act for merely violating norms, but at times,

what feels like a norm can lead to criminal justice involvement. For example, walk a town or city, and

many may be found jaywalking because it may be safer, faster, or more accessible. A person can get a ticket

for it in most communities because it is technically violating a law. That is the thing with the line between

deviance, rule violations, and criminality—it does not allow mean we agree. There are many examples of

laws that are not deviant and things that are deviant some subcultures may wish to be illegal. Most, but not

all crimes are deviant, and not all deviant acts are criminal. The question then becomes: well, how then do

we as a society decide who does and does not have the opportunity to make law?

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

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Jaywalking

Adam Ruins Everything: Why Jaywalking is a Crime? https://www.trutv.com/shows/adam-ruins-
everything/videos/why-jaywalking-is-a-crime.html

Introduction to the American Criminal Justice System

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1.4. Interactionist View

SHANELL SANCHEZ

Tattoos at Work

An article by Forbes in 2015, encourages employers to revisit their dress code expectations, with a specific

suggestion on lifting the ‘tattoo taboo.’ The article argues “allowing employees to maintain their style or grooming

allows your company to project how genuine you are as a brand to employees and to the customers they support.”

So, instead of suggesting tattoos are taboo in the workforce to employees, according to the article, one can

encourage people to ‘project who they are’ by accepting tattoos and ultimately, improve your business. This

example demonstrates how societal changes in how deviance can change through time and space.

Read the Forbes article to learn more about this discussion:

https://www.forbes.com/sites/micahsolomon/2015/01/12/how-rethinking-employee-dress-codes-tattoos-and-

piercings-improves-customer-service-and-the-customer-experience/#7b923ad54312

Typically, in our society, a deviant act becomes a criminal act that can be prohibited and punished under

criminal law when a crime is deemed socially harmful or dangerous to society.
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In criminology, we often cover a wide array of harms that can include economic, physical, emotional,

social, and environmental. The critical thing to note is that we do not want to create laws against everything

in society, so we must draw a line between what we consider deviant and unusual verse dangerous and

criminal. For example, some people do not support tattoos and would argue they are deviant, but it would be

challenging to suggest they are dangerous to individuals and society. However, thirty years ago, it may have

been acceptable to put into dress code, rules guiding our physical conduct in the workspace, that people may

not have visible tattoos and people may not be as vocal as they would today. Today, tattoos may be seen as

more normalized and acceptable, which could lead to a lot of upset employees saying those are unfair rules

in their work of employment if they are against the dress code.

Now that we have a basis for understanding differences between deviance, rule violations, and criminal

law violations, we can now discuss who determines if a law becomes criminalized or decriminalized in the

1. Goode, E. (2016). Deviant Behavior. Routledge: New York.

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United States. A criminalized act is when a deviant act becomes criminal and law is written, with defined
sanctions, that can be enforced by the criminal justice system.

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Jaywalking

In the 1920s, auto groups aggressively fought to redefine who owned the city street. As cars began to spread to

the streets of America, the number of pedestrians killed by cars skyrocketed. At this time, the public was outraged

that elderly and children were dying in what was viewed as ‘pleasure cars’ because, at this time, our society was

structured very differently and did not rely on vehicles. Judges often ruled that the car was to blame in most

pedestrian deaths and drivers were charged with manslaughter, regardless of the circumstances. In 1923, 42,000

Cincinnati residents signed a petition for a ballot initiative that would require all cars to have a governor limiting

them to 25 miles per hour, which upset auto dealers and sprang them into action to send letters out to vote against

the measure.

Vote No

It was at this point that automakers, dealers, and others worked to redefine the street so that pedestrians, not

cars, would be restricted. Today, these law changes can be seen in our expectations for pedestrians to only cross at

crosswalks.

2. Farmer, L. (2016). Making the modern criminal law: Criminalization and civil . Oxford: Oxford University Press.

Introduction to the American Criminal Justice System

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Don’t Jaywalk

The Vox Article below has an excellent summary of what we discussed:

https://www.vox.com/2015/1/15/7551873/jaywalking-history

The creation of jaywalking laws would be an example of the interactionist view in lawmaking. The

interactionist view states that the definition of crime reflects the preferences and opinions of people who
hold social power in a particular legal jurisdiction, such as the auto industry. The auto industry used their

power and influence to impose what they felt was to be right and wrong and became moral entrepreneurs.
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A moral entrepreneur was a phrase coined by sociologist Howard Becker. Becker referred to individuals

who use the strength of their positions to encourage others to follow their moral stances. Moral

entrepreneurs create rules and argue their causes will better society, and they have a vested interest in that

cause that maintains their political power or position.
4 5

The auto industry used aggressive tactics to garner support for the new laws: using news media to shift

3. Vuolo, M., Kadowaki, J., & Kelly, B. (2017). Marijuana’s Moral Entrepreneurs, Then and Now. https://contexts.org/articles/marijuanas-
moral-entrepreneurs/

4. Becker, H. (1963). Outsiders: Studies in the sociology of …