DETAILED CONTENTS Preface Acknowledgments About the Author xiii xix xxi Learning Activity 20 Suggested Websites 20 Student Study Site 21 PART I: FOUNDATIONS OF CRIMINAL JUSTICE 1 istockphoto.com/tomml Chapter 1: Crime and Criminal Justice...2 Stages of the Criminal Justice System 4 Policing 5 The Courts 5 Corrections 5 Discretion and Ethics in the Criminal Justice System 5 JUSTICE: SO YOU WANT TO WORK IN CRIMINAL JUSTICE? 8 The Wedding Cake Model of Justice 8 Models of Criminal Justice 10 The Crime Control Model 10 The Due Process Model 10 The Influence of the Media on the Criminal Justice System 11 CRIME, LAW, AND JUSTICE FROM A GLOBAL PERSPECTIVE 12 The CSI Effect 12 Reality TV 13 The Media and Perception of Crime Rates 13 Influencing Public Policy 13 SPOTLIGHT: THE STATE V. JODI ARIAS 14 Conclusion 15 Current Controversy 1.1: Is Justice Served by Our Criminal Justice System? 15 Current Controversy 1.2: Does Mental Illness Cause Crime? 18 Key Terms 20 Discussion Questions 20 Chapter 2: Concepts of Law and Justice...22 Types of Law 24 Civil Cases 24 Criminal Cases 25 Federal Criminal Laws 25 State Criminal Laws 25 Municipal Criminal Laws 26 Sources of Law 26 Constitutional Law 27 Statutory Law 28 Federal Statutory Law 28 State Statutory Law 28 Administrative Law 28 SPOTLIGHT: CONCEALED WEAPONS ON COLLEGE CAMPUSES 29 Case Law 30 Criminal Law 30 INTERNATIONAL LAW 31 Components of a Criminal Act 32 Substantive Criminal Law 32 Procedural Criminal Law 33 Criminal Defenses 33 Innocence 33 Necessity, Duress, and Entrapment 34 JUSTICE: SO YOU WANT TO BE A DEFENSE ATTORNEY? 35 Self-Defense 35 Intoxication 36 Insanity 36 The M Naghten Rule 36 The Irresistible Impulse Test 37 Guilty but Mentally Ill 37 Conclusion 37 Current Controversy 2.1: Should Marijuana Be Legalized? 38 Current Controversy 2.2: Should Miranda Warnings Be Abolished? 41 Key Terms 44 Discussion Questions 44 Learning Activities 44 Suggested Websites 44 Student Study Site 44
Chapter 3: Defining and Measuring Crime...46 Defining Crime 48 Violent Offenses 48 Murder 48 Sexual Assault 49 Assault 49 Robbery 49 SPOTLIGHT: THE STEUBENVILLE HIGH SCHOOL RAPE CASE 50 Property Offenses 51 Status Offenses 52 Victimless Crimes 52 White-Collar Offenses 52 SPOTLIGHT: THE BOSTON MARATHON BOMBING 54 Crimes Against the Government 54 Uniform Crime Reports 55 Data Collected 56 Rates of Crime 56 Data on Offenders 57 Limitations of the UCR 58 JUSTICE: SO YOU WANT TO BE A RESEARCH ANALYST? 61 National Incident-Based Reporting System 62 Data Collected 62 Limitations of NIBRS 64 National Crime Victimization Survey 64 INTERNATIONAL CRIME DATA 65 Data Collected 66 Self-Reported Offending Datasets 66 Data Collected 67 Limitations of Self-Reported Offending Datasets 68 Conclusion 68 Current Controversy 3.1: Is White-Collar Crime Harmful to Society? 69 Current Controversy 3.2: Is Burglary a Violent Crime? 71 Key Terms 73 Discussion Questions 74 Learning Activities 74 Suggested Websites 74 Student Study Site 74 Chapter 4: Explanations of Criminal Behavior... 76 What Is a Theory of Crime? 78 Classical Theories of Crime 78 Cesare Beccaria 78 SPOTLIGHT: THEORIES AND RESEARCH ON CRIME 79 Jeremy Bentham 80 Biological and Psychological Theories of Crime 80 Foundations of Biological Theories of Crime 80 Cesare Lombroso 80 William Ferrero 81 Foundations of Psychological Theories of Crime 81 JUSTICE: SO YOU WANT TO BE A CRIMINOLOGIST? 82 Sigmund Freud 82 Contemporary Biological and Psychological Theories of Crime 83 Jean Piaget 83 Lawrence Kohlberg 83 Biosocial Theories 83 Sociological Theories of Crime 84 Social Disorganization Theory 84 SPOTLIGHT: FLINT, MICHIGAN, AND SOCIAL DISORGANIZATION THEORY 86 Anomie and Strain Theories of Crime 86 General Strain Theory 87 Differential Association Theory 88 Labeling Theory 89 Social Learning Theory 89 Social Bond Theory 90 Control Theory 90 CRIMINOLOGICAL THEORY IN A GLOBAL CONTEXT 91 Contemporary Theories of Crime 92 Life Course Theory 92 Feminist Criminology 93 Feminist Pathways 93 Conclusion 96 Current Controversy 4.1: Is There a Relationship Between Race and Class and Criminal Behavior? 96 Current Controversy 4.2: Should the Criminal Justice System Treat Female Offenders Differently? 99 Key Terms 101 Discussion Questions 102 Learning Activities 102 Suggested Websites 102 Student Study Site 102 Chapter 5: Victims and the Criminal Justice System... 104 Victims and Crime 106 Theories of Victimization 106 Early Theories of Victimology 107 Just-World Hypothesis 108 Routine Activities and Lifestyle Theory 110
JUSTICE: SO YOU WANT TO BE A VICTIM ADVOCATE? 111 History of Victims Rights 111 The Current State of Victims Rights 112 Victims in the Criminal Justice System 113 SPOTLIGHT: POLITICS AND VICTIMS RIGHTS: THE VIOLENCE AGAINST WOMEN ACT 115 Who Are the Victims of Crime? 116 Unreported Crimes: Why Do Victims Not Report to the Police? 118 CRIMINAL VICTIMIZATION IN A GLOBAL CONTEXT 119 Conclusion 120 Current Controversy 5.1: Should Colleges and Universities Respond to Campus Sexual Assault? 121 Current Controversy 5.2: Is Restorative Justice an Effective Tool for Victims? 123 Key Terms 125 Discussion Questions 125 Learning Activities 126 Suggested Websites 126 Student Study Site 126 Chapter 6: Criminal Justice Policy... 128 What Is Policy? 130 Why Do We Need Criminal Justice Policies? 130 How Do Criminal Justice Policies Develop? 131 Planning a Policy 131 Adopting and Implementing a Policy 132 Evaluating a Policy 132 Who Develops Criminal Justice Policy? 132 Direct Democracy 133 The Goals of Criminal Justice Policies 133 Cost-Saving Measures 134 Politics and Criminal Justice Policy 134 SPOTLIGHT: STAND-YOUR-GROUND POLICY 135 Presidential Politics and Criminal Justice Policies 136 Congress and Criminal Justice Policies 137 Public Perception and Criminal Justice Policies 137 DRUG POLICY IN THE NETHERLANDS 138 Research and Criminal Justice Policies 140 JUSTICE: SO YOU WANT TO BE A POLICY ADVOCATE? 141 Conclusion 142 Current Controversy 6.1: Are Laws Requiring Sex Offender Registries Effective? 142 Current Controversy 6.2: Is Street-Level Bureaucracy a Good Thing? 145 Key Terms 147 Discussion Questions 147 Learning Activities 147 Suggested Websites 148 Student Study Site 148 PART II: POLICING 149 istockphoto.com/klaus Larsen Chapter 7: Policing Organizations and Practices... 150 A Brief History of Policing 152 The Political Era 154 Reform Era 154 Community Problem-Solving Era 155 Types of Police Organizations 155 Federal Law Enforcement 155 BE A POLICE OFFICER? 156 Department of Justice 157 Department of Homeland Security 157 State Law Enforcement 158 Local Law Enforcement 158 SPOTLIGHT: CROSS-DEPUTIZING OFFICERS 159 Special Law Enforcement Agencies 160 Women in Policing 161 Racial and Ethnic Diversity in Policing 163 The Importance of a Diverse Police Force 164 What Do the Police Do? 164 Police Roles 164 Strategies and Tactics of Policing 166 Random Versus Directed Patrols 166 Order Maintenance Policing 166 Community Policing 167 Problem-Oriented Policing 168 COMMUNITY POLICING IN ACTION 169 Predictive Policing 169 Conclusion 171
Current Controversy 7.1: Is CompStat a Good Policing Strategy? 171 Current Controversy 7.2: Do Mandatory Arrest Policies Help Victims of Domestic and Intimate Partner Violence? 174 Key Terms 177 Discussion Questions 177 Learning Activities 177 Suggested Websites 177 Student Study Site 178 PART III: COURTS 203 Chapter 8: Issues in Policing... 180 Policing and the Law 182 Search and Seizure 183 Warrantless Searches 183 Automobile Searches 183 The Miranda Warning 184 BE A CRIMINAL INVESTIGATOR? 185 Ethical Dilemmas and Corruption 185 SPOTLIGHT: DNA COLLECTION 186 Discretion 187 Duty 187 Honesty 187 Corruption 188 Why Does Corruption Occur? 188 Racial Profiling 188 POLICING IN THE MIDDLE EAST 189 Research on Racial Profiling 190 Strategies to Reduce Racial Profiling 190 Use of Force 191 Types of Force 192 SPOTLIGHT: KELLY THOMAS AND THE FULLERTON POLICE DEPARTMENT 193 Police Legitimacy 194 Police Occupational Stress 195 Conclusion 195 Current Controversy 8.1: Should Police Agencies Require Officers to Wear Body Cameras? 196 Current Controversy 8.2: Does Police Discretion Help or Harm Our Criminal Justice System? 198 Key Terms 200 Discussion Questions 201 Learning Activities 201 Suggested Websites 201 Student Study Site 201 istockphoto.com/wellesenterprises Chapter 9: Courts and Crime...204 Criminal Versus Civil Courts 206 Jurisdiction and the Courts System 207 Geographical Jurisdiction 207 Concurrent Jurisdiction 207 Subject Matter Jurisdiction 208 Appellate Jurisdiction 208 Structure of the Courts 208 The Federal Court System 208 Magistrate Courts 209 District Courts 209 Appeals Courts 210 Supreme Court 210 Women and Minorities on the Supreme Court 211 The State Court System 213 Judicial Selection 214 State Appellate Courts 215 Courtroom Participants and Their Duties 215 Ancillary Members 216 Judges 216 Prosecutors 216 Ethical Challenges for Prosecutors 216 BE A PROSECUTOR? 217 Defense Attorneys 218 SPOTLIGHT: THE 50th ANNIVERSARY OF GIDEON V. WAINWRIGHT 219 Juries 220 Grand Juries 220 Trial Juries 220 JURIES IN A GLOBAL CONTEXT 221 Stages of a Criminal Court Case 222 Pretrial 222 Arraignment 222 Trial 223
Conclusion 224 Current Controversy 9.1: Should Physical Evidence Be Required in Serious Criminal Cases? 225 Current Controversy 9.2: Should We Limit the Use of Plea Bargains? 227 Key Terms 229 Discussion Questions 230 Learning Activities 230 Suggested Websites 230 Student Study Site 230 Chapter 10: Punishment and Sentencing...232 Correctional Philosophies 234 Deterrence 234 SPOTLIGHT: DETERRENCE AND THE DEATH PENALTY 235 Rehabilitation 236 Incapacitation 237 Retribution 237 BE A DRUG AND ALCOHOL COUNSELOR? 238 Restoration 239 Determinate Sentencing 239 Sentencing Guidelines 239 Opposition to Sentencing Guidelines 241 Indeterminate Sentencing 241 Mandatory Sentences 242 CRIMINAL SENTENCING IN CHINA 243 Opposition to Mandatory Sentences 244 Capital Punishment 245 Legal Challenges 246 Methods of Execution Under the 8th Amendment 247 Firing Squad 247 Hanging 248 Electrocution 248 Lethal Gas 248 Lethal Injection 249 Conclusion 249 Current Controversy 10.1: Do Habitual Sentencing Laws Deter Offenders? 250 Current Controversy 10.2: Is the Risk of Executing Innocent People Acceptably Low? 252 Key Terms 254 Discussion Questions 255 Learning Activities 255 Suggested Websites 255 Student Study Site 255 PART IV: CORRECTIONS 257 istockphoto.com/fhogue Chapter 11: Prisons and Jails...258 History of Jails and Prisons 260 The Pennsylvania System 261 The New York System 261 The Reformatory Era 262 The Punishment Era 263 Jails 263 Jail Inmates 263 Jail Challenges 265 Types of Prisons 265 State Prisons 265 PRISONS IN RUSSIA 266 Federal Prisons 269 Private Prisons 270 Military Prisons 271 Prison Security Levels 272 Issues in Incarceration 273 Racial Disproportionality 273 Overcrowding 274 Prison Misconduct 275 Prison Gangs 275 Sexual Misconduct 275 Legal Rights of Prisoners 276 SPOTLIGHT: THE INCARCERATION OF THE MENTALLY ILL 277 Correctional Officers 279 Conclusion 280 BE A CORRECTIONAL OFFICER? 281 Current Controversy 11.1: Should We Use Supermax Prisons to Control Offenders? 281 Current Controversy 11.2: Is Segregating Prison Populations a Good Policy? 283
Key Terms 286 Discussion Questions 286 Learning Activities 286 Suggested Websites 287 Student Study Site 287 PART V: SPECIAL TOPICS IN CRIMINAL JUSTICE 321 Chapter 12: Community Corrections...288 Pretrial Release 291 Bail 291 Release on Own Recognizance 291 Pretrial Release Programs 292 Diversion 293 Juvenile Programs 294 Specialized Courts 294 Probation 295 A Brief History of Probation 295 Probation in the 21st Century 296 SPOTLIGHT: RECIDIVISM 297 Types of Probation 297 Duties of the Probation Officer 299 The Presentence Investigation Report 299 Probation Revocation 301 Intermediate Sanctions 302 PROBATION IN ITALY 303 House Arrest and Electronic Monitoring 304 Day-Reporting Centers and Work/Study Release Programs 305 Halfway Houses 305 Parole 306 A Brief History of Parole 306 Parole in the 21st Century 306 BE A PROBATION OR A PAROLE OFFICER? 308 Role of Parole Officers 308 Issues in Reentry 309 Employment Challenges 309 Disenfranchisement 309 Drug Addiction 310 Access to Health Care 311 Access to Resources 311 Conclusion 313 Current Controversy 12.1: Should We Use Risk/ Needs Assessments to Identify Offender Needs? 313 Current Controversy 12.2: Is Parole an Effective Correctional Strategy? 316 Key Terms 318 Discussion Questions 319 Learning Activities 319 Suggested Websites 319 Student Study Site 319 istockphoto.com/compassandcamera Chapter 13: Juvenile Justice... 322 History of the Juvenile Justice System 324 Structure of the Juvenile Court 325 Delinquency Cases 325 WORK IN JUVENILE JUSTICE? 326 Dependency Cases 326 Juvenile Justice Process 327 Intake 327 Processing 329 Adjudication 329 JUVENILE JUSTICE IN JAPAN 333 Demographics of Juvenile Offenders 334 Issues in Juvenile Justice 336 Juvenile Waiver 337 Legislative Waiver 337 Prosecutorial Waiver 337 Judicial Waiver 337 Juvenile Sentencing 339 Juvenile Confinement 340 SPOTLIGHT: THE D.C. SNIPERS 342 Conclusion 343 Current Controversy 13.1: Have Zero-Tolerance Policies Made Schools Safer? 343 Current Controversy 13.2: Should the Juvenile Court Be Abolished? 346 Key Terms 348 Discussion Questions 348 Learning Activities 349 Suggested Websites 349 Student Study Site 349
Chapter 14: Emerging Issues for the 21st Century...350 Terrorism 352 Types of Terrorism 352 Prevalence of Terrorism 353 SPOTLIGHT: CYBERTERRORISM 354 Homeland Security 356 Responses to Terrorism Before 9/11 356 TERRORISM IN INDONESIA 357 Responses to Terrorism After 9/11 358 The USA PATRIOT Act 360 Drones and the Law 361 Drone Concerns 362 Border Control 363 Immigration 363 JUSTICE: SO YOU WANT TO BE AN INTERPRETER? 364 Transnational Crime 366 Human Trafficking 367 Organized Crime 369 Drug and Arms Trafficking 370 Conclusion 371 Current Controversy 14.1: Should Enemy Combatants Be Denied Due Process Rights? 372 Current Controversy 14.2: Does Immigration Impact Crime? 374 Key Terms 376 Discussion Questions 377 Learning Activity 377 Suggested Websites 377 Student Study Site 377 Glossary 378 Endnotes 386 Index 422