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CHAPTER 1 What Is Criminal Justice? CHAPTER OVERVIEW The American experience with crime during the last half century has been especially influential in shaping the criminal justice system of today. Although crime waves have come and gone, some events during the past century stand out as especially significant, including a spurt of widespread organized criminal activity associated with the Prohibition years of the early twentieth century, the substantial increase in “traditional” crimes during the 1960s and 1970s, the threat to the American way of life represented by illicit drugs around the same time, the terrorist attacks of September 11, 2001, and the ongoing threat from radical Islam. The theme of this book is individual rights versus public order. As this chapter points out, the personal freedoms guaranteed to law-abiding citizens as well as to criminal suspects by the Constitution must be closely guarded. At the same time, the urgent social needs of communities for controlling unacceptable behavior and protecting law-abiding citizens from harm must be recognized. This theme is represented by two opposing groups: individual rights advocates and public-order advocates. The fundamental challenge facing the practice of American criminal justice is in achieving efficient and cost-effective enforcement of the laws while simultaneously recognizing and supporting the legal rights of suspects and the legitimate personal differences and prerogatives of individuals. Even though justice may be an elusive concept, it is important to recognize that criminal justice is tied closely to notions of social justice, including personal and cultural beliefs about equity and fairness. As a goal to be achieved, criminal justice refers to those aspects of social justice that concern violations of the criminal law. Although community interests in the administration of criminal justice demand the apprehension and punishment of law violators, criminal justice ideals extend to the protection of the innocent, the fair treatment of offenders, and fair play by justice administration agencies. This chapter briefly describes the process of American criminal justice as a system with three major components—police, courts, and corrections—all of which can be described as working together toward a common goal. However, a cooperative systems viewpoint is useful primarily for the simplification that it provides. A more realistic approach to understanding criminal justice may be the nonsystem approach. As a nonsystem, the criminal justice process is depicted as a fragmented activity in which individuals and agencies within the process have interests and goals that at times coincide but often conflict. 1 Copyright © 2024 Pearson Education, Inc.

The stages of criminal case processing include investigation and arrest, booking, first appearance in court, the defendant’s preliminary hearing, the return of an indictment by the grand jury or the filing of an information by the prosecutor, arraignment of the defendant before the court, adjudication or trial, sentencing, and corrections. As a field of study, corrections includes jails, probation, imprisonment, and parole. The principle of due process, which underlies the first ten amendments to the U.S. Constitution, is central to American criminal justice. Due process means procedural fairness and requires that criminal case processing be conducted with fairness and equity. The ultimate goal of the criminal justice system in America is achieving crime control through due process. Due process and crime control have recently been supplemented by a public health model which sees crime and violence through an epidemiological lens, and which seeks to involve multiple stakeholders in crime prevention. Scientific research has become a major element in the increasing professionalization of criminal justice, and there is a strong call today for the application of evidence-based practices in the justice field. Evidence-based practices are crime-fighting strategies that have been scientifically tested and that are based on social science research. American society today is a multicultural society, composed of a wide variety of racial and ethnic heritages, diverse religions, incongruous values, disparate traditions, and distinct languages. Multiculturalism complicates the practice of American criminal justice because there is rarely universal agreement in our society about what is right or wrong or about what constitutes “justice.” As such, multiculturalism presents both challenges and opportunities for today’s justice practitioners. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. Summarize the history of crime in America and corresponding changes in the American criminal justice system. 2. Describe the public-order (crime-control) and individual-rights (due-process) perspectives of criminal justice, concluding with how the criminal justice system balances the two perspectives. 3. Explain the relationship of criminal justice to general concepts of equity and fairness. 4. Describe the American criminal justice system in terms of its three major components and the consensus and conflict models. 5. Describe the process of American criminal justice, including the stages of criminal case 2 Copyright © 2024 Pearson Education, Inc.

processing. 6. Define due process of law, including how the American legal system guarantees due process. 7. Describe the role of evidence-based practice in contemporary criminal justice. 8. Explain how multiculturalism and diversity present challenges to and opportunities for the American people LECTURE OUTLINE I.

Introduction 

Teaching note: Discuss current events that have affected public attitudes toward the American criminal justice system. Explain the concept of procedural fairness and discuss its importance in the American justice system.

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Teaching note: Ask students to discuss how recent events, including both acts of violence by police and assaults on police, have affected their view of the criminal justice system?

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Teaching note: Present the definition of crime that will be used during the course and ask students if they can think of additional ways in which it might be defined.

II.

A Brief History of Crime in America 

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III.

Teaching note: Provide students with a historical perspective of crime in the last half century. An effective way to highlight the changes is to simply provide a timeline of critical events (those discussed in this section and those listed in Figure 1-1). Discuss the importance of these high-profile cases and how they influence public understanding of criminal justice. Ask students what other high-profile crimes they remember. Teaching note: Ask students to discuss why the increased emphasis on individual rights beginning in the 1960s was associated with an increase in reported crime. Teaching note: Ask students to discuss whether they consider crimes committed via cyberspace to be more or less serious than similar crimes that are not Internet-based. The Theme of This Book

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Teaching note: Highlight the key differences between the individual-rights and publicorder perspectives.

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Teaching note: Ask students whether they see a trend in our society in favor of individual-rights or public-order interests, Encourage them to present examples to support their opinions. 3 Copyright © 2024 Pearson Education, Inc.

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Teaching note: Ask students to discuss the relative merits of the individual-rights and public-order perspectives. Discuss how the goals of both perspectives might be balanced in contemporary society.

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Teaching note: A good method to help students understand the complexities in balancing the concerns of individual-rights advocates and public-order advocates is to hold a debate in class. Divide the class in half and assign one half to be individual-rights advocates and the other half to be public-order advocates. One issue students may examine is the profiling of airline passengers. Explain to students how the criminal justice system’s response to the events of September 11, 2001 has significantly changed airport screening procedures. Ask the students representing the public-order advocates to prepare a list of personal characteristics (e.g., race, ethnicity, gender, age, clothing) that they would seek to use in screening potentially dangerous passengers in an airport terminal. Ask the students viewing this issue as individual-rights advocates to provide a list of stereotypes or situations regarding passengers in a terminal that might indicate an unreasonable search or seizure by the criminal justice system. After placing both lists on the board for everyone to see, have the two groups debate the topic.

IV.

Criminal Justice and Social Justice 

Teaching note: Explain the differences between criminal justice and social justice. Contrast the focus of criminal justice (violations of the criminal law) and civil justice (fairness in relationships among citizens, government agencies, and businesses in private matters).

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Teaching note: Discuss the concept of justice and ask students what justice means to them. Ask if they can think of other ways of achieving justice, other than through the formal criminal justice process.

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Teaching note: Explain the relationship of criminal justice to fundamental notion of fairness and to the wider notions of equity and morality.

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Teaching note: Explain that the word “justice” in “criminal justice” implies a sense of basic fairness, and that no criminal justice system will seem fair to the citizens it serves unless it rings true to the basic sense of fairness to which those citizens hold.

American Criminal Justice: Conflict and Consensus A. 

The Consensus Model

Teaching note: Explain that the consensus model of criminal justice envisions the components of the criminal justice system as functioning together to achieve the goal of justice. 4 Copyright © 2024 Pearson Education, Inc.

B. 

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VI.

The Conflict Model

Teaching note: Explain that the conflict model of criminal justice envisions the components of the criminal justice system as serving their own interests and competing with one another over scarce resources, public recognition, and various other forms of accomplishment. Teaching note: Compare and contrast the consensus and conflict models of criminal justice and discuss the importance of both models in the study of the criminal justice system. Teaching note: Ask students to discuss which model (consensus or conflict) best describes the American system of criminal justice and to explain why they hold that view. Teaching note: One way to teach students about the consensus and conflict models is to discuss the limitations that tax-supported funding can place on criminal justice agencies. Explain that the consensus model is most likely to be present in areas where the state and local tax bases can provide for adequate staffing of police, criminal courts, and correctional agencies; because each agency can afford more services, this leads to greater cooperation between agencies. Then explain how budget cuts that occur in times of limited tax revenues may result in increased workloads for the various components of the system. Operating within the constraints of a fixed budget can create fragmented efforts, as each subcomponent must make more of an individual effort to deliver services in an environment that does not always encourage maximum cooperation between agencies. American Criminal Justice: The Process

 

VII.  

Teaching note: Explain the criminal justice system in terms of its main components: the police, the courts, and corrections. Teaching note: Use Figure 1-4 to provide students with a brief overview or “road map” of the criminal justice process and explain that each stage in the process will be covered in more detail throughout the text Due Process and Individual Rights Teaching note: Discuss the concept of due process and explain why it is such a central notion in American criminal justice. Teaching note: Ask students to discuss what our justice system would be like without due process. Ask if they would want to live in a society that did not guarantee due process rights. Why or why not? A.

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The Role of the Courts in Defining Rights

much weight as legislative actions

B.  

Teaching note: Explain the crime control and due process models of criminal justice and emphasize that their goals are not necessarily mutually exclusive. Teaching note: One way to illustrate the concerns of due process model is by discussing a case in which a defendant was wrongfully convicted. Explain that DNA technology has both assisted law enforcement and also helped free innocent people who were wronglyconvicted. Relevant cases that could be discussed include: o Rubin “Hurricane” Carter (the subject of the movie The Hurricane) o Randall Dale Adams (the movie The Thin Blue Line was based on his case) o The Kern County child abuse cases (the subject of the documentary Witch Hunt) o Ron Williamson and Dennis Fritz (the basis for John Grisham’s book The Innocent Man: Murder and Injustice in a Small Town) o Cameron Todd Willingham (the subject of the documentary film Incendiary: The Willingham Case) C.

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VIII.   

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IX.

The Ultimate Goal: Crime Control through Due Process

The Public Health Model of Crime Control

Teaching note: Compare the newer public health model to the crime control and due process models of criminal justice. Explain how the focus of this model differs and how it incorporates input from agencies and individuals outside the justice system. Evidence-Based Practice in Criminal Justice Teaching note: Explain evidence-based practice and describe the role of evidence-based research in contemporary criminal justice. Teaching note: Stress the difference between “evidence-based practices” and “criminal evidence” Teaching note: Describe the work of the Campbell Collaboration’s Crime and Justice Coordinating Group and explain why systematic reviews of research are so important today. Teaching note: Encourage students to visit the CrimeSolutions.gov website and explore the various programs and practices and how they are graded.

Multiculturalism and Social Diversity in Criminal Justice

CHAPTER 2 The Crime Picture CHAPTER OVERVIEW The FBI’s Uniform Crime Reporting (UCR) Program began in the 1930s when Congress authorized the U.S. attorney general to survey crime in America. Today’s UCR/NIBRS Program provides annual data on the number of reported major crimes, as well as information about arrests that have been made for less-serious offenses. Serious offenses include murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson. The lessserious offense category covers many more crimes, including drug offenses, driving under the influence, and simple assault. Modifications to the UCR Program, which has traditionally provided only summary crime data, occurred with the implementation of the National IncidentBased Reporting System (NIBRS). NIBRS, which represents a significant redesign of the original UCR Program, gathers many details about each criminal incident, such as place of occurrence, weapon used, type and value of property damaged or stolen, the personal characteristics of the offender and the victim, the nature of any relationship between the two, and the disposition of the complaint. The National Crime Victimization Survey (NCVS) is the second major source of statistical data about crime in the United States. The NCVS, which was first conducted in 1972, is based on victim self-reports rather than on police reports. The NCVS originally built on efforts by both the National Opinion Research Center and the 1967 President’s Commission on Law Enforcement and the Administration of Justice to uncover what some had been calling the dark figure of crime—that is, those crimes that are not reported to the police and that are relatively hidden from justice system officials. An analysis of victim self-report data led to the realization that crimes of all types were more prevalent than UCR statistics had previously indicated. Significant differences exist between the UCR/NIBRS and the NCVS. For example, UCR/NIBRS data are primarily based on citizens’ reports of crime to the police, whereas NCVS data are gathered by field researchers who interview randomly selected households throughout the country. These and other differences lead to significant variation in the crime rates reported under both programs. It is important to recognize that UCR/NIBRS and NCVS data do not necessarily provide a complete picture of crime in America, not only because they fail to capture all instances of crime, but also because the traditional reporting categories that they employ do not always encompass more innovative forms of crime such as those committed through the use of high technology or certain forms of white-collar crime.

This chapter introduces a number of special categories of crime, including crime against women, crime against older people, hate crime, corporate and white-collar crime, organized crime, gun crime, drug crime, high-technology and computer crime, and terrorism. Each of these categories is of special concern in contemporary society. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. Describe the FBI’s UCR/NIBRS Program, including its purpose, history, and what it tells us about crime in the United States today. 2. Describe the National Crime Victimization Survey (NCVS) program, including its purpose, its history, and what it tells us about crime in the United States today. 3. Compare and contrast the UCR/NIBRS and NCVS data collection and reporting programs. 4. Describe how the special categories of crime discussed in this chapter are significant today. LECTURE OUTLINE I.

Introduction A. The Collection of Crime Data 



II.

Teaching note: Explain the historical circumstances that led to the development of the NCVS and the UCR/NIBRS, and discuss why new and innovative types of crime, such as some high-technology offenses, might not be fully counted under those programs. Teaching note: Explain the different types of information on crime that may be obtained from the UCR/NIBRS program, the NCVS, and offender self-reports and that the choice of data source may depend on the type of information required. The UCR/NIBRS Program A. Development of the UCR Program

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Teaching note: Describe the history and nature of the FBI’s UCR/NIBRS Program and explain what it can tell us about crime in the United States today. Teaching note: Explain the criminal justice funnel and discuss how cases fall out as they move through the criminal justice system B.

The National Incident-Based Reporting System

While the UCR/NIBRS program is based on citizen crime reports to the police while the NCVS is based on victim self-report data. Information on murder, kidnapping, victimless crimes, and crimes against businesses are not included in the NCVS. The NCVS also only includes people 12 years of age and older. The UCR uses a hierarchical counting system, which counts the most serious incident in a series of criminal events against a single person. The UCR/NIBRS program counts reported crimes, whereas NCVS counts both completed and attempted offenses that may or may not have been reported to police. Researchers tend to rely on NCVS data more than UCR/NIBRS because it appears to be a more accurate gauge of criminal incidents than police reports. Answers may vary regarding the student’s view of program reliability 4. What are the special categories of crime discussed in this chapter? Why are they important? This chapter discusses several special categories of crime, including crime against women, crime against older people, hate crime, corporate and white-collar crime, organized crime, gun crime, drug crime, cybercrime, and terrorism. These categories are important because they provide us with additional ways to think about crime and how the criminal justice system responds to crime. The importance of these special categories is also illustrated by thinking of them as crime typologies. Various typologies are used to describe the characteristics of criminal offending. Creating such special categories increases the importance of these types of crime and provides a common ground for scholars and policymakers to discuss them.

CHAPTER 3 Criminal Law CHAPTER OVERVIEW Laws are rules of conduct, usually found enacted in the form of statutes, that regulate relationships between people and also between parties. One of the primary functions of the law is to maintain public order. Laws also serve to regulate human interaction, enforce moral beliefs, define the economic environment of a society, enhance predictability, promote orderly social change, sustain individual rights, identify wrongdoers and redress wrongs, and mandate punishment and retribution. Because laws are made by those in power and are influenced by those with access to power brokers, they tend to reflect and support the interests of society’s most powerful members. The rule of law, which is sometimes referred to as the supremacy of law, encompasses the principle that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. It means that no one is above the law, and it mandates that even those who make or enforce the law must also abide by it. The rule of law is regarded as a vital underpinning in Western democracies, for without it disorder and chaos might prevail. This chapter identifies various types of law, including criminal law, civil law, administrative law, case law, and procedural law. It is concerned primarily with criminal law, which is that form of the law that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or against society. Violations of the criminal law can be of many different types and can vary in severity. Six categories of violations are discussed in this chapter: (1) felonies, (2) misdemeanors, (3) infractions, (4) treason (5) espionage, and (6) inchoate offenses. From the perspective of Western jurisprudence, all crimes can be said to share certain features. Taken together, these features make up the legal essence of the concept of crime. The essence of crime consists of three conjoined elements: (1) the criminal act, which in legal parlance is termed the actus reus; (2) a culpable mental state, or mens rea; and (3) a concurrence of the two. Hence, the essence of criminal conduct consists of a concurrence of a criminal act with a culpable mental state. Five additional principles, added to these three, allow us to fully appreciate contemporary understandings of crime: (1) causation, (2) resulting harm, (3) legality, (4) punishment, and (5) necessary attendant circumstances. 24 Copyright © 2024 Pearson Education, Inc.

CHAPTER 4 Policing: Agencies and Structure CHAPTER OVERVIEW Police agencies in the United States function to enforce the statutes created by lawmaking bodies, and differing types and levels of legislative authority are reflected in the diversity of police forces in our country today. Consequently, American policing presents a complex picture that is structured along federal, state, and local lines. Dozens of federal law enforcement agencies are distributed among 14 U.S. government departments and 28 non-departmental entities, and each federal agency empowered by Congress to enforce specific statutes has its own enforcement arm. The FBI may be the most famous law enforcement agency in the country and in the world. The mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners. State law enforcement agencies have numerous functions, including assisting local law enforcement departments in criminal investigations when asked to do so, operating centralized identification bureaus, maintaining a centralized criminal records repository, patrolling the state’s highways, and providing select training for municipal and county officers. State law enforcement agencies are usually organized after one of two models. In the first, a centralized model, the tasks of major criminal investigations are combined with the patrol of state highways. The second state model, the decentralized model, draws a clear distinction between traffic enforcement on state highways and other state-level law enforcement functions by creating at least two separate agencies. Local police agencies represent a third level of law enforcement activity in the United States. They encompass a wide variety of agencies, including municipal police departments, rural sheriff’s departments, and specialized groups like campus police and transit police. Private protective services constitute another level of law enforcement. Whereas public police are employed by the government and enforce public laws, private security personnel work for corporate or private employers and secure private interests. Private security personnel outnumber public law enforcement officers in the United States, and private agencies provide tailored protective services funded by the guarded organization rather than by taxpayers. A number of international law enforcement organizations, including Europol and Interpol, work 35 Copyright © 2024 Pearson Education, Inc.

with governments and enforcement agencies from multiple countries in identifying illegal activities and capturing perpetrators in order to bring them to justice. The focus of American policing shifted after the terrorist attacks of September 11, 2001. Many agencies formed special anti-terrorist squads and began gathering intelligence on terrorist threats that might endanger the United States, including local communities. Important insights into what works and what doesn’t in policing have been gained through the application of scientific principles to the study of policing and crime control and prevention programs. Today, evidence-based policing (EBP) continues to inform the decision-making processes of competent law enforcement leaders. This chapter points out that people of color are now employed in policing in numbers that approach their representation in the general population. Women, however, are still significantly underrepresented. Questions can be raised about the degree of participation of underrepresented populations in the command structure of law enforcement agencies, about the desire of significant numbers of women to work in policing, and about the respect accorded to women and members of other underrepresented groups who work in law enforcement by their fellow officers. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. Briefly describe federal law enforcement agencies, including the FBI. 2. Identify the two major models of state law enforcement organization. 3. Describe the various kinds of local law enforcement agencies and their roles in enforcing the law. 4. Describe private protective services in the United States and their possible future roles. 5. Name two international police agencies that this chapter identifies. 6. Describe how concerns over terrorism have changed policing in America. 7. Explain evidence-based policing (EBP), including why it is so important today. 8. Identify some of the racial, ethnic, and gender diversity issues in policing. LECTURE OUTLINE I. 

Introduction Teaching Note: Explain that the structure of modern-day American policing is very complex, with agencies functioning at the federal, state, and local levels. Ask students to identify various types of problems that might arise as a consequence of this complex structure and discuss ways to reduce or eliminate these problems. 36 Copyright © 2024 Pearson Education, Inc.

CHAPTER 5 Policing: Purpose and Organization CHAPTER OVERVIEW The fundamental police mission in democratic societies includes five components: (1) enforcing the law (especially the criminal law), (2) apprehending offenders, (3) preventing crime, (4) preserving the peace, and (5) providing the community with needed enforcement related services. Police management involves the administrative activities of controlling, directing, and coordinating police personnel, resources, and activities in the service of preventing crime, apprehending criminal offenders, recovering stolen property, and performing regulatory and helping services. Virtually all American law enforcement organizations are formally structured among divisions and along lines of authority. Roles within police agencies usually fall into one of two categories: line and staff. Line operations are field or supervisory activities directly related to daily police work. Staff operations include support roles such as administration. Three policing styles are identified in this chapter: (1) the watchman style, (2) the legalistic style, and (3) the service style. The style of policing that characterizes a community tends to flow from the lifestyles of those who live there. Whereas the watchman style of policing, with its emphasis on order maintenance, was widespread during the mid-twentieth century, the service style, which is embodied in the community policing model, is commonplace today. Community policing is built on the principle that police departments and the communities they serve should work together as partners in the fight against crime. Police-community relations (PCR) places emphasis on positive police-citizen interaction. PCR recognizes the need for the community and the police to work together effectively. PCR is based on the notion that the police derive their legitimacy from the communities they serve. Many police agencies began to explore PCR in the 1960s and 1970s, and it is a theme still prevalent in policing today. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. 2. 3. 4.

Explain the police mission in democratic societies. Summarize the typical organizational structure of a police department. Compare and contrast the three most common policing styles. Explain community policing and tell how it differs from traditional forms of policing. 43 Copyright © 2024 Pearson Education, Inc.

LECTURE OUTLINE I.

Introduction

II.

The Police Mission  

Teaching Note: Discuss each of the five basic elements of the police mission. Explain how they may complement or conflict with each other at various times. Teaching Note: Divide students into five groups and assign each group one of the five elements of the police mission. Have each group explain why its element should take precedence over the others in policing. If you like, you could set this up as a mock campaign, with each group campaigning for its element to be elected “most important” in the police mission. A.

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Teaching Note: Discus the possible implications of the inability of the police to enforce all of the laws. Ask the class to discuss whether the police should strive to enforce all laws at all times. Who should be responsible for determining which laws should be prioritized for enforcement? B.



Apprehending Offenders

Teaching Note: Review the broken windows model of policing and explain how it has been used by the NYPD to reduce crime in New York City. C.

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Enforcing the Law

Preventing Crime

Teaching Note: Ask students to discuss which are more important: crime prevention techniques or crime prevention programs. D.

Preserving the Peace

Providing Services

Teaching Note: Describe some of the many and varied types of calls for service received by the police, many of which have little to do with crime and law enforcement. Explain how much time service provision may involve and discuss various methods police 44 Copyright © 2024 Pearson Education, Inc.

CHAPTER 6 Policing: Legal Aspects CHAPTER OVERVIEW Legal restraints on police action stem primarily from the U.S. Constitution’s Bill of Rights, especially the Fourth, Fifth, and Sixth Amendments, which (along with the Fourteenth Amendment) require due process of law. Most due-process requirements of relevance to police work concern three major areas: (1) evidence and investigation (often called search and seizure), (2) arrest, and (3) interrogation. Each of these areas has been addressed by a number of important U.S. Supreme Court decisions, and it is the discussion of those decisions and their significance for police work that makes up the bulk of this chapter’s content. The Bill of Rights was designed to protect citizens against abuses of police power. It does so by guaranteeing due process of law for everyone suspected of having committed a crime and by ensuring the availability of constitutional rights to all citizens, regardless of state or local law or procedure. Within the context of criminal case processing, due-process requirements mandate that all justice system officials, not only the police, respect the rights of accused individuals throughout the criminal justice process. The Fourth Amendment to the Constitution declares that people must be secure in their homes and in their persons against unreasonable searches and seizures. Consequently, law enforcement officers are often required to demonstrate probable cause in order to obtain a search warrant from a judge if they are to conduct searches and seize the property of criminal suspects legally. Not all searches require a warrant. Many searches conducted by law enforcement officers fall into the category of warrantless searches, or searches for which a warrant has not been issued by legitimate judicial authority. While most warrantless searches are permissible, some searches require the issuance of a warrant prior to the conduct of the search. The Supreme Court has also established that police officers, in order to protect themselves from attack, have the right to search a person being arrested and to search the area under the arrestee’s immediate control. Technically, arrest takes place whenever a law enforcement officer restricts a person’s freedom to leave. Arrests may occur when an officer comes upon a crime in progress, but most jurisdictions also allow warrantless arrests for felonies when a crime is not in progress, as long as probable cause can later be demonstrated. Reasonable suspicion, which requires a lesser degree of certainty than probable cause, permits the limited detention of persons of interest in an investigation. Consequently, an investigative detention is defined as a temporary seizure of an

individual by a police officer for investigative purposes. A vehicle stop provides an example of detention, not arrest—although the stop might turn into an arrest. Information that is useful for law enforcement purposes is called intelligence, and as this chapter shows, intelligence gathering is vital to police work. The need for useful information often leads police investigators to question suspects, informants, and potentially knowledgeable citizens. When suspects who are in custody become subject to interrogation, they must be advised of their Miranda rights before questioning begins. The Miranda warnings, which were mandated by the Supreme Court in the 1966 case of Miranda v. Arizona, are listed in this chapter. They ensure that suspects know their rights—including the right to remain silent—in the face of police interrogation. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. Explain how the Bill of Rights protects Americans from police abuse. 2. Explain how the idea of due process and democratically inspired legal restraints on the police help to protect our personal freedoms. 3. Describe the circumstances under which police officers may conduct searches or seize property legally. 4. Describe detention, arrest and types of searches. 5. Describe the intelligence function, including the roles of police interrogation and the Miranda warning. LECTURE OUTLINE I.

Introduction 

Teaching Note: Given the large number of cases presented in this chapter, it will be difficult for students to memorize the important holdings of each case. There are two strategies that may be used to help students learn these cases. First, limit the number of cases students are expected to know. Have them focus on those cases which you think are most important and provide them with the list of cases before they read the chapter. Second, if they are expected to know all (or most) of the cases, work with the class to construct a study sheet. For example, one side of the study sheet could be for Fourth Amendment cases and the other for Fifth Amendment cases. Provide subcategories for each set of cases (such as search incident to arrest cases and emergency circumstance cases for Fourth Amendment cases). Help students construct three- or four-word

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Colorado v. Connelly held that “self-coercion” due to the defendant’s mental condition does not bar prosecution based on information revealed by the defendant Kuhlmann v. Wilson permitted the passive gathering of information and Illinois v. Perkins permitted active questioning by an undercover officer posing as a fellow inmate in jail

CHAPTER 7 Policing: Issues and Challenges CHAPTER OVERVIEW The police personality is created through informal pressures on officers by a powerful police subculture that communicates values that support law enforcement interests. This chapter describes the police personality as, among other things, authoritarian, conservative, honorable, loyal, cynical, dogmatic, hostile, prejudiced, secret, and suspicious. Various types of police corruption were described in this chapter, including “grass eating” and “meat eating.” The latter includes the most serious forms of corruption, such as an officer’s actively seeking illegal moneymaking opportunities through the exercise of their law enforcement duties. Ethics training is mentioned as part of a “reframing” strategy that emphasizes integrity in an effort to target police corruption. Also discussed was a recent U.S. DOJ report that focused on enhancing policing integrity and that cited a police department’s culture of integrity as more important in shaping the ethics of police officers than hiring the ‘right’ people. Police professionalism requires that today’s law enforcement officers adhere to ethical codes and standards established by the profession. Police professionalism places important limits on the discretionary activities of individual enforcement personnel and helps officers and the departments they work for gain the respect and regard of the public they police. The dangers of police work are many and varied. They consist of violent victimization, disease, exposure to biological or chemical toxins, stressful encounters with suspects and victims, and onthe-job fatigue. Stress-management programs, combined with department policies designed to reduce exposure to dangerous situations and agency practices that support officers’ needs, can help combat the dangers and difficulties that police officers face in their day-to-day work. Law enforcement officers are authorized to use the amount of force that is reasonable and necessary in a particular situation. Many officers have encounters where the use of force is appropriate. Nonetheless, studies show that the police use force in fewer than 20% of adult custodial arrests. Even in instances where force is used, police officers primarily use weaponless tactics. Excessive force is the application of an amount or frequency of force greater than that required to compel compliance from a willing or unwilling subject. Police discretion refers to the opportunity for police officers to exercise choice in their 62 Copyright © 2024 Pearson Education, Inc.

proper and adequate training to their personnel, and by creating regulations limiting employee authority. Because civil lawsuits against police probably will not decline in number, most police departments have started to carry liability insurance to protect themselves against the financial damages of losing a large civil suit.

CHAPTER 8 The Courts: Structure and Participants CHAPTER OUTLINE In the United States, there are two judicial systems. One consists of state and local courts established under the authority of state and local governments. The other is the federal court system, created by Congress under the authority of the U.S. Constitution. This dual-court system historically results from general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. A typical state court system consists of trial courts of limited jurisdiction, trial courts of general jurisdiction, and appellate courts – usually including a state supreme court. State courts have virtually unlimited power to decide nearly every type of case, subject only to limitations imposed by the U.S. Constitution, their own state constitutions, and state law. It is within state courts that the large majority of criminal cases originate. The federal court system consists of three levels: U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court. U.S. district courts are the trial courts of the federal system and are located principally in larger cities. They decide only those cases over which the Constitution gives them authority. The highest federal court, the U.S. Supreme Court, is located in Washington, D.C., and hears cases only on appeal from lower courts. The courtroom work group comprises professional courtroom personnel, including the judge, the prosecuting attorney, the defense counsel, the bailiff, the local court administrator, the court reporter, the clerk of court, and expert witnesses. Also present in the courtroom for a trial are “outsiders”—nonprofessional courtroom participants like witnesses and jurors. The courtroom work group is guided by statutory requirements and ethical considerations, and its members are generally dedicated to bringing the criminal trial and other courtroom procedures to a successful close. This chapter describes the role that each professional participant plays in the courtroom. The judge, for example, has the primary duty of ensuring a fair trial—in short, seeing that justice prevails. Nonprofessional courtroom participants include lay witnesses, jurors, the victim, the defendant, and spectators and members of the press. Nonjudicial courtroom personnel, or outsiders, may be unwilling or inadvertent participants in a criminal trial. 74 Copyright © 2024 Pearson Education, Inc.

5. Who are the nonprofessional courtroom participants, and what are their roles?     

Lay witnesses provide nonexpert testimony, such as eyewitness testimony. Jurors have the role of the arbiters of facts presented at trial. The victim works with the prosecutor to obtain a conviction. The defendant wants to defend themselves against the charges. Spectators and the press may be present at trial but have no formal role.

CHAPTER 9 Pretrial Activities and the Criminal Trial CHAPTER OVERVIEW This chapter describes the criminal trial process and the court-related activities that take place before the trial begins. Pretrial activities include the first appearance, which involves appointment of counsel for indigent defendants and consideration of pretrial release; the preliminary hearing to determine whether there is probable cause to hold the defendant; the filing of an information by the prosecutor or the return of an indictment by the grand jury; and arraignment, at which the defendant may enter a plea. Guilty pleas, when they are made, are often not as straightforward as they might seem and are typically arrived at only after complex negotiations known as plea bargaining. The criminal trial involves an adversarial process that pits the prosecution against the defense. Trials are peer-based fact-finding processes intended to protect the rights of the accused while disputed issues of guilt or innocence are resolved. The primary purpose of a criminal trial is to determine whether the defendant violated the criminal law of the jurisdiction in which the court has authority. A criminal trial has eight stages: trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations, and verdict. Each is described in detail in this chapter. At least a few experts have suggested the training and use of a cadre of professional jurors, versed in the law and in trial practice, who could insulate themselves from media portrayals of famous defendants and who would resolve questions of guilt or innocence more on the basis of reason than emotion. The American court system has been called into question by some well-publicized trials of the last two decades, which have demonstrated apparent weaknesses in the trial process. Some people suggest that court unification might help address a number of today’s problems by reducing the number of jurisdictions, resulting in more uniform procedures. CHAPTER OBJECTIVES After reading this chapter, you should be able to: 1. Describe pretrial steps and activities. 2. State the purpose of the criminal trial. 86 Copyright © 2024 Pearson Education, Inc.

CHAPTER 10 Sentencing CHAPTER OVERVIEW The goals of criminal sentencing include retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution corresponds to the just deserts model of sentencing, which holds that offenders are responsible for their crimes. Incapacitation seeks to protect innocent members of society from offenders who might harm them if not prevented from doing so. The goal of deterrence is to prevent future criminal activity through the example or threat of punishment. Rehabilitation seeks to bring about fundamental changes in offenders and their behavior to reduce the likelihood of future criminality, and restoration seeks to address the damage done by crime by making the victim and the community “whole again.” The indeterminate sentencing model is characterized primarily by vast judicial choice. It builds on the belief that convicted offenders are more likely to participate in their own rehabilitation if such participation will reduce the amount of time that they have to spend in prison. Structured sentencing is largely a child of the just deserts philosophy that grew out of concerns with proportionality, equity, and social debt—all of which this chapter discusses. Numerous different types of structured sentencing models have been created, including determinate sentencing, which requires that a convicted offender be sentenced to a fixed term that may be reduced by good time or gain time, and voluntary/advisory sentencing, which consists of recommended sentencing guidelines that are not required by law, are usually based on past sentencing practices, and are meant to guide judges. Mandatory sentencing, another form of structured sentencing, requires clearly enumerated punishments for specific offenses or for habitual offenders convicted of a series of crimes. The applicability of structured sentencing guidelines has been called into question by recent U.S. Supreme Court decisions including U.S. v. Booker (2004), which held that guidelines developed by the U.S. Sentencing Commission should be considered advisory rather than mandatory. Just deserts and get-tough-on-crime policies have increased prison populations to the point of overflowing, adding to budget crises that both the federal and state governments have been facing for the past couple of decades. Prison population in the United States have grown far faster than rates of serious violent and property crime, leading to calls for changes in some laws, and for the implementation of alternative forms of criminal sentencing. Alternative sentences include the use of court-ordered community service, home detention, day 95 Copyright © 2024 Pearson Education, Inc.

reporting, drug treatment, psychological counseling, victim–offender mediation, or intensive supervision in lieu of other, more traditional sentences such as imprisonment and fines. Numerous questions have been raised about alternative sentences, including questions about their impact on public safety, the cost-effectiveness of such sanctions, and the long-term effects of community sanctions on people assigned to alternative programs. Alternative sentences are closely linked to a strategy of justice reinvestment, whereby monies saved through alternative sentencing can be reinvested in other aspects of the justice system. Probation and parole officers routinely conduct presentence investigations to provide information that judges may use in deciding on the appropriate kind or length of sentence for convicted offenders. Historically, criminal courts have often allowed victims to testify at trial but have otherwise downplayed the experience of victimization and the suffering it causes. A new interest in the experience of victims, beginning in the 1970s in this country, has led to a greater legal recognition of victims’ rights, including a right to allocution (the right to be heard during criminal proceedings). Many states have passed victims’ rights amendments to their constitutions, although a federal victims’ rights amendment has yet to be enacted. The Crime Victims’ Rights Act of 2004 established statutory rights for victims of federal crimes and gives them the necessary legal authority to assert those rights in federal court. Victim services agencies also provide assistance for crime victims, to include things such as information and referrals, legal an victims’ rights assistance, financial and material assistance, emotional support and safety, medical and physical health assistance, and other services. The four traditional sentencing options identified in this chapter are fines, probation, imprisonment, and—in cases of especially horrific offenses—death. The appropriateness of each sentencing option for various types of crimes is discussed, and the pros and cons of each were examined. Arguments for capital punishment identified in this chapter include revenge, just deserts, and protection of society. The revenge argument builds upon the need for personal and communal closure. The just deserts argument makes the straightforward claim that some people deserve to die for what they have done. Societal protection is couched in terms of deterrence, as those who are executed cannot commit future crimes, and execution serves as an example to other would-be criminal offenders. Arguments against capital punishment include findings that death sentences have been imposed on innocent people, that the death penalty has not been found to be an effective deterrent, that it is often arbitrarily imposed, that it tends to discriminate against powerless groups and individuals, and that it is very expensive because of the numerous court appeals involved. Opponents also argue that the state should recognize the sanctity of human life.

in the 1970s, as grassroots organizations worked to inform the public and politicians about the plight of crime victims. One result of this pressure was the 1982 President’s Task Force on Victims of Crime. The Task Force opened a floodgate of legislative changes that have since been implemented to assist crime victims. Among the changes is an expansion of the role of the victim in criminal justice proceedings. Victims, for example, are able to provide victim-impact statements, and the constitutional amendments being considered will increase their involvement in the process even further. 8. What are four modern sentencing options? Under what circumstances might each be appropriate? The four traditional sentencing options are fines, probation, imprisonment, and death. The option selected usually depends on the severity of the offense and the background characteristics of the defendant. Often two or more of these options are combined. 9. Outline the major arguments on both sides of the capital punishment debate. The main arguments against capital punishment include:  It is unconstitutional  Innocent people have been executed  There is a lack of proven deterrence  The imposition of the death penalty is arbitrary  The death penalty discriminates against certain ethnic and racial groups  There are concerns regarding the methods used  It is expensive  Human life is sacred The main arguments in favor of capital punishment include:  Just deserts  Revenge and retribution  Social protection and deterrence  Closure for the victim’s family and friends  It speaks for the victim

CHAPTER 11 Probation, Parole, and Reentry CHAPTER OVERVIEW Probation, simply put, is a sentence of imprisonment that is suspended. Its goal is to retain some control over criminal offenders while using community programs to help rehabilitate them. Probation, a court-ordered sanction, is one form of community corrections (also termed community-based corrections) – that is, a sentencing style that depends less on traditional confinement options and more on correctional resources available in the community. John Augustus, a Boston shoemaker, is generally recognized as the world’s first probation officer. By 1925, all 48 states had adopted probation legislation. In that same year, the federal government enacted legislation enabling federal district court judges to appoint paid probation officers and to impose probationary terms. Parole is the conditional early release of a convicted offender from prison. It is a reentry strategy with a primary purpose of returning offenders gradually to productive lives. Parole differs from probation in that parolees, unlike probationers, have been incarcerated. Parole supported the concept of indeterminate sentencing, which held that an incarcerated person could earn early release through good behavior and self-improvement. Twelve especially significant U.S. Supreme Court decisions, each of which was discussed in this chapter, provide the legal framework for probation and parole supervision. The 1987 case of Griffin v. Wisconsin may be the most significant. In Griffin, the Supreme Court ruled that probation officers may conduct searches of a probationer’s residence without either a search warrant or probable cause. Other important court decisions include the 1998 case of Pennsylvania Board of Probation and Parole v. Scott, in which the Court declined to extend the exclusionary rule to apply to searches by parole officers, and the 2001 case of U.S. v. Knights, which expanded the search authority normally reserved for probation and parole officers to police officers under certain circumstances. Probation/ parole work consists primarily of four functions: (1) presentence investigations, (2) other intake procedures, (3) diagnosis and needs assessment, and (4) client supervision. The tasks performed by probation and parole officers are often quite similar, and some jurisdictions combine the roles of both into one job. Intermediate sanctions, which are sometimes termed alternative sentencing strategies, employ sentencing alternatives that fall somewhere between outright imprisonment and simple 110 Copyright © 2024 Pearson Education, Inc.

CHAPTER 12 Prisons and Jails CHAPTER OVERVIEW The growth in American prison populations during the late 1900s was brought about by a system-wide overemphasis on drug-related offenses—an emphasis that tended to imprison mostly Black youths with low income and little education who were rarely dangerous. Prisons today are largely classified according to security level, such as maximum, medium, and minimum security. Most contemporary American correctional facilities are medium or minimum security. Although the goals of recidivism and deterrence are still important in the minds of corrections administrators, today’s prisons still tend to warehouse inmates awaiting release. Public disappointment with high rates of recidivism produced a prison system today that focused on the concept of just deserts and produced an era of mass incarceration. Overcrowded facilities are still the norm in many jurisdictions, although a nationwide effort is now under way to reduce the size of prison populations everywhere. In contrast to prisons, which are long-term confinement facilities designed to hold those who have been sentenced to serve time for committing crime, jails are short-term confinement facilities whose traditional purpose has been to hold those awaiting trial or sentencing. Inmates who have been tried and sentenced may also be held at jails until their transfer to a prison facility, and today’s jails sometimes hold inmates serving short sentences of confinement. The emergence of direct-supervision jails, in which traditional barriers between inmates and staff have been mostly eliminated, seems to have reduced the incidence of jail violence and can be credited with improving the conditions of jailed inmates in jurisdictions where such facilities operate. Until recently, the use of privately run correctional facilities, or private prisons, has grown in number as the movement toward the privatization of correctional facilities gained steam. Private prisons, operated by for-profit corporations, hold inmates on behalf of state governments or the federal government and provide for their care and security. In 2016, the federal Bureau of Prisons moved to end the use of private correctional facilities in the federal system, saying that they were not meeting their goals. A year later, however, the Trump administration reversed direction. It is likely that private prisons will remain a part of the correctional landscape in America for some time to come. CHAPTER OBJECTIVES 119 Copyright © 2024 Pearson Education, Inc.

After reading this chapter, you should be able to: 1. Describe the growth of American prisons. 2. Describe the purpose and major characteristics of today’s prisons. 3. Summarize the role jails currently play in American corrections and the issues jail administrators face. 4. Describe the current and likely future roles of private prisons. LECTURE OUTLINE I.

Introduction

II.

The Emergence of Prisons  



Teaching Note: Describe prisons as long-term confinement facilities in which convicted criminal offenders serve out their sentences. Differentiate prisons from jails. Teaching Note: Explain that prisons are a relatively new invention, and that before the development of prisons, physical punishments were primarily used to penalize criminal offenders. Lead a discussion as to whether corporal punishment might serve a purpose in the modern criminal justice system. Teaching Note: Point out that early punishments often included public humiliation, or shame. Link this back to the modern-day use of shaming as a punishment, discussed in Chapter 10. Teaching Note: Refer to Figure 12-1 and ask students what factors may have contributed to the huge increase in prison populations during the past few decades. A.

 

III.

The Decarceration Era

Teaching Note: Explain the concept of mass incarceration and discuss the problems created by incarcerating ever larger numbers of individuals. Teaching Note: Emphasize that evidence-based corrections is linked to the use of evidence-based practices in other parts of the criminal justice system. Refer back to the information on evidence-based practices in criminal justice found in Chapter 1, as well as the discussion of evidence-based policing in Chapter 4, and evidence-based practices in probation and parole in Chapter 11. Prisons Today

protected. Further, the U.S. Supreme Court enforces them in its interpretation of those constitutional mandates. Inmates have rights as well, provided that the legitimate needs of the prison for security, custody, and safety are not compromised. Answers should also review some of the cases discussed in the text and in Table 13-4. 7. What are some of the major issues that prisons face today? What new issues might the future bring? Answers should discuss the problems involved with the special needs of older offenders and the unique needs of inmates with neurodivergence and inmates with intellectual disabilities. Answers should also discuss the possible impact of terrorism on corrections, as well as the role of correctional personnel in antiterrorist efforts. Answers regarding new issues that may be seen in the future will vary.

CHAPTER 14 Justice-Involved Youth CHAPTER OUTLINE Adolescence is a distinct, but transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. Adolescents differ from adults and children in three important ways that lead to differences in behavior: (1) adolescents lack mature capacity for self-regulation in emotionally charged contexts relative to adults; (2) adolescents have a heightened sensitivity to proximal external influences, such as peer pressure and immediate incentives, relative to children and adults; and (3) adolescents show less ability than adults to make judgments and decisions that require future orientation. The combination of these three cognitive patterns accounts for the tendency of adolescents to prefer and engage in risky behaviors. Studies of adolescent development show that most chronic juvenile offenders begin their delinquency careers before age 12, and some as early as age 10. Under today’s laws, children occupy a special status that is tied closely to cultural advances that occurred in the Western world during the past 200 years. Before the modern era, children who committed crimes received no preferential treatment and were adjudicated, punished, and imprisoned alongside adults. Beginning a few hundred years ago, England, from which we derive many of our legal traditions, adapted the principle of parens patriae. That principle allowed the government to take the place of parents in dealing with children who broke the law. Around the middle of the nineteenth century, the child-savers movement began in the United States. Child savers espoused a philosophy of productivity and eschewed idleness and unprincipled behavior. Not long afterward, the 1899 codification of Illinois juvenile law became the model for juvenile court statutes throughout the United States. It created a juvenile court separate in form and function from adult criminal courts and based on the principle of parens patriae. To avoid the lasting stigma of criminality, the term delinquent, rather than criminal, began to be applied to young adjudicated offenders. Soon, juvenile courts across the country focused primarily on the best interests of the child as a guide in their deliberations. Today, juveniles who have been charged with an offense or adjudicated for a violation of the law are sometimes referred to as “justice-involved youth.” Important U.S. Supreme Court decisions of special relevance to the handling of juveniles by the justice system include (1) Kent v. U.S. (1966), which established minimal due-process standards for juvenile hearings; (2) In re Gault (1967), in which the Court found that a child has many of the same due-process rights as an adult; (3) In re Winship (1970), which held that the 136 Copyright © 2024 Pearson Education, Inc.