Criminal justice
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Tiitle Contents PART ONE The Foundations of Crime and Justice 1 “Criminal Justice” in America The Emergence of “Criminal Justice” “Law and Order” and the “War on Crime” The President’s Crime Commission The Omnibus Crime Control and Safe Streets Act of 1968 The Law Enforcement Assistance Administration Models of Criminal Justice The Due Process Model The Crime Control Model Key Factors in Criminal Justice Today The War on Drugs Women, Crime, and Criminal Justice The Criminal Justice “Nonsystem” Victims and Justice Criminal Justice and the Media Terrorism, Criminal Justice, and the Constitution International and Cross-Cultural Perspectives Organization of This Book Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 2 Crime and the Nature of Law The Nature of Crime Crime as a Social Construct Crime as a Legal Construct Criminal Law Common Law Other Sources of Criminal Law Theories of Crime Causation Biological Theories Sociocultural Theories Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 3 Legal and Behavioral Aspects of Crime Legal Categories of Crime Criminal Homicide Assault Robbery Arson Burglary Property Offenses Sex Offenses Drug Law Violations Crimes Against Public Order and Safety Major Forms of Crime Domestic Violence Hate Crime White-Collar and Corporate Crime Organized Crime Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 4 Criminal Statistics and the Extent of Crime The Uniform Crime Reports Structure and Content The Extent of Crime Reliability of Estimates The UCR: An Evaluation Victim Survey Research The National Crime Victimization Survey Applications and Limitations of Victimization Surveys Self-Reported Criminal Behavior Other Sources of Data on Crime and Justice National Survey of Drug Use and Health Monitoring the Future Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 5 The Process of Justice: An Overview Criminal Due Process Trial by Ordeal Inquisitorial versus Adversarial Justice The Law of the Land The Bill of Rights Nationalization of the Bill of Rights Due Process of Law in the Early 2000s Substantive Due Process Procedural Due Process The Criminal Justice Process Prearrest Investigation Arrest Booking Initial Appearance Preliminary Hearing Determination of Formal Charges Arraignment The Trial Process Sentencing Appeals and Release Criminal Justice as a “System” Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources PART TWO The Police 6 Police Systems in the United States:History and Structure The Emergence of Modern Police Magistrates, Constables, Beadles, and Thief-Takers Henry Fielding and the Bow Street Runners Patrick Colquhoun and Sir Robert Peel Law and Order in Early America The Trans-Mississippi West Policing the Metropolis Police Systems in the United States Federal Law Enforcement Agencies Department of Justice Department of Homeland Security Treasury Department Department of the Interior Department of State U.S. Postal Service Other Federal Law Enforcement Agencies State Police Agencies County and Municipal Policing Police in the Private Sector Volunteer Police and the Vigilante Tradition Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 7 Enforcing the Law and Keeping the Peace: The Nature and Scope of Police Work The Functions of Police The Role of Police The Right to Use Force The Police Bureaucracy Division of Labor Chain and Units of Command Rules, Regulations, and Discipline The Organization of Policing Patrol Detective Work Specialized Police Units Community Policing Women in Policing The Emergence of Women Police The Equal Opportunity Movement for Women in Policing The Current Status of Women in Policing Police Discretion and Selective Law Enforcement Situations Requiring Discretion Full versus Selective Enforcement Factors in the Decision to Arrest Command Discretion The Police Subculture The Police Personality Sources of Stress Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 8 The Law of Arrest, Search, and Seizure: Police and the Constitution Search and Seizure Search Warrants Probable Cause Warrantless Search Search Incident to Arrest Stop-and-Frisk Automobile Searches Fresh Pursuit Consent Searches Other Warrantless Searches The “Plain View” Doctrine Racial Profi ling The Exclusionary Rule Weeks v. United States Wolf v. Colorado Mapp v. Ohio Custodial Interrogation v. Twining New Jersey Brown v. Mississippi The Prompt Arraignment Rule Confessions and Counsel Miranda v. Arizona Show-Ups and Lineups DNA and Other Nontestimonial Exemplars Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 9 Police Misconduct and Police Integrity Police Corruption Meals and Services Kickbacks Opportunistic Theft Planned Theft and Robbery The “Shakedown” Protection Case Fixing Private Security Cops and Coppers Patronage Explanations of Police Corruption The Society-at-Large Explanation The Structural Explanation The Rotten-Apple Explanation Police Violence Police Brutality Deadly Force Tasers and Nonlethal Use of Force Controlling Police Misconduct Legislative Control Civilian Review Boards Police Control Police Integrity Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources PART THREE The Courts 10 The Structure of American Courts The Evolution of U.S. Courts State Courts State Court Infrastructure Levels of Jurisdiction in State Courts Courts of Limited Jurisdiction Major Trial Courts Appellate Courts Reform and Unifi cation of State Courts The Federal Judiciary U.S. Commissioner’s Courts and U.S. Magistrate’s Courts U.S. District Courts U.S. Courts of Appeals The U.S. Supreme Court Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 11 The Courtroom Work Group and the Right to Counsel The Courtroom Work Group Judges Prosecutors Defense Attorneys Bailiffs, Clerks, and Other Courtroom Regulars The Right to Counsel Powell v. Alabama Extending the Right to Counsel Restrictions on the Right to Counsel Legal Aid, Assigned Counsel, and Public Defenders Voluntary Defender Programs Assigned Counsel Systems Public Defenders Contract Systems Legal, Prosecutorial, and Judicial Misconduct: Aspects of the Criminal Justice Nonsystem Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 12 The Business of the Court: From First Appearance Through Trial Is Criminal Justice Chaotic? Bail and Pretrial Release The Right to Bail Discretionary Bail Setting The Bail Bond Business Criticisms of the Bail System Pretrial Detention Preventive Detention Release on Recognizance The Grand Jury Operation of the Grand Jury Grand Jury Procedure and the Supreme Court Grand Juries on Trial The Plea Not Guilty Guilty Nolo Contendere Insanity Statutes of Limitations Double Jeopardy Pretrial Motions Motion for Discovery Motion for Change of Venue Motion for Suppression Motion for a Bill of Particulars Motion for Severance of Charges or Defendants Motion for Continuance Motion for Dismissal Speedy and Public Trial The Supreme Court and Speedy Trial Speedy Trial and the States The Speedy Trial Act of 1974 The Right to a Public Trial The Jury The Right to a Trial by Jury Jury Selection The Venire The Voir Dire The Criminal Trial Opening Statements Presentation of the State’s Case Motion for Directed Verdict Presentation of the Defense’s Case Rebuttal and Surrebuttal Closing Arguments Charging the Jury Jury Deliberations Verdict and Judgment Posttrial Motions Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 13 Sentencing, Appeal, and the Judgment of Death Sentencing Sentencing Objectives Statutory Sentencing Structures Fines Imprisonment Other Sentencing Variations Disparities in Sentencing Sentencing Reform Truth in Sentencing The Sentencing Process The Death Penalty The Death Sentence, 1864–1967 Capital Punishment and Discrimination Cruel and Unusual Punishment The Death Penalty and the Supreme Court The Return of Capital Punishment Methods of Execution The Death Penalty Debate Capital Punishment at the Beginning of the Twenty-First Century Appellate Review The Defendant’s Right to Appeal The Prosecution’s Right to Appeal Appellate Review of Sentences The Appeal Process Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources PART Corrections FOUR 14 From Walnut Street to Alcatraz: The American Prison Experience Varieties of Punishment Origins of American Corrections Punishment in the Colonies Punishment versus Reformation The Classical School of Criminology American Prisons in Perspective The Walnut Street Jail The Separate System The Silent System Prison Industries The Reformatory Era The Twentieth-Century Industrial Prison The Federal Prison System Jails and Detention Centers Origins of American Jails Contemporary Jail Systems The Jail Population Jail Conditions Home Incarceration Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 15 Penitentiaries, Prisons, and Other Correctional Institutions: A Look Inside the Inmate World Types of Prisons Maximum-Security Prisons “Supermax” Prisons Medium-Security Prisons Minimum-Security Prisons Open Institutions Correctional Organization and Administration Prison Administration Prison Personnel Institutional Routines Prison Facilities Classifi cation Prison Programs Prison Discipline Sex in Prison Same-Gender Sex Sexual Assault Conjugal Visitation Coeducational Prisons The Inmate Social System Prisonization The Inmate Code Sources and Functions of the Inmate Social System Women in Prison Women’s Institutions Women and Children in Prison The Social Order of Women’s Prisons The Effectiveness of Correctional Treatment The Martinson Report Obstacles to Effective Correctional Treatment Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 16 Prison Conditions and Inmate Rights Attica, 1971 Conditions at Attica The Revolt The Assault In Pursuit of Prisoners’ Rights The Writ of Habeas Corpus Civil Rights and Prisoners’ Rights Legal Services in Prison Johnson v. Avery Jailhouse Lawyers Constitutional Rights and Civil Disabilities Religion Mail and Media Interviews Rehabilitative Services Medical Services Prisoner Labor Unions Prison Discipline and Constitutional Rights The Arkansas Prison Scandal Solitary Confi nement The Lash Prison Disciplinary Proceedings The Conditions of Incarceration The Texas Prison Lawsuit The New Mexico Inmate Massacre Future Prospects Reform versus Law and Order Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources 17 Probation, Parole, and Community-Based Correction Criminal Justice Diversion The Development of Diversion Patterns of Diversion The Impact of Diversion Community Service Programs Probation The Nature of Probation The Probation Philosophy Suspended Sentences and Conditional Release The Presentence or Probation Investigation Conditions of Probation Restitution Programs Probation Services Shock Probation Intensive Probation Supervision Probation Violation and Revocation The Effectiveness of Probation Parole The Origins of Parole Parole Administration Eligibility for Parole Conditions of Parole Parole Supervision and Services Parole Violation and Revocation Parole Discharge The State of Parole in the United States Trends in Community-Based Correction Furlough and Temporary Release Should Parole Be Abolished? What Works and What Does Not with Prisoner Reentry Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources PART FIVE Juvenile Justice 18 Juvenile Justice: An Overview The Nature of Juvenile Justice The Emergence of Juvenile Justice Parens Patriae Modern Juvenile Courts The Processing of Juvenile Offenders Police Discretion Petition and Intake Detention and Bail Adjudication and Disposition Juveniles and the Constitution Due Process and Juvenile Proceedings Police Encounters and Juvenile Rights New Jersey v. T.L.O. Critical Issues in Juvenile Justice Status Offenders Juveniles in Adult Courts Juveniles and Life without Parole Children on Death Row Juvenile Detention Juvenile Corrections Is “Child Saving” Dead? Critical Thinking in Criminal Justice Summary Key Terms Issues for Discussion Media and Literature Resources GLOSSARY ENDNOTES CREDITS CASE INDEX NAME INDEX SUBJECT INDEX
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