Introduction to Criminal Justice, First Edition
Table of Contents
Part 1: Crime, Law, Criminals, and Victims
Chapter 1 - Criminal Justice in Society
Themes in Criminal Justice
The Problem of Crime
Thinking About Crime, Defining the Crime Problem, The Problem of
White Collar Crime, Changing Demands on the Criminal Justice System
Controlling Crime in a Democratic Society
Discretion and Criminal Justice
The Criminal Justice System
Police, Courts, Corrections, Careers in Criminal Justice
The Criminal Justice Process
Initial Contact with the Police, Investigation, Arrest, Booking, Charging,
Grand Jury, Initial Appearance, Preliminary Hearing and Arraignment,
Bail/Detention, Plea Bargains, Trial, Sentencing, Postconviction
Remedies, Corrections, Institutional Release and Postrelease Supervision
Perceptions and Criminal Justice
Defining Situations, What are Perceptions?
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 2 - Criminal Law: The Foundation of Criminal Justice
Origins of Criminal Law
Early Codifications of Law, Common Law and the Concept of Stare
Decisis, Contemporary Sources of Criminal Law
Conceptualizing Crime
Relation of Civil Law to Criminal Law, Seriousness of Crime, Legal
Definition of Crime
Functions of Criminal Law
Defining Socially Unacceptable Behavior, Controlling Behavior and
Maintaining Social Order, Regulating the Punishment of Behavior
Elements of a Crime
Actus Reus, Mens Rea, Concurrence of Actus Reus and Mens Rea
Criminal Responsibility
Self-Defense, Duress, Age, Mistake, Necessity, Consent, Intoxication,
Insanity, Legal Exemptions
Due Process and the Rights of the Accused
The Bill of Rights, The Fourteenth Amendment, Incorporation of the Bill
of Rights
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 3 – Measuring Crime
Measures of Crime
Uniform Crime Reports, Victimization Surveys, Self-Report Studies,
Comparing the UCR, NCVS, and NYS, Sourcebook of Criminal Justice
Statistics
Extent and Nature of Crime
Ecological and Seasonal Differences, Age and Crime, Gender and Crime,
Race and Crime, Social Class and Crime
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 4 – Theory and Policy
Supernatural Explanations
The Classical and Neoclassical Schools of Criminology
Cesare Beccaria, Jeremy Bentham, Demise of the Classical School, Policy
Applications of the Classical and Neoclassical Schools
The Positive School
Biological Positivism, Psychological Positivism, Sociological Positivism
The Critical School
Labeling Theory, Conflict Theory, Policy Applications of the Critical
School
Female Criminality
Biological Explanations, Psychological Explanations, Sociological
Explanations
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 5 – Crime Victims
The Study of Crime Victims
The Extent and Nature of Victimization
Group Differences, Victimization Trends, Cumulative Risks, International
Survey of Crime Victims
Costs of Victimization
Economic Costs, Psychological Costs
Types of Victims
Children, Teenagers, The Elderly, Women, Minorities, Workplace Crime
Victims
Accounting for Criminal Victimization
Fixing Responsibility, Victim Facilitation, Victim Precipitation, LifestyleExposure Theory
Crime Victims and the Criminal Justice System
Police, Prosecutors, Defense Attorneys, Judges, Parole Boards
Victim-Oriented Reforms
Restitution and Compensation Programs, Victim Impact Statement
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Part 2: Police
Chapter 6 – Police History and Systems
Our English Heritage
The Kin Police System, The Frankpledge Police System, The ParishConstable Police System, The Uniformed Police System
American Policing
The 1700s to the 1790s: The Origin of Organized Policing, The 1800s to
the 1890s: Growth, Brutality and Corruption, The 1900s to the 1930s:
Building Organizations and Technology, The 1940s to the 1980s: Testing
the Reform Model, The 1990s and Beyond: A Quiet Revolution
Police Systems
Public Law Enforcement, Private Security Police, International Policing:
Interpol
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 7 – Police Organization and Functions
The Structure of Police Organizations
Formal Structure: Police Bureaucracy, Informal Structure: The Police
Subculture and Police Personality
Functions of the Police
Police Discretion, Order Maintenance, Service, Law Enforcement
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 8 – Police and the Law
Policing in a Democratic Society
The Exclusionary Rule
Establishing Probable Cause, Searches and Seizures
Warrantless Searches
Search Incident to Arrest, Stop and Frisk, Automobile Searches, Plain
View, Open Fields, Consent Searches, Abandoned Property, High-Speed
Pursuit, Boarder Searches, Electronic Surveillance
Arrest
The Arrest Warrant, Warrantless Arrests, Arrests in the Home
Booking
Lineups
Interrogation and Confessions
Coerced Confessions, The Nature of Coerced Confessions, Confessions
and Counsel, In Support of Miranda, Erosion of Miranda
Politics, the Police, and the Law
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 9 – Critical Issues in Policing
Discretion
The Reason for Discretion, Factors Influencing Discretion, Pros and cons
of Discretion, Controlling Discretion
Corruption
A Continuum of Corruption, Corrupt Police Officers, Corrupt Police
Departments, Explaining Corruption, Controlling Police Corruption
Force
Police Brutality, Deadly Force, High-Speed Pusuits
Stress
Stress Inherent in Police Work, Internal Stressors, External Stressors,
Impact of Stress, Controlling Stress
Women in Policing
History of Women in Policing, Policewomen Today
Minorities in Policing
History of Minorities in Policing, Redressing Problems in Recruiting and
Promoting Minorities
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Part 3: The Courts
Chapter 10 – The Criminal Courts: History, Structure, and Participants
History of Criminal Courts
The Emergence of Criminal Courts, The American Colonial Court
System, Post-Colonial Developments, Slave Courts, Frontier Justice
Jurisdiction of the Criminal Courts
The Dual System of Courts
State Court Systems
Courts of Limited Jurisdiction, General Trial Courts, Intermediate
Appellate Courts, Courts of Last Resort, Unification of Courts
The Federal Courts
U.S. Magistrate Judges, United States District Courts, United States
Courts of Appeals, United States Supreme Court
Court Participants
Clerks, Bailiffs, Reporters, and Court Administrators
The Judge
The Role and Responsibilities of Judges, Background of Judges, Selection
of Judges, Removing Judges from Office
The Prosecutor
Selection of Prosecutors, Responsibilities of the Prosecutor, Prosecutorial
Discretion
Defense Attorneys
The Role of the Defense Attorney, The Right to Counsel, Representing
Indigent Defendants, Competence of Defense Attorneys
Courtroom Workgroups
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 11 – Prosecuting the Accused: From Initial Appearance to Plea Bargain
Initial Appearance
Notification of Defendant’s Rights, Timing of the Initial Appearance, The
48-Hour Rule
The Grand Jury
History of the Grand Jury, The Grand Jury Today, Selection of Jury
Members, Grand Jury Hearings, Criticisms of the Grand Jury System
The Prosecutor’s Charging Decisions
Influences on the Charging Decision, Models of Prosecutor Charging,
Public Perceptions of Prosecutors’ Charging Decisions, Patterns of
Charging
Preliminary Hearings
The Format of Preliminary Hearings, Discovery, Pretrial Release,
Preventive Detention, Predicting Dangerousness
Entering Pleas
The Guilty Plea, The Plea of Nolo Contendere, The Not Guilty Plea, The
Plea of Not Guilty by Reason of Insantiy, Can a Defendant Withdraw a
Not Guilty Plea?
Plea Bargaining
History of Plea Bargaining, Types of Bargains, The Judge’s Role in Plea
Bargains, Are Plea Bargains Constitutional?, Who Wins with Bargained
Justice?, Who Loses with Bargained Justice?, Attempts to Control Plea
Bargaining
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 12 – The Trial
Pretrial Motions
Motions for Dismissal of Charges, Motion for Change of Venue, Motion
for Severance of Defendants or Charges, Motion for Discovery, Motion
for a Bill of Particulars, Motion for Suppression of Evidence, Motion of
Intention to Provide Alibi, Motion for Determination of Competency,
Motion for Continuance
The Right to a Speedy, Public, and Fair Trial
The Right to a Speedy Trial, The Courts, the Public and the Press,
Cameras in the Courtroom
Bench Trial versus Jury Trial
Constitutional Right to a Jury Trial, Size of Juries, Selecting the Jury
The Trial
Opening Statements, Presentation of Evidence, Closing Arguments,
Judge’s Instructions to the Jury, Jury Deliberations, Judgment or Verdict
Appeal of Verdict
The Right to Appeal, The Appeal Process
Other Postconviction Remedies
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 13 – Sentencing
The Goals of Sentencing
Retribution, Deterrence, Incapacitation, Rehabilitation
Types of Sentences
Intermediate Sentences, Indeterminate Prison Sentences, Determinate
Prison Sentences, Concurrent, Consecutive and Mandatory Sentences
Arriving at an Appropriate Sentence
The Presentence Investigation Report, The Sentencing Hearing, The Role
of the Victim in Sentencing
Disparity and Discrimination in Sentencing
Disparities and Sentencing, Discrimination and Sentencing, Consequences
of Disparities and Discrimination in Sentencing, Race and Ethnicity,
Gender, Socioeconomic Status, Age
Capital Punishment
The Supreme Court and Capital Punishment, Characteristics of Death
Row Inmates, Public Opinion and the Death Penalty, Arguments Over
Capital Punishment
Appeal of Sentence
Grounds for Appellate Review of Sentence, The Appeal Process
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Part 4: Corrections
Chapter 14 – Corrections History and Structure
Colonial Punishments
The Death Penalty, Fines and Corporal Punishment, Opposition to
Corporal Punishment
Early American Prisons
The Pennsylvania Model, The New York Model, Comparing the Two
Models
The Reformation of Penology
Creation of the Mark System, The Irish System, The Birth of Reformatory,
The Elmira Reformatory
The Rebirth of the Prison
Emergence of the Medical Model, Other Correctional Innovations
Structure of Modern Prisons
Prison Security Levels, Coeducational Prisons, Boot Camps, Military
Prisons
The Federal Prison System
Early History of Federal Prisons, Federal Bureau of Prisons
Privatization of Correctional Services
Prisons for Women
English Servitude, Colonial Treatment, Reform Efforts
Jail Systems
The Colonial Jail, The Modern Jail
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 15 – Prisons
Prisons and Prisoners
Classifications of Prisoners, Characteristics of Prisons, The Inmate
Population, Prison Programs
Managing Prisons
Prison Personnel, Custody Staff, Female Correctional Officers, Prison
Discipline, Managing Special Populations
Life in Prison
Inmate Order, Inmate Subculture, Prison Gangs, Coping in Prison, Sex in
Prison, Prison Violence
Women in Prison
Social Order of Women’s Prisons, Programs for Women, Mothers in
Prison
Prisoners’ Rights
Freedom of Religion, The Right to Privacy, Mail and Access to the Media,
Access to Courts and Legal Services, Protection Against Cruel and
Unusual Punishment, Medical Care, Prison Conditions
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Chapter 16 – Corrections in the Community
Probation
The Emergence of Probation, The Rationale Behind Probation, Probation
Administration, Assignment to Probation, Conditions of Probation,
Supervisory Styles, Specialized and Generalist Models of Probation,
Revocation of Probation, Effectiveness of Probation Supervision
Intermediate Sanctions
Intensive Probation Supervision, House Arrest and Electronic Monitoring,
Fines, Forfeitures, Restitution, Community Service
Parole and Other Prereleases
The Emergence of Parole, Types of Prison Release, Characteristics of
Offenders on Parole, Modern Parole Administration, Parole DecisionMaking, Leaving Prison, Parole Supervision, Revocation of Parole
Furloughs and Other Temporary Prison Releases
Furloughs, Work and Educational Release
Evaluating Community-Based Sanctions
Balancing Sanctions
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Part 5: Juveniles and Criminal Justice
Chapter 17 – Juveniles in the Justice Systems
The Legal Status of Juvenile Offenders
Early Control of Juvenile Crime, The Child Saving Movement, Status
Offenders, Juvenile Delinquency Today
Overview of the Juvenile Justice System
Arrest, Detention, Juveniles in Adult Jails, The Juvenile Court, Juvenile
Corrections
Waiver of Jurisdiction to Criminal Court
Reasons for Transferring Juveniles, Legal Criteria for Transfer, The
Transfer Process, Double Jeopardy, Who is Transferred?
Prosecuting Juveniles
Sentencing the Convicted Juvenile
Sentencing Alternatives, Severity of Sentences in Adult Court
The Juvenile Offender in Prison
Separating Juvenile and Adult Inmates in Prison, Adjusting to the
Institution
The Death Penalty and Juveniles
Characteristics of Juveniles on Death Row, Should Juvenile Offenders be
Executed?
Summary
Key Terms
Discussion Questions
Class Activities
Further Reading
Notes
Epilogue: Confronting Crime at the Turn of the Century – The Violent Crime Control
and Law Enforcement Act of 1994
Recent Federal Efforts to Control Crime
The Violent Crime Control and Law Enforcement Act of 1994
Police and Law Enforcement, Assault Weapons Ban and Other Gun
Provisions, “Three Strikes” Sentencing, Prisons and Prisoners, Death
Penalty, Youth and Crime, Violence Against Women, Crime Prevention
Final Comments
Notes
Appendix A: Constitution of the United States
Appendix B: Documents
Glossary
Legal Case Glossary and Index
Name Index
Subject Index