CliffsQuickReview Criminal Justice

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ISBN: 9780764585616 | 0764585614
Cover: Paperback
Copyright: 8/7/2000

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CliffsQuickReview course guides cover the essentials of your toughest subjects. Get a firm grip on core concepts and key material, and test your newfound knowledge with review questions.Whether you need a course supplement, help preparing for an exam, or a concise reference for the subject, CliffsQuickReview Criminal Justice can help. This guide covers the criminal justice system in the United States, with coverage on police powers, citizens' rights, and criminal law. In no time, you'll be tackling topics such as Rights consciousness and civil liberties Legal defenses and justifications for crimes Theories of punishment The causes and costs of police corruption Sentencing statutes and guidelinesCliffsQuickReview Criminal Justice acts as a supplement to your other learning materials. Use this reference in any way that fits your personal style for study and review - you decide what works best with your needs. You can flip through the book until you find what you're looking for - it's organized to gradually build on key concepts. You can also get a feel for the scope of the book by checking out the Contents pages that give you a chapter-by-chapter list of topics. Tabs at the top of each page that tell you what topic is being covered. Keyword in boldface type. Heading and subheading structure that breaks sections into clearly identifiable bites of information. "Great Debates" sections within each chapter.With titles available for all the most popular high school and college courses, CliffsQuickReview guides are comprehensive resources that can help you get the best possible grades.

Preface

xix

The Criminal Justice System

(12)

The Structure of Criminal Justice

(2)

The legislature

(1)

The judiciary

(1)

The executive branch

(1)

The major components of the justice system

(1)

The differences between federal and state justice systems

(1)

The first line of defense against crime

(1)

Criminal justice as a nonsystem

(1)

The Process of Criminal Justice

(4)

Rules

(1)

Discretion

(1)

Steps in the criminal justice process

(3)

The criminal justice funnel and the Constitution

(1)

The Politics of Criminal Justice

(3)

Politics of selecting decision makers

(1)

Politics of lawmaking

(1)

Politics and policing

(1)

Politics of prosecution

(1)

Politics of judicial decision-making

(1)

Politics of corrections

(1)

Politicization of criminal justice

(1)

Politics of stymie

(1)

Great Debates in Criminal Justice: Should the Crime Control Model or the Due Process Model Prevail?

(3)

The crime control model should prevail

(1)

The due process model should prevail

(2)

Evaluating the crime control and due process models

(1)

Criminal Justice in the U.S.

(12)

Citizen Participation

(2)

Lobbying elected officials

(1)

Influencing judicial policymaking

(1)

Raising public consciousness

(1)

Performing jury duty

(1)

Reporting crimes and testifying in criminal cases

(1)

Establishing and conducting mediation

(1)

Monitoring the criminal justice system

(1)

Providing statements about harm caused by criminals

(1)

Rights Consciousness and Civil Liberties

(4)

General versus specific rights

(1)

The Bill of Rights

(1)

The Fourteenth Amendment and due process

(1)

Earl Warren and the due process revolution

(1)

Due process rights

(1)

Individual versus group rights

(1)

Racial Disparities in American Criminal Justice

(2)

The meaning of ``racial disparity''

(1)

Types of racial disparities

(1)

The reasons racial disparities exist

(1)

Great Debates in Criminal Justice: Is the Criminal Justice System Racist?

(4)

The criminal justice system is not racist

(1)

The criminal justice system is racist

(1)

Understanding racism in criminal justice

(2)

Crime

(16)

Definitions of Crime

(2)

Misdemeanors and felonies

(1)

Crimes versus torts

(1)

State and federal crimes

(1)

Types of Crime

(1)

Part I Offenses

(6)

Sources of Information on Crime

(1)

The UCR

(1)

The NCVS

(1)

Crime Decreases

(1)

A strong economy

(1)

Changing demographics

(1)

Police manipulation of crime data

(1)

The decline in the crack market

(1)

A cautionary caveat

(1)

Drugs and Crime

(2)

The amount of illegal drug use

(1)

Drug laws

(1)

Alcohol abuse and crime

(1)

Guns and Crime

(2)

Gun ownership

(1)

Guns manufactured

(1)

Anti-gun lawsuits

(1)

Gun-control laws

(1)

Great Debates in Criminal Justice: Does Gun Control Reduce Crime?

(3)

Gun control does reduce crime

(1)

Gun control does not reduce crime

(1)

Evaluating gun control

(2)

Criminal Law

(12)

Sources of Criminal Law

(2)

Common law

(1)

Constitutions

(1)

Statutes and ordinances

(1)

Administrative rules with criminal penalties

(1)

Appellate court decisions

(1)

The Nature of Criminal Law

(1)

Criminal law versus civil law

(1)

Substantive versus procedural law

(1)

Functions of Criminal Law

(1)

Legal Elements of a Crime

(1)

No crime without law

(1)

No crime without a criminal act

(1)

No crime without intent

(1)

No crime without concurrence

(1)

Legal Defenses and Justifications for Crimes

(2)

Insanity

(1)

Entrapment

(1)

Self-defense

(1)

The Limits of Criminal Law

(2)

Legislators should not use criminal law to penalize harmless behavior

(1)

Legislators should not use criminal law if the penalty does more harm than the offense

(1)

Legislators should not include in criminal law prohibitions that the public does not support

(1)

Legislators should not use criminal law to condemn wicked acts

(1)

Great Debates in Criminal Justice: Should Drugs Be Legalized?

(3)

Drugs should be legalized

(1)

Drugs should not be legalized

(1)

Evaluating drug legalization

(1)

Development of the American Police

(18)

Policing Colonial America

(1)

The county sheriff

(1)

Fragmentation of law enforcement authority

(1)

Benefits and costs of fragmentation

(1)

Developing the New Police

(3)

Robert Peel and the ``Bobbies''

(1)

Adopting the London model

(1)

The first American police department

(1)

The problem of political control

(1)

The problem of corruption

(1)

The problem of police brutality and racial/ethnic discrimination

(1)

Frontier Justice

(1)

Progressive Police Reform

(3)

Civil service

(1)

Other recommended changes

(1)

Police as social workers

(1)

Police Professionalism

(1)

August Vollmer

(1)

O. W. Wilson

(1)

Crime Control Decades (1919-1959)

(2)

The Red Scare

(1)

Riots and police racism

(1)

Expansion of the federal role in law enforcement

(1)

J. Edgar Hoover and the Federal Bureau of Investigation (FBI)

(1)

Technological and administrative changes

(1)

Policing the Social Crises of the 1960s

(2)

Racism and the police

(1)

The due process revolution and the police

(1)

Street crime and the federalization of law enforcement

(1)

The resurgence of police unionism

(1)

Crime Control Revisited (1970s-1990s)

(2)

Controlling street crime

(1)

Controlling illegal drugs

(1)

The deja vu character of police brutality

(1)

The crime control counterrevolution

(1)

Law Enforcement Goes High-Tech

(2)

Advanced microphones

(1)

Closed circuit television cameras (CCTC)

(1)

Forward-looking infrared (FLIR)

(1)

Intelligent transportation systems (ITS)

(1)

Databases

(1)

DNA typing

(1)

Great Debates in Criminal Justice: Should Police Take DNA Samples from All Arrestees?

(3)

Police should take DNA samples from all arrestees

(1)

Police should not take DNA samples from all arrestees

(2)

Evaluating the expansion of DNA banking to include all arrestees

(1)

Police Function

(16)

The Nature of Police Work

(3)

Three functions

(1)

Major responsibilities

(1)

Factors shaping police work

(1)

Factors influencing discretionary decisions

(1)

Police Systems

(3)

Federal police agencies

(1)

Internationalization of law enforcement

(1)

State police

(1)

County police

(1)

Municipal police

(1)

Police Organization

(1)

The police bureaucracy

(1)

Quasi-military features

(1)

Police management styles

(1)

Police Strategies

(5)

Patrol

(1)

The Kansas City Preventive Patrol Experiment

(1)

Interpreting the Kansas City study

(1)

Proactive policing

(1)

Investigation

(1)

Special operations

(1)

Great Debates in Criminal Justice: Does Community Policing Prevent Crime?

(4)

Community policing does prevent crime

(1)

Community policing does not prevent crime

(1)

Evaluating community policing

(2)

Police Powers and Citizens' Rights

(20)

Criminal Procedure and the Constitution

(3)

Criminal procedure

(1)

Interpretation of the Constitution

(1)

Criminal procedure as a zero-sum game

(1)

The due process revolution and the crime control counterrevolution

(1)

The Right to Privacy

(9)

Searches

(1)

Search warrants

(1)

The standard of proof for a search warrant

(1)

Particularity of search warrants

(1)

How the police obtain and execute a search warrant

(1)

The Gates test

(1)

No-knock warrants

(1)

Electronic eavesdropping as a search

(1)

Conditions under which the government can use electronic eavesdropping

(1)

Searches without warrants

(2)

Arrests

(1)

The standard of proof for an arrest

(1)

The basic rules of arrest

(1)

Necessity for arrest warrants

(1)

Drug arrests

(1)

Arrests and domestic violence

(1)

Stops

(1)

Stop and frisk

(1)

Drug stops

(1)

The Exclusionary Rule

(1)

Weeks v. U.S. (1914)

(1)

Mapp v. Ohio (1961)

100

(1)

Erosion of Mapp

100

(1)

The Fifth Amendment's Right Against Self-Incrimination

100

(3)

The ban on forced confessions

101

(1)

Requirements for asserting the right against self-incrimination

101

(1)

Confessions and counsel

101

(1)

Miranda warnings

102

(1)

The erosion of Miranda

102

(1)

When a Miranda warning is required

103

(1)

When a Miranda warning isn't necessary

103

(1)

Great Debates in Criminal Justice: Are Citizen's Rights a Barrier to Justice?

103

(4)

The exclusionary rule and the Miranda warnings should be abolished

104

(1)

The exclusionary rule and the Miranda warnings should not be abolished

105

(1)

Evaluating the exclusionary rule and the Miranda rule

106

(1)

Police Problems

107

(14)

Police Perjury

107

(2)

``Dropsy''

107

(1)

The Mollen Commission

108

(1)

The blue wall of silence

108

(1)

Solutions for ``testilying''

109

(1)

Police Brutality

109

(4)

The incidence of police brutality

109

(1)

Race and brutality

110

(1)

Factors related to brutality

110

(1)

The problem officers

110

(1)

Stopping brutality through preventive administrative control

110

(1)

Stopping brutality through punitive administrative control

111

(1)

Civilian review

111

(1)

Civil lawsuits

112

(1)

Criminal prosecution

112

(1)

Independent auditors

113

(1)

Deadly Force

113

(1)

Racial disparities

113

(1)

Controlling deadly force

114

(1)

Police Corruption

114

(2)

The costs of police corruption

114

(1)

The causes of police corruption

115

(1)

Rooting out police corruption

115

(1)

Prosecuting corrupt police officers

115

(1)

Legislative control

116

(1)

Employment Discrimination

116

(1)

The nature of the problem

116

(1)

Great Debates in Criminal Justice: Should Affirmative Action Be Used to Eliminate Injustice?

117

(4)

Affirmative action should be used

118

(1)

Affirmative action should not be used

118

(1)

Evaluating affirmative action

119

(2)

Criminal Courts

121

(16)

State Courts

121

(2)

Lower courts

121

(1)

Courts of general jurisdiction

122

(1)

Courts of appellate jurisdiction

122

(1)

Federal Courts

123

(2)

U.S. district courts

123

(1)

U.S. courts of appeals

123

(1)

The U.S. Supreme Court

124

(1)

The policymaking role of the Supreme Court

124

(1)

Judicial activism versus judicial restraint

125

(1)

Administrative Problems: Heavy Caseloads and Delay

125

(3)

Reducing caseloads

126

(1)

Speeding up court processing

127

(1)

Judges

128

(6)

Federal judges

128

(1)

Factors that influence who sits on the federal bench

129

(1)

State judges

130

(1)

The major influences on judicial decision making

131

(1)

The importance of the legal subculture

131

(1)

The relevance of the democratic subculture

131

(2)

Judicial misconduct and its remedies

133

(1)

Judicial independence

133

(1)

Great Debates in Criminal Justice: Should Judges Who Are ``Soft on Crime'' Be Removed from Office?

134

(3)

``Soft'' judges should be removed

134

(1)

``Soft'' judges should not be removed

135

(1)

Evaluating the proposition that ``soft'' judges ought to be removed

135

(2)

Defendants' Rights

137

(18)

The Pretrial Process

138

(5)

The right to a lawyer

138

(1)

The prosecutor's decision to charge

139

(1)

Reviewing the charge

139

(1)

The first court appearance

139

(1)

Bail

140

(1)

Preventive detention

140

(1)

Grand jury review

141

(1)

The future abolition of grand juries

141

(1)

The preliminary hearing

142

(1)

Arraignment

142

(1)

Pretrial motions

142

(1)

The Trial Process

143

(7)

Jury trial versus bench trial

143

(1)

The jury pool

144

(1)

The right to a jury that reflects a fair cross section of the community

144

(1)

Voir dire

145

(1)

Strikes and challenges

145

(1)

Eliminating peremptory challenges

145

(1)

The right to a fair trial versus the right to a free press

146

(1)

Television cameras in the courtroom

147

(1)

Opening statements

147

(1)

The role of evidence

147

(1)

The prosecution's case

148

(1)

The defense's case

148

(1)

Closing arguments

149

(1)

Jury instructions

149

(1)

Jury deliberations

149

(1)

Jury decisions in capital crimes

150

(1)

Jury nullification

150

(1)

The Posttrial Process

150

(3)

Posttrial motions

151

(1)

Presentence investigation

151

(1)

Victim impact statements

151

(1)

The sentencing hearing

152

(1)

Factors that influence sentencing decisions

152

(1)

Concurrent versus consecutive sentences

152

(1)

Appeals

152

(1)

Great Debates in Criminal Justice: Should Plea Bargaining Be Abolished?

153

(2)

Plea bargaining should be abolished

153

(1)

Plea bargaining should not be abolished

154

(1)

Evaluating plea bargaining

154

(1)

Prosecutors

155

(12)

Types of Prosecutors

156

(1)

U.S. attorneys

156

(1)

District attorneys

156

(1)

Independent counsels

157

(1)

Prosecutorial Discretion

157

(2)

Charging

158

(1)

Dropping charges

159

(1)

Plea bargaining

159

(1)

Important Relationships for Prosecutors

159

(2)

Police

159

(1)

Victims and witnesses

160

(1)

Judges and courts

160

(1)

Management Policies

161

(1)

Three models of prosecution policy

161

(1)

Priority prosecution

162

(1)

Prosecutorial Misconduct

162

(3)

Politically motivated prosecutions

163

(1)

Suppressing evidence favorable to the defendant

163

(1)

Suborning perjury

163

(1)

Controlling prosecutorial misconduct

164

(1)

Great Debates in Criminal Justice: Is ``Headhunting'' an Effective Strategy for Fighting Organized Crime?

165

(2)

``Headhunting'' is an effective strategy for fighting organized crime

165

(1)

``Headhunting'' is not an effective strategy for fighting organized crime

166

(1)

Evaluating ``headhunting''

166

(1)

Defense Attorneys

167

(12)

Lawyers in America's Adversarial Justice System

168

(2)

The attorney-client privilege in a criminal case

169

(1)

Defense counsel justification for representing a guilty defendant

169

(1)

Functions of the defense lawyer

169

(1)

Types of Defense

170

(3)

Legal services for the poor

171

(1)

Retained counsel

172

(1)

Self-representation

173

(1)

Defense Strategies

173

(1)

Some considerations

173

(1)

The most common defense

174

(1)

Ineffective Assistance of Counsel

174

(2)

The cause and the solution

175

(1)

Great Debates in Criminal Justice: Do Most Defense Attorneys Distort the Truth?

176

(3)

Most defense attorneys do distort the truth

176

(1)

Most defense attorneys do not distort the truth

177

(1)

Evaluating the proposition that most defense attorneys distort the truth

177

(2)

Sentencing

179

(16)

Theories of Punishment

179

(3)

Deterrence

180

(1)

Incapacitation

180

(1)

Rehabilitation

180

(1)

Common ground

181

(1)

Retribution

181

(1)

Types of Sentences

182

(4)

The death penalty

182

(1)

Incarceration

182

(1)

Probation

183

(1)

Intensive supervision probation (ISP)

183

(1)

Boot camps

184

(1)

House arrest and electronic monitoring

184

(1)

Fines

184

(1)

Restitution

185

(1)

Community service

185

(1)

``Scarlet-letter'' punishments

185

(1)

Asset forfeiture

186

(1)

Sentencing Statutes and Guidelines

186

(5)

Indeterminate sentences

187

(1)

The impact of indeterminate sentencing

188

(1)

Determinate sentences

188

(1)

The impact of determinate sentencing

189

(1)

Mandatory sentences

189

(1)

Three-strikes-and-you're-out laws

189

(1)

The impact of mandatory sentencing

190

(1)

Sentencing guidelines

190

(1)

The impact of sentencing guidelines

191

(1)

Great Debates in Criminal Justice: Should the Death Penalty Be Abolished?

191

(4)

Capital punishment should be abolished

192

(1)

Capital punishment should not be abolished

192

(2)

Evaluating the debate over capital punishment

194

(1)

Prisons and Prisoners' Rights

195

(16)

Prisons

195

(6)

Types of prisons

195

(2)

Inmates

197

(1)

Exponential growth in the prison population

197

(1)

The level of incarceration

197

(1)

Racial disparities

198

(1)

Regional disparities

198

(1)

The driving force in the growth of the prison population

198

(1)

Prison overcrowding

199

(1)

Prison programs

200

(1)

Parole

200

(1)

The abolishment of parole

200

(1)

Prisoners' Rights

201

(7)

The right to free speech

202

(1)

The right to freedom of association

203

(1)

The right to freedom of religion

203

(1)

The right of access to the courts

203

(1)

Rights during prison disciplinary proceedings

203

(1)

The right to equal protection under the law

204

(1)

The right to privacy

204

(1)

Rights in conflict

204

(1)

The right to be free from cruel and unusual punishment

205

(1)

Rights of probationers and parolees

206

(1)

Rights upon release

206

(1)

Megan's law

207

(1)

Pardons and restoration of rights

208

(1)

The impact of prisoners' rights lawsuits

208

(1)

Great Debates in Criminal Justice: Is Imprisoning More Criminals a Good Way to Prevent Crime?

208

(3)

Imprisoning more criminals is not a good way to prevent crime

209

(1)

Imprisoning more criminals is not a good way to prevent crime

209

(1)

Evaluating the case for imprisonment of more criminals

210

(1)

The Juvenile Justice System

211

(17)

Juveniles' Responsibilities and Rights

211

(1)

A Separate System

212

(8)

Juvenile court jurisdiction

213

(1)

Police discretion

213

(1)

Criminal procedure

214

(1)

Detention

214

(2)

Intake

216

(1)

Certification

217

(1)

Adjudication in juvenile court

217

(1)

Disposition

218

(1)

Institutionalization

218

(1)

After institutionalization

219

(1)

Minorities in Juvenile Justice

220

(3)

Race effects on juvenile justice in Florida

220

(1)

Bias against youths of color in Michigan

220

(1)

Racial disparities in Minnesota's juvenile courts

221

(1)

Race in juvenile justice in Pennsylvania

221

(1)

Overrepresentation of minority youths in the California juvenile justice system

221

(1)

Causes of overrepresentation and solutions to the problem

222

(1)

Myths About Juvenile Justice

223

(4)

The belief that youths are becoming more violent and criminally dangerous

223

(1)

The belief that locking up more juveniles is cost-effective

224

(1)

The belief that boot camps ``shock'' youthful offenders out of their criminal ways

225

(1)

The belief that youths join gangs for protection from neighborhood violence

226

(1)

The belief that there is an emerging consensus about how to deal with juvenile delinquency

226

(1)

Great Debates in Criminal Justice: Should the Juvenile Courts Be Abolished and Juvenile Offenders Be Tried as Adults?

227

(1)

Juvenile courts should be abolished

227

(1)

Juvenile courts should not be abolished

228

(1)

Evaluating the case for abolishing juvenile courts

228

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CliffsQuickReview Criminal Justice

Summary

Author Biography

Table of Contents

Supplemental Materials