Introduction to Criminal Justice A Brief Edition

Introduction to Criminal Justice: A Brief Edition provides students with coverage of core concepts supported by student-tested pedagogical tools that promote student engagement, thought-provoking classroom discussions, and critical-thinking skills. Presenting the latest available research, statistics, and developments in a comprehensive yet concise format, this second edition walks students through scenarios that reflect high pressure, on-the-job circumstances, preparing them to meet such challenges in both the classroom and the real world. Throughout, the learning design emphasizes the critical-thinking and ethical decision-making skills required to work in the criminal justice system.

John Randolph Fuller is Professor Emeritus of Criminology at the University of West Georgia where he taught for more than thirty years. He is the author of several books, including Criminal Justice: Mainstream and Crosscurrents, Third Edition (OUP, 2013).

Preface

Part I: Crime: Problems, Measurement, and Law

Chapter 1: Crime and Criminal Justice
1.1 What is Crime?
1.2 The Criminal Justice System and Process
1.2.1 The Criminal Justice Process
Law Enforcement
Courts
Corrections
1.2.2 The Due Process and Crime Control Models
1.2.3 How Cases Move Through the System
1.2.4 The Perception of Crime and the Wedding-Cake Model of Criminal Justice
1.3 Types of Crime
1.3.1 Street Crime
1.3.2 Corporate Crime and White-Collar Crime
1.4 Offenses and Offenders
1.4.1 Violent Crime
1.4.2 Property Crime
1.4.3 Public-Order Crime
1.5 Summary

Features
A Closer Look 1.1: A Comparison of Federal, State, and Local Law Enforcement
Focus on Ethics: A Balance of Interests

Chapter 2: How Crime Is Measured and Who It Affects
2.1 The Problems of Measuring Crime
2.2 How Crime is Measured
2.2.1 Uniform Crime Reports
2.2.2 National Incident-Based Reporting System
2.2.3 National Crime Victimization Survey
2.2.4 Self-Report Studies
2.3 Victims of Crime
2.3.1 Typologies of Crime Victims
2.3.2 The Incidence of Victimization
2.3.3 Categories of Victims
Victims of Violent Crime
Victims of Hate Crime
Victims of Financial Crime
The Elderly and Children
2.3.4 Victims' Rights and Assistance
2.4 Summary

Features
CJ Reference 2.1: The Hierarchy Rule
A Closer Look 2.1: Crime Apps: Reporting Crime or Reporting Fear?
Focus on Ethics: To Report or Not to Report

Chapter 3: Criminal Law
3.1 The Development of the Criminal Law
3.1.1 Early Legal Codes
3.1.2 The Magna Carta
3.1.3 Common Law
3.2 Sources of Law
3.2.1 Constitutions
3.2.2 Statutes
3.2.3 Case Law
3.2.4 Administrative Rules and Executive Orders
3.3 Types of Law
3.3.1 Criminal Law and Civil Law
3.3.2 Substantive Law and Procedural Law
3.4 Types of Crime
3.4.1 Felonies
3.4.2 Misdemeanors
3.4.3 Inchoate Offenses
3.4.4 Infractions
3.5 Features of Crime
3.5.1 Actus reus
3.5.2 Mens rea
3.5.3 Strict Liability
3.6 Criminal Responsibility and Criminal Defense
3.6.1 My Client Did Not Do It
3.6.2 My Client Did It, but My Client Is Not Responsible Because of Insanity
3.6.3 My Client Did It but Has a Good Excuse
3.6.4 My Client Did It but Has a Good Reason
3.6.5 My Client Did It but Should Be Acquitted Because the Police or the Prosecutor Cheated
3.6.6 My Client Did It but Was Influenced by Outside Forces
3.7 Summary

Features
Getting It Right 3.1: Restoring the Vote to Felons
CJ Reference 3.1: The Bill of Rights
A Closer Look 3.1: Watson Murder
Case in Point 3.1: Durham v. United States (1954)
Focus on Ethics: Changing the Substantive Law

Part II: Enforcing the Law

Chapter 4: The History and Organization of Law Enforcement
4.1 A Brief History of the Police
4.1.1 Early Policing in England
4.1.2 Early Policing in the United States
4.1.3 The Introduction of Police Professionalism
4.1.4 The End of the 20th Century to Today: Crime Control, Communities, and Homeland Security
4.2 Levels of Law Enforcement
4.2.1 Federal Level
The Federal Bureau of Investigation
The Secret Service
4.2.2 State Level
4.2.3 Local Level
Sheriff's Offices
Requirements to Become a Police Officer
4.3 Strategies in Policing
4.3.1 Wilson's Three Styles of Policing
4.3.2 Community Policing
4.3.3 Problem-Oriented Policing
4.3.4 Zero-Tolerance Policing and Broken-Windows Perspective
4.4 Summary

Features
CJ Reference 4.1: Federal Law Enforcement Agencies
A Closer Look 4.1: Who Polices the Police?
Focus on Ethics: Righteous Vengeance

Chapter 5: Police Organization, Operation, and the Law
5.1 What We Expect of the Police
5.2 How the Police Are Organized
5.3 What the Police Do
5.3.1 Patrol
5.3.2 Investigation
5.3.3 Traffic Enforcement
5.3.4 Peacemaking and Order Maintenance
5.4 The Rules the Police Follow
5.4.1 Police Discretion
5.4.2 The Fourth Amendment
Search
Special-Needs Searches
Seizures
Stop-and-Frisk
Arrests
5.4.3 Interrogations and Confessions
5.5 Summary

Features
Getting It Right 5.1: Solving Problems in Problem-Solving Policing
CJ Reference 5.1: The Fourth Amendment
Case in Point 5.1: Terry v. Ohio (1968)
Case in Point 5.2: Miranda v. Arizona (1966)
Focus on Ethics: It's Only Marijuana

Chapter 6: Policing: Innovations and Controversies
6.1 Use of Force
6.2 The Militarization of Police
6.2.1 The Evolution of Police Militarization
6.3 Sources of Stress
6.3.1 Dealing with the Stress of Policing
6.3.2 The Police Subculture
Police Unions
6.3.3 Alcohol
6.3.4 Family Problems
6.3.5 Suicide
6.3.6 Corruption
6.4 Policing and Technology
6.4.1 Body-Worn Cameras
6.4.2 Police Surveillance
6.4.3 Less-Than-Lethal Weapons
6.4.4 DNA Databases
6.5 Sex and Race
6.5.1 Women as Police Officers
6.5.2 Minorities as Police Officers
6.6 Summary

Features
CJ Reference 6.1: Police Use of Force
Case in Point 6.1: Tennessee v. Garner (1985)
Case in Point 6.2: Graham v. Connor (1989)
A Closer Look 6.1: Policing is Getting Safer
Focus on Ethics: To Trust a Partner

Part III: The Role of the Courts

Chapter 7: The Courts
7.1 The Court System in the United States
7.2 The Historical Foundation of Modern U.S. Courts
7.2.1 Courts in England
7.2.2 Courts in Colonial North America
7.3 The Organization of Modern U.S. Criminal Courts
7.3.1 The Nature of Jurisdiction
7.3.2 The Structure of the Federal Courts
U.S. District Courts
U.S. Courts of Appeals
U.S. Supreme Court
Specialized Federal Courts
7.3.3 The Structure of State Courts
Juvenile Courts
State Trial Courts
State Intermediate Courts of Appeals
State Supreme Courts
Local and Community Courts
7.4 Summary

Features
CJ Reference 7.1: What Makes the Supreme Court Supreme?
Case in Point 7.1: Hamdan v. Rumsfeld (2006)
Getting It Right 7.1: Marijuana Convictions Going Up in Smoke
Focus On Ethics: Modern-Day Blood Feud

Chapter 8: The Courtroom Work Group
8.1 The Courtroom Work Group
8.2 The Prosecutor
8.2.1 The Prosecutor at Work
8.2.2 Prosecution at the Federal Level
8.2.3 Prosecution in State Courts
8.3 The Defense Attorney
8.3.1 The Defense Attorney and the Courtroom Work Group
8.3.2 The Best Defense: Private Attorney or Public Defender?
8.4 The Judge
8.4.1 Judicial Selection: Executive Appointments
8.4.2 Judicial Selection: Election of Judges
8.4.3 Judicial Selection: Merit Selection
8.5 The Participants
8.5.1 Law Enforcement
8.5.2 Court Support Staff
8.5.3 Corrections
8.5.4 The Public
8.6 Defendants, Victims, and Witnesses
8.6.1 Defendants
8.6.2 Victims
8.6.3 Witnesses
8.6.4 Victim-Witness Programs
8.7 Summary

Features
A Closer Look 8.1: Public Defender Salaries are Indefensible
Case in Point 8.1: Argersinger v. Hamlin (1972) and Scott v. Illinois (1979)
Case in Point 8.2: Gideon v. Wainwright (1963)
Focus on Ethics: Difficult Decisions for the Defense

Chapter 9: The Disposition: Plea Bargaining, Trial, and Sentencing
9.1 The Criminal Court Process
9.2 Pre-trial Release Decisions
9.3 The Plea Bargain
9.3.1 Issues That Affect Plea Bargaining
9.3.2 Types of Plea Bargains
9.3.3 Should Plea Bargaining Be Abolished?
9.4 The Trial
9.4.1 The Pre-trial Phase
Pre-trial Motions
9.4.2 Opening Arguments
9.4.3 The Prosecution's Presentation of Witnesses and Evidence
9.4.4 The Case Goes to the Jury
9.4.5 The Defense Doesn't Rest
9.4.6 Appeal
9.5 Sentencing
9.5.1 Indeterminate Sentencing
9.5.2 Determinate Sentencing
9.5.3 Mandatory Minimum Sentences
9.6 Summary

Features
Getting It Right 9.1: The Role of the Prosecutor and Conviction Review Units
CJ Reference 9.1: What Are Grand Juries and How Do They Work?
CJ Reference 9.2: The Exclusionary Rule
Case in Point 9.1: Batson v. Kentucky (1986)
Focus on Ethics: Letting the Big Ones Get Away

Part IV: From Penology to Corrections and Back

Chapter 10: A Brief History of Prisons and the Death Penalty in the United States
10.1 Prisons in the United States
10.1.1 Control in the Colonies and Early United States: 1770-1860
The Pennsylvania System
The Auburn System
10.1.2 Age of Reform: 1860-1900
Alexander Maconochie
Sir Walter Crofton
Zebulon Brockway
10.1.3 A New Emphasis on Prison Labor: 1900-1930
10.1.4 Age of Rehabilitation: 1930-1970
10.1.5 Retributive Era: 1970s to the Present
10.2 Capital Punishment
10.2.1 Capital Punishment in Historical Perspective
10.2.2 The Search for Humane Execution
Electrocution
Gas
Lethal Injection
10.2.3 Arguments Supporting Capital Punishment
10.2.4 Arguments against Capital Punishment
10.2.5 Is the Death Penalty Dead?
10.3 Summary

Features
A Closer Look 10.1: Closing Rikers
Case in Point 10.1: Furman v. Georgia (1972)
Case in Point 10.2: Gregg v. Georgia (1976)
CJ Reference 10.1: States/Jurisdictions without a Death Penalty
Focus on Ethics: Capital Punishment: Some Immodest Proposals

Chapter 11: Prisons and Jails
11.1 Prison Life
11.1.1 How U.S. Prisons Work
11.1.2 The Pains of Imprisonment
11.1.3 Prison Gangs
11.1.4 Supermax Prisons
11.1.5 Violence and Overcrowding
11.2 Women in Prison
11.2.1 A Short History of Women's Prisons
11.2.2 Life in Women's Prisons
11.3 Courts and the Prison
11.3.1 Eighth Amendment
11.3.2 Fourteenth Amendment: Due Process and Equal Protection
11.4 Working in the Prison
11.5 For-Profit Prisons
11.6 Jails
11.7 Summary

Features
Getting It Right 11.1: Learning a Lesson
CJ Reference 11.1: The Prison Litigation Reform Act
Case in Point 11.1: Ross v. Blake (2016)
CJ Reference 11.2: The Eighth and Fourteenth Amendments
CJ Reference 11.3: What Jails Do
Focus on Ethics: Keeping the Condemned Alive

Chapter 12: Community Corrections
12.1 Community Corrections in Context
12.2 Diversion
12.3 Probation
12.3.1 Probation Officers at Work
Investigation
Supervision
Service
12.3.2 For-Profit Probation
Advantages
Disadvantages
12.4 Parole
12.4.1 When to Parole
12.4.2 Re-entry and "Making It"
12.5 Intermediate Sanctions
12.5.1 Intensive-Supervision Probation
12.5.2 Drug Testing
12.5.3 House Arrest and Electronic Monitoring
12.5.4 Fines
12.5.5 Shock Probation
12.6 Summary

Features
Getting It Right 12.1: To Bee: Reintegration Programs and Preparing for Life after Prison
Focus on Ethics: Going Out on a Limb

Part V: Contemporary Issues

Chapter 13: Juvenile Justice
13.1 The Juvenile Justice System
13.1.1 The Pros and Cons of the Modern Juvenile Justice System
13.1.2 Who Enters the Juvenile Justice System?
13.1.3 Entering the System
Pre-hearing Detention
Intake
Diversion
Determining Jurisdiction
Adjudicatory Hearing
Disposition
Aftercare
13.2 Issues in Juvenile Justice
13.2.1 Chronic Offenders
13.2.2 Gangs
13.2.3 Types and Conditions of Youth Confinement
13.2.4 Juvenile Waiver: Treating Children as Adults
13.3 Summary

Features
Getting It Right 13.1: Reading as Punishment
CJ Reference 13.1: Waiver to Criminal Court
Focus on Ethics: Widening the Net of Social Control

Chapter 14: Criminal Justice in the Future: Issues and Concerns
14.1 The Changing Criminal Justice System
14.2 Technology and Surveillance
14.2.1 The USA PATRIOT Act
14.2.2 Privacy, Anonymity, and the Police
14.3 The High Incarceration Rate
14.3.1 Unintended Consequences of High Incarceration
Children and Families
Mental and Physical Health
Employment and Earnings
Communities
Society Overall
14.4 The War on Drugs
14.5 The Future of Criminal Justice and You
14.6 Summary

Features
A Closer Look 14.1: Of Prisons and Pandemics
Focus on Ethics: Changing the Law in the Future

Appendix: Theories of Crime

Glossary
Credits
Index