Preface

PART 1. The Universe of Crime and Justice 1

Chapter 1. Criminal Justice: Introduction and Overview

Criminal Justice: The Origins of a Young DisciplineCreating a Criminal Justice System

Criminal Justice as a System

Models of the Criminal Justice System

The Goals

The Means

Stages of the Criminal Justice Process

Entry into the System

Decisions by Victims

Decisions by the Police

Legal Standards

The Right to Counsel

Prosecution and Pretrial Services

The Judicial Decision to Release

The Preliminary Hearing

The Decision to Charge and to Indict

Plea Bargaining

Adjudication and Sentencing

Corrections

Community Decisions

Institutional Decisions

Release and Parole Decisions

Diversion

Looking Ahead: A Preview of This Book

Review

Thinking, Critically about Criminal Justice

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Notes

Boxes:21st Century Challenge: Violent Crime Declined in 2001-0nce Again! Why?In Their Own Words: Rosanne Russo, Assistant Special Agent in Charge, FBI, Philadelphia DivisionCrime Scene: Night Court: Gateway to the Criminal Justice System

Chapter 2. Crime and Criminals

Types of Crime

Violent Crime

Homicide

Assault

Rape and Sexual Assault

Robbery

Terrorism

Property and Economic Crimes

Fraud

High-tech Crimes

Burglary

Arson

White-collar and Corporate Crime 52 Organized Crime

Crimes against Public Morality: Drugs, Alcohol,and Vice

Counting Crime

Sources of Information

The Amount of Crime

Arrests

Explaining Criminal Behavior

Biology and Crime

Psychology and Criminality

Biological and Psychological Explanations: Practical Applications

Sociology and Criminality

Sociological Explanations: Practical Applications

Situational Crime Prevention

Review

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Notes

Boxes:In Their Own Words: Htlica Gonzalez, Care Manager, The Women's Shelter, Inc.,Corpus Christi, Texas21st Century Challenge: Emerging Ethnic Organized Crime GroupsCrime Scene: Gangsta Rap: Subculture of Violence?

Chapter 3. The Criminal Law

The Criminal Law and Its Seven Basic Principles

1. Legality: Is There a Law That Makes Something Criminal?

2. Conduct: Only the Acts of Persons Can Be Covered by Criminal Law

3. Harm: Protecting a Legally Recognized Value

4. Causation: Bringing about the Harm

5. Mens Rea (Guilty Mind): Criminal Intent

6. The Concurrence Requirement

7. The Punishment Requirement

The Principles Applied: Defenses

Excuses

Justifications

The Arithmetic of Crime

Review

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Notes

Boxes:You Be the Judge! Does Unconsciousness Preclude Criminal Liability?Criminal Justice in Action: The Act RequirementYou Be the Judge! When is There Insufficient Evidence of Causation?You Be the Judge! What Evidence Satisfies an Inference of Intent?You Be the Judge! Can Corporations Be Charged with Crimes?Criminal Justice in Action: Creation of Law: Always a Rational Effort?You Be the Judge! What Kind of Evidence Satisfies the Defense of Necessity?In Their Own Words: Thomas King, Detective, Retired, Philadelphia Police Department

PART 2. The Police

Chapter 4. History and Organization of the Police

The History of American Police

The Expanding West

The East: Urban Riots

The Problem of Political Control

Police Systems in the United States

Chain of Command

Division of Labor

The Eight-hour Shift

Rules and Regulations

The Federal System

The Federal Bureau of Investigation

The Drug Enforcement Administration

The Bureau of Alcohol, Tobacco, and Firearms

Immigration and Naturalization Service

The U.S. Secret Service

Other Federal Law Enforcement Agencies

State and Local Systems

State Police

County Police

Municipal Police Forces

Special Purpose Police

Private Police

Review

Thinking Critically about Criminal Justice 130

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Notes

Boxes:Crime Scene: The KGB-Controlling Intelligence21st Century Challenge: Stopping the Flow of Illegal ImmigrantsIn Their Own Words: Tom Harrington, Acting Special Agent in Charge, Philadelphia FBI

Chapter 5. Police Functions

Managing Police Functions

Management Styles

Alternatives to Traditional Management Styles

Community Policing

Police-Community Relations Programs

Citizen Involvement

The Service Function

Coping with Injury and illness

Coping with the Mentally III

Order Maintenance

Patrol: The Basic Technique

Types of Patrol

Evaluating Traditional Techniques

New Policing Strategies

The Law Enforcement Function

Criminal Investigation

Law Enforcement Priorities Today

New Challenges: Post 9-11

Controversial Law Enforcement Techniques

Review

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Notes

Boxes:21st Century Challenge: Cyberpolicing: Law Enforcement in the Nebulous World of the Information SuperhighwayIn Their Own Words: Elliot M. Gross, M.D., Inter-County Medical Examiner, Counties of Cape May and Cumberland, NJ; Chief Medical Examiner, City of New York, 1979-1987; Chief Medical Examiner, State of Connecticut, 1970-1979Crime Scene: Road Rage

Chapter 6. The Police Culture

Selecting Police Officers

Qualifications

Changing Composition of the Police Force

Minority Groups in Policing

Women in Policing

The Police Subculture

Socialization of New Recruits

The Police Personality

Styles of Policing

Stress

Behind the Blue Curtain

Corruption

The Range of Corrupt Activities

Controlling Corruption

Unionization

Challenges to Police Unions

Police Unions Today

Review

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Notes

Boxes:In Their Own Words: Hubert Williams, President,. Police FoundationCrime Scene: Affirmative Action: Police Sensitivity and the CommunityCrime Scene: Police Stress

Chapter 7. The Rule of Law in Law Enforcement

Criminal Justice Under the Constitution

Federal Criminal Justice: The Bill of Rights

State Criminal Justice: Selective Incorporation of the Bill of Rights

Fourth Amendment: Unreasonable Searches and Seizures

Search and Seizure

Warrant1ess Searches

Arrests

Fifth Amendment: Self-incrimination

The Self-incrimination Privilege

The Miranda Warnings

Enforcing Constitutional Rights: The Exclusionary Rule

Mapp v. Ohio (1961)

Exceptions to the Rule

The Demise of Mapp v. Ohio?

Alternatives to the Rule

Illegally Seized Persons

The Use and Abuse of Force

The Ultimate Seizure of the Person:

Deadly Force

Abuse of Force

Review

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Notes

Boxes:21st Century Challenge: A Dime's Worth of Privacy Goes a Long WayCrime Scene: Cokie and Rosa: Famous Balloon SwallowersIn Their Own Words: Joe Waters, Captain, Philadelphia Police Department

PART 3. The Courts

Chapter 8. The Origin and Role of the Courts

Origin of America's Courts

Colonial Courts

Courts for a New Nation

State Courts: Organization and Role

Courts of Limited or Special Jurisdiction

Courts of General Jurisdiction

Appellate Courts

Intermediate Appellate Courts and Supreme Courts

Federal Courts: Organization and Role

Federal Magistrates

United States District Courts

United States Circuit Courts of Appeal

The Supreme Court of the United States

Interaction between State Courts and Federal Courts

Appeal and the Writ of Certiorari

Habeas Corpus

The Future of the Courts: Issues

Federal Issues

State Issues

Review

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Notes

Boxes:In Their Own Words: Ross D. London,Former Judge, Municipal Court, Hoboken,New Jersey21st Century Challenge: Drug CourtsCrime Scene: The Supreme Court and Public Opinion

Chapter 9. Lawyers and Judges

Prosecution

Roles and Duties

Federal Prosecutors

State Prosecutors

Politics and Policy

Discretion

Defense Counsel

Roles and Duties

Private Defense Counsel

Public Defenders

Ethical Issues

Judges

Roles and Duties

Types of Judges

Qualifications and Background

Selection

Other Court Personnel

Review

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Notes

Boxes:Crime Scene: A Day in the Life of a Rookie DAIn Their Own Words: Delores D. Jones-Brown, Assistant Professor, John Jay College of Criminal Justice, City University of New York, and Former Assistant Prosecutor, Monmouth County, Freehold, New Jersey21st Century Challenge: Black Robes and White Justice

Chapter 10. Criminal Prosecution and Adjudication

No Trial

Diversion

Evaluation of Diversion Programs

Pretrial

Pretrial Release

Pretrial Detention

The Plea

Plea Bargaining

Trial

Voir Dire

Opening Statements

The Prosecution's Case

The Defense's Case

Closing Arguments and Instructions

Jury Deliberations

Sentencing

Posttrial

Rights to Appeal

Appellate Review

Appellate Process

Review

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Notes

Boxes:21st Century Challenge: Stacking the Deck: Using Science to Pick the Right JuryCrime Scene: Court TVIn Their Own Words: Terri Kopp, Counsel, Legal Aid Society, New York

Chapter 11. Sentencing

Purposes and Goals of the Criminal Sanction

Retribution

Just Desserts

Deterrence

Incapacitation

Rehabilitation

Mixed Goals

The Choice of a Sanction

Structuring Sentences

Indeterminate Sentences

Determinate Sentences

Mandatory Sentences

Sentencing Guidelines

Capital Punishment

The Deterrence Argument

The Discrimination Argument

Other Arguments

The Future of the Death Penalty

Review

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Notes

Boxes:Crime Scene: Corporal Punishment: A Tale of Two CitizensIn Their Own Words: Deborah W. Denno, Professor of Law, Fordham University School of Law; Death Penalty Researcher21st Century Challenge: A New Crime: Hate; A New Punishment: Sentence-Enhancement

PART 4. Corrections

Chapter 12. Corrections: Yesterday and Today

The History of Institutional Corrections

The Workhouse Movement

The Penitentiary Movement

The Reformatory Movement

The Rehabilitation Model

Major Developments in American Corrections

The Prisoners' Rights Movement

The Impact of the Prisoners' Rights Movement

The Rebirth of Retribution Philosophy

Institutional Corrections Today

Jails

Prisons

Federal Prison System

State Prison Systems

Institutions for Women

Co-correctional Facilities

The Size and Cost of the Corrections

Enterprise

The Size of the System

The Cost of the System

Privatization of Corrections

Effectiveness of Privatization

Trends in Privatization

Review

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Notes

Boxes:21st Century Challenge: Lockups and Jails: Conditions WorsenIn Their Own Words: P. F. McManimon, Jr., Warden (Ret.), Mercer County Detention CenterCrime Scene: Prison Violence: Protection in a Dangerous Environment

Chapter 13. Institutional Corrections

Custody/Security

Rules and Regulations

Classification

Corrections Officers

Living with Convicts

Who Are the Inmates?

The Deprivation Model

The Importation Model

A New Prison Society

Prison Violence and Overcrowding

Life in a Women's Prison New Goals

The Rehabilitation Approach

Vocational Training and Prison Industries

Educational Programs

Recreation

Health Problems

Mental Health

Drug and Alcohol Abuse

Religion in Prison

Furloughs

Review

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Notes

Boxes:21st Century Challenge: Prison Overcrowding: Where are the Limits?In Their Own Words: Roberta Richman, Warden, Rhode Island Department of Corrections, Women's Facilities21st Century Challenge: Growing Old Behind Gray Walls

Chapter 14. Alternatives: Community Corrections

Probation

The Benefits of Probation

Revocation of Probation

Probation Officers

Effectiveness of Probation

Parole

Origins of Parole

The Decision to Parole

Revocation of Parole

Parole Officers

Effectiveness of Parole

Intermediate Sanctions

Pardons and Monetary Sanctions

Restitution to Victims

Intensive Supervision Programs

Shock Programs

Residential Programs

Home Confinement and Electronic Monitoring

Community Service

Evaluation of Alternative Programs

Review

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Notes

Boxes:21st Century Challenge: Unintended Consequences of Megan's LawIn Their Own Words: John Lilly, Director, Day Reporting Program, Atlantic County Correctional Institution, Mays Landing, New JerseyCri111 Scene: Public Humiliation: An Effective Form of Punishment

PART 5. Challenges for the Twenty-first Century

Chapter 15. Justice for Juveniles, Victims, and the

Global Village

The Challenge of Juvenile Justice

Approaches to Juvenile Delinquency

In re Gault: A Landmark Case

Treating Juveniles as Adults Changing the Juvenile Justice Process

The Challenge of Victimology: Toward Restorative Justice

The Rediscovery of the Victim

Compensation for Victims of Crime

The Promise of Restorative Justice

Case Study: A New Approach to Juvenile Offending

The Challenge of Globalization

Globalization

Transnational Crimes

International Crimes

Review

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Boxes:Crime Scene: Stalking21st Century Challenge: Globalization Affects EverythingIn Their Own Words: M. Cherif Bassiouni, Professor of Law, DePaul University; Chairman, U.N. Security Council Commission to Investigate Violations of International Humanitarian Law in the Former Yugoslavia,1992-1994

APPENDIX 1. The Constitution of the United States of America

APPENDIX 2. Career Guide

Glossary

Acknowledgments

Index