Criminal Justice in Action, 10th Edition PDF by Larry K. Gaines and Roger LeRoy Miller

By

Criminal Justice in Action, 10th Edition

By Larry K. Gaines and Roger LeRoy Miller

Criminal Justice in Action, 10th Edition

Contents:

Preface xv

Part One: The Criminal Justice System 2

1 Criminal Justice Today 3

What Is Crime? 5

Determining Criminal Behavior 5

An Integrated Definition of Crime 6

Types of Crime 7

The Purpose of the Criminal Justice System 9

Maintaining Justice 10

Protecting Society 10

The Structure of the Criminal Justice

System 11

The Importance of Federalism 11

The Criminal Justice Process 15

Discretion and Ethics 17

Informal Decision Making 17

Ethics and Justice 18

Criminal Justice Today 19

Crime and Law Enforcement: The Bottom Line 19

Gun Control Policy 22

The Changing Landscape of American Policing 24

Homeland Security and Domestic Terrorism 25

Prison Population Trends 27

Chapter One Appendix 35

How to Read Case Citations and Find Court Decisions 35

2 Causes of Crime 37

The Role of Theory 39

Correlation and Cause 39

Criminological Theories 39

The Brain and the Body 40

Crime and Free Will: Choice Theories of Crime 40

“Born Criminal”: Biological and Psychological

Theories of Crime 42

Bad Neighborhoods and Other

Economic Disadvantages 46

Sociological Theories of Crime 46

Social Conflict Theories 49

Life Lessons and Criminal Behavior 51

Family, Friends, and the Media: Social Processes

of Crime 51

Looking Back to Childhood: Life Course

Theories of Crime 53

The Link between Drugs and Crime 56

The Criminology of Drug Use 57

Drug Addiction and Dependency 57

Crime and Health: The Landscape of

Drug Abuse 58

Marijuana Law Trends 60

Criminology from Theory to Practice 61

Criminology and the Chronic Offender 61

Risk Assessment in Action 62

3 The Crime Picture:

Offenders and Victims 69

Classification of Crimes 71

Civil Law and Criminal Law 71

Felonies and Misdemeanors 72

Mala in Se and Mala Prohibita 73

Measuring Crime in the

United States 75

The Uniform Crime Report 75

The UCR: A Flawed Method? 77

The National Incident-Based Reporting

System 78

Victim Surveys 78

Self-Reported Surveys 79

Victims of Crime 80

Legal Rights of Crime Victims 80

Victim Services 81

The Risks of Victimization 82

Crime Trends in the United States 84

Looking Good: Crime in the 1990s and 2000s 84

Crime, Race, and Poverty 86

Women and Crime 88

Mental Illness and Crime 90

4 Inside Criminal Law 99

The Development of American Criminal

Law 101

English Common Law 101

Written Sources of American Criminal Law 101

The Purposes of Criminal Law 104

Protect and Punish: The Legal Function of the Law 104

Maintain and Teach: The Social Function of the Law 105

The Elements of a Crime 106

Criminal Act: Actus Reus 107

Mental State: Mens Rea 108

Concurrence 112

Causation 112

Attendant Circumstances 112

Harm 113

Defenses under Criminal Law 115

Excuse Defenses 115

Justification Defenses 119

Procedural Safeguards 122

The Bill of Rights 122

Due Process 124

Part two: The Police and Law Enforcement 132

5 Law Enforcement Today 133

The Responsibilities of the

Police 135

Enforcing Laws 135

Providing Services 136

Preventing Crime 137

Preserving the Peace 137

A Short History of the American

Police 138

The Evolution of American Law Enforcement 138

Policing Today 141

Recruitment and Training:

Becoming a Police Officer 145

Basic Requirements 146

Training 147

Women and Minorities in Policing

Today 148

Antidiscrimination Law 148

Working Women: Gender and Law

Enforcement 150

Minority Report: Race and Ethnicity

in Law Enforcement 152

Public and Private Law Enforcement 153

Municipal Law Enforcement Agencies 154

Sheriffs and County Law Enforcement 154

State Police and Highway Patrols 155

Limited-Purpose Law Enforcement

Agencies 156

Federal Law Enforcement Agencies 156

Private Security 162

6 Problems and Solutions

in Modern Policing 171

The Role of Discretion in Policing 173

Justification for Police Discretion 173

Factors of Police Discretion 173

Police Organization

and Field Operations 175

The Structure of the Police Department 175

Police on Patrol: The Backbone of the Department 177

Detective Investigations 179

Aggressive Investigation Strategies 179

Clearance Rates and Cold Cases 180

Forensic Investigations and DNA 181

Police Strategies: What Works 184

Calls for Service 185

Patrol Strategies 187

Smart Policing 188

Arrest Strategies 189

Community Policing and Problem Solving 191

“Us versus Them”: Issues in Modern

Policing 193

Police Subculture 194

The Physical Dangers of Police Work 195

Stress and the Mental Dangers of Police Work 196

Police Use of Force 197

Police Misconduct and Ethics 200

Police Corruption 200

Police Accountability 202

Issues of Bias in Policing 204

Ethics in Law Enforcement 206

7 Police and the Constitution:

The Rules of Law Enforcement 215

The Fourth Amendment 217

Reasonableness 217

Probable Cause 217

The Exclusionary Rule 219

Lawful Searches and Seizures 220

The Role of Privacy in Searches 221

Search and Seizure Warrants 222

Searches and Seizures without a Warrant 224

Searches of Automobiles 226

The Plain View Doctrine 228

Electronic Surveillance 229

Cell Phones and the Fourth Amendment 230

Stops and Frisks 232

The Elusive Definition of Reasonable Suspicion 232

A Stop 233

A Frisk 233

Race and Reasonable Suspicion 234

Arrests 235

Elements of an Arrest 235

Arrests with a Warrant 236

Arrests without a Warrant 238

The Interrogation Process and Miranda 239

The Legal Basis for Miranda 239

When a Miranda Warning Is Required 241

When a Miranda Warning Is Not Required 241

The Weakening of Miranda 243

False Confessions 243

The Identification Process 245

Essential Procedures 245

Nontestimonial Evidence 246

Part three: Criminal Courts 252

8 Courts and the Quest

for Justice 253

Functions of the Courts 255

Due Process and Crime Control in the Courts 255

The Rehabilitation Function 256

The Bureaucratic Function 256

The Basic Principles of the

American Judicial System 256

Jurisdiction 257

Trial and Appellate Courts 259

The Dual Court System 259

State Court Systems 260

Courts of Limited Jurisdiction 261

Trial Courts of General Jurisdiction 262

State Courts of Appeals 262

The Federal Court System 263

U.S. District Courts 263

U.S. Courts of Appeals 263

The United States Supreme Court 263

Judges in the Court System 267

The Roles and Responsibilities of Trial Judges 267

Appointment of Judges 269

Election of Judges 269

Judicial Decision Making 270

Diversity on the Bench 272

The Courtroom Work Group 274

Members of the Courtroom Work Group 274

Formation of the Courtroom Work Group 275

The Judge in the Courtroom Work Group 275

The Adversary System 276

9 Pretrial Procedures:

The Adversary System in Action 283

The Prosecution 285

Prosecutorial Duties 285

The Office of the Prosecutor 285

The Prosecutor as Elected Official 286

The Prosecutor as Crime Fighter 287

The Defense Attorney 288

The Responsibilities of the Defense

Attorney 289

Defending the Guilty 289

The Public Defender 289

The Attorney-Client Relationship 292

Attorney-Client Privilege 293

Pretrial Detention 294

The Initial Appearance 294

Bail and Pretrial Release 296

Alternatives to Bail 298

Establishing Probable Cause 299

The Preliminary Hearing 299

The Grand Jury 300

The Prosecutorial Screening Process 301

Case Attrition 301

Prosecutorial Charging and the

Defense Attorney 304

Pleading Guilty 305

Plea Bargaining in the Criminal Justice System 305

Motivations for Plea Bargaining 306

Plea Bargaining and the Adversary System 307

Going to Trial 310

10 The Criminal Trial 317

Special Features of Criminal Trials 319

A “Speedy” Trial 319

The Role of the Jury 320

The Privilege against Self-Incrimination 321

The Presumption of Innocence 322

A Strict Standard of Proof 322

Jury Selection 323

Initial Steps: The Master Jury List and Venire 323

Voir Dire 325

Race and Gender Issues in Jury Selection 327

Alternate Jurors 329

The Trial 329

Opening Statements 330

The Role of Evidence 330

The Prosecution’s Case 333

Cross-Examination 334

Motion for a Directed Verdict 336

The Defendant’s Case 336

Rebuttal and Surrebuttal 337

Closing Arguments 338

The Final Steps of the Trial and

Postconviction Procedures 339

Jury Instructions 339

Jury Deliberation 339

The Verdict 340

Appeals 341

Wrongful Convictions 342

11 Punishment and Sentencing 351

The Purpose of Sentencing 353

Retribution 353

Deterrence 353

Incapacitation 355

Rehabilitation 356

Restorative Justice 356

The Structure of Sentencing 358

Legislative Sentencing Authority 358

Administrative Sentencing Authority 360

Judicial Sentencing Authority 360

The Sentencing Process 363

Factors of Sentencing 364

Inconsistencies in Sentencing 365

Sentencing Disparity 366

Sentencing Discrimination 366

Sentencing Reform 369

Sentencing Guidelines 369

Mandatory Sentencing Guidelines 371

Victim Impact Evidence 373

Capital Punishment 374

Methods of Execution 375

The Death Penalty and the Supreme Court 375

Death Penalty Sentencing 377

Debating the Sentence of Death 380

The Future of the Death Penalty 382

Part four: Corrections 390

12 Probation, Parole, and

Intermediate Sanctions 391

The Justifications for Community

Corrections 393

Reintegration 393

Diversion 393

The “Low-Cost Alternative” 394

Probation: Doing Time in the

Community 395

Sentencing and Probation 395

Conditions of Probation 397

The Supervisory Role of the Probation Officer 398

Revocation of Probation 400

Does Probation Work? 402

The Parole Picture 403

Comparing Probation and Parole 404

Discretionary Release 406

Parole Guidelines 408

Victims’ Rights and Parole 408

Intermediate Sanctions 409

Judicially Administered Sanctions 409

Day Reporting Centers 412

Intensive Supervision Probation 412

Shock Incarceration 412

Home Confinement and Electronic Monitoring 413

Widening the Net 415

The Paradox of Community

Corrections 416

13 Prisons and Jails 423

A Short History of American

Prisons 425

English Roots 425

Walnut Street Prison: The First Penitentiary 425

The Great Penitentiary Rivalry: Pennsylvania

versus New York 426

The Reformers and the Progressives 427

The Reassertion of Punishment 427

The Role of Prisons in Modern Society 428

Prison Organization and

Management 429

Prison Administration 430

Types of Prisons 432

Inmate Population Trends 437

Factors in Prison Population Growth 437

Decarceration 438

The Consequences of America’s High Rates

of Incarceration 440

Private Prisons 441

Why Privatize? 441

The Argument against Private Prisons 442

The Future of Private Prisons 443

Jails 444

The Jail Population 444

Jail Administration 446

New-Generation Jails 448

14 The Prison Experience

and Prisoner Reentry 455

Prison Culture 457

Adapting to Prison Society 458

Who Is in Prison? 458

Rehabilitation and Prison Programs 460

Prison Violence 462

Violence in Prison Culture 462

Riots 463

Prison Rape 463

Issues of Race and Ethnicity 464

Prison Gangs and Security Threat Groups (STGs) 465

Correctional Officers and Discipline 467

Prison Employment 468

Discipline 469

Female Correctional Officers 471

Protecting Prisoners’ Rights 472

Inside a Women’s Prison 473

Characteristics of Female Inmates 474

The Motherhood Problem 475

The Culture of Women’s Prisons 475

Return to Society 476

Types of Prison Release 477

The Challenges of Reentry 477

The Special Case of Sex Offenders 481

Part five: Special Issues 490

15 The Juvenile Justice

System 491

The Evolution of American Juvenile

Justice 493

The Child-Saving Movement 493

The Illinois Juvenile Court 493

Status Offending 494

Juvenile Delinquency 494

Constitutional Protections and the Juvenile Court 495

Determining Delinquency Today 496

The Age Question 497

The Culpability Question 497

Trends in Juvenile Delinquency 499

Delinquency by the Numbers 499

School Violence 501

Bullying 502

Factors in Juvenile Delinquency 503

The Age-Crime Relationship 504

Substance Abuse 504

Child Abuse and Neglect 505

Gangs 505

First Contact: The Police

and Pretrial Procedures 507

Police Discretion and Juvenile Crime 507

Intake 509

Pretrial Diversion 510

Transfer to Adult Court 510

Detention 512

Trying and Punishing Juveniles 513

Adjudication 514

Disposition 514

Juvenile Corrections 514

16 Today’s Challenges: Cyber

Crime, Security vs. Liberty,

and White-Collar Crime 525

Cyber Crime 527

Crime and the Internet 527

Cyber Trespass 528

Cyber Deception and Theft 530

Cyber Violence 533

Fighting Cyber Crime 535

Security vs. Liberty 539

National Security and Privacy 539

Mass Surveillance 542

National Security and Speech 544

White-Collar Crime 547

What Is White-Collar Crime? 547

Regulating and Policing White-Collar Crime 548

Appendix A: The Constitution of the

United States A-1

Appendix B: Discretion in Action Case

Studies B-1

Appendix C: Table of Cases C-1

Glossary G-1

Name Index N-1

Subject Index I-1

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