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