Document Sample

   Dr. Oliver M. Thompson
         Spring 2001
        Criminal Justice
          Brief edition
        Jay S. Albanese
Virginia Commonwealth University
     Allyn and Bacon, 2001.
     Chapter 1: Crime and

Key terms
     workplace crime
     criminal law
   Key terms

Victimless crimes
Mala in se
Mala prohibita
Offenses against morality
Political crimes
Regulatory offenses
    Key terms

Classical school
Ethical view
Structural/conflict view
Biological determinism
Psychoanalytic theory
    Key terms

Differential association
Blocked opportunity
Criminal subcultures
Labeling theory
Social bond
Gun control
Drug use forecasting
      Topical issues

Odds of occurrence of death table 1.1
Odds of death table 1.2
Crime victiminization in U.S. Table 1.3
number and rate per 100,000
Injury related emergency room visits table 1.4
Levels of fear of crime table 1.5
     Topical issues

Risks of homicide
Odds of being a victim
Public perception of crime
Workplace crime
Vigilantes and scapegoats
Crime is normal? Does s—t just happen?
A typology of mala prohibita offenses table 1.6
      Topical issues

Legalization; drugs, prostitution, gambling,
Natural born criminals
Mal adjusted personalities
      Topical issues

Gun control
Drug prevention; DARE, SANE, Prop 36
Drug treatment programs
    Why are Americans fearful of crime?

Myths and facts about crime rates and criminal
Effects of fear
Public concern about crime has risen dramatically
since the 1960s
Health problems and accidents are far more
common causes of death than criminal homicide
Fear of death due to homicide is related to
increased incidence since 1960 and the lack of
control an individual has over homicide, compared
with other causes of death
           Why are Americans fearful of crime

Polls have found that citizens rank feeling safe from
crime ahead of job satisfaction, financial security,
and health
Fear of crime leads many people to give up activities
they would normally undertake, especially activities
at night
High levels of fear can turn otherwise law-abiding
citizens into outlaws
    What is Crime?

Historical and political contexts of Crime
Mala in se
Mala Prohibita
Criminal Harm
Criminalization of Behavior
      What is Crime?

Crime of some type is present in all societies, but its
nature and extent differ from one time and place to
As a society becomes larger and more complex,
more rules are required to ensure that citizens do
not exploit one another
The criminal law punishes actions, not thoughts
The political view of crime leads to efforts to
criminalize or decriminalize certain behaviors,
depending on public sentiment at the time
      What is crime?

The Prohibition era showed that it is necessary to
have true public support for laws if they are to be
Criminal behaviors can be mala in se (acts bad in
themselves) or mala prohibita (acts not inherently
evil that are deemed undesirable)
     How can crime be explained?

Biological determinism and Psychological
Sociological explanations
     How can crime be explained?

The classical school of thought in criminology sees
crime as resulting from the conscious exercise of an
individual’s free will – an exercise that is controlled
by the threat of punishment
Positivism sees crimes as the result of internal and
external influences on an individual
Structural explanations of crime focus on the
selective formulation and application of the law
rather than on the behavior of individuals
The ethical view sees crime as a moral failure in
decision making
       What are some correlates of crime?

      What are some correlates of crime?

The incidence of crime involving guns is high, but is
is not clear whether the absence of guns would
necessarily reduce the rate of violence
There is strong evidence that use of drugs and/or
alcohol is correlated with criminal behavior
  Contemporary issues and trends

Obscenity: sex or violence
  Media and Criminal Justice

Television crime dramas and the causes of
   Critical thinking exercise

Binge drinking
      Chapter 2: Defining and
         Measuring Crime

Key terms
     crimes against persons; p41
     crimes against property; p41
     crimes against public order; p41
     criminal homicide; p42
     murder; p42
     manslaughter; p42
     Key terms

Recklessness; p42         robbery; p44
Negligence; p43           burglary; 45
Gross negligence; p43     arson; p46
Rape; p43                 FBI’s crime index;p48
Sexual assault; p43       index crimes;p48
Statutory rape; p44       uniform crime reports
Simple assault; p44       crime rates; p50
Aggravated assault; p44   personal risk; p50
     Key terms

National crime victimization survey (NCVS); p51/52
     to estimate, determine, analyze
National incident-based reporting system; p55
National longitudinal survey of youth; p57
      Topical issues

Three general categories of crime table 2.1
Violent crimes
―Heat of passion‖ killings
―taking‖ under the law
Sources of information about a crime figure 2.1
Ways to count crime
Not all crimes are reported
The true extent of crime?
      Topical issues

Reasons for not reporting crimes
Best predictors of crime? age              p58
Opportunities for crime? where best        p58
Motivation for crime                       p59
Juvenile crime; age
Victimization rates for women; sex, gender
Victimization rates for black, Hispanics; ethnicity
Victimization rates for low income households;
      socio-economic status
     What are the types of Crime?

Public order
  What are the types of crime?

Crimes are of three general types;
     crimes against persons (violent crimes)
     crimes against property, and
     crimes against public order
        How are violent crimes and property crimes

Sexual assault
   How are violent crimes and property crimes

Murder includes all intentional killings as well as
deaths that occur in the course of felonies;
manslaughter involves causing death recklessly, or
intentionally under extenuating circumstances
Rape is sexual intercourse without effective
consent, statutory rape is non-forcible sexual
intercourse with a minor
Assault is a thrust against another person intended
to injure that person
   How are violent crimes and property crimes

Robbery consists of larceny from a person involving
threats or force
Burglary is unlawful entry into a building for the
purpose of committing a crime while inside
Larceny consists of taking the property of another
person with the intent of depriving the owner
Arson is burning of property without the consent of
the owner
      How are crime rates determined?

The FBI uniform crime reports; p49
The National crime victimization survey; p51
What offenders say; p57
The future of crime in the United States; p58
      age, opportunity, motivation
   How are crime rates determined?

Each year the FBI compiles statistics on crimes
reported to the police and publishes them in its
Uniform Crime Reports
The National Crime Victimization Survey provides
information about crimes that are and are not
reported to the police
Victimization surveys reveal that the amount of
serious crime is much higher than police statistics
  How are crime rates determined?

Surveys of offenders show that virtually all
juveniles break the law at one time or another
Victimization surveys can provide a precise
estimate of the risk of crimes against households
Crime rates have generally been falling in recent
      Who are the perpetrators and victims of

Race and ethnicity
Socioeconomic status
      upper; upper, middle, lower
      middle; upper, middle, lower
      lower; upper, middle, lower
  Who are the perpetrators and victims of crime?

Rates of victimization are higher among teenagers
and young adults than among older people,
offenders also are most likely to be teenagers or
young adults
The majority of offenders are male
Blacks are much more likely to be victimized by
violent crimes than whites
  Who are the perpetrators and victims of crime?

Female involvement in crime has been increasing in
recent years, although males are arrested five times
more often than women
People with lower incomes are more likely to be
victims of crime than those with higher incomes
               USE OF FORCE
               PROTECTION OF
         HOME            BUSINESS
     Contemporary issues and trends

Carjacking in the United States
     Media and criminal justice

The Bone collector
     Critical thinking exercise

The circumstances of crime
     Chapter 3: Dealing with
      Sophisticated Crimes

Key terms
     white collar crimes
     crimes of fraud
     crimes against public administration
     regulatory offenses
        Key terms

Forgery                  identity fraud
Fraud                    organized crime
Bribery                  racketeering
Obstruction of justice   money laundering
Official misconduct      crime syndicate
Perjury                  transnational crime
Corporate crimes         terrorism
Computer crime           hate crimes
   Topical issues

White collar crime
Role of planning and deceit
Administrative offenses
Environmental violations
Labor violations
Unfair trade practices
      Topical issues

Cyber theft
Hacker harassment
Software pirating
Causes of computer crime
Organized v. white collar crime
Provision of illicit services
Provision of illicit goods
Infiltration of legitimate business
      Topical issues

Ethnicity and organized crime
Crime syndicates
Trends in organized crime
Victimization of immigrants
Hate crime statistics
A typology of white collar crimes   table 3.1
Arrests for white collar crimes     table 3.2
     Topical issues

Types of computer crime            table 3.3
A typology of organized crime      table 3.4
Arrests for crimes related to OC   table 3.5
Terrorist incidents and prevention figure 3.1
      What is meant by sophisticated crimes?

Sophisticated crimes are characterized by planning
and organization. Criminal law punishes criminal
planning as the crime of conspiracy
Conspiracy takes place when two or more persons
agree to commit a crime, or to carry out a legal act
in an illegal manner
      How can white collar crimes be defined?

Types of white-collar theft
Economic and political crimes
Corporate crimes
Trends in white collar crime
   How can white collar crimes be defined?

White collar; planning, deceit, manner in which
they are carried out
Street crimes; use of force or stealth
White collar thefts; embezzlement, extortion,
forgery, and fraud
Offenses against public administration; bribery,
obstruction of justice, official misconduct, perjury
  How can white collar crimes be defined?

Regulatory offenses, or corporate crimes
     administrative offenses
     environmental violations
     labor violations
     manufacturing violations
     unfair trade practices
Arrest trends and demographic factors; white collar
crime will increase in the future
     Why is computer crime a growing threat?

Types of computer crimes
Consequences of computer crime
   Why is computer crime a growing threat?

Computers are the instrument; theft by computer
      harassment,       extortion
Object of the criminal act; damage to hardware or
     software, stealing trade secrets, altering data
     for an unlawful purpose
Computer proliferation and literacy; increase in
rates of computer crime
     How does organized crime operate?

A typology of organized crime
Organized crime offenders
National and international aspects of organized
   How does organized crime operate?

Organized crime is a continuing criminal enterprise,
profits from illicit activities, often in great public
Uses force, threats, monopoly control, and/or the
corruption of public officials
Exists to profit primarily from crime
Main types; loan sharking, prostitution, gambling,
provision of illicit goods(drugs, fencing)
   How does organized crime operate?

Infiltration of legitimate businesses; protection
money, or no-show jobs
Research findings; not structured by ethnic groups
but specific illicit activities
True extent unknown, arrest increases for certain
types of crime
Greater ease in travel and communication;
commission of organized and transnational crime
much easier
International; stolen vehicles, drugs, illegal
     What are the impacts of terrorism and hate

Terrorism and hate crime trends
How terrorism and hate crimes merge
   What are the impacts of terrorism and hate

Terrorism; unlawful use of force or violence against
persons or property to intimidate or coerce a
government, civilian population, segment of –
furtherance of political or social objectives
Hate crimes; particular minority groups-defined by
race, ethnicity, nationality or sexual orientation – is
usually the target
Terrorism generally in decline but those committed
are more deadly
     Contemporary issues and trends

Avoiding cyber theft
      Media and criminal justice

A Civil Action
      Critical thinking exercise

Is the internet an avenue for terrorists?
    Chapter 4: Criminal Law
Key terms
     civil law                  penal code
     criminal law               case law
     substantive criminal law   precedents
     procedural law             admin regs
     constitutions              consensus view
     statutes                   conflict view
     ordinances                 jurisdiction
      Key terms

Common law                reasonableness
Criminal justice system   intention
Due process               insanity defense
Mens rea                  battered woman syn
Actus reus                duress
Criminal liability        necessity
Constructive possession   mistake of fact
Actual possession         ignorance of law
      Topical issues

What is the Law?
The criminal justice system?
Role of religion
Private justice
Accuracy and fairness
Impartiality and consistency
      Topical issues

Five characteristics of a crime
The reasonableness standard
The M’Naghten case
Problems with the insanity defense
Self defense
Battered woman syndrome
Deadly force
      Topical issues

Deadly force
Five justifications or excuses
Choice of evils
Subjective and objective formulations
     What is criminal law?

Four sources of American criminal law
Limits on criminal law
   What is criminal law?

Civil law; formal rules that regulate disputes
between private parties thompson v. hunt
Criminal law; formal rules designed to maintain
social control – people of the state v.
Substantive criminal law; defines prohibited
Procedural law; rules for adjudication of cases
involving prohibited behaviors
   What is criminal law?

Four main sources of criminal law; constitutions,
statues, case law, administrative regulations
Criminal law; society’s consensus about harmful
conduct (consensus view), or codified to advance
the interests of those holding positions of power
(conflict view)
Scope of criminal law; limited – precise defining of
prohibited behavior, must not contradict
constitutional principles
      How did the American system of law and
      justice develop?

Evolution of lawful justice
Evolution of due process
      How did the American system of law and
      justice develop?

55,000 independent criminal justice agencies; CJS a
Society evolution to enforce rules, resolve disputes,
administer punishment
Two fundamental goals; fairness and accuracy
From less formal to more formal as society has
CENSUS; 281,421,906m from 248.7m, 13.2%
      How does the law define the elements of a

The three elements of a crime
Characteristics of criminal acts
The state of mind requirement
   How does the law define the elements of a

No crime can exist without three elements; mens
rea, actus reus, attendant circumstances
(relationship between the act and the harm that
Five characteristics of acts, invoke criminal
sanctions (sufficiency, possession, status,
voluntariness, and omission)
Punishment; assessment of state of mind, degree of
recklessness, intention
   How does the law define the elements of a

For act to be considered a crime; the harm suffered
must have occurred because of the act, and the act
must be the proximate or direct cause of the harm
Felony murder
Vicarious liability
Provocative acts
        What defenses against criminal charges does
        the law recognize?

Defenses related to mental illness
Defenses involving force
Defenses involving justification or excuse
  What defenses against criminal charges does the
  law recognize?

Insanity defense; not sane at the time of the act
―guilty but mentally ill‖
Force; self defense, defense of others, property
Justification / excuse; duress, necessity mistake of
fact, ignorance of law, entrapment
Entrapment; defendant’s state of mind, conduct of
the police, potential to cause innocent persons to
engage in criminal conduct
     What are some concerns about applying
     criminal law?

Controlling animals or owners
Assisted suicide or murder

Special concerns arise when the law must be
applied to new situations, changing values, and new
      Contemporary issues and trends

Crib death or maternal infanticide
     Media and criminal justice

Double Jeopardy
      Critical thinking exercise

Justice on the Carolina frontier (1764)
       Chapter 5: The CJS and
         Criminal Procedure

Key terms
     policing                 4th amendment
     limited jurisdiction     probable cause
     general jurisdiction     warrant
     appellate jurisdiction   frisk
     local jails              search
     probation                seizure
     Bill of Rights           reasonable suspicion
     Key terms

Exclusionary rule         bail
Good faith exception      surety
Arrest                    plea
Booking                   arraignment
Summons                   information
5th amendment             grand jury
Miranda warning           indictment
Public safety exception   bench trial
      Key terms

Jury trial                  justices
Acquittal                   mistrial
Conviction                  Admissions
Sentencing                  Confessions
Presentence investigation
         Topical issues

U.S. Supreme Court
The criminal justice process
The Bill of Rights
Police investigation
Probable cause
      Topical issues

Terry v. Ohio; stop and frisk   Florida v. J.L.
Mapp v. Ohio; search warrants
U.S. v. Leon; good faith exception
Other exceptions for lawful search and seizure
Miranda v. Arizona
Miranda Warning; rights advisal, invoke Miranda
Escobedo v. Illinois; right to an attorney
Rhode Island v. Innis; incriminate during casual talk
       Topical issues

Videotaping interrogations
The bail system
Beyond a reasonable doubt
The jury trial
The appeal process
Studies on effects of the exclusionary rule
Studies on effects of the Miranda warning
      Tables and Figures

Law enforcement in U.S.       Figure       5.1
The court process             Figure       5.2
The criminal justice filter   Figure       5.3
Bill of rights provisions     Table 5.1
Prevalence of frisks by police Figure      5.4
Layout of DPD interview room       Figure 5.5
The Miranda warning           Figure 5.6
Expenditures                  Figure 5.7
The Balance of Rights

   Individual / societal
      on a balance
   Broken Windows theory
      James Q. Wilson
    Search engine: broken windows theory
In March of 1982, conservative theorists James
  Q. Wilson and George L. Kelling published an
article in the Atlantic Monthly introducing a new
     crime fighting theory known as "broken
windows." The theory states: if the first broken
window in a building is not repaired, then people
who like breaking windows will assume that no
one cares about the building and more windows
 will be broken. Soon the building will have no
     Broken Windows theory –
         James Q. Wilson
The theory endorsed the belief that crime was the
result of lax police efforts and that stricter law
enforcement policy is the primary ingredient to
promoting safer communities. Wilson and Kelling
theorized that if rude remarks by loitering youth were
left unchallenged, they will be under the impression
that no one cares and their behavior will likely
escalate to more serious crimes.
   Broken Windows theory –
       James Q. Wilson
As crime became a major political issue during the
1980's and 90's, many politicians quickly echoed
the commonsense nature of the "broken windows"
Also began to be known as ―law and order‖
At which price does overall society take when we
take a ―zero tolerance‖ to crime? all crime?
Loitering, vagrancy, homelessness, begging,
cruising, et al.
     What are the agencies of criminal justice?

Law enforcement
What about the District Attorney – the real
manager of the system
   What are the agencies of criminal justice?

Law enforcement
Courts; trial and appellate
Correctional systems; public and private, adult and
juvenile, facility and community
Criminal justice process; filter through which law
violators are handled
     What is procedural law?

Law, investigation, and arrest
The 4th amendment and probable cause
The 5th amendment and the Miranda warning
   What is procedural law?

Bill of rights; 1st ten amendments to Constitution
Violation of law; begins criminal justice process
Made known to police, investigate, arrest, or DA for
complaint, arrest warrant, booking
4th amendment; search and seizure, without a
warrant, specifying probable cause
Frisk; Terry v. Ohio, Florida v. J.L. search for
weapons, outer clothing
   What is procedural law?

Search; of automobiles
Exclusionary rule; illegally seized evidence
Good faith exception; warrant later defective
Search; without warrant – incident to lawful arrest,
with voluntary consent, evidence in plain view,
automobiles and their contents, open fields,
abandoned property
5th amendment; self incrimination, interrogations
and confessions.
   What is procedural law?

Miranda warning
      public safety exception
            public safety concerns
Dickerson v. U.S.; voluntariness of confessions
      What is involved in criminal court procedure?

Initial appearance and preliminary hearing
Grand jury, indictment, arraignment
Trial and conviction
Sentencing and appeals
   What is involved in criminal court procedure?

Arraignment; initial appearance. Formal notice of
charges, legal rights, bail. If felony; preliminary
hearing-crime, person charged, jurisdiction.
Grand jury; prosecutor presented evidence,
probable cause established. True bill or indictment
formally charging accused person with the crime.
Arraignment; judge reads information or indictment
advises defendant of constitutional rights. Deft.
makes a plea.
   What is involved in criminal court procedure?

Bench trial; prosecutor and defense make
arguments to judge, determines guilt or innocence.
Jury trial; determination made by jury
Guilty; conviction. Not guilty; acquittal
Sentencing date; probation department – pre
sentence investigation
Sentencing; fine, incarceration, probation
Appeal; affirm or reverse, remand. Significant legal
      What are some concerns about the Criminal
      Justice System?

The cost of justice
Impacts of procedural law on law enforcement

CJS expensive; Department of Correction $4.1 to
$6-7bil.        $6,000,000,000-7,000,000,000
Defining the real impact on Miranda, exclusionary
In whose interest; government, public, rights of
private citizens
      Contemporary issues and trends

The limits of stop and frisk
     Media and criminal justice

The Star Chamber
     Critical thinking exercise

Civil suits against Police
    Chapter 6: Officers of the

    mutual pledge system progressivism
    constable              professionalization
    shire reeve            LEAA
    justice of the peace   local police
    preventive police      community policing
    crime commissions      Weed and Seed

State police
Federal law enforcement
Transnational law enforcement
Multijurisdicitonal task forces
Private security;
      Topical issues

Constables and Sheriffs
Public safety v Gin
The Bow street runners
Britain’s new police
Uniformed police in the United States
Policing in the progressive era
The police and urban riots
Local paramilitary units
     Topical Issues

Community policing
Weed and Seed programs
Highway patrol
Federal agencies
Interpol and Europol
Globalization of law enforcement
Females in police work
Characteristics of good police work
      Topical issues

Improvements in police training
Police salaries
Resisting sexism and racism
Multijurisdictional crimes
Calling 9-1-1
DNA evidence and CODIS
COPS TV and live crime
Pinkerton’s and Brink’s       privatization; security
      Tables and Figures

Career opportunities in l.e.       Table 6.1
Traditional v. community based     Table 6.2
Weed and Seed programs             Figure 6.1
Federal law enforcement agency     Table 6.3
Education requirements             Figure 6.2
Trends in private security/l.e. employment Fig. 6.3
      How did policing evolve?

The watch and ward system
The new police bobbies
Metropolitan police in American cities
Crime commissions and the professionalization of
The law enforcement assistance administration
      How did policing evolve?

Before police departments, less formal measures of
self protection.
Mutual pledge; everyone in community was
responsible for everyone else.
Watch and ward; men from town were required to
takes turns standing watch at night.
Bow street runners; private patrol agency.
1829; 1st police force established in London. Specific
areas, paramilitary organization; discipline.
      How did policing evolve?

1838; 1st daytime police force – Boston, Mass.
New York City; 1st city with unified day and night
police force.
1900; nearly every city of size establishes full-time
police force.
Urban police forces plagued; low pay, disrespect,
Progressive era; police efficiency, professionalism,
improved technology
     How did policing evolve?

Police effectiveness increased; through improved
investigative techniques and better selection and
training procedures
      What is the organization of law enforcement?

Local police
State police
Federal law enforcement agencies
Transnational law enforcement
     What is the organization of law enforcement?

Vast majority of police agencies found at local level.
They investigate state laws, local ordinances, traffic
laws, accidents and suspected crimes
State police enforce state laws and investigate
accidents. Specialized; ABC-alcohol beverage
Federal; 17 agencies – enforce laws enacted by
Congress. Customs, FBI, Bureau of Prisons, INS
     Who are the Police?

Training and education
Issues of gender and race
     Who are the Police?

Police selection processes vary.      Requirements;
written, physical agility, drug test, medical exam;
visual and hearing, oral interview, psychological
assessment, polygraph, background investigation.
800+ hours of academy training – new recruits.
Staffing; female and minorities increasing.
Harassment and discrimination are still problems in
departments despite the fact that performance
studies and victim interviews are positive.
     What are some concerns about policing in the
     United States?

The dilemma of jurisdictions and need for
The impacts of technology and the media on police
The movement toward private policing
      What are some of the concerns about policing
      in the United States?

Organization of law enforcement; more efficient.
Need the necessary resources and authority
Innovations; improved police work. 911 calls, high
volume of calls
National Crime Information Center; FBI. CHS,
wanted person files, fingerprint comparisons, DNA
Media images of police work; LAPD-Rampart,
Rodney King. RPD; Tyisha Miller incident.
ASIS; Industrial – Private Security.
      Contemporary issues and trends

Campus law enforcement
Should the Chief of Police, Sheriff, FBI Director be
held accountable for the behavior of their staff?
      i.e. – Chief Bernard Parks
            Chief Jerry Carroll
            Sheriff Larry Smith
            Director Louis Freeh
The example of the U.S. Navy – Commander Wadle
     Media and criminal justice

Blue Steel
     Critical thinking exercise

The cyclical nature of community policing
    Chapter 7: Law Enforcement,
       Police Behavior Issues

    racial profiling       dogmatism
    cynicism               police discretion
    anomie                 selective enforcement
    altruistic             police pursuits
    socialization model    clearance rate
    predispositional model police corruption
    authoritarism          nonfeasance

Deviant police subculture hypothesis
―fleeing felon‖ rule
Police brutality
      Topical Issues

KEEPS                     psychological testing
Watchman style            the role of education
Legalistic style          police discretion res.
Service style             inconclusive findings
―police personality‖      standards/policing
Danger and isolation      SACTO v. Lewis
Niederhoffer’s study      pursuit management
The socialization model   police effectiveness
      Topical issues

Arrests resulting in prosecutions
―Rotten apples‖
―Bad barrel‖
Outside factors               political climate
The ―Fleeing felon‖ rule
Violent crime control act
Tennessee v. Garner
Graham v. Connor
      Tables and Figures

Neiderhoffer’s police cynicism ?aire   table 7.1
Cynicism and police experience         table 7.2
Suspect flights and police pursuits    table 7.3
Crimes cleared by arrest               table 7.4
Persons 12 and older f2f contacts      figure 7.1
Arrests of adults; force               figure 7.2
      Is there such a thing as a police personality?

Myths and stereotypes about police
Three styles of policing
Current research on police attitudes toward the
public they serve
      Is there such a thing as a police personality?

Myths and stereotypes; little public contact, tend
toward generalizations, i.e. COPS
Three styles of policing; watchman, legalistic, and
service styles
Current research on police attitudes; developed
through job experiences, rather than through
existing personality traits
      Is there such a thing as a police personality?

Authoritarian attitudes and more dogmatic; more
likely with officers without college education, many
years of job experience.
Current research on police attitudes toward public;
police are affected by citizens’ negative sentiment
toward them, but remain dedicated to the job. - Report of the Rampart
Independent Review Panel
      How should police performance be

Police discretion and police misconduct
Police pursuits
Crime responses and clearance rates
Arrest and conviction rates
Community service
     How should police performance be evaluated?

Various measures of police response to crime have
been used; police are primarily reactive, and cannot
spend unlimited time on unsolved cases
Number of arrests leading to prosecutions; useful
indicator of police performance
Non-criminal matters and the community service
function should be taken into account
     What are some forms of police corruption?

Explanations of corruption
Preventing corruption
     What are some forms of police corruption?

Nonfeasance; failure to perform legal duty
Misfeasance; failure to perform legal duty in
proper manner
Malfeasance; commission of an illegal act
Rotten apples v. whole barrel
Deviant police culture or secrecy within
departments; 60 minutes – Blue Wall of Silence,
      What are some forms of police corruption?

What about external factors; laws that are difficult
to enforce or a weak local government.
Examine New York City, Los Angeles, and Riverside
– are there any commonalities?
Prevention of corruption depends on careful
identification of its causes.
      What is legitimate Use of Deadly Force?

Victims of violent crime control
‖fleeing felon‖ and ―Prowler inside‖ laws
Police brutality
      What is legitimate use of deadly force?

Civilian fatalities; police shootings under reported
US Supreme Court; police may use deadly force to
stop a suspect only if suspect threatens the officer
with a weapon or probable cause to believe the
suspect is dangerous.
Police brutality; use excessive physical force in
carrying out their duties
4th amendment; police officers held liable when use
excessive force.
―I was in fear of my life.‖
     Contemporary issues and trends

Responding to spouse abuse
     Media and criminal justice

     Critical thinking exercise

An appropriate remedy for police misconduct?
   Chapter 8: Criminal Courts

    U.S. District courts   defense attorneys
    U.S. Courts of appeals assigned counsel
    U.S. Supreme Court     contract attorneys
    writ of certiorari     public defender
    judicial review        judge
    prosecutors            merit selection
    district attorneys     U.S. magistrates

Victim impact statements
Victim’s bill of rights
Expert witness
Courtroom work group
Felony drug court
Dispute resolution
Community prosecution
Community courts
     Topical issues

The Simpson and Ring trials
Informal adjudication
The merits of a case
State courts interpret state law
Municipal courts
Trial courts
Federal courts
Constitutional cases
      Topical issues

Marbury v. Madison
Participants in the judicial process
Constraints on prosecutors
Prosecutors represent the public
Appointment v. election of prosecutors
Special prosecutors
Criminal lawyers
Methods of selecting judges
     Topical issues

Judicial reforms
The Victim’s rights movement
A constitutional amendment?
Role of forensic science
Evaluating drug courts
Resolving conflicts creatively
     How are criminal courts similar and different
     in the past?

Lawyers were absent from trial
Misdemeanor cases handled non professionally
Processing of felonies formal handling
Until late 1800s; defendant could not act as a
witness or take the stand in their defense. Today
defendants are permitted to testify under oath.
     How did the state and federal court systems

State court system
Federal court system
      How did the state and federal court systems

Vast majority of cases heard in state courts, most
felonies defined by state laws
Three levels of jurisdiction; limited, general, and
Legal authority of courts of limited jurisdiction;
specific types of cases
General jurisdiction courts; trial courts
Appellate courts; hear appeals from general
jurisdiction courts
      How did the state and federal court systems

Federal court system parallels state courts
Limited jurisdiction; US Claims Courts
General jurisdiction; US District Courts; federal law
Appellate courts; US Courts of Appeals, US Supreme
US Supreme Court; interpretations of US
Constitution. Writ of certiorari; 4 or more justices
believe case legal issues merit review
     How did the state and federal court systems

Decisions of the US Supreme Court are made by a
majority vote of the 9 justices, who are appointed
for life by the President with the consent of the
         Who are the participants in the judicial

Defense counsel and defendants
Victims and witnesses
The courtroom work group
      Who are the participants in the judicial

Prosecutors; represent the community in bringing
charges. Most are elected. Issues; the ―popular‖
decision, caseload pressures, maintenance of good
relations with other actors in adjudication process
Defense attorneys; represent the legal rights of the
accused, examine evidence to establish probable
cause, assess the strength of evidence to prove guilt
Judges; objectively assess case strength, rule on
issues of law and procedure, disposition of case.
Judges; appointment, nonpartisan election, merit.
      Who are the participants in the judicial

Recent reform movements; state court unification
and the establishment of US magistrates
Victims and witnesses; just recently victims are
given greater role at sentencing and parole hearings
Proposed constitutional amendment; victims legal
authority to object to plea bargaining, guarantee a
speedy trial, require full restitution by offender,
provide protection of victims where necessary
      Who are the participants in the judicial

Right to a jury trial; US constitution – difficult to
obtain a jury that represents the community
Expert witnesses; help jury understand technical
Prosecutors, defense counsel and judges – court
room work group. Share the goal of moving large
numbers of cases through the adjudication process
      How are specialized and alternative courts
      changing the court system

Felony drug courts
Dispute resolution and community courts

Improved judicial quality.
Dispute resolution, community prosecution,
community courts – three alternatives to formal
adjudication in criminal court. Achieve dispositions
that match the offense and will prevent crimes in
the future.
     Contemporary issues and trends

Independent counsel and professional misconduct
      Media and criminal justice

The color of justice
     Critical thinking exercise

Limiting criminal appeals
       Chapter 9: Criminal
     Defense and Prosecution

    right to counsel
    effective counsel
    necessarily included offenses
    nolle prosequi
    diversion programs
    pretrial intervention (pti)
    plea bargaining

Speedy trial act
Case mortality
Mandatory sentences
―three strikes‖ laws
Pretrial settlement conference
Crime control model
Due process model
     Topical issues

6th amendment
Powell v. Alabama
Impacts on practice
Strickland v. Washington
Studies of defense quality
Indigent defense
Prosecutorial powers
Expanding discretionary powers
      Topical issues

Critics of diversion programs
Intermediate sanctions
The Heumann study
Adjudication statistics
Reasons for higher caseloads
Studies of criminal case processing
Vera Institute of Justice study
―fake‖ plea bargains
     Topical issues

Reasons for plea bargaining
Eliminate plea bargaining
Consequences of no-plea-bargaining rules
Effective screening
Offenders as victims
Achieving a balance
     Tables and Figures

When jail inmates 1st talked with a lawyer table 9.1
Adjudication of felony arrests            figure 9.1
Trial rates for convicted felons          table 9.2
Time-arrest, adjudication                 figure 9.2
Criminal cases, U.S. District courts      table 9.3
Career opportunities                      table 9.4
Processing felony cases                   table 9.5
      What are the rights of the accused?

Right to counsel
Right to effective counsel
     What are the rights of the accused?

6th amendment – guarantees the right of accused
persons to have the assistance of counsel
Gideon v. Wainwright; 1963
1970; US Supreme Court, defendants are entitled to
effective assistance of counsel. What about
counsel’s errors?
Ex: death penalty cases in Texas.
   What are the rights of the accused?

Escobedo v. Illinois, 378 U.S. 478 (1964)
 1. Syllabus , 2. Full Decision , 3. Edited Decision
 Gideon v. Wainwright, 372 U.S. 335 (1963)
 1. Syllabus , 2. Full Decision , 3. Edited Decision
Mapp v. Ohio, 367 U.S. 643 (1961) (USSC+)
  1. Syllabus , 2. Full Decision , 3. Edited Decision
Terry v. Ohio, 392 U.S. 1 (1968) (USSC+)
  1. Syllabus , 2. Full Decision , 3. Edited Decision
•Search based only on an anonymous tip – Florida
v. J.L. (March 28, 2000)
The Court held that an anonymous tip that a person
is carrying a gun does not, without more, justify a
police officer's stop and frisk of that person.
Holding such a search invalid under the Fourth
Amendment, the Court rejected the suggestion of a
firearm exception to the general stop and frisk rule
Miranda v. Arizona, 384 U.S. 436 (1966) (USSC+)
  1. Syllabus , 2. Full Decision , 3. Edited Decision
•Miranda upheld – Dickerson v. United States
(June 26, 2000)
Congress cannot overturn through legislation a
constitutional holding of the court. The standard
for admissibility is whether the suspect received
Miranda warnings before being interrogated, not
the standard set forth in 18 U.S.C. § 3501 where
the admissibility of such statements turns only on
whether or not they were voluntarily made
  No.99-1030. Argued October 3, 2000 -- Decided
  November 28, 2000 drug checkpoints
  No.99-1132. Argued November 1, 2000 --
  Decided February 20, 2001 4th-house search
  No.99-936. Argued October 4, 2000 -- Decided
  March 21, 2001 prenatal check, police info
  No.00-5250. Argued January 9, 2001 -- Decided
  March 20, 2001
  No.99-9073. Argued January 8, 2001 -- Decided
  March 20, 2001
  Per Curiam. Decided March 19, 2001
  No.99-1884. Argued February 20, 2001 --
  Decided April 25, 2001
  No.99-9136. Argued January 8, 2001 -- Decided
  April 25, 2001
  No.99-1408. Argued December 4, 2000 --
  Decided April 24, 2001
  Per Curiam. Decided April 23, 2001
  No.99-1613. Argued January 16, 2001 -- Decided
  April 18, 2001
  No.99-1702. Argued January 16, 2001 -- Decided
  April 2, 2001
  No.00-151. Argued March 28, 2001 -- Decided
  May 14, 2001
      How are cases settled without trial?

Prosecutorial discretion
Diversion of cases
Plea bargaining
     How are cases settled without trial?

Prosecutors have a great deal of discretion; case
prosecution, charges filed.
Diversion programs can be used; non criminal
disposition of cases. What will be the likely effect
of the passage of Proposition 36; November 2000
Plea bargaining; less serious charge, drop some
charges, recommend a less severe sentence if
defendant pleads guilty
Historical records show long history of plea
     What are some of the problems of the court

Case mortality
Adjudicate the offender or the act?
Crime control or due process?
      What are some problems of the court system?

Growing court caseload, high case mortality – most
cases end in guilty pleas
Plea bargaining; occur in private, rights of accused
and interests of the community are not adequately
protected, public may believe that justice is not
Proposals to eliminate; time limits, more public
negotiations, better case-screening procedures,
review of plea agreements by panels of judges
      What are some problems of the court system?

Major issue for criminal defense; focus on offender
rather than criminal act. New defense strategies;
stretch the boundaries of concepts such as self
Crime control model; repression of criminal conduct
Due process model; preservation of individual
Domination of the judicial process in a particular
case or jurisdiction.
     Contemporary issues and trends

Selective prosecution of high-rate offenders
     Media and criminal justice

Primal Fear
     Critical thinking exercise

Should a lawyer defend a guilty person?
       Chapter 10: Trials and

    continuance              deterrence
    discovery                habitual offender laws
    general defenses         rehabilitation
    justification defenses   suspended sentence
    jury nullification       presentence report
    retribution              indeterminate sent.
    incapacitation           determinate sentence

Truth in sentencing
Mandatory sentences
Guidelines sentences
Cruel and unusual punishment
      Topical issues

Delays in adjudication
Voir dire
Jury size
Steps of a trial
Individual responsibility
The verdict
Just deserts
Deterrence is ineffective
      Topical issues

Payments of fines
Probation officer’s role
Reasons for determinate sentencing
Effects of determinate sentencing
Problems with truth in sentencing
Problems with mandatory sentencing
Role of sentencing commissions
     Topical issues

Constitutionality of death
Judicial discretion in death
Methods of death
Retribution is ineffective
Studies on deterrent effects
Execution is not cheaper
Errors do happen
      Tables and figures

Progression of a case through trial figure 10.1
Information in a presentence report figure 10.2
Truth in sentencing laws by state   table 10.1
Number of state and federal inmates figure 10.3
Trends in number of adults          table 10.2
Advantages/disadvantages sentence guidelines
                                    table 10.3
     Table and figures

Persons under sentence of death   figure 10.4
Methods of execution by state     table 10.4
Persons executed                  figure 10.5
      What happens at trial?

Jury selection
Witness testimony and evidence
Defense strategies
Arguments and outcomes
      What happens at trial?

90% of criminal cases are resolved; guilty pleas
Jury selection; 12 members
Prosecution – defense; opening statements
Body of trial; presentation of prosecutor’s evidence,
statements of witnesses, defense case presentation
Focus on offender than criminal act
Final arguments; prosecution – defense. Judge’s
Unanimous agreement; guilt beyond a reasonable
      How do judges decide on a sentence?

Retribution and incapacitation
Deterrence and rehabilitation
Probation, restitution, and incarceration
The Presentence report
      How do judges decide on a sentence?

Individualize sentences, nature of the offender,
circumstances of the offense – judge may choose
sentences within a range established by law
Retribution; punishment applied in proportion to
the seriousness of the offense
Incapacitation; prevent further criminal behavior by
the offender
Habitual offender laws; ―three strikes‖ – offenders
who have committed 2 or more offenses within a
certain time period
     How do judges decide on a sentence?

Deterrence; prevent crime through the example of
offenders’ being punished
Rehabilitation; criminal behavior stems from social
or psychological shortcomings. Purpose of
sentencing; correct or treat these shortcomings
Alternatives; fine, sentence imposition – probation,
incarceration, or restitution
      How do judges decide on a sentence?

Judge may suspend (delay) a prison sentence on
condition that the offender participate in an alcohol,
drug, or gambling treatment program or pay
Pre sentence report is written by probation officer
after investigation of offender’s background; the
report is designed to help the judge decide on an
appropriate sentence.
     How do sentencing options differ?

Indeterminate sentencing
Determinate sentencing
Sentencing guidelines
     How do sentencing options differ?

Indeterminate sentencing; judge sets maximum,
parole board reviews offender progress to
determine whether early release is justified
Determinate sentencing; judge sets fixed sentence
that cannot be altered by parole board
Trend is toward determinate sentences; significant
increases in prison populations
      How do sentencing options differ?

Mandatory sentences are fixed sentences imposed
on individuals convicted of certain types of crimes
Truth-in-sentencing laws endeavor to establish a
closer relationship between sentence imposed and
actual time served
Sentencing guidelines recommend a ―guideline
sentence‖ based on past average sentences and
taking into account the seriousness of the crime and
the offender’s prior record
     How does the 8th amendment restrict

The 8th amendment bars excessive bail, excessive
fines, and cruel and unusual punishment
The Supreme Court has ruled that the death
penalty is cruel and unusual punishment except in
cases of murder
         What is the answer to the death penalty

The legal status of the death penalty
The death penalty
Arguments for and against capital punishment
     What is the answer to the death penalty

Controversy; death penalty application, imposed
arbitrarily against minorities.
Court rulings; consider both aggravating and
mitigating factors in determining the
appropriateness of a particular sentence, including
the death sentence
Death as a necessary punishment of retribution for
the life unlawfully taken. Little evidence that the
death penalty has been effective as a form of
      What is the answer to the death penalty

Death penalty will prevent crime by deterring future
murders. Studies show no difference in homicide
rates in states that have retained, abolished, and
reinstated capital punishment
Execution is less costly to the state than life
imprisonment but studies dispute this finding
Innocent persons are rarely executed, but studies
have found numerous cases of erroneous
convictions in death penalty cases. Analysis of DNA
evidence; conviction error magnified.
     Contemporary issues and trends

Victim’s race and death penalty decisions
     Media and criminal justice

Dead Man Walking
     Critical thinking exercise

Is life imprisonment a more severe punishment than
the death penalty?
            Chapter 11: Prisons

    Pennsylvania system
    Auburn system
    Reformatory movement
    Maximum, medium, minimum security prisons
    Correctional institutions

Metropolitan correctional centers (detention
Control model
Responsibility model
Consensual model
Therapeutic community model
      Topical issues

Before prisons
Walnut street jail
Elmira reformatory
Jail populations
Jail problems
Conditions of confinement
National survey of prison wardens
Inmate family background
     Topical issues

Disproportionate minority confinement
Inmate mothers
Politics of prison overcrowding
Inmate work
Politics of prison labor
Prison contraband
Effective drug treatment
AIDS deaths
      Topical issues

Dealing with prison gangs
Prison riots
Islamic inmates
Hudson v. Palmer
Due process in prison
      Tables and figures

State and federal prisons             table 11.1
Career opportunities-Corrections      table 11.2
State and federal prisoners          figure 11.1
Criminal history – prison inmates     table 11.3
Prior physical/sexual abuse           table 11.4
Incidents of misuse personal info     table 11.5
% of prisons, gang members-inmates   figure 11.2
     How are correctional institutions in the United
     States organized?

The invention of the prison
Levels of custody
State and federal correctional systems
Problems with jails
      How are correctional institutions in the
      United States organized?

Before invention of the prison, corporal punishment
was the method of punishment of criminals
Incarceration was used for poor offenders who
could not afford to pay fines but whose offenses
were not serious enough to deserve corporal
Pennsylvania system; promote repentance through
solitary confinement
Auburn system; emphasized labor and meditation
      How are correctional systems organized?

Unsuccessful in promoting education, lack clear
philosophical purpose
Classified by level of custody; maximum, medium,
and minimum security
Offender assignment depends on the seriousness
and violence of the crime
Jails are operated by counties and cities. They hold
inmates awaiting trial and those serving sentences
of one year or less
     How do correctional institutions operate?

Custody and deterrence
Rehabilitation and reform
Models of prison administration
     How do correctional institutions operate?

Punishment and deterrence are societal desires, but
evidence does not reveal that imprisonment
prevents offenders from committing further crimes
upon release
Rehabilitation and reform; other objectives of
imprisonment, often superseded by concerns for
custody and security
Three major managerial approaches; control,
responsibility, and consensus
      Who is in prison?

Correlates of incarceration
Incarceration of women
Prison overcrowding
     Who is in prison?

Number has grown dramatically, resulting in
Women are growing rapidly in proportion
Prisoners tend to be poorly educated, from single
parent households, where alcohol and drugs were
Many physically and sexually abused, have family
members who have been incarcerated
     What is inmate life like?

Prison work
Drug use and treatment programs
AIDS in prison
Prison gangs
Violence in prison
     What is inmate life like?

Inmate work viewed favorably but business persons
and labor organizations fear competition from
cheap prison labor
Drug use prohibited but widespread
Drug treatment programs have little success
Examination of the issue of women in prison; nature
of women crimes, family histories, child care
HIV testing for inmates
Gang members; 20 %
      What is inmate life like?

The number of violent incidents in prison have
increased sharply
NIJ; recommendations regarding prison riot plans
and prevention strategies. Clearly defined lines of
authority, clear guidelines on use of force,
interagency cooperation, and training programs
               What are prisoners’ rights and

Constitutional rights
Prison rules
      What are prisoners’ rights and

Supreme Court;
      free exercise of religion
      the right to privacy,
      due process in cases of violation of prison
Most rule violators; younger inmates, in prison 1-2
years, history of drug use, long criminal history.
      Contemporary issues and trends

Private prisons and liability
     Media and criminal justice

The Shawshank Redemption
Thug Life – HBO
When life means life; Washington Post Monday
May 21, 2001
     Critical thinking exercise

The elderly inmate
When Life means Life – Washington Post, May 21,
    Chapter 12: Corrections in
        the Community

    community corrections
    intermediate sanctions
    intensive supervision
    house arrest
    electronic monitoring
    net widening

Good-time credits
Maxing out
Parole release
Work release
Study release
Halfway houses

Restorative justice
Authentic justice
Retributive justice
Shock incarceration
Corporal punishment
    Topical issues

Two types of sanctions
Colonial sanctions
Day fines
Probation today
Conditions to change behavior
Effectiveness of probation
Studies of day reporting
      Topical issues

Effectiveness of home confinement
Problems with electronic monitoring
Parole guidelines
Purposes of work release
The case of Willie Horton
Purposes of halfway houses
Restoration v. retribution
      Topical issues

Community service
Four benefits of mediation
Evaluations of boot camps
Boot camp problems
Forced birth control
      Topical issues

Chemical castration
Purposes of civil forfeiture
Offender fee programs
     Tables and figures

Adults – correctional supervision   figure 12.1
% -new arrests, 5 years after       figure 12.2
Characteristics-retributive/restorative models
                                    table 12.1
Characteristics-boot camp programs table 12.2
     What are the alternatives to incarceration?

Fines as a form of criminal sanction
Intensive supervision
Confinement and monitoring
     What are the alternatives to incarceration?

Monetary fines are the most common form of
criminal sanction. Primary in minor crimes, as an
adjunct for more serious crimes
Proportionality and probability of collection are
Probation; where offenders are allowed to live in
the community under supervision. Generally, there
are conditions attached to sentences
     What are the alternatives to incarceration?

Supervision of offenders in the community poses
the risk of further crimes being committed
A primary issue is dissatisfaction with probation
combined with the need to use prison space more
efficiently, leading to intermediate sanctions
requiring more rigorous supervision than normal,
yet being less expensive than incarceration
Intensive supervision maintains smaller caseloads,
frequent contacts by supervisors and the imposition
of special conditions; i.e. random drug tests
     What are the alternatives to incarceration?

An offender under home confinement or house
arrest may leave their residence only for approved
Compliance is increasingly ensured through
electronic monitoring
     How can ex-offenders return to the
     community after prison?

Work/study release and furloughs
Halfway houses
Pardons and commutations
      How can ex-offenders return to the
      community after prison?

Parole; allows inmates to serve the last part of their
sentence in the community under supervision in
order to readjust to freedom
Parole; associated with indeterminate sentencing
decided by a parole board
Supervised mandatory release is available to
inmates who have accumulated enough good-time
Temporary release programs are available for work,
study, and other purposes
      How can ex-offenders return to the
      community after prisons?

Work and study release programs permit eligible
inmates to work or take courses outside the prison
during day and return to prison at night.
Furloughs, unsupervised, are available for specific
purposes, for short time periods.
Halfway houses are residential centers for ex-
offenders in the community, offering counseling,
treatment and employment services.
     How can ex-offenders return to the
     community after prison?

Pardon; convicted offender released from prison
with any supervision.
Pardon; excuses the offender from criminal
penalties, unlike a commutation, which modifies or
reduces a sentence
     What are forms of authentic and restorative

Restitution and repair
Shock incarceration
Corporal punishment and public humiliation
Forced birth control and chemical castration
Forfeitures and fines
   What are forms of authentic and restorative

Advocates of restorative justice believe that who
wins the case is less important than ―making the
victim whole.‖
Offender provides restitution to the victim
Mediation programs; neutral setting in which
offenders and victims can communicate with
each other
Primary design to repair the physical or
psychological harm done to the victim
      What are forms of authentic and restorative

Authentic justice; link the nature of the penalty
with the nature of the offense in a direct, tangible
Shock incarceration; military-style boot camp
atmosphere, physical activity, drills, work,
education, and counseling are emphasized.
Corporal punishment is physical punishment short
of the death penalty. Imitates the pain suffered by
the victim.
      What are forms of authentic and restorative

Public humiliation; long history, can take many
different forms. Very rare.
Forced birth control; cases of child abuse
Treatment of sex offenders with drugs that reduce
their sex drive. Controversial because some experts
believe their behavior more psychological than
biologically motivated.
      What are forms of authentic and restorative

Forfeiture of assets; increasingly being used in
cases involving drug trafficking
Some jurisdictions impose offender fees on
offenders under community supervision who are
employed and can afford reasonable fees.
     Contemporary issues and trends

Registering former sex offenders
     Media and criminal justice

Scared Straight
    Critical thinking exercise

The return of chain gangs

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