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Annual Editions: Criminal Justice, 39/e
Preface
Correlation Guide
Topic Guide
1. What Is the Sequence of Events in the Criminal Justice System?, Bureau of Justice Statistics, Report to the Nation on Crime and Justice, 1998.
This report reveals that the response to crime is a complex process, involving citizens as well as many agencies, levels, and branches of government.
2. Can a Jury Believe What It Sees? Videotaped Confessions Can Be Misleading, Jennifer L. Mnookin, The New York Times, 2014.
According to recent research, interrogation recording of criminal suspects may in fact be too vivid and persuasive. In a series of experiments mock juries were shown exactly the same interrogation, but some saw only the defendant and others had a wider-angle view that showed the interrogator. Their conclusions were quite different.
3. Maze of Gun Laws in U.S. Hurts Gun Control Efforts, Eileen Sullivan, Ap news Report, 2013.
An Associated Press analysis found that there are thousands of laws, rules, and regulations regarding guns at the local, county, state, and federal levels. The laws and rules vary by state, and even within states, according to a 2011 compilation of state gun laws by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
4. Teen Marijuana Use Remains Flat Nationwide As More States Legalize, Matt Ferner, Huffington Post, 2014.
A recent survey from the CDCP revealed that the rate of marijuana use among U.S. high school students remained virtually unchanged from 2011 to 2013. Data from the YRBS showed that the legalization of marijuana for medical purposes did not result in greater illegal drug use.
5. An About-Face on Crime, Charlie Savage and Erica Goode, The New York Times, 2013.
Attorney General Holder announced that federal prosecutors would no longer invoke mandatory minimum sentence laws for low-level drug offenses, and a federal judge found that stop-and-frisk practices in New York City were unconstitutional racial profiling.
6. The Injustice of Marijuana Arrests, Jesse Wegman, The New York Times, 2014.
Police departments that presumably have far more important things to do, waste an enormous amount of time and tax payer money chasing a drug that a majority of Americans believe should be legal everywhere—marijuana. Billions of dollars are thrown away each year in the aggressive enforcement of pointless laws, and lives are destroyed by the shockingly harsh consequences that can follow even the most minor offenses.
7. Eric Holder Warns About America's Disturbing Attempts at Precrime, Peter Suderman, Reason Magazine, 2014.
Some states have developed programs that attempt to offer risk-assessments of criminal offenders based on a variety of factors. These factors are meant to guide judges in sentencing, with the goal of reducing future instances of ciminality. Instead of sentencing people for crime already committed, sentences based on these risk factors are punishing people for crimes that they might commit.
8. Telling the Truth about Damned Lies and Statistics, Joel Best, Damned Lies and Statistics, 2001.
We should not ignore all statistics or assume that every number is false. Some statistics are bad, but others are useful. Joel Best thinks that we need good statistics to talk sensibly about social problems.
9. Stop Panicking About Bullies, Nick Gillespie, The Wall Street Journal, 2012.
Is America really in the midst of a “bullying crisis” as so many now claim, or are our fears about the ubiquity of bullying just the latest in a long line of well intentioned yet hyperbolic alarms about how awful it is to be a kid today? Despite the rare and tragic cases that rightly command our attention and outrage, the data shows that things are getting better for kids.
10. Cyberbullying and Sexting: Law Enforcement Perceptions, Justin W. Patchin, Joseph A. Schafer, and Sameer Hinduja, FBI Law Enforcement Bulletin, 2013.
Law enforcement officers often struggle to determine their proper role in addressing bullying behavior. Emerging social networking and other communication tools and their accompanying roles in the shift in youth behavior complicate the situation. Historically, bullying occurred within or in close proximity to a school or neighborhood.
11. This Is How a Domestic Violence Victim Falls Through the Cracks, Melissa Jeltsen, Huffington Post, 2014.
In the last decade, Arkansas has frequently been ranked as one of the 10 worst states when it comes to men killing women, based on FBI data. The combination of lots of guns and lax firearm laws contributes to the problem. Research shows that if a batterer has a gun, the domestic violence victim is eight times more likely to be killed.
12. Human Sex Trafficking, Amanda Walker-Rodriguez and Rodney Hill, FBI Law Enforcement Bulletin, 2011.
The United States not only faces an influx of international victims but also has its own homegrown problem of interstate sex trafficking of minors. Among the children and teens living on the streets in the United States, involvement in commercial sex activity is a problem of epidemic proportion.
13. Reporting Rape and Wishing She Hadn't: How One College Handled a Sexual Assault Complaint, Walt Bogdanich, The New York Times, 2014.
At a time of great emotional turmoil, students who say they were raped must make a choice: Seek help from their school, turn to the criminal justice system or simply remain silent. The great majority choose their school, because of the expectation of anonymity and the belief that administrators will offer the sort of support the police will not. Many come to regret that decision.
14. The Changing Environment for Policing, 1985–2008, David H. Bayley and Christine Nixon, National Institute of Justice, 2010.
What are the differences in the environment for policing now compared with the 1985 to 1991 timeframe? Are the problems similar or different from one period to the other? Police today are considered to be performing well, but this assessment may be mistaken because the institutions that provide public safety are changing in profound ways that are not being recognized.
15. Judge Rejects New York's Stop-and-Frisk Policy, Joseph Goldstein, The New York Times, 2013.
A federal judge has ruled that the NYPD has for years been systematically stopping innocent people in the street without any objective reason to suspect them of wrongdoing. Often, these people, usually young minority men, were frisked for weapons or their pockets were searched for contraband before they were let go. She found that people are targeted for stops based more on racism than on objectively founded suspicion.
16. New ACLU Report Takes a Snapshot of Police Militarization in the United States, Radley Balko, The Washington Post, 2014.
Violent, volatile SWAT tactics were once used only in limited situations where someone was in the process of or about to commit a violent crime, and the police were using violence only to defuse an already violent situation. Today SWAT teams are overwhelmingly used to investigate people who are still only suspected of committing nonviolent consensual crimes, creating violence and confrontation where there was none before.
17. Understanding the Psychology of Police Misconduct, Brian D. Fitch, Police Chief, 2011.
Law enforcement agencies go to great lengths to recruit, hire, and train only the most qualified applicants, and most officers support the agency, its values, and its mission, performing their duties ethically while avoiding any misconduct or abuse of authority. Yet, despite the best efforts of organizations everywhere, it seems that one does not have to look very far to find examples of police misconduct.
18. Behind the Smoking Guns: Inside NYPD's 21st Century Arsenal, Greg B. Smith, Daily News, 2014.
To solve a Bronx street shooting in 21st century New York, and most other crimes committed citywide, NYPD now employs a wide variety of high-tech tools and massive databases of information culled from an incredible array of sources. The long arm of the law now spends a good amount of time with its fingers on a keyboard, downloading, and Web-scraping.
19. Excited Delirium and the Dual Response: Preventing In-Custody Deaths, Brian Roach, Kelsey Echols, and Aaron Burnett, FBI Law Enforcement Bulletin, 2014.
Excited delirium syndrome (ExDS) is a serious medical condition that may lead to death if not recognized and treated. Typical ExDS subjects are males around the age of 30 and most have a history of psychostimulant use or mental illness. Law enforcement or EMS personnel are often called to the scene because of public disturbances, agitation or bizarre behaviors, and they should consider the possibility of ExDS when certain symptoms are present, and take the patient to the hospital.
20. "I Did It": Why Do People Confess to Crimes They Didn't Commit?, Robert Kolker, New York Magazine, 2010.
In the criminal justice system, nothing is more powerful than a confession; no other form of evidence is as convincing to a jury. We count on the integrity of the police and safeguards such as Miranda rights to prevent abuses, and we take it on faith that innocent people would never confess to crimes they haven’t committed. But they do.
21. In Miranda Case, Supreme Court Rules on the Limits of Silence, David G. Savage, Latimes.com, 2013.
A Texas man sat silent when a police officer asked him about shotgun shells that were found at the scene of a double slaying, shells that had been traced to the suspect's shotgun. At trial, prosecutors pointed to the defendant's silence as evidence of his guilt. The Court upheld his conviction, saying the Constitution "does not establish an unqualified `right to remain silent."'
22. Neuroscience in the Courtroom, Michael S. Gazzaniga, Scientific American, 2011.
Brain scans and other types of neurological evidence are rarely a factor in trials today. Someday, however, they could transform judicial views of personal credibility and responsibility. The greatest influence of brain science on the law may eventually come from deeper understanding of the neurological causes of antisocial, illegal behaviors.
23. US Supreme Court to Police: To Search a Cell Phone, 'Get a Warrant', Warren Richey, The Christian Science Monitor, 2014.
In an indication of how fundamental Fourth Amendment protections are in the Supreme Court justices’ view, the chief justice likened warrantless searches of cell phones to the “general warrants” and “writs of assistance” imposed during colonial America that allowed British troops to “rummage through homes in an unrestrained search for evidence of criminal activity.” The Court rejected arguments that law enforcement officers must be able to immediately search the contents of a cell phone when it was found on a person at the time of arrest.
24. One Simple Way to Improve How Cops and Prosecutors Do Their Jobs, Mike Riggs, City Lab, 2013.
Every year, the U.S. Justice Department sends hundreds of millions of dollars to states and municipalities, and the bulk of it goes toward fighting the drug war. The Brennan Center for Justice report suggests that the over-policing of minor crimes and over-incarceration of non-violent offenders are goals that need to be changed.
25. U.S. Reviewing 27 Death Penalty Convictions for FBI Forensic Testimony Errors, Spencer S. Hsu, The Washington Post, 2013.
An unprecedented federal review of old criminal cases has uncovered as many as 27 death penalty convictions in which FBI forensic experts may have mistakenly linked defendants to crimes with exaggerated scientific testimony. Authorities have known for years that flawed forensic work by FBI hair examiners may have led to convictions of potentially innocent people.
26. Drug Defendants Are Being 'Forced' to Plead Guilty, Report Claims, Saki Knafo, Huffington Post, 2013.
Only 3 percent of U.S. drug defendants in federal cases chose to go to trial instead of pleading guilty in 2012, according to Human Rights Watch, and this can be attributed to the consequences faced by drug defendants convicted after trial. In 2012, drug defendants who went to trial in federal cases and lost, were sentenced to more than three times as many years in prison as those who took a plea.
27. Juveniles Facing Lifelong Terms Despite Rulings, Erik Eckholm, The New York Times, 2014.
U.S. Supreme Court decisions in 2010 and 2012 curtailed the use of mandatory life sentences for juveniles, accepting the argument that children, even those who are convicted of murder, are less culpable than adults and usually deserve a chance at redemption. However, most states have taken half measures, at best, to carry out the rulings.
28. U.S. Inquiry Finds a 'Culture of Violence' Against Teenage Inmates at Rikers, Benjamin Weiser and Michael Schwirtz, The New York Times, 2014.
A federal investigation into a juvenile detention facility found that correction officers struck adolescents in the head and face as punishment at “an alarming rate,” even when inmates posed no threat; officers took inmates to isolated locations for beatings out of view of video cameras; and many inmates were so afraid of the violence that they asked, for their own protection, to be placed in solitary confinement.
29. Calculating "Return On Mission": Music as Medicine for Imprisoned Boys, Stephanie Ormston, Student Reporter, 2013.
Measuring success is an open-ended question where everyone has their own answer. There have been countless stories about mismanagement of non-profits, yet some organizations continue to receive donations despite gross mismanagement and lack of impact. Genuine Voices, a non-profit program that needs to prove it works before it can secure more funding, is making a difference in the lives of children in juvenile detention centers in the Boston area.
30. Juvenile Injustice: Truants Face Courts, Jailing without Legal Counsel to Aid Them, Susan Ferriss, Juvenile Justice, 2014.
Parents allege that children whose only infraction was struggling with a loathing for school were pulled into the criminal justice system, branded with permanent delinquency records and jailed with kids who had actually committed crimes. All of this happened without their kids having lawyers, and some dropped out rather than go back to school.
31. Why Jonathan McClard Still Matters, Gabrielle Horowitz-Prisco, Correctional Association of New York, 2013.
Jonathan was a 17 year-old boy who committed suicide by hanging in an adult facility as he was awaiting transfer to a notoriously abusive adult prison. His mother described the changes she observed in his appearance as he spent time in adult facilities, and she described her powerlessness to get her son out of what she knew was a life-threatening situation.
32. No Remorse, Rachel Aviv, The New Yorker, 2012.
In Michigan, as in many states, prosecutors can try defendants older than age 14 in adult court without a hearing, a statement of reasons, or an investigation into the child’s background. The decision cannot be reviewed or appealed. This allows prosecutors to bypass the juvenile justice system, which was built upon the premise that youths are still malleable, in need of the state’s protection, and uniquely capable of rehabilitation.
33. Oklahoma's Botched Lethal Injection Marks New Front in Battle Over Executions, Josh Levs, Ed Payne, and Greg Botelho, CNN.com, 2014.
Precisely what happened during the execution of a convicted murderer and rapist in Oklahoma is unclear. Witnesses described the man convulsing and writhing on the gurney, as well as struggling to speak before officials blocked the witnesses’ view. It was the state’s first time using a new, three-drug cocktail for execution.
34. The Archipelago of Pain, David Brooks, The New York Times, 2014.
At the level of human experience, social pain is, if anything, more traumatic, more destabilizing, and inflicts crueler and long-lasting effects than physical pain. What we’re doing to prisoners in solitary confinement when we lock them away in social isolation for 23 hours a day, often for months, years, or decades at a time is arguably more inhumane than flogging them would be.
35. The F.B.I. Deemed Agents Faultless in 150 Shootings, Charlie Savage and Michael S. Schmidt, The New York Times, 2013.
From 1993 to early 2011, F.B.I. agents fatally shot about 70 "subjects" and wounded about 80 others and every one of those episodes was deemed justified. In most of the shootings, the F.B.I.'s internal investigation was the only official inquiry. Although occasionally the F.B.I. did discipline an agent, a typical punishment involved adding letters of censure to agents' files.
36. Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies, Unknown, Justice Policy Institute, 2011.
As revenues of private prison companies have grown over the past decade, they have had more resources with which to build political power, and they have used this power to promote policies that lead to higher rates of incarceration. By making direct, monetary contribution to political campaigns for elected officials, private prison companies can attempt to shape the debate around the privatization of prisons and criminal justice policy.
37. Study: Pretrial Detention Creates More Crime, Erika Eichelberger, Mother Jones, 2013.
Studies of both state and federal courts found that the longer low-risk detainees are held behind bars before trial, the more likely they are to commit another crime. Recidivism could be curbed if judges made an effort to distinguish between low, moderate, and high-risk offenders.
38. War on Drugs Failure Gives Way to Treatment in States, Cities, Saki Knafo, Huffington Post, 2013.
With the approval of Seattle prosecutors and politicians, police began directing repeat drug offenders to social-service workers who offered to help them pay for rent and school and referred them to business owners who were willing to hire people with criminal backgrounds. The police weren't entirely hopeful about the strategy, but their doubts are giving way to a growing confidence that they're onto something significant.
39. 'The Worst of the Worst' Aren't the Only Ones Who Get Executed, Simon McCormack, Huffington Post, 2014.
Research provides evidence that many of the people who are given the death penalty are not cold, calculating, remorseless killers. Researchers were surprised that there was evidence suggesting they have real problems with functional deficits that you wouldn’t expect to see in people being executed.
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