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Foundations of Criminal Justice
by Stephen S. Owen; Henry F. Fradella; Tod W. Burke; Jerry W. JoplinISBN13:
9780195387322
ISBN10:
0195387325
Format:
Paperback
Pub. Date:
11/18/2011
Publisher(s):
Oxford University Press, USA
List Price: $85.28
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Summary
What is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies?Foundations of Criminal Justiceaddresses these issues utilizing a distinctive "foundations" approach. This unique approach provides students with the framework and the intellectual tools they need in order to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. The only introductory survey text that moves beyond a description of the criminal justice system,Foundations of CriminalJusticehelps students understand the role of criminal justice in their lives as criminal justice practitioners and as active citizens. DISTINCTIVE FEATURES * Provides practical, real-world examples that allow students to connect theoretical ideas to actual practice in criminal justice agencies * Draws on an interdisciplinary body of theory and current research,employing concepts from sociology, policy theory, psychology, legal theory, and philosophy * Explores key issuesincluding the role of morality and legal philosophy in the construction of law; the nature of deviance, social control, and criminal behavior; perspectives on the concept of justice (criminal, civil, social, and individual); the role of criminal procedure, criminal law, and criminal punishment; and the operations and limitations * Offers rich pedagogical featuresincluding a "Case Study" feature at the beginning of each chapter exploring real-life situations; a "Focus Question" at the opening of each section that provides a framework for the forthcoming chapters; end-of-chapter "Criminal Justice Problem Solving" features examining issues and ongoing struggles within the field; and a "Photo Essay" at the opening of each unit that draws students into the material in an exciting, visual format SUPPLEMENTS * Instructor's Resource CD:Contains a computerized Test Bank, PowerPoint-based lecture slides, questions for use with "clicker" technology, suggestions for assignments and in-class activities, sample syllabi, semester-length projects, teaching tips, and suggestions for how to use the book in a variety of contexts * Companion Website(www.oup.com/us/owen): Provides a variety of resources including self-quizzes for students, brief chapter summaries, links to all the court decisions mentioned in the text, further readings, glossary flashcards, and related links
Author Biography
Stephen S. Owen is Professor of Criminal Justice at Radford University.
Henry F. Fradella is Professor of Law, Criminal Justice, and Forensic Studies at California State University, Long Beach.
Tod W. Burke is Professor of Criminal Justice at Radford University and Associate Dean for the College of Humanities and Behavioral Sciences.
Jerry W. Joplin is Professor of Justice and Policy Studies at Guilford College.
Table of Contents
| Each Unit opens with a Photo Essay | |
| Each Chapter closes with a "Criminal Justice Problem-Solving" feature | |
| Preface | |
| Introducing Crime and Criminal Justice | |
| Case Study: How Would You Spend $10,000,000? | |
| Introducing Criminal Justice | |
| Perspectives on Criminal Justice | |
| Criminal Justice as System | |
| Criminal Justice as Profession | |
| Criminal Justice as Bureaucracy | |
| Criminal Justice as Moral Agent | |
| Criminal Justice as Academic Discipline | |
| Defining Crime | |
| What Is Crime? | |
| What Crime Is Not | |
| The Extent of Crime | |
| Official Crime Data | |
| Other Sources of Crime Data | |
| Looking Ahead | |
| Chapter 1 Appendix: The Criminal Justice System | |
| Perspectives on Law | |
| Concepts in Law and Morality | |
| Case Study: Justice on Lover's Lane | |
| Criminal Justice and Society | |
| Criminal Justice: Popular Conceptions vs. Academic Scholarship | |
| Morality and Justice Studies | |
| Choosing Strategies and Tactics | |
| Strategy | |
| Tactics | |
| Three Tendencies of Idealists and Pragmatists | |
| Harmony | |
| Truth | |
| The Mind/Body Connection | |
| Five Concepts of Morality | |
| Knowledge | |
| Self | |
| Spirituality | |
| Universe | |
| Death | |
| Applying Philosophy and Morality to Criminal Justice | |
| Concepts of Legal Philosophy | |
| Case Study: Working the Corner | |
| Studying Approaches to the Law | |
| Analyzing the Law | |
| Patrick Devlin's Legal Moralism | |
| Devlin and the Six Concepts of Law | |
| H.L.A. Hart's Legal Positivism | |
| Hart and the Six Concepts of Law | |
| Other Schools of Legal Philosophy | |
| Theories of Legal Idealism | |
| Legal Naturalism | |
| Rights and Interpretative Jurisprudence | |
| Critical Theories of Law | |
| Legal Paternalism | |
| Theories of Legal Pragmatism | |
| Legal Realism | |
| Everyday Pragmatism | |
| Perspectives on Deviance and Crime | |
| Deviance and Social Control | |
| Case Study: Mental Illness | |
| An Overview of Deviance | |
| Norms | |
| Socialization | |
| The Social Control of Deviance | |
| Informal vs. Formal Social Control | |
| Agents of Social Control | |
| Styles of Social Control | |
| The Medicalization of Deviance | |
| Types of Medical Social Control | |
| Medical Technologies | |
| Medical Collaboration | |
| Medical Ideology | |
| Social Consequences of Medicalization | |
| Negative Consequences of Medicalization | |
| Medicalization and Public Policy | |
| Shifts in the Style of Social Control | |
| Putative Backlash | |
| Medicine as Social Control | |
| Deviance and Criminal Behavior | |
| Case Study: The Case of Carl PanzramConceptualizing Deviance | |
| Crime, Sin, and Taste as a Form of Deviance | |
| Deviance in Society | |
| Some Explanations of Criminal Deviance | |
| Historical Perspectives on Criminology | |
| Modern Biological Perspectives on Crime and Criminality | |
| The Classical School of Criminology | |
| Psychological Theories on Crime and Criminality | |
| Psychodynamic Theories | |
| Differential Association | |
| Techniques of Neutralization | |
| Personality and Crime | |
| Socio-Cultural Theories of Crime and Criminality | |
| Social Disorganization Theory | |
| Strain and Delinquent Subcultures | |
| Social Control theory | |
| Labeling Theory | |
| Conflict Criminology | |
| The Study of Deviance in Criminal Justice | |
| Perspectives on Justice | |
| Concepts of Justice | |
| Case Study: Sexting | |
| Justice: Fact or Fiction? | |
| The Justice in Criminal Justice | |
| Restorative Justice | |
| Ideological Justice | |
| Transitional Justice | |
| Postmodern Justice | |
| A Focus on Distributive Justice | |
| A Classic Approach: Aristotle's Commutative Justice | |
| An Economic Approach: Bentham's Utilitarian Justice | |
| Outside the System: A Vigilante Approach | |
| But Is It Fair? Rawls on Justice | |
| Individual and Community Interests in Distributive Justice | |
| Mechanical Criminal Justice | |
| Authoritarian Criminal Justice | |
| Compassionate Criminal Justice | |
| Participatory Criminal Justice | |
| Toward Justice | |
| Concepts of Justice Policy | |
| Case Study: The Quagmire of State Marijuana Policy | |
| Criminal Justice and Civil Justice | |
| Criminal Justice | |
| Civil Justice | |
| Social Justice and American Values | |
| The Development of Criminal Justice Policy | |
| Federalism | |
| State and Federal Policy | |
| Separation of Powers | |
| Forces Shaping Criminal Justice Policy | |
| Mass Media | |
| Interest Groups | |
| Bureaucrats | |
| Concepts of Criminal Procedure | |
| Case Study: SUNY, New Paltz | |
| Concepts of Procedural Justice | |
| Three Philosophical Models of Procedural Justice | |
| Perfect Procedural Justice: The Accuracy Model | |
| Imperfect Procedural Justice: The Balancing Model | |
| Pure Procedural Justice: The Participation Model | |
| Social Psychological Factors | |
| Two Models of the Criminal Process | |
| Procedural Justice and the Constitution | |
| Procedural Rights in the Original U.S. Constitution | |
| Habeas Corpus | |
| Bills of Attainder | |
| Ex Post Facto Laws | |
| Trial by Jury | |
| Trial for Treason | |
| Procedural Rights in the Bill of Rights | |
| The Fourth Amendment | |
| The Fifth Amendment | |
| The Sixth Amendment | |
| The Fourteenth Amendment | |
| Penal Social Control | |
| Criminal Law | |
| Case Study: Copyright Infringement | |
| The History of Criminal Law | |
| Criminal Law in Ancient Civilizations | |
| Criminal Law in Ancient Greece and Rome | |
| Criminal Law Changes in Early Christendom | |
| Criminal Law in Early England | |
| From English Common Law to Modern Penal Laws | |
| Common Elements of Modern Criminal Law | |
| Actus Reus | |
| Mens Rea | |
| Attendant Circumstances | |
| Causation of Result | |
| Types of Crimes | |
| Defenses to Crimes | |
| Constitutional Limitations on Criminalization | |
| The First Amendment | |
| Due Process Concerns | |
| Criminal Punishment | |
| Case Study: Three Strikes Laws | |
| Conceptualizing Punishment | |
| Justifications for Criminal Punishment | |
| Retribution | |
| Deterrence | |
| Rehabilitation | |
| Incapacitation | |
| Restitution and Restoration | |
| The Politics of Whom We Punish | |
| Limitations on Criminal Punishment | |
| Culpability: A Fairness Principle Requiring Blameworthiness | |
| Notice and the Principle of Legality | |
| Proportionality and the Eighth Amendment | |
| The Future of Punishment | |
| Overview of Criminal Justice Institutions | |
| Core Concepts of U.S. Policing | |
| Case Study: Housing Development | |
| Philosophies of Policing | |
| Policing in England | |
| The Political Era (1830s - Early 1900s) | |
| The Professional Era (1930s - 1970s) | |
| The Community Era (1970s - present) | |
| Developmental Theories of Policing | |
| The Culture of Policing | |
| Wilson's Styles of Police Behavior | |
| Police Officer Personalities | |
| The Structure of American Law Enforcement | |
| Local Police Agencies | |
| State Police | |
| Federal Agencies | |
| Ethical Issues in Policing | |
| Levels of Corruption | |
| Types of Corruption | |
| The Dirty Harry Problem | |
| Controlling Unethical Behavior | |
| Policing Strategies | |
| Myths about Policing | |
| Team Policing | |
| Community-Oriented Policing | |
| Problem-Oriented Policing | |
| Core Concepts of the U.S. Court Systems | |
| Case Study: Shipwreck | |
| The Structure of the U.S. Court System | |
| Hierarchical Jurisdiction | |
| Other Forms of Jurisdiction | |
| The Courtroom Workgroup | |
| Judges | |
| Prosecutors | |
| Defense Attorneys | |
| Criminal Pretrial Processes | |
| Initial Appearance | |
| Charging | |
| Arraignment | |
| Discovery | |
| Plea Bargaining | |
| Pretrial Motions | |
| Criminal Trial Processes | |
| Jury Selection | |
| Presumptions and Evidence | |
| Trial | |
| Sentencing | |
| Post-Conviction Review | |
| Judicial Review | |
| Legal Reasoning | |
| Philosophies of Legal Reasoning | |
| The Process of Legal Reasoning | |
| Core Concepts of U.S. Correctional Theory and Practice | |
| Case Study: Weightlifting in Prison | |
| The Scope and Purpose of American Corrections | |
| Four Essential Tensions Underlying Correctional Philosophy and Policy | |
| The Essential Tension of Finance | |
| The Essential Tension of Research | |
| The Essential Tension of Discretion | |
| The Essential Tension of Invisibility | |
| Summary of the Concept of Essential Tensions | |
| History and Practice of Institutional Corrections | |
| A Historical Survey of Correctional Institutions | |
| Current Practice in Correctional Institutions | |
| Theoretical Perspectives on Prison Life | |
| History and Practice of Community Corrections | |
| A History of Community Corrections | |
| Current Practice in Community Corrections | |
| Credits | |
| References by Chapter | |
| Index | |
| Table of Contents provided by Publisher. All Rights Reserved. |
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