9780205453368

Criminal Justice, 2005 Update

by
  • ISBN13:

    9780205453368

  • ISBN10:

    0205453368

  • Format: Hardcover
  • Copyright: 2005-01-01
  • Publisher: Allyn & Bacon
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Supplemental Materials

What is included with this book?

Summary

Jim Fagin brings expansive law enforcement and teaching experience and expertise to this highly applied text, which introduces students to the real world of criminal justice. The 2005 Update incorporates the latest developments with the Department of Homeland Security, the impact of the U.S. fight against terrorism on the criminal justice system, and how the outcome of the 2004 Presidential Election is likely to impact the criminal justice system. Fagin uses clear and simple examples drawn from decades of experience to bring criminal justice alive for students, and he places the criminal justice system in the broader context of American government. Fagin's diverse background lends itself beautifully to introductory text authorship! He is a recognized educator in the administration of justice; an expert in areas of contemporary concern, such as transnational terrorism, computer crime, and computer technologies in criminal justice; and has hands-on experience in law enforcement. No other introductory criminal justice author is as qualified to present the entire picture of terrorism and its impact on the criminal justice system.

Table of Contents

List of Tables and Figures
xvii
Preface for Instructors xxi
To the Student xxix
Acknowledgments xxxi
About the Author xxxiii
part one Introduction to Criminal Justice
1(67)
Criminal Justice
1(31)
Introduction: Fear, Terror, and the Criminal Justice System
4(1)
Rioting and Crime in the 1960s and 1970s
5(3)
Civil Rights and War Protests
5(1)
The War on Crime
6(1)
Omnibus Crime Control and Safe Streets Act of 1968
7(1)
The New Challenge: WTC 9/11
8(3)
Safety versus Freedom
9(1)
Office of Homeland Security
9(1)
Criminal Justice in the World: Many Choose Safety over Civil Rights
10(1)
Law and Order versus Individual Rights
11(4)
The Balance between Individual Rights and the Power of Government
12(1)
Civil Liberties and Civil Rights
12(3)
What Is Terrorism?
15(4)
Criminal Justice and Social Justice
15(1)
Ethics in the System: Attorney General versus the American Library Association
16(1)
Terrorism and Relativism
17(1)
Diversity in the System: Freedom Fighters or Terrorists?
18(1)
Roles of the Criminal Justice System in the War on Terrorism
19(6)
Domestic Terrorism
20(1)
International Terrorism
20(4)
Counterterrorism Measures
24(1)
Criminal Justice as an Academic Discipline
25(4)
Criminal Justice and Higher Education
26(1)
Criminal Justice in the World: Cross-Cultural Perspectives on Criminal Justice
27(1)
Careers in Criminal Justice
28(1)
Conclusion: A New Future for Criminal Justice
29(1)
Chapter Summary
30(1)
Vocabulary Review
30(1)
Names and Events to Remember
31(1)
Think about This
31(1)
ContentSelect
31(1)
An Overview of the Criminal Justice Process
32(36)
Introduction: People and Processes in Criminal Justice
34(1)
Counting Crime
34(8)
The Uniform Crime Report
35(4)
The National Incident-Based Report System
39(1)
The National Crime Victim Survey
39(1)
Other Sources of Criminal Justice Data
40(1)
Comparing and Contrasting Crime Data
40(2)
The Search to Define the Criminal Justice System
42(2)
Agencies and People
42(1)
Process and Flow
43(1)
Criminal Justice Models
44(7)
Crime Control versus Due Process
45(1)
Adult versus Juvenile Criminal Justice Process
46(1)
State versus Federal Criminal Justice Systems
47(2)
Diversity in the System: Who Is a Child?
49(1)
International Criminal Justice
50(1)
The Due Process Model
51(13)
Criminal Justice in the World: The Globalization of Due Process
52(1)
Deciding What Is a Crime
53(1)
Deciding to Arrest
53(5)
Deciding to Prosecute
58(3)
Determining Guilt
61(1)
Deciding on a Punishment
61(2)
Ethics in the System: Diversion Options
63(1)
Carrying Out the Sentence
63(1)
Conclusion: Goals of Due Process
64(2)
Chapter Summary
66(1)
Vocabulary Review
67(1)
Names and Events to Remember
67(1)
Think about This
67(1)
ContentSelect
67(1)
part two Crime and the Law
68(106)
Criminal Behavior: Definitions and Causes
70(34)
Introduction: Early Thoughts on Criminal Behavior
72(2)
Moral Perspectives
72(1)
Good versus Evil
73(1)
Evolutionary Theories
73(1)
Criminology
74(4)
Deviant Behavior versus Criminal Behavior
75(1)
Role of Theories in Criminology
76(1)
Careers in the System: Criminologist
77(1)
Explanations of Criminal Behavior
78(4)
Beccaria and Classical Theory
78(2)
Bentham and Neoclassical Theory
80(1)
Belief in Free Will and Individual Choice
81(1)
The Positive School
81(1)
Biological Explanations
82(6)
Crime as an Inherited Characteristic
83(1)
Lombroso and Criminality
84(1)
Influence of Biological Determinism
85(1)
Body-Type Theories
85(1)
Modern Biological Explanations
86(2)
Psychological Explanations
88(3)
Freud and Psychoanalysis
88(1)
Criminal Justice in the Media: Sensational Serial Crimes
89(1)
Personality Theories and Psychopathic Behavior
89(2)
Sociological Explanations
91(8)
Social Determinism
91(1)
Social Disorganization as the Cause of Crime
92(1)
Differential Association Theory
93(1)
Social Control Theories
94(2)
Strain Theory
96(1)
Differential Opportunity Theory
96(1)
Cultural Deviance Theories
97(1)
Conflict Theories
98(1)
Conclusion: Criminal Behavior Is Learned?
99(2)
Chapter Summary
101(1)
Vocabulary Review
102(1)
Names and Events to Remember
103(1)
Think about This
103(1)
ContentSelect
103(1)
Criminal Law: Control versus Liberty
104(36)
Introduction: The Rule of Law
106(1)
The Making of Laws
106(4)
Federal Criminal Laws
107(1)
State Criminal Laws
107(1)
Local Criminal Laws
108(1)
Ethics in the System: Blue Laws
109(1)
Limits of the Law
110(5)
Principle of Legality
111(1)
Ex Post Facto Laws
111(1)
Due Process
111(1)
Void for Vagueness
112(1)
Right to Privacy
113(1)
Void for Overbreadth
114
Cruel and Unusual Punishment
113(2)
Elements of a Crime
115(6)
Actus Reus
115(2)
Mens Rea
117(2)
Incomplete Crimes or Inchoate Offenses
119(2)
Defenses against Charges of Criminal Conduct
121(7)
Alibi
121(1)
Consent or Condoning by the Victim
121(1)
Entrapment, Frame-up, and Outrageous Government Conduct
122(1)
Immunity or Privilege
122(1)
Involuntary Actions
123(1)
Mistake or Ignorance of Fact or Law
124(1)
Necessity
124(1)
Self-Defense
125(1)
Youth
125(1)
Insanity
126(1)
Other Criminal Defenses
127(1)
Crimes by Law
128(9)
Crimes against Persons
128(4)
Crime against Habitation
132(2)
Criminal Justice in the World: Japan's Criminal Code
134(1)
Crimes against Property
134(3)
Conclusion: Criminal Law Is a Pillar of Social Order
137(1)
Chapter Summary
138(1)
Vocabulary Review
138(1)
Names and Events to Remember
139(1)
Think about This
139(1)
ContentSelect
139(1)
Due Process and Police Procedure
140(34)
Introduction: Procedural Law and Oversight of the Police
142(1)
Rules of Evidence
143(2)
The Exclusionary Rule
143(1)
Fruit of the Poisoned Tree Doctrine
143(1)
Application to State Courts: Mapp v. Ohio
144(1)
Search and Seizure
145(4)
Search Incident to Lawful Arrest
146(1)
Plain-View Searches
146(1)
Consent to Search
146(1)
Search of Automobiles
147(1)
Search of Persons: The Pat-Down
147(1)
Ethics in the System: Racial Profiling in Automobile Stops
148(1)
Other Exceptions to the Warrant Requirement
149(4)
Ethics in the System: Anonymous Tips and Probable Cause
150(1)
The Public Safety Exception
150(1)
Fleeing Felon and Deadly Force
151(1)
The Good Faith Exception
152(1)
Wiretaps and the Issue of Privacy
152(1)
Interrogations and Confessions
153(3)
Use of Physical Punishment and Pain
153(1)
Lying to the Suspect
153(2)
Police Lineups
155(1)
The Right to an Attorney
155(1)
Arrest
156(2)
Miranda
156(1)
Entrapment and Police Intelligence Activities
157(1)
Oversight of Police Practice and Procedure
158(8)
The Courts and Prosecutors
158(1)
Role of the FBI
158(1)
Criminal Justice in the Media: Oversight on the Evening News
159(1)
Internal Affairs
160(1)
Investigative Commissions
161(1)
Citizen Review Boards
162(3)
Criminal Justice in the World: Oversight of the Police in Britain and France
165(1)
Prosecution of Police Officers
166(4)
Police Corruption
166(1)
Criminal Prosecution
166(1)
Civil Suits against the Police
167(3)
Conclusion: Police Accountability
170(1)
Chapter Summary
170(1)
Vocabulary Review
171(1)
Names and Events to Remember
171(1)
Think about This
172(1)
ContentSelect
172(2)
part three The Police
174(88)
Historical Development of American Policing
176(26)
Introduction: Life without the Police
178(1)
A Short History of the Evolution of Policing
179(2)
Law and Order in the Ancient World
179(1)
Roman Empire and the Middle Ages
180(1)
Roots of American Policing
181(5)
Dependence on Kinship for Safety in Medieval England
181(1)
The English Office of the Sheriff
182(1)
Ethics in the System: How the Tithing System Worked
183(1)
Legis Henrici: The State as Victim
183(1)
The Magna Carta: The Origins of Due Process
183(1)
The Growing Problem of Crime in the Cities
184(1)
Fire, the Industrial Revolution, and Gin
184(2)
The English Response to Crime
186(2)
Bow Street Runners and Thames River Police
186(1)
Sir Robert Peel and the London Metropolitan Police
186(2)
The Development of Policing in America
188(6)
Law and Order in the Colonies
188(1)
Policing in America, 1776--1850
189(1)
Policing in America, 1850--1900
189(1)
Vigilantes and Posses in the Wild West
190(1)
Beginnings of Private Policing
191(1)
Slave Patrols, Black Codes, and Plessy v. Ferguson
192(1)
Diversity in the System: The First Black Police Officers
193(1)
Foundations of Modern American Policing, 1990--1930
194(2)
Labor Conflicts and Local Police
194(1)
August Vollmer and the Professionalizing of Policing
195(1)
Origins of Federal Law Enforcement
196(3)
U.S. Marshals Service
196(1)
U.S. Postal Investigation Service
197(1)
U.S. Secret Service
197(2)
Conclusion: Life with the Police
199(1)
Chapter Summary
200(1)
Vocabulary Review
200(1)
Names and Events to Remember
201(1)
Think about This
201(1)
ContentSelect
201(1)
Roles and Functions of the Police
202(24)
Introduction: Who Are the Police?
204(1)
Understanding Jurisdiction
204(1)
County Law Enforcement Agencies
205(4)
Jurisdiction of the Sheriff
205(1)
Administrative Structure of the Sheriff's Department
206(1)
Careers in the System: Working in the Sheriff's Office
207(1)
Law Enforcement Duties of the Sheriff
208(1)
Serving the Court and Operating the County Jail
208(1)
The City Police: ``The Cops''
209(5)
Jurisdiction of Local Police
210(1)
Administrative Structure of the Municipal Police
211(2)
Careers in the System: Police Ranks and Promotions
213(1)
Police Patrol, Crime Prevention, and Other Services
213(1)
Serving Shifts and Districts
214(1)
The State Police
214(2)
Highway Patrol
215(1)
Criminal Investigation
215(1)
Special Police
216(1)
Federal Law Enforcement
217(6)
Federal Jurisdiction and Police Powers
217(1)
Military Police and Tribal Police
218(1)
Criminal Justice in the World: Jurisdiction in England and France
219(1)
Civilian Federal Law Enforcement
219(1)
Changes in the Federal Bureau of Investigation
219(3)
Other Civilian Federal Law Enforcement Agencies
222(1)
Other Federal Agencies with Police Powers
223(1)
Conclusion: Challenges of Decentralization
223(1)
Chapter Summary
224(1)
Vocabulary Review
225(1)
Names and Events to Remember
225(1)
Think about This
225(1)
ContentSelect
225(1)
Police Professionalism and the Community
226(36)
Introduction: Impacts of Professionalism on Policing
228(1)
Selection of Police Officers
228(12)
Diversity in the System: The Civil Rights Act of 1972
229(1)
Careers in the System: Qualifications for Police Work
230(1)
Equal Employment Opportunity
230(2)
Minimum Job Qualifications
232(1)
Age, Driver's License, and Residence
232
Education
223(12)
Written Examination
235(1)
Oral Interview
235(1)
Medical and Physical Examination
235(2)
Good Moral Character
237(1)
Psychological and Polygraph Examinations
238(1)
Careers in the System: Psychological Examinations in Recruitment
239(1)
Training of Police Officers
240(3)
Selection for the Academy
241(1)
Police Officer Standards and Training (POST) Commissions
242(1)
Field Training and the Probationary Period
243(1)
Policing Strategies
243(4)
Five Styles of Policing
244(1)
Core Values
244(1)
Changing Police-Community Relations
245(1)
Criminal Justice in the Media: What Is the Truth about Police Work?
246(1)
Community Policing
247(8)
What Is Community Policing?
248(1)
Broken Windows and Zero Tolerance
248(1)
Ethics in the System: Limits of Zero Tolerance
249(1)
Police Partnerships and Public Order
249(1)
Problem-Oriented Policing
250(1)
Scanning, Analysis, Response, and Assessment (SARA)
251(1)
Challenges of Community Policing
252(2)
The Future of Community Policing
254(1)
Professionalizing Influences on Police Departments
255(4)
Police Administration and Leadership
255(1)
Standard Operating Procedures (SOP)
255(1)
Accreditation of Police Departments
256(1)
Police Unions and Professional Organizations
256(3)
Conclusion: The Police and the Public
259(1)
Chapter Summary
259(1)
Vocabulary Review
260(1)
Names and Events to Remember
260(1)
Think about This
260(1)
ContentSelect
261(1)
part four The Courts
262(104)
The Court System
264(32)
Introduction: The Court as the Hub of the Criminal Justice System
266(1)
The Role of the Judicial System
267(4)
Dual Court System
267(1)
Civil versus Criminal Law
268(2)
Hierarchy in the Judiciary
270(1)
The Federal Court System
271(9)
U.S. Magistrate Courts
273(1)
United States District Courts
273(2)
United States Courts of Appeals
275(2)
The U.S. Supreme Court
277(3)
Characteristics of the State Court System
280(3)
Courts of Limited Jurisdiction
281(1)
Courts of General Jurisdiction
282(1)
Appellate Courts
282(1)
Courts of Last Resort
282(1)
Lawyers and Judges
283(10)
Ethics in the System: Ethical Violations by Lawyers
285(1)
Education for Lawyers
285(4)
Criminal Justice in the World: The English Legal Profession
289(1)
Selection of Federal Judges
290(1)
Selection of State Judges
290(3)
Conclusion: The Judicial System as the Protector of Constitutional Rights
293(1)
Chapter Summary
294(1)
Vocabulary Review
295(1)
Names and Events to Remember
295(1)
Think about This
295(1)
ContentSelect
295(1)
Courtroom Participants and the Trial
296(36)
Introduction: The Adjudication Process
298(1)
Jurisdiction
298(2)
Trials in Courts of Limited Jurisdiction
298(1)
Trials in Courts of General Jurisdiction and Federal District Courts
299(1)
Charges and Proceedings before Trial
300(12)
Determining the Charges: The Police and the Prosecutor
300(2)
Bail
302(6)
Competency to Stand Trial and the Insanity Defense
308(1)
Plea Bargaining
309(3)
Preparation for the Criminal Trial
312(5)
The Sixth Amendment Right to a Speedy Trial
313(1)
The Speedy Trial Act of 1974
313(1)
Rules of Evidence
314(1)
Careers in the System: Court Administrators and Clerk of Court
315(1)
Pretrial Motions
315(2)
Participants in the Criminal Trial
317(6)
On This Side, Representing the State
318(3)
On This Side, Representing the Defense
321(2)
Diversity in the System: Defending the Guilty
323(1)
The Criminal Trial
323(6)
Trial Initiation
324(1)
Criminal Justice in the World: The French Trial
325(1)
Presentation of Evidence and Witnesses
325(2)
Post-Argument Activities
327(2)
Conclusion: The Trial---Justice Is the Goal
329(1)
Chapter Summary
330(1)
Vocabulary Review
330(1)
Names and Events to Remember
331(1)
Think about This
331(1)
ContentSelect
331(1)
Sentencing and Sanctions
332(34)
Introduction: Convicted---Now What?
334(1)
Purpose of Criminal Sanctions
334(6)
Deterrence
335(1)
Incapacitation
336(1)
Retribution
337(1)
Rehabilitation
337(1)
Restorative Justice
338(2)
Criminal Justice in the World: Terrorism---When the Punishment Does Not Fit the Crime
340(1)
Sentencing
340(6)
Presentence Investigation Report
345(1)
Sentencing Hearing and Victim Impact Statements
346(1)
Sanctions and the Mentally Ill Offender
346(3)
Defining Insanity
347(1)
The Insanity Defense Reform Act of 1984
347(1)
State Courts and the Insanity Plea
347(1)
Public Fear of the Insanity Plea
348(1)
Sentencing Models
349(3)
Determinate versus Indeterminate Sentencing
349(1)
Mandatory Sentencing and Habitual Offender Laws
350(1)
Sentencing Guidelines
350(1)
Presumptive Sentencing
351(1)
Truth in Sentencing
352(1)
Sentencing and the Death Penalty
352(10)
Opposition to the Death Penalty
353(1)
The Death Penalty and Civil Rights
354(1)
The Death Penalty as Cruel and Unusual Punishment
355(2)
Reconsideration of the Death Penalty
357(3)
Ethics in the System: And Justice for All
360(2)
Conclusion: A Long Way to Go
362(1)
Chapter Summary
363(1)
Vocabulary Review
364(1)
Names and Events to Remember
364(1)
Think about This
364(1)
ContentSelect
365(1)
part five Corrections
366(92)
Jails and Prisons
368(34)
Introduction: Imprisonment---A Modern Invention
370(1)
Before Jails and Prisons
370(3)
Branding
371(1)
Mutilation
371(1)
Public Ridicule and Pain
372(1)
Flogging and Whipping
373(1)
Origins of Incarceration as Punishment
373(3)
Jails and the Rise of the City
374(1)
Enslavement and Transportation
375(1)
Development of American Jails and Prisons
376(7)
Early Jail Conditions
376(1)
Reform at Last: The Walnut Street Jail
377(1)
Bigger Is Better: Eastern State Penitentiary
377(1)
The Auburn System
378(1)
Southern Penal Systems
379(1)
Modernization of Jails and Prisons
380(1)
Continuing Prison Reform
381(1)
Diversity in the System: Institutional Racism and Incarceration
382(1)
Jails
383(3)
County Jails
384(2)
Municipal Jails
386(1)
State Prisons
386(8)
Prisoner Classification
387(1)
Diversity in the System: Women behind Bars
388(2)
Security Levels
390(2)
Special Prison Populations
392(1)
Careers in the System: Employment in State Prisons
393(1)
State Prison Administration
393(1)
Federal Prisons
394(3)
The Federal Bureau of Prisons
394(1)
Federal Correctional Facilities
395(2)
Private Jails and Prisons
397(2)
Conclusion: Prisons---The Human Cage
399(1)
Chapter Summary
400(1)
Vocabulary Review
400(1)
Names and Events to Remember
401(1)
Think about This
401(1)
ContentSelect
401(1)
Probation and Parole
402(26)
Introduction: Why Early Release?
404(1)
Defining Diversion, Probation, and Parole
404(4)
Mandatory and Good-Time Release
405(1)
Pardon and Commutation of Sentence
406(2)
Origins of Probation
408(5)
Office of Pretrial Services and Probation
409(1)
Decisions to Grant Probation
409(1)
Advantages of Probation
410(1)
Decisions to Revoke Probation
411(2)
Origins of Parole
413(10)
Pros and Cons of Parole
414(1)
State and Federal Parole Boards
414(2)
Ethics in the System: Who Should Know about Offenders Returning to the Community?
416(1)
The Parole Hearing
417(2)
Conditions of Parole
419(2)
Revocation of Parole
421(2)
Careers in the System: Probation and Parole Officers
423(1)
Supervision of Probation and Parole
423(2)
Conclusion: You Can Lead a Horse to Water, But. . .
425(1)
Chapter Summary
425(1)
Vocabulary Review
426(1)
Names and Events to Remember
426(1)
Think about This
426(1)
ContentSelect
427(1)
Prevention and Corrections in the Community
428(30)
Introduction: Why Intermediate Sentences?
430(1)
The Failure of Incarceration to Prepare Offenders for Reentry
430(2)
Concern for Community Safety
432(3)
Ethics in the System: Conflict between Police and Community Corrections
434(1)
Intermediate Sanctions and Community Corrections
435(8)
Intensive Probation Supervision
435(2)
Split Sentencing and Shock Probation
437(1)
Shock Incarceration: Boot Camps
438(2)
Home Confinement and Electronic Monitoring
440(3)
Reentry Programs: Preparing Offenders to Take Responsibility
443(5)
Work Release
443(2)
Education Release
445(1)
Halfway Houses
446(1)
Day Reporting Centers
446(1)
Careers in the System: Correctional Case Manager
447(1)
Reentry Programs for Drug Offenders
448(7)
Adult Drug Courts
450(1)
Juvenile Drug Courts
451(2)
Tribal Drug Courts
453(1)
TASC and RSAT
454(1)
Conclusion: Try, Try Again
455(1)
Chapter Summary
455(1)
Vocabulary Review
456(1)
Names and Events to Remember
456(1)
Think about This
456(1)
ContentSelect
457(1)
part six Issues and Trends in the Criminal Justice System
458(47)
Challenges in the Criminal Justice System
460(45)
Introduction: Beyond Crime and Justice
462(1)
Fear of Violent Crimes: No Safe Place
462(9)
Public Concern about Youth Violence
463(3)
Criminal Justice in the Media: Violence---Entertainment or Cause of Crime?
466(1)
Violence in Schools
467(2)
The Search for Accountability
469(2)
Drugs: War on Drugs or Addiction?
471(11)
Drugs and Crime
472(1)
Drug Abuse: Medical Model versus Criminal Justice Model
473(3)
Drugs, Organized Crime, and Narcoterrorism
476(1)
New Strategies for the War on Drugs
477(5)
Offender Physical and Mental Health Challenges
482(8)
Violence in Prisons: Injuries
483(1)
Prison Gangs
484(2)
HIV/AIDS and Communicable Diseases
486(1)
Mental Health and Institutionalization of Offenders in Prison
487(3)
Technology and the Criminal Justice System: New Weapons, New Crimes
490(10)
Cybercrime
492(3)
Technology and Constitutional Rights
495(1)
Ethics in the System: Corporate Crime---The Enron Case
496(2)
Careers in the System: Computer Security and Cyberpolice
498(1)
Technology and Terrorism
499(1)
Conclusion: Criminal Justice in the Twenty-first Century---New, Improved, Bigger!
500(1)
Chapter Summary
501(1)
Vocabulary Review
502(1)
Names and Events to Remember
502(1)
Think about This
503(1)
ContentSelect
503(2)
Appendix A: U.S. Constitution and Bill of Rights 505(10)
Appendix B: USA Patriot Act of 2001 515(18)
Endnotes 533(22)
Glossary 555(12)
Name Index 567(6)
Subject Index 573

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