Criminal Justice with PowerWeb

by Inciardi, James A.

• ISBN13: 9780073252315
• ISBN10: 007325231X
• Edition: 8th
• Format: Hardcover
• Copyright: 2006-01-20
• Publisher: McGraw-Hill Humanities/Social Sciences/Languages

Summary

An internationally recognized scholar and author, James A. Inciardi presents a solid overview of the structure, processes, and problems of the criminal justice system in the United States. Inciardi brings his significant field and research experience to bear on the revision of this successful textbook; his research background, his privileged access to national data, and his story-telling style of writing guarantee a unique perspective to criminal justice.

Table of Contents

Brief Table of Contents

Part 1: The Foundations of Crime and Justice

Chapter 1: "Criminal Justice" in America

Chapter 2: Crime and the Nature of Law

Chapter 3: Legal and Behavioral Aspects of Crime

Chapter 4: Criminal Statistics and the Extent of Crime

Chapter 5: The Process of Justice: An Overview

Part 2: The Police

Chapter 6: Police Systems in the United States: History and Structure

Chapter 7: Enforcing the Law and Keeping the Peace: The Nature and Scope of Police Work

Chapter 8: The Law of Arrest, Search, and Seizure: Police and the Constitution

Chapter 9: Beyond the Limits of the Law: Police Crime, Corruption, and Brutality

Part 3: The Courts

Chapter 10: The Structure of American Courts

Chapter 11: Judges, Prosecutors, and Other Performers at the Bar of Justice

Chapter 12: The Business of the Court: From First Appearance through Trial

Chapter 13: Sentencing, Appeal, and the Judgment of Death

Part 4: Corrections

Chapter 14: From Walnut Street to Alcatraz: The American Prison Experience

Chapter 15: Penitentiaries, Prisons, and Other Correctional Institutions: A Look Inside the Inmate World

Chapter 16: Prison Conditions and Inmate Rights

Chapter 17: Probation, Parole, and Community-Based Correction

Part 5: Juvenile Justice

Chapter 18: Juvenile Justice: An Overview

Glossary

Credits

Case Index

Name Index

Subject Index

Detailed Table of Contents

Part I: The Foundations of Crime and Justice

Chapter 1: Criminal Justice in America

The Emergence of Criminal Justice

Law and Order and the War on Crime

The Presidents Crime Commission

The Omnibus Crime Control and Safe Streets Act of 1968

The Law Enforcement Assistance Administration

Models of Criminal Justice

The Due Process Model

The Crime Control Model

Key Factors in Criminal Justice Today

The War on Drugs

Women, Crime, and Criminal Justice

Victims and Justice

Terrorism, Criminal Justice, and the Constitution

International and Cross-Cultural Perspectives

Organization of This Book

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 2: Crime and the Nature of Law

The Nature of Crime

Crime as a Social Construct

Crime as a Legal Construct

Criminal Law

Common Law

Other Sources of Criminal Law

Theories of Crime Causation

Biological Theories

Sociocultural Theories

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 3: Legal and Behavioral Aspects of Crime

Legal Categories of Crime

Criminal Homicide

Assault

Robbery

Arson

Burglary

Property Offenses

Sex Offenses

Drug Law Violations

Crimes Against Public Order and Safety

Major Forms of Crime

Domestic Violence

Hate Crime

White-Collar and Corporate Crime

Organized Crime

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 4: Criminal Statistics and the Extent of Crime

The Uniform Crime Reports

Structure and Content

The Extent of Crime

Reliability of Estimates

The UCR: An Evaluation

Victim Survey Research

The National Crime Victimization Survey

Applications and Limitations of Victimization Surveys

Self-Reported Criminal Behavior

Other Sources of Data on Crime and Justice

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 5: The Process of Justice: An Overview

Criminal Due Process

Trial by Ordeal

Inquisitorial Versus Adversarial Justice

The Law of the Land

The Bill of Rights

Nationalization of the Bill of Rights

Due Process of Law in the Early 2000s

Substantive Due Process

Procedural Due Process

The Criminal Justice Process

Prearrest Investigation

Arrest

Booking

Initial Appearance

Preliminary Hearing

Determination of Formal Charges

Arraignment

The Trial Process

Sentencing

Appeals and Release

Criminal Justice as a System

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Part II: The Police

Chapter 6: Police Systems in the United States: History and Structure

The Emergence of Modern Police

Magistrates, Constables, Beadles, and Thief-Takers

Henry Fielding and the Bow Street Runners

Patrick Colquhoun and Sir Robert Peel

Law and Order in Early America

The Trans-Mississippi West

Policing the Metropolis

Police Systems in the United States

Federal Law Enforcement Agencies

Department of Justice

Department of Homeland Security

Treasury Department

United States Postal Service

Other Federal Law Enforcement Agencies

State Police Agencies

County and Municipal Policing

Police in the Private Sector

Volunteer Police and the Vigilante Tradition

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 7: Enforcing the Law and Keeping the Peace: The Nature and Scope of Police Work

The Functions of Police

The Role of Police

The Right to Use Force

The Police Bureaucracy

Division of Labor

Chain and Units of Command

Rules, Regulations, and Discipline

The Organization of Policing

Patrol

Detective Work

Specialized Police Units

Community Policing

Women in Policing

The Emergence of Women Police

The Equal Opportunity Movement for Women in Policing

The Current Status of Women in Policing

Police Discretion and Selective Law Enforcement

Situations Requiring Discretion

Full Versus Selective Enforcement

Factors in the Decision to Arrest

Command Discretion

The Police Subculture

The Police Personality

Sources of Stress

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 8: The Law of Arrest, Search, and Seizure: Police and the Constitution

Search and Seizure

Search Warrants

Probable Cause

Warrantless Search

Search Incident to Arrest

Stop-and-Frisk

Automobile Searches

Fresh Pursuit

Consent Searches

Other Warrantless Searches

The Plain View Doctrine

The Exclusionary Rule

Weeks v. United States

Wolf v. Colorado

Mapp v. Ohio

Custodial Interrogation

Twining v. New Jersey

Brown v. Mississippi

The Prompt Arraignment Rule

Confessions and Counsel

Miranda v. Arizona

Show Ups and Lineups

DNA and Other Nontestimonial Exemplars

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 9: Beyond the Limits of the Law: Police Crime, Corruption, and Brutality

Police Corruption

Meals and Services

Kickbacks

Opportunistic Theft

Planned Theft and Robbery

Shakedowns

Protection

Case Fixing

Private Security

Patronage

Explanations of Police Corruption

The Society-at-Large Explanation

The Structural Explanation

The Rotten-Apple Explanation

Police Violence

Police Brutality

Deadly Force

Tasers and Nonlethal Use of Force

Controlling Police Misconduct

Legislative Control

Civilian Review Boards

Police Control

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Part III: The Courts

Chapter 10: The Structure of American Courts

State Courts

State Court Infrastructure

Levels of Jurisdiction in State Courts

Courts of Limited Jurisdiction

Major Trial Courts

Appellate Courts

Reform and Unification of State Courts

The Federal Judiciary

U.S. Commissioners Courts and U.S. Magistrates Courts

U.S. District Courts

U.S. Courts of Appeals

The U.S. Supreme Court

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 11: Judges, Prosecutors, and Other Performers at the Bar of Justice

The Courtroom Work Group

Judges

Prosecutors

Defense Attorneys

Bailiffs, Clerks, and Other Courtroom Regulars

The Right to Counsel

Powell v. Alabama

Extending the Right to Counsel

Restrictions on the Right to Counsel

Legal Aid, Assigned Counsel, and Public Defenders

Voluntary Defender Programs

Assigned Counsel Systems

Public Defenders

Contract Systems

Legal, Prosecutorial, and Judicial Misconduct: Aspects of the Criminal Justice Nonsystem

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 12: The Business of the Court: From First Appearance Through Trial

Is Criminal Justice Chaotic?

Bail and Pretrial Release

The Right to Bail

Discretionary Bail Setting

The Bail Bond Business

Criticisms of the Bail System

Pretrial Detention

Preventive Detention

Release on Recognizance

The Grand Jury

Operation of the Grand Jury

Grand Jury Procedure and the Supreme Court

Grand Juries on Trial

The Plea

Not Guilty

Guilty

Nolo Contendere

Insanity

Statute of Limitations

Double Jeopardy

Pretrial Motions

Motion for Discovery

Motion for Change of Venue

Motion for Suppression

Motion for a Bill of Particulars

Motion for Severance of Charges of Defendants

Motion for Continuance

Motion for Dismissal

Speedy and Public Trial

The Supreme Court and Speedy Trial

Speedy Trial and the States

The Speedy Trial Act of 1974

The Right to a Public Trial

The Jury

The Right to a Trial by Jury

Jury Selection

The Venire

The Voir Dire

The Criminal Trial

Opening Statements

Presentation of the States Case

Motion for Directed Verdict

Presentation of the Defenses Case

Rebuttal and Surrebuttal

Closing Arguments

Charging the Jury

Jury Deliberations

Verdict and Judgment

Posttrial Motions

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 13: Sentencing, Appeal, and the Judgment of Death

Sentencing

Sentencing Objectives

Statutory Sentencing Structures

Fines

Imprisonment

Other Sentencing Variations

Disparities in Sentencing

Sentencing Reform

Truth in Sentencing

The Sentencing Process

The Death Penalty

The Death Sentence, 18641967

Capital Punishment and Discrimination

Cruel and Unusual Punishment

The Death Penalty and the Supreme Court

The Return of Capital Punishment

Methods of Execution

The Death Penalty Debate

Capital Punishment at the Beginning of the 21st Century

Appellate Review

The Defendants Right to Appeal

The Prosecutions Right to Appeal

Appellate Review of Sentences

The Appeal Process

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Part IV: Corrections

Chapter 14: From Walnut Street to Alcatraz: The American Prison Experience

Varieties of Punishment

Origins of American Corrections

Punishment in the Colonies

Punishment Versus Reformation

The Classical School of Criminology

American Prisons in Perspective

The Walnut Street Jail

The Separate System

The Silent System

Prison Industries

The Reformatory Era

The 20th-Century Industrial Prison

The Federal Prison System

Jails and Detention Centers

Origins of American Jails

Contemporary Jail Systems

The Jail Population

Jail Conditions

Home Incarceration

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 15: Penitentiaries, Prisons, and Other Correctional Institutions: A Look Inside the Inmate World

Types of Prisons

Maximum-Security Prisons

Supermax Prisons

Medium-Security Prisons

Minimum-Security Prisons

Open Institutions

Correctional Organization and Administration

Police Administration

Prison Personnel

Institutional Routines

Prison Facilities

Classification

Prison Programs

Prison Discipline

Sex in Prison

Same-Gender Sex

Sexual Assault

Conjugal Visitation

Coeducational Prisons

The Inmate Social System

Prisonization

The Inmate Code

Sources and Functions of the Inmate Social System

Women in Prison

Womens Institutions

Women and Children in Prison

The Social Order of Womens Prisons

The Effectiveness of Correctional Treatment

The Martinson Report

Obstacles to Effective Correctional Treatment

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 16: Prison Conditions and Inmate Rights

Attica, 1971

Conditions at Attica

The Revolt

The Assault

In Pursuit of Prisoners Rights

The Wit of Habeas Corpus

Civil Rights and Prisoners Rights

Legal Services in Prison

Johnson v. Avery

Jailhouse Lawyers

Constitutional Rights and Civil Disabilities

Religion

Mail and Media Interviews

Rehabilitative Services

Medical Services

Prisoner Labor Unions

Prison Discipline and Constitutional Rights

The Arkansas Prison Scandal

Solitary Confinement

The Lash

Prison Disciplinary Proceedings

The Conditions of Incarceration

The Texas Prison Suit

The New Mexico Inmate Massacre

Future Prospects

Reform Versus Law and Order

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Chapter 17: Probation, Parole, and Community-Based Correction

Criminal Justice Diversion

The Development of Diversion

Patterns of Diversion

The Impact of Diversion

Community Service Programs

Probation

The Nature of Probation

The Probation Philosophy

Suspended Sentences and Conditional Release

The Presentence or Probation Investigation

Conditions of Probation

Restitution Programs

Probation Services

Shock Probation

Intensive Probation Supervision

Probation Violation and Revocation

The Effectiveness of Probation

Parole

The Origins of Parole

Parole Administration

Eligibility for Parole

Conditions of Parole

Parole Supervision and Services

Parole Violation and Revocation

Parole Discharge

The State of Parole in the United States

Trends in Community-Based Correction

Furlough and Temporary Release

Should Parole Be Abolished?

What Works and What Does Not with Prisoner Reentry

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Part V: Juvenile Justice

Chapter 18: Juvenile Justice: An Overview

The Nature of Juvenile Justice

The Emergence of Juvenile Justice

Parens Patriae

Modern Juvenile Courts

The Processing of Juvenile Offenders

Police Discretion

Petition and Intake

Detention and Bail

Adjudication and Disposition

Juveniles and the Constitution

Due Process and Juvenile Proceedings

Police Encounters and Juvenile Rights

New Jersey v. T.L.O.

Critical Issues in Juvenile Justice

Status Offenders

Juveniles in Adult Courts

Children on Death Row

Juvenile Detention

Juvenile Corrections

Is Child Saving Dead?

Critical Thinking in Criminal Justice

Summary

Key Terms

Issues for Discussion

Media and Literature Resources

Endnotes

Glossary

Credits

Case Index

Name Index

Subject Index