Navigating the Department of Labor's Certification Requirements: Leading Lawyers on Key Stages in the Certification Process, the Role of Employers, and Recent Trends and Developments

by Nero, Deirdre

• ISBN13: 9780314206107
• ISBN10: 0314206108
• Format: Paperback
• Copyright: 2009-04-01
• Publisher: West Group

Table of Contents

Criminal Justice
Criminal Justice in the United States	p. 1
Introduction	p. 3
Formal and Informal Criminal Justice	p. 3
Criminal Justice: Structure and Process	p. 5
The Structure of Criminal Justice	p. 5
The Process of Criminal Justice	p. 6
The Criminal Justice "System"	p. 8
Models of Criminal Justice	p. 8
The Criminal Justice "Wedding Cake"	p. 9
The Criminal Justice "Funnel"	p. 11
The Crime Control Model	p. 12
The Due Process Model	p. 13
History of Crime Control and Due Process	p. 15
Demographics and Criminal Justice	p. 18
Critical Thinking	p. 21
"Justice for all" or "Just us"?	p. 21
Crime, Criminals, and Victims	p. 27
Introduction	p. 28
Types of Crime	p. 28
Crime Trends	p. 29
Did the crime rates really drop?	p. 29
Measuring Crime	p. 31
Crimes Known to the Police	p. 33
Is the number of convenience-store robberies high?	p. 34
Are crime statistics objective measures or subjective constructions?	p. 35
Victim Surveys	p. 36
Are surveys of defensive gun users accurate?	p. 38
Self-Reports of Crime	p. 39
Measuring Occupational Crime	p. 40
Geography of Crime	p. 41
Substance Use and Crime	p. 41
Illegal Drug Use and Crime	p. 41
Is it too early to make policy based on research about crime and drugs?	p. 41
Alcohol Use and Crime	p. 43
Criminals	p. 43
Relationship of Offenders to Their Victims	p. 43
Male and Female Criminals	p. 45
Criminal Careers and Career Criminals	p. 47
Can we rely on the evidence of the career patterns of career criminals?	p. 48
Crime and Occupation	p. 48
Crime Victims	p. 50
Types of Victims	p. 50
Does gender matter in gay and lesbian victimization?	p. 52
Attitudes Toward Victims	p. 52
Protecting and Assisting Victims	p. 53
Victims and the Criminal Justice System	p. 54
Explanations of Criminal Behavior	p. 59
Introduction	p. 60
Early Explanations of Crime	p. 60
Sociological Theories	p. 61
Social Structure Theories	p. 61
Strain Theory	p. 61
Opportunity Theory	p. 62
Social Process Theories	p. 62
Social Learning Theory	p. 63
Do abused children become adult violent criminals?	p. 63
Subculture Theories	p. 65
Social Control Theory	p. 66
Labeling Theory	p. 66
Social Conflict Theories	p. 66
Economic Explanations	p. 67
Is the economic explanation convincing enough to support public policy?	p. 67
Rational Choice Perspective	p. 69
The "Seduction" of Crime	p. 73
Modern Biological Theories	p. 75
Situation Theories	p. 77
Implications of Theory for Policy	p. 78
Criminal Justice and the Law	p. 82
Introduction	p. 83
Criminal Law	p. 84
The Principles of Criminal Law	p. 84
Criminal Law and the Constitution	p. 84
The Principles of Criminal Liability	p. 86
General Principles and Specific Crimes	p. 88
Defenses to Crime	p. 88
Can you shoot muggers when they approach?	p. 89
Was the defendant entrapped?	p. 96
Was he too drunk to intend to kill?	p. 97
Classifications of Criminal Law	p. 104
Felony, Misdemeanor, and Violation	p. 104
Mala in Se and Mala Prohibita	p. 104
Are some crimes inherently evil?	p. 104
Crimes and Torts	p. 105
The Law of Criminal Procedure	p. 106
Due Process of Law	p. 106
Social Theories of Criminal Law and Procedure	p. 108
Consensus and Conflict Perspectives	p. 109
Consensus Theory	p. 109
Conflict Theory	p. 109
Radical Theory	p. 110
The Politics of Criminal Law and Procedure	p. 111
Police
The Missions and Roles of the Police	p. 116
Introduction	p. 117
History of Police	p. 117
English Origins	p. 117
Colonial America	p. 118
The Nineteenth Century	p. 118
The Reform Era, 1895-1950	p. 119
What are the limits of the reform model?	p. 120
The 1960s	p. 120
The Legacy of Twentieth-Century Reform	p. 121
History of Policewomen and Women Policing	p. 121
Law Enforcement Organization	p. 124
Federal Law Enforcement Agencies	p. 124
State Law Enforcement Agencies	p. 125
County Law Enforcement Agencies	p. 125
Municipal Police Departments	p. 125
Private Police	p. 125
Is private security worth the cost?	p. 126
Police Management Styles	p. 128
Police Missions	p. 129
What do police do? How do they do it?	p. 130
Criminal Law Enforcement	p. 133
Which laws should the police enforce?	p. 133
Maintaining Order	p. 134
Does disorder cause serious crime?	p. 135
Policing Domestic Disturbances	p. 137
Is arrest the best policy for all people?	p. 138
Community Service	p. 140
Possible Shifts in Mission Priorities	p. 142
How much time do officers spend enforcing criminal laws?	p. 142
Policing Strategies	p. 147
Introduction	p. 148
Patrol: The Backbone of Policing	p. 149
Mobilizing Patrol	p. 149
Types of Patrol	p. 150
Kansas City Preventive Patrol Experiment	p. 150
Does the Kansas City Preventive Patrol Experiment prove that preventive motor patrol wastes police time and taxpayers' money?	p. 151
Response Time	p. 152
Foot Patrol	p. 153
Single-Officer Patrol	p. 153
Are one-officer patrol units as effective as the San Diego study found?	p. 153
Proactive Policing	p. 154
What's the controversy really about?	p. 154
Hot Spots Patrol	p. 155
Aggressive Field Investigation	p. 156
Undercover Police Work	p. 156
When is undercover police work ethical?	p. 156
Police Crackdowns	p. 157
Are crackdowns good policy?	p. 158
Assessing Crime-Attack Strategies	p. 159
Criminal Investigation	p. 160
Preliminary Investigation	p. 160
Follow-up Investigation	p. 161
Community Policing	p. 162
Policing Illegal Drugs	p. 164
Should kids report their parents to the police?	p. 165
Assessing Community-Oriented Strategies	p. 167
Is community-oriented policing good policy?	p. 167
Police and the Law	p. 175
Introduction	p. 176
Law Enforcement and the Constitution	p. 177
Arrest	p. 179
The Definition of Arrest	p. 179
When did the police arrest Royer? Florida v. Royer	p. 179
The "Reasonableness" Requirement	p. 180
Did the officers have probable cause to arrest?	p. 181
Can the police shoot to kill a fleeing burglar? Tennessee v. Garner	p. 183
Searches	p. 184
Was the search "reasonable"? U.S. v. Ramirez	p. 185
Searches with Warrants	p. 185
Was the "no knock" entry legal?	p. 186
Searches Without Warrants	p. 188
Were they plain-view searches?	p. 190
Are police sweeps good policy?	p. 192
Interrogation	p. 198
Miranda v. Arizona	p. 198
Voluntariness of Confessions	p. 199
Was the confession voluntary?	p. 200
Identification Procedures	p. 201
The Dangers of Mistaken Identifications	p. 201
Identification Procedures and the Constitution	p. 203
Lineups	p. 203
Show-ups	p. 204
Photographic Identification	p. 204
DNA Testing	p. 204
The Exclusionary Rule	p. 205
Controversy over the Exclusionary Rule	p. 206
Social Costs and Deterrent Effects	p. 206
Does the exclusionary rule exact too high a social cost?	p. 207
Issues in Policing	p. 212
Introduction	p. 213
The Police Working Personality	p. 213
Recruitment, Training, and Promotion	p. 214
Education	p. 215
Does college education make "good" cops?	p. 217
The Police Academy	p. 217
Field Training	p. 218
Does broad field experience make "better" cops?	p. 219
Women and Minority Officers	p. 220
Women Officers	p. 220
Minority Officers	p. 222
Should courts establish hiring quotas?	p. 223
Police Stress	p. 225
Police Misconduct	p. 228
Explanations of Police Misconduct	p. 228
Why do police abuse their power?	p. 228
Abuse of Force	p. 228
Are police shootings affected by racism?	p. 233
What is the best policy regarding pursuits?	p. 235
Police Corruption	p. 237
Accountability for Misconduct	p. 238
Criminal Punishment	p. 238
Civil Lawsuits	p. 238
Is the city liable? Thurman v. City of Torrington	p. 240
Internal Review	p. 243
External Review	p. 244
Does civilian review work?	p. 245
Other Responses to Misconduct	p. 246
Courts
Courts and Courtroom Work Groups	p. 252
Introduction	p. 253
Criminal Courts	p. 253
Lower Criminal Courts	p. 253
Trial Courts	p. 255
Appellate Courts	p. 255
Criminal Court Missions	p. 255
Is speed necessarily bad?	p. 256
Due Process	p. 257
Crime Control	p. 257
Organizational	p. 257
Bureaucratic	p. 258
Social Service	p. 258
Courthouse Work Group	p. 258
Judges	p. 259
Prosecutors	p. 261
Is police-prosecutor cooperation worth the effort?	p. 263
Defense Counsel	p. 266
Proceedings Before Trial	p. 273
Introduction	p. 274
The Decision of Charge	p. 274
Consequences of the Decision to Charge	p. 275
Influences on the Decision to Charge	p. 276
When should prosecutors charge?	p. 277
The First Appearance	p. 279
Appointment of Defense Counsel	p. 279
Criminal Defense in Practice	p. 281
Are public defenders ineffective?	p. 282
Bail and Detention	p. 283
Commercial Bail	p. 284
Is commercial bail a good idea?	p. 284
Competing Bail Policies	p. 285
The Law of Bail	p. 285
Preventive Detention	p. 287
Predicting Misconduct on Bail	p. 288
Can drug testing reduce pretrial misconduct?	p. 289
Race and Gender Bias in Bail Decisions	p. 289
Testing the Government's Case	p. 290
Preliminary Hearing	p. 290
Indictment and Information	p. 290
Arraignment and Pretrial Motions	p. 291
Trial and Guilty Pleas	p. 295
Introduction	p. 296
Disposition by Trial	p. 296
Jury Trial	p. 297
Is there a constitutional right to a jury of 12? Williams v. Florida	p. 298
The Political Nature of Juries	p. 300
Does race affect jury deliberations?	p. 300
Should race influence jury nullification decisions?	p. 301
Jury Selection	p. 301
Fair Trial	p. 302
Proving Guilt	p. 303
Was there reasonable doubt? State v. Dewitt	p. 303
Opening Statements	p. 304
Calling and Examining Witnesses	p. 304
Admission of Evidence	p. 306
Closing Arguments	p. 306
Charging the Jury	p. 306
Jury Deliberations	p. 307
Disposition by Guilty Plea	p. 307
Straight Pleas	p. 307
Negotiated Pleas	p. 308
The Prosecutor and Plea Bargaining	p. 309
Defense Counsel and Guilty Pleas	p. 312
Judges and Plea Bargaining	p. 314
Guilty Pleas and the Constitution	p. 315
Plea-Bargaining Reform	p. 316
Use Your Discretion: Abolish plea bargaining?	p. 317
Sentencing	p. 324
Introduction	p. 325
History of Sentencing	p. 326
Revival of Fixed Sentencing	p. 329
Determinate Sentencing Laws	p. 329
Mandatory Minimum Sentencing Laws	p. 330
Was the mandatory minimum sentence appropriate? United States v. Brigham	p. 333
Sentencing Guidelines	p. 336
Was the sentence departure justified?	p. 339
Distribution of Sentencing Authority	p. 342
Determinants of Sentencing	p. 343
Formal Determinants	p. 343
How does philosophy affect sentences?	p. 345
Informal Determinants	p. 345
Presentence Investigation	p. 346
Types of Sentences	p. 346
Is shaming good policy? Illinois v. Meyer	p. 347
Are castration and electric shock appropriate sentences?	p. 349
Indeterminate Sentencing, Disparity, and Discrimination	p. 351
Is the indeterminate sentence responsible for disparity in sentences?	p. 351
Death Sentences	p. 353
Facts About the Death Sentence	p. 354
Public Attitudes Toward the Death Sentence	p. 355
The Cost of the Death Sentence	p. 355
Issues in Death Sentencing	p. 356
Does the death penalty increase the number of murders?	p. 357
The Fallibility Question	p. 358
The Fairness Question	p. 359
Corrections
Community Corrections	p. 365
Introduction	p. 366
Probation	p. 367
The Missions of Probation	p. 367
The Nature and Types of Probation	p. 369
Felony Probation	p. 370
The Conditions of Probation	p. 370
The Revocation of Probation	p. 370
Probation and the Law	p. 372
Are probationers' homes their 'castles'? Griffin v. Wisconsin	p. 373
The Effectiveness of Probation	p. 376
Should felons be put on probation?	p. 376
Intermediate Punishments	p. 377
Intensive Supervised Probation (ISP)	p. 378
Should felons serve time in the community?	p. 380
Home Confinement: Electronic Monitoring	p. 381
Is home confinement good policy?	p. 382
Correctional Boot Camps	p. 382
Do correctional boot camps "work"?	p. 383
Fines	p. 385
Community Service	p. 386
Are community service sentences appropriate?	p. 387
Day Reporting Centers	p. 387
Do intermediate sanctions punish offenders enough?	p. 388
Prisons, Jails, and Prisoners	p. 395
Introduction	p. 396
Prisons	p. 396
History of U.S. Prisons	p. 396
Maximum Security Prisons	p. 400
Medium and Minimum Security Prisons	p. 401
Women's Prisons	p. 402
Prison Administration	p. 403
Corrections Officers	p. 404
The Supervision Hierarchy	p. 405
The "Other Prisoners"	p. 406
Women and Minority Corrections Officers	p. 406
Training	p. 407
What are the advantages of working as a corrections officer?	p. 407
Jails	p. 409
Jail Inmates	p. 410
Jail Programs	p. 410
Jail Conditions	p. 411
New-Generation Jails	p. 411
Private Prisons and Jails	p. 415
Should we privatize prisons and jails?	p. 415
Prisoners	p. 416
Women Prisoners	p. 417
Special Management Prisoners	p. 418
Prisoner Illegal Drug Use	p. 418
Is there a "better way" than imprisoning young African Americans?	p. 419
Prisoner Crimes of Commitment	p. 422
Length of Imprisonment	p. 423
Is "lock 'em up" good public policy?	p. 423
Returning to Prison	p. 425
Prison Life	p. 431
Introduction	p. 432
Male Prisoner Subculture	p. 432
Indigenous or Imported?	p. 432
Adaptive Prisoner Lifestyles	p. 433
The Inmate Code	p. 434
The Prison Economy	p. 434
Should prisoners be allowed contraband goods and services?	p. 435
Consensual Sex in Prison	p. 435
Can we really know how widespread sex in prisons is?	p. 435
Race and Ethnicity	p. 436
Gangs	p. 437
Violence	p. 437
Gangbanging	p. 438
Sexual Assault	p. 438
How much sexual assault is there?	p. 439
Prisoner-Officer Violence	p. 439
The Level 6 Prison at Marion	p. 439
Riots	p. 441
Crowding	p. 442
What is the best policy for prison crowding?	p. 442
Programs	p. 444
Education	p. 445
Rehabilitation	p. 445
Should we expand prison industry programs?	p. 447
Work	p. 448
Recreation	p. 448
Religions Programs	p. 448
Evaluation of Prison Programs	p. 448
Prisoners' Rights	p. 449
"Hands Off" Prisons	p. 450
Overview of Prisoners' Rights	p. 450
Do prisoners have a right against unreasonable searches and seizures?	p. 452
Prisoners' Rights in Operation	p. 453
Internal Grievance Mechanisms	p. 454
Common Grievances and Disciplinary Violations	p. 454
Grievance Procedures and Their Effects	p. 455
Life in Women's Prisons	p. 456
Does more women prisoners mean more female crime?	p. 456
The Culture of Women Prisoners	p. 457
"Getting with the Program"	p. 458
Returning to Society	p. 463
Introduction	p. 464
Release from Prison	p. 465
The History of Parole	p. 465
The Missions of Parole	p. 466
Parole Authorities	p. 467
The Powers of Parole Boards	p. 467
Parole Board Membership	p. 468
Parole Release	p. 468
Parole Board Release	p. 469
Mandatory Conditional Release	p. 472
Parole Supervision	p. 473
The Conditions of Release	p. 473
Parole Programs	p. 474
Parole Officers	p. 474
The Effectiveness of Conditional Release	p. 476
Does the success of parole depend on the kind of parole supervision?	p. 476
Should we spend more money on parole supervision?	p. 478
Parole Revocation	p. 481
What process is "due" to parolees? Morrissey v. Brewer	p. 483
Juvenile Justice
Juvenile Justice	p. 490
Introduction	p. 491
History of Juvenile Justice	p. 491
Should the boys be charged with attempted murder and burglary?	p. 492
Delinquency	p. 494
Should curfew laws be strictly enforced?	p. 495
The Juvenile Justice System	p. 497
Police and Juveniles	p. 497
Juvenile Court	p. 499
Juvenile Corrections	p. 501
Community Corrections	p. 502
Institutional Corrections	p. 502
Certification	p. 504
How should criminal justice treat juveniles who murder?	p. 505
Careers in Criminal Justice	p. 511
The Constitution of the United States	p. 517
Glossary	p. 527
Table of Cases	p. 535
Name Index	p. 537
Subject Index	p. 542
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