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Michigan State University
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The American System of Criminal Justice, © 2019, 2017 Cengage Learning, Inc.
Sixteenth Edition
George F. Cole, Christopher E. Smith, and Unless otherwise noted, all content is © Cengage.
Christina DeJong
ALL RIGHTS RESERVED. No part of this work covered by the copyright herein
may be reproduced or distributed in any form or by any means, except as
Senior Product Director: Marta Lee-Perriard permitted by U.S. copyright law, without the prior written permission of the
copyright owner.
Product Team Manager: Carolyn Henderson
Meier
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ABOUT THE AUTHORS
iii
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BRIEF CONTENTS
iv
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CONTENTS
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vi Contents
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Contents vii
PA RT 2 POLICE 195
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viii Contents
PA RT 3 COURTS 385
EVIDENCE-BASED PRACTICE AND POLICY: Problem-
9 COURTS AND PRETRIAL
PROCESSES 386
Solving Courts 396
How to Become a Judge 397
CLOSE UP: The Image of Justice 398
The Structure of American Courts 389 CIVIC ENGAGEMENT: Your Role in the System 402
Effective Management of the State Courts 391 From Arrest to Trial or Plea 402
To Be a Judge 392 Bail: Pretrial Release 406
Who Becomes a Judge? 393 CRIMINAL JUSTICE AND THE RISK OF
Functions of the Judge 394 MISINFORMATION: Rumors and Vigilante Action 407
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Contents ix
The Reality of the Bail System 408 The Impact of Courtroom Workgroups 477
Bail Agents 409 Plea Bargaining 478
CIVIC ENGAGEMENT: Your Role in the System 411 Exchange Relationships in Plea Bargaining 480
Setting Bail 411 Tactics of Prosecutor and Defense 481
Reforming the Bail System 412 Pleas without Bargaining 482
TECHNOLOGY AND CRIMINAL JUSTICE: Technology Legal Issues in Plea Bargaining 483
and Pretrial Release 414 Criticisms of Plea Bargaining 484
Pretrial Detention 416 CIVIC ENGAGEMENT: Your Role in the System 485
INSIDE TODAY’S CONTROVERSIES: The Kalief Browder Trial: The Exceptional Case 485
Tragedy: Poor, Young, and in Solitary Confinement 418
Going to Trial 486
A QUESTION OF ETHICS 420
The Trial Process 488
Summary 420 CIVIC ENGAGEMENT: Your Role in the System 489
INSIDE TODAY’S CONTROVERSIES: Race and The
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x Contents
PA RT 4 CORRECTIONS 555
TECHNOLOGY AND CRIMINAL JUSTICE: Technology
13 CORRECTIONS 556 and a Drastic Reduction in the Use of Prisons 604
A QUESTION OF ETHICS 611
Development of Corrections 560
Summary 611
Invention of the Penitentiary 561
14 COMMUNITY
CRIMINAL JUSTICE AND THE RISK OF
MISINFORMATION: The Use and Abuse of the Phrase CORRECTIONS: PROBATION
“Anecdotal Information” 562 AND INTERMEDIATE SANCTIONS 614
Reform in the United States 564
Reformatory Movement 569 Community Corrections: Assumptions 616
Improving Prison Conditions for Women 570 Probation: Corrections without Incarceration 617
Rehabilitation Model 571 Origins and Evolution of Probation 618
Community Model 572 Organization of Probation 619
Crime Control Model 573 INSIDE TODAY’S CONTROVERSIES: Private
Probation 620
Organization of Corrections in the United States 574
Probation Services 621
Federal Correctional System 574
TECHNOLOGY AND CRIMINAL JUSTICE: Technology
State Correctional Systems 575
and Probation 622
CIVIC ENGAGEMENT: Your Role in the System 577
CIVIC ENGAGEMENT: Your Role in the System 623
Private Prisons 578
Reliance on Volunteers 623
INSIDE TODAY’S CONTROVERSIES: Privatization of
Revocation and Termination of Probation 625
Services in Public Prisons and the Risk of Misconduct 580
Assessing Probation 628
Incarcerated Immigrants 582
EVIDENCE-BASED PRACTICE AND POLICY: Reducing
Jails: Detention and Short-Term Incarceration 584 the Risk of Recidivism for Probationers 628
Origins and Evolution 584
Intermediate Sanctions in the Community 630
The Contemporary Jail 585
Intermediate Sanctions Administered Primarily
Who Is in Jail? 585 by the Judiciary 631
Managing Jails 586 CLOSE UP: Controversies Over Forfeiture of Cash
EVIDENCE-BASED PRACTICE AND POLICY: Evidence- and Property 634
Based Practices, Jails, and Mental Illness 588 Intermediate Sanctions Administered in the Community 634
The Law of Corrections 589 CIVIC ENGAGEMENT: Your Role in the System 637
CIVIC ENGAGEMENT: Your Role in the System 589 Intermediate Sanctions Administered in Institutions
Constitutional Rights of Prisoners 590 and the Community 640
CLOSE UP: The Supreme Court’s Decision in Holt v. Hobbs Implementing Intermediate Sanctions 642
(2015) 592 CRIMINAL JUSTICE AND THE RISK OF
Law and Community Corrections 598 MISINFORMATION: Jailed Over Record-Keeping Flaws in
Law and Correctional Personnel 600 Community Corrections 644
Correctional Policy Trends 601 The Future of Community Corrections 644
Community Corrections 602 A QUESTION OF ETHICS 645
Incarceration 603 Summary 646
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Contents xi
Male versus Female Subcultures 676 Parole Officer: Cop or Social Worker? 725
Issues in the Incarceration of Women 677 The Parole Bureaucracy 727
Adjustments to Life Outside Prison 727
Prison Programs 681
TECHNOLOGY AND CRIMINAL JUSTICE: Using GPS to
Classification of Prisoners 682
Track Sex Offenders on Parole 728
Educational Programs 682
INSIDE TODAY’S CONTROVERSIES: The Movement to
CIVIC ENGAGEMENT: Your Role in the System 683 Ban the Box 730
Vocational Education 683 Revocation of Parole 730
Prison Industries 684
The Future of Prisoner Reentry 732
Rehabilitative Programs 686
Civil Disabilities of Ex-Felons 733
EVIDENCE-BASED PRACTICE AND POLICY: Evidence-
Based Prison Practices to Reduce Recidivism 686 A QUESTION OF ETHICS: Neighborhood Resistance
to Placement of Community Corrections Programs and
Medical Services 687
Facilities 736
Violence in Prison 689 Summary 736
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xii Contents
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PREFACE
Most students come to the introductory course in criminal The American public is accustomed to seeing offi-
justice intrigued by the prospect of learning about crime cials in the criminal justice system—legislators, pros-
and the operation of the criminal justice system. Many of ecutors, judges, defense attorneys, and corrections
them look forward to the roles they may one day fill in officials—as constituting the decision makers who
allocating justice, either as citizens or in careers with the shape criminal justice policies and processes. Students
police, courts, or corrections. All have been exposed to who aspire to careers in these positions undoubtedly
a great deal of information—and misinformation—about recognize their potential importance to the system. Less
criminal justice through the news and entertainment well recognized, however, are the influence and impor-
media. Whatever their views, few are indifferent to the tance of all citizens in their roles as voters, members of
subject they are about to explore. neighborhood associations and community organiza-
Like all newcomers to a field, however, introduc- tions, and even as renters and homeowners. In these
tory students in criminal justice need, first, content roles, all Americans influence criminal justice through
mastery—a solid foundation of valid information about a variety of activities, ranging from formal decisions
the subject—and second, critical understanding—a about voting or buying security systems for businesses
way to think about this information. They need concep- and churches to less formal actions in personal crime-
tual tools that enable them not only to absorb a large prevention decisions (e.g., locking cars, reporting suspi-
body of factual content but also to process that infor- cious activity) that guide the nature and extent of crime
mation critically, reflect on it, and extend their learning problems as well as the allocation of law enforcement
beyond the classroom. This text aims at providing both resources. The influence of all Americans on criminal
the essential content and the critical tools involved in justice will be highlighted throughout the book, espe-
understanding criminal justice. cially in the feature Civic Engagement: Your Role in the
This edition continues the book’s recent unifying System, which gives students concrete opportunities to
emphasis on citizens’ varied and important roles in in- analyze and make decisions about real-life examples.
fluencing criminal justice policies and processes. Social Three other features in the book reinforce this theme.
commentators and political scientists have long noted In addition, a critical-thinking element, Stop and
that young Americans seem insufficiently interested Analyze, which follows each subsection within every
and engaged in public affairs. Participation rates for chapter, poses questions to students about issues con-
youthful voters lag behind those of older demographic cerning the material that they have just read. Many of
groups. Surveys indicate that many young people lack these Stop and Analyze questions challenge students to
knowledge about both current events and the operation develop arguments and conclusions about their own
of their country’s governing system. Such trends raise positions on contemporary controversies. A similar fea-
questions about the vibrancy of the American democ- ture, Debate the Issue, included in the Close Up boxes
racy and the range of values and opinions that inform within each chapter, also leads students to engage in
decisions about public policies. analytical thinking about concrete problems and is-
Young Americans are certainly entitled to make sues in criminal justice. These exercises help students
their own choices about whether and how they become to become intellectually engaged in relevant issues and
involved in public affairs. If, however, their lack of par- problems as a means to move away from citizens’ pas-
ticipation is due to insufficient knowledge about their sive acceptance of other people’s exclusive control over
important potential roles in democratic processes, then decision making and policy formulation.
the study of criminal justice—a high-interest subject This unifying emphasis on civic engagement draws
for college students—presents an opportunity to make from all three of the book’s major themes because ac-
clearer to them all citizens’ inevitable and unavoidable tive and informed citizens must use knowledge of the
roles in affecting criminal justice. system’s characteristics and American values in order
xiii
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xiv Preface
to understand and improve their own actions that influ- dynamic as criminal justice. The social scene changes,
ence public policy. research multiplies, theories are modified, and new
policies are proposed and implemented while old ones
become unpopular and fade away. Students and their
The Approach of This Text: needs change as well. Accordingly, we have made this
Sixteenth Edition even more current, vital, cohesive,
Three Key Themes and appealing to students and instructors alike.
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Preface xv
property damage and arrests. These incidents brought practices in criminal justice. There is greater recogni-
into sharp focus debates about use of force, police– tion among policy makers about the high financial costs
community relations, and discrimination in the justice of incarceration and the significant societal costs of fail-
system. In order to highlight and examine these and ing to prepare offenders for reintegration into society.
other issues, we have expanded the feature entitled In- In addition, social media and the proliferation of shared
side Today’s Controversies so that there is one example photos and videos have highlighted questions about po-
in each chapter. The focus on current controversies is lice practices and fairness in the justice system in ways
used to illuminate aspects of each segment of the sys- that have heightened public awareness and concern.
tem, from policing to courts to corrections to juvenile Throughout the Sixteenth Edition, there are examples
justice. Several of these features concern police use of of reform initiatives and proposals intended to increase
force and police–community relations. For example, fairness, enhance effectiveness, and limit budgetary ex-
one Inside Today’s Controversies box examines the hu- penditures in criminal justice. Issues affecting policing,
man consequences of aggressive, racially skewed stop- courts, and corrections are highlighted in various fea-
and-frisk practices. Others focus on issues elsewhere in tures, including the Close Up and the Evidence-Based
the justice system, such as questions about the fairness Practice and Policy boxes.
of grand jury proceedings and problems stemming from
privatization in corrections and probation. Real Ethical Problems and Dilemmas
Facing Officials in Each Segment
Improving the Accuracy of Information
of the Criminal Justice System
and Reliability of Communications As in previous editions, each chapter ends with A Ques-
Contemporary students live in a technological age tion of Ethics, but many of these features have new, up-
and are inundated with information from a variety of dated content. These contemplative exercises provide
sources, including social media outlets that either inten- real situations drawn from recent news reports. Students
tionally or unwittingly spread inaccurate information. are asked to consider genuine cases concerning police
The label “fake news” is bandied about by politicians honesty in reporting crime statistics, sentencing dispari-
seeking to direct the public’s attention in a certain direc- ties, departmental quotas imposed on officers for writ-
tion, although not necessarily in the direction of truth. ing tickets or frisking pedestrians, corrections officers’
Americans are challenged to develop an awareness of use of violence to punish prisoners, and problems with
how to detect false information and seek the facts about privatization of prison services. Students are then chal-
specific topics. This issue has special consequences for lenged to place themselves in the position of administra-
criminal justice as the dissemination of inaccurate in- tors who must think about how to organize or reform
formation can distort understanding of social problems training, supervision, and other elements that are es-
and lead to policies and practices that are misdirected. sential for addressing ethical lapses by justice system
An additional aspect of information problems occurs officials.
through recordkeeping and communication errors in the
criminal justice system. Students need a keen awareness
of such problems in order to be able to recognize issues
Expanded Focus on Technology
and seek useful, correct information. A new feature in and Criminal Justice
each chapter, Criminal Justice and the Risk of Misin- The rapid pace of technological development and
formation, highlights a variety of problems related to change has profound effects on criminal justice. Tech-
information and communications. Examples within the nology creates new opportunities for lawbreakers to
chapters include the widespread dissemination of erro- steal money, corporate assets, and trade secrets. The
neous crime rates, harmful actions undertaken in reli- public is familiar with some aspects of these problems
ance on inaccurate social media postings, and arrests through publicity about identity theft and hackers’ suc-
of innocent people due to inaccurate recordkeeping by cess in stealing credit card numbers. Technology poses
police departments and courts. other problems for criminal justice, such as the sophis-
ticated weapons that police officers encounter in the
Proposals for Reform of the Justice hands of organized crime groups, gangs, and individual
criminals. Technology also presents opportunities for
System criminal justice officials to prevent crime, investigate
In recent decades, the primary focus of the justice sys- crime, maintain order, and control incarcerated popula-
tem has been on crime control and punishment. The tions. In addition, technology can raise questions about
past few years, however, have seen a shift toward con- collisions between citizens’ constitutional rights and of-
cerns about the effectiveness and costs of policies and ficials’ efforts to catch criminal offenders. Each year,
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xvi Preface
new aspects of technology develop that impact crimi- bullets. A new Close Up feature illustrates differences
nal justice. Thus the Technology and Criminal Justice in political parties’ assumptions and conclusions about
features throughout the book focus on current issues of crime by comparing the policy initiatives of the Obama
critical importance to students, including transnational administration with the statements and promises of
cybercrime; ransomware attacks on police departments’ President Donald Trump and his eventual U.S. attor-
computers; the use of drones to deliver contraband over ney general Jefferson Sessions. The Inside Today’s Con-
prison walls; military equipment used by local police troversies feature focuses on police misconduct during
agencies; surveillance technology; and controversies December 2016 and January 2017 as well the January
about lethal injection protocols and drugs. 2017 Justice Department report on the Chicago Police
Department. The examples illustrate the necessity of
New and Expanded Topics critically analyzing criminal justice organizations and
processes in order to understand their actual flaws that
in the 16th Edition need corrective action. The new Criminal Justice and the
The use of local justice systems to generate revenue; Risk of Misinformation feature highlights the issue of in-
privatization of local probation; bail reform; drug policy accurate information available on the Internet and social
(sentencing, opioid epidemic, legalization of marijuana, media; the problem of people filtering out information
designer drugs); social media and criminal justice; police that challenges their preexisting beliefs; and the example
ethics; police strategies for handling public demonstra- of Missouri’s continued relaxation of gun laws despite
tions; violent attacks on the police; police use of force; evidence that this direction of policy is associated in that
training of police on de-escalation and implicit bias; state with a marked increase in gun homicides.
police–community relations; police acquisition of mili- There are also new examples of political crimes and
tary equipment/tactics; homeland security—“lone wolf” various kinds of occupational and cybercrimes drawn
attacks; vulnerabilities in airport security and other new from 2016 and 2017, including the Oregon wildlife ref-
kinds of emergency-response situations requiring coor- uge standoff (politically motivated crime) and Russian
dination; evidence-based practices; police body cameras; hacking to influence the U.S. elections.
police use of drones; guns—carrying/concealed weapons;
new California and other jurisdictions’ laws with restric- Chapter 2, Victimization and Criminal Behavior
tions on guns; prison/jail health and mental health; men- The new chapter opener uses an Uber driver’s shoot-
tal health and policing; technology in corrections; solitary ing of eight strangers in Kalamazoo, Michigan, in 2016
confinement; prison education programs; reentry; sen- and a Houston doctor’s conviction for defrauding the
tence reform; reductions in prison populations; recent Medicare program in 2016 as examples of the questions
spikes in certain crimes in specific cities; prison priva- raised about the causes of crime and how we define the
tization amid changes in presidential administrations; victims of various crimes. The new Criminal Justice and
expanded use of pardon power under President Obama. the Risk of Misinformation feature focuses on presiden-
tial candidate Donald Trump’s tweet of starkly inac-
Key Chapter-by-Chapter Changes curate crime statistics that could reinforce stereotypes
about African Americans as being primarily responsible
Chapter 1, Crime and Justice in America for violent crime. The feature calls attention to the need
A new chapter opener focuses on the mass shooting in to double-check information before sharing through so-
January 2017 at the Ft. Lauderdale airport, killing five cial media. The new Inside Today’s Controversies fea-
people and wounding six others. The incident raises ture discusses debates about the focus of the Violence
questions about the nature of crime and the public’s per- Against Women Act, including the federal government’s
ceptions about crime. A new What Americans Think role in trying to shape state and local domestic vio-
presents public opinion poll results from 2016 for young lence policy as well as the prospect of the new Trump
adults (ages 18–29) showing strong doubt among a sig- administration cutting grants that had been distributed
nificant number of people concerning the justice sys- through this program. There is new data on the intra
tem’s capacity to make unbiased, fair decisions. The new racial nature of homicide and a comparison with gender
Evidence-Based Practice and Policy feature provides an and aspects of criminal victimization. New informa-
overview of the development of evidence-based practices tion about Gallup Polls from 2015 and 2016 illuminate
and policy, including issues in research and implemen- Americans’ fear of crime and the factors that differen-
tation. There are examples of new gun laws effective in tiate people’s perceptions about fear. Additional new
2017 that contrast Republican success in eliminating information updates shifting budgetary priorities and
most requirements for carrying concealed firearms with attendant impacts on victim assistance programs. The
Democrats’ new laws in California imposing restrictions new Evidence-Based Practice and Policy feature focuses
on firearms and background checks for the purchase of on the effectiveness of victim services.
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Preface xvii
Chapter 3, The Criminal Justice System a University of Washington student was acquitted after
The new chapter opener provides the details of the stabbing another student in an altercation that began
arrest, prosecution, and trial of minor television celeb- from an argument over a parking space. The insanity
rity Dustin Diamond after an altercation at a bar in defense material is updated to include John Hinckley’s
Wisconsin. The example illustrates the specific steps in release from a mental hospital after 35 years of confine-
the criminal justice process from event to punishment. ment and treatment following his assassination attempt
The Evidence-Based Practice and Policy feature exam- on President Ronald Reagan. The new Criminal Justice
ines public surveillance and research evidence concern- and the Risk of Misinformation feature concerns the
ing crime prevention efforts through the use of CCTV narrowness of the Supreme Court’s interpretation of the
systems in public places. There is new material on racial right to own handguns under the Second Amendment
profiling that includes descriptions by prominent African and the claims by many people that the Second Amend-
Americans—U.S. Senator Tim Scott of South Carolina, ment means much more than what the Supreme Court
and Ron Sims, the retired County Executive from the has actually said. A new Inside Today’s Controversies
Washington State county that includes Seattle—about feature presents a 5-to- 4 Supreme Court decision
being stopped by police multiple times for no apparent (Florida v. Jardines) concerning the use of drug-sniffing
reason other than their skin color. The new Criminal dogs that could change with the replacement of the late
Justice and the Risk of Misinformation feature discusses Justice Scalia by President Trump’s conservative Supreme
President Trump’s executive order for the Department Court appointee, Justice Neil Gorsuch. The new
of Homeland Security to issue weekly reports on crimes Evidence-Based Practice and Policy feature discusses de-
committed by undocumented immigrants. The feature bates concerning judges’ capability to use social science
raises issues about how this provision may be inter- research as part of their policy-shaping decisions.
preted, the difficulties involved in gathering nationwide
information on a weekly basis, and the risk of distorting Chapter 5, Police
an accurate analysis of crime statistics by focusing on The new chapter opener concerns February 2017 pro-
a specific demographic group in isolation and not with tests on the Berkeley campus of the University of
comparative reference to the overall picture of crime that California, and the police department’s controversial de-
includes considerations of other demographic groups. A cision to monitor rather than actively intervene to reduce
new Technology and Criminal Justice feature focuses the risk of injuries to bystanders and officers. The new
on the challenge of anticipating new technological Criminal Justice and the Risk of Misinformation feature
developments and attendant problems—using the exam- concerns the need for educated citizens to do research
ple of self-driving vehicles—which will ultimately raise on factual statements and policy proposals by political
new policy issues for policing. For example, should po- candidates and politicians. The need for this ability is
lice have the ability to use technologies that could over- greater than ever because there are sometimes efforts to
ride a vehicle’s software in order to take control of a fully use false statements to generate overblown public fears
automated vehicle? If so, could such police capability be that enable politicians to shape policies in criminal
misused to improperly stop vehicles? justice and homeland security in misguided ways. The
new Technology and Criminal Justice feature discusses
Chapter 4, Criminal Justice and the Rule of Law Chicago’s announcement in 2017 that the city will en-
The new chapter opener focuses on the entrapment de- hance its use of technology for more-effective law en-
fense by comparing cases in Texas (2016) and Florida forcement and crime prevention, and raises questions
(2013) in which men were charged with online solici- about the potential effectiveness of this approach. The
tation of teenage girls without knowing that they were Inside Today’s Controversies feature looks at controver-
actually communicating online with police officers, sial lethal uses of force by police and the initiation of the
not young girls. In one case, the jury acquitted the man President Obama’s Task Force on 21st Century Policing.
based on the entrapment defense but in the other case
they convicted. The cases illustrate defenses to crimi- Chapter 6, Police Officers and Law
nal charges and the uncertainty about how juries will Enforcement Operations
be persuaded in criminal trials. There is new civil for- The new chapter opener highlights dangers faced
feiture information, including the example from 2016 by police officers through the example of 2016 fatal
of a Christian music group raising money for a religious shooting of an Arkansas officer by a man barricaded
college and an orphanage, only to have the money from in a mobile home after a domestic dispute. The new
their concerts seized during a traffic stop when police de- Criminal Justice and the Risk of Misinformation
clared the case to be proceeds from illegal drug deals— box illuminates the importance of good communica-
despite finding no drugs in the vehicle. There is a new tion and information systems within justice system
illustration of self-defense based on a 2016 case in which agencies. The tragic example of miscommunication
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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xviii Preface
concerns the police shooting of a 12-year-old boy testimony about microscopic hair evidence for many
in Cleveland. The boy was carrying a toy gun but years. In addition, a chemist in Massachusetts was
the dispatcher had not informed officers that the sentenced to prison for false, pro-prosecution testi-
911 caller had stated that the person could be a juve- mony concerning her analysis of drug evidence. There
nile with a toy and not necessarily an adult carrying a is new information on rapid DNA testing devices
real firearm. There are also examples of people “lost” that permit police officers to do quick DNA tests—
in corrections institutions through poor record keep- although the test results are expensive and are not yet
ing. The new Inside Today’s Controversies focuses on integrated into national databases. A new figure shows
the debate over de-escalation training for police use of 2016 state laws requiring training for armed security
force. The new What Americans Think shows results guards, including 14 states with no training require-
from a 2016 public opinion poll indicating stark dif- ments and other states that require no shooting test for
ferences between whites and African Americans views private security officers. The Inside Today’s Contro-
of African Americans’ fatal encounter with police as versies feature discusses critics’ concerns that the use
isolated incidents or signs of broader problems with of military equipment and tactics by police can lead
policing. There is new information on the number of to unnecessary aggressiveness and alienation from the
volunteer officers and 2016 examples on dangers of communities that police are supposed to serve. The
using volunteer officers—including sentencing of a new Evidence-Based Practice and Policy feature con-
Tulsa, Oklahoma, volunteer who killed an unarmed cerns research and training to issues of implicit bias
suspect when he mistakenly pulled out and shot his that may affect police officers in ways that they do not
firearm and not his stun gun. even recognize in themselves. A new Question of Eth-
There is new information and examples noting the ics includes links to videos of California officers beat-
changing police role with respect to drug enforcement ing unarmed suspects who surrendered after forcing
in light of spreading marijuana legalization and the em- officers to chase them.
phasis on treatment rather than enforcement for heroin
and opioid abuse in some places. There is new coverage Chapter 8, Police and Constitutional Law
of concerns about the use of crime-prediction software, There is new material in the chapter opener and the
including issues of inaccurate data and risks for police– Technology and Criminal Justice feature on contro-
community relations by sending officers to less-affluent versies police access to citizens’ cell phones, including
neighborhoods with a heightened state of suspicion af- police use of “stingray” cell-phone tracking technol-
fecting officers’ interactions with people who live there. ogy and the 2017 law proposed in Congress to require
a warrant for such surveillance. Additional material
Chapter 7, Policing: Contemporary Issues concerns the dramatic increase in the number of war-
and Challenges rantless searches of laptops and smartphones by U.S.
The chapter opening discusses the shooting deaths of Customs and Border Protection officers at border entry
Alton Sterling in Baton Rouge and Philando Castile in points and international airports, with half of the nearly
Minnesota at the hands of police, as well as the re- 24,000 searches directed at devices owned by Ameri-
sulting protests and the tragic shootings of police of- can citizens. The new Close Up examines the Supreme
ficers in Dallas and Baton Rouge that followed from Court’s decision in Utah v. Strieff (2016) that expanded
these events. The new Criminal Justice and the Risk police authority to stop and question pedestrians. New
of Misinformation feature concerns a CNN report on material presents concerns about the impact of electro-
erroneous statistics regarding outsiders’ participation shock from police stun guns causing temporary cogni-
in a protest in Charlotte, North Carolina, based on a tive impairment that would impede truly knowing and
speculative comment by a police officer. What respon- voluntary waiver of Miranda rights.
sibility does the news media bear for checking facts The new Inside Today’s Controversies feature fo-
before reporting what others have said? The Technol- cuses on the suspect in the 2016 New Jersey and New
ogy and Criminal Justice feature presents new content York bombings and how his arrest renewed debates
on ransomware attacks, especially those directed at about whether terrorism suspects should be given
police departments. A Texas police department lost Miranda rights. The new Criminal Justice and the Risk
eight years’ worth of digital evidence in 2017 after re- of Misinformation feature concerns cases in which po-
fusing to pay $4,000 to hackers—presumably based in lice relied on erroneous information in justice system
eastern Europe—in order to regain access to the police databases or from inadequate training and communica-
computer system. tion, resulting in rights violations and arrests—with the
There are new examples of misconduct by crime lab majority of justices on the Supreme Court declining
scientists, including the FBI’s admission in 2015 that to make the protection of rights a higher priority than
its examiners had provided overstated, pro-prosecution the acquisition of evidence. A new Question of Ethics
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Preface xix
feature concerns five police officers caught lying under Chapter 10, Prosecution and Defense
oath about a search they undertook at a traffic stop—as The new chapter opening describes prosecution and de-
they did not know that the dashboard camera in one pa- fense strategies in the trial of Michael Slager, the po-
trol car was recording their actual actions in conducting lice officer in North Charleston, South Carolina, whose
an illegal search of the driver’s vehicle. actions in shooting a motorist fleeing on foot—Walter
Scott—were captured on cell-phone video by an unseen
Chapter 9, Courts and Pretrial Processes bystander. There is new information on controversy sur-
The new chapter opener focuses on the pretrial bail rounding the appointment of Jefferson Sessions as U.S.
and plea bargaining processes leading to the March attorney general in 2017. There is also new informa-
2017 sentencing of John Gotti—namesake grandson tion from 2017 reports about local police departments
of the famous New York City crime boss—for selling keeping their own DNA databases contained in the
drugs. In the new Close Up, there is an examination Technology and Criminal Justice feature. A new What
of judges’ behavior in the courtroom; new examples Americans Think feature presents a 2016 poll showing
from 2016 include a judge jailing domestic violence New Jersey citizens’ strong disagreement with federal
victims for contempt of court, handcuffing a defense prosecutors’ decision declining to criminally charge
attorney, and the example of the Stanford athlete sen- Governor Chris Christie in the “Bridgegate” scandal.
tenced to only three months in jail for sexual assault. A new Criminal Justice and the Risk of Misinforma-
There is a new example of nine African American tion feature concerns conspiracy theorists’ claims that
women elected as judges in one county in Alabama the mass shooting at Sandy Hook Elementary School
in 2016 in order to pose the question whether judges in Newtown, Connecticut, never occurred in Decem-
should be elected by the voters to represent the com- ber 2012. Because prosecutors often have responsibil-
munity and the risk that merit selection will lead to ity for victim services, do prosecutors have any special
only the selection of elite attorneys from the gover- duty to refute these hoaxes, especially when it leads
nor’s political party. The new Criminal Justice and people who believe such misinformation to harass and
the Risk of Misinformation feature discusses risks threaten crime victims’ families? There are also exam-
from the spread of false information on Facebook and ples of cases in which prosecutors opposed permitting
other social media outlets, including the beating of a newly developed DNA tests for preserved evidence even
homeless man in California based on a false Facebook though such tests may demonstrate that an individual
post that said he assaulted women. Another example was wrongly convicted. The Evidence-Based Practice
is the death threats against a businessman in Mon- and Policy feature discusses the challenges of identify-
tana after a false Facebook post led people to believe ing and adopting best practices for criminal defense
that he was constructing apartment buildings to house attorneys in light of disagreements about the goal of
refugee immigrants. There are new examples of risks defense practices (e.g., Help client with rehabilitation?
and abuses from bail agents, including a bail agent Protect rights? Seek lightest punishment?) and the rela-
pressuring female jail inmates for sex when they could tive lack of research on defense attorneys and prosecu-
not afford to pay bail fee, and bail agents working tors compared to other aspects of the justice system.
secretly with court clerks to alter records in order to The Close Up considers the role of appellate courts
avoid forfeiting money when clients failed to appear in indigent defense reform including new information
for hearings. In the Technology and Criminal Justice on the Michigan Supreme Court which for the first time
feature on electronic monitoring of people released on in 2016 set standards for performance for criminal de-
bail, there is new information on the controversy over fense attorneys. A new Question of Ethics from 2016
disadvantages experienced by poor defendants who concerns a misconduct violation found to have been
cannot afford the monitoring fees. New information committed by a North Carolina attorney for picking up
on bail reform uses 2016 changes in New Mexico and a water bottle to seek DNA testing of the object after
Indiana as examples. The new Inside Today’s Con- the person drinking from the bottle had refused to pro-
troversies feature discusses the tragic case of Kalief vide a DNA sample. The attorney took the action to as-
Browder, the teenager who was held in a New York sist her client—a man who was ultimately found to have
City jail for three years—including prolonged time served nearly 40 years in prison for a double murder
in solitary confinement—before prosecutors dropped that he did not commit.
the robbery charge against him. His family had been
unable to come up with the $3,000 bail to secure his Chapter 11, Determination of Guilt:
release. Eventually he committed suicide. His story Plea Bargaining and Trials
provided the basis for a highly publicized documen- The new chapter opener examines the trial of Brandon
tary film series in 2017 raising several important Vandenburg, a Vanderbilt University football player
issues about bail and jail. convicted of sexual assault and sentenced to prison in
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Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xx Preface
2016. The new Inside Today’s Controversies feature feature focuses on claims that certain laws, policies, or
concerns Supreme Court decisions in 2016 (Foster v. programs “don’t work”—using one example about gun
Chatman) and 2017 (Pena-Rodriguez v. Colorado) control and another example about after-school pro-
about aspects of racism affecting jury selection and grams for children. The feature asks the student to be
jury decision making. The feature also includes the wary of broad generalizations that may be politically
controversy over after-trial revelations that several ju- or ideologically motivated, and to investigate before
rors in the case of Ray Tensing, the white University of accepting such generalized claims. The new Technol-
Cincinnati police officer charged with murdering Sam ogy and Criminal Justice feature presents examples
DuBose, an unarmed African American motorist, had from 2016 and 2017 illuminating states’ difficulty in
indicated either racial biases or pro-police biases on obtaining lethal injection drugs and questions that this
their jury questionnaires. Thus critics were concerned problem raises about the future of the death penalty.
that the mistrial resulting from the jury deadlock had There is new information about Justice Stephen Brey-
been affected by bias. The new Criminal Justice and er’s December 2016 argument that the Supreme Court
Risk of Misinformation concerns the problems of ju- should consider whether decades’ long delays between
rors seeking information from the Internet and social sentencing and execution constitute cruel and unusual
media when they are supposed to limit information punishment. A new Gallup Poll indicates that Ameri-
about a criminal case to the evidence, arguments, and cans’ 60 percent level of support for capital punish-
instructions in the courtroom. One example is from a ment in 2016 is the lowest level of support in the past
2014 manslaughter case in Florida in which more than 45 years and reflects a widening gap of disagreement
one juror was caught improperly using the Internet between Democrats and Republicans. The Evidence-
against the instructions of the judge. Drawing from the Based Practice and Policy feature presents evidence-
Supreme Court decision about racial discrimination in based sentencing including critics’ concerns about the
jury selection in Foster v. Chatman (2016), the Close unproven reliability and accuracy of needs assessments
Up feature focuses on the debate over whether peremp- by judges that might therefore contribute to discrimi-
tory challenges should be abolished. nation in sentencing.
Using the example of the FBI’s 2015 admission that
its scientists had provided inaccurate pro-prosecution Chapter 13, Corrections
testimony in cases stretching back 20 years, especially The new chapter opener focuses on 2016 controver-
concerning hair-match evidence, the Technology and sies over excessive use of force by corrections officers
Criminal Justice feature examines forensic science is- in New York state prisons and their lack of account-
sues, including the question of relying on testimony ability for improper conduct. The Criminal Justice and
about DNA evidence. The new Evidence-Based Practice the Risk of Misinformation feature concerns new U.S.
and Policy feature discusses efforts to improve jury in- Attorney General Jefferson Sessions dismissing the
structions and jurors’ ability to understand what they Obama administration’s report on Ferguson, Missouri,
heard in a trial. The new Question of Ethics feature ex- as “anecdotal”—but then also admitting that he had
amines a Texas judge in 2016 who announced that he not actually read the report. Is anecdotal information
would not approve plea bargains in certain cases. useful? The example raises the issue of the need to be
wary about the use of phrases for political purposes
Chapter 12, Punishment and Sentencing that seek to reject available information. There is new
The chapter opener shows the wide range of sentences information on the Obama administration’s decision to
for teachers convicted of sex crimes with student vic- phase out federal government’s use of private prisons
tims. The examples from 2017 include a female teacher and the Trump administration’s action in reversing that
in Louisiana who received only a sentence of proba- order. The new Inside Today’s Controversies feature
tion for victimizing a male student—a stark contrast concerns the problem of privatizing services in prisons
from the 20-year sentence imposed on a male teacher with a focus on Michigan’s issues with food quality
in Texas with an underage female victim. New mate- leading to prisoner protests as well as sexual miscon-
rial discusses developments with good time and earned duct and contraband smuggling by employees of pri-
time as, in 2017, Louisiana’s governor proposed ex- vate food vendors. A new Close Up provides details of
panding good time to permit release after serving the Supreme Court’s opinion in Holt v. Hobbs (2015)
65 percent of a prisoner’s sentence. In Washington, protecting a Muslim prisoner’s right to grow a short
there was a controversy over miscalculations of earned beard to fulfill the requirements of his faith. A new
time leading to the premature release of a large num- Question of Ethics feature discusses the hundreds of
ber of prisoners, including some who committed new thousands of dollars in campaign contributions made
crimes when they should have still been in prison. The by private prison companies to political candidates in
new Criminal Justice and the Risk of Misinformation the 2016 election.
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Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Preface xxi
Chapter 14, Community Corrections: Probation weapons—being dropped into prison yards by drones
and Intermediate Sanctions being guided by prisoners’ accomplices in the outside
The new chapter opener presents the sentencing of for- world. There is a new example of prison industries
mer basketball star Dennis Rodman for driving the focusing on the Prison Blues factory producing jeans
wrong way on a California highway, fleeing the scene, inside an Oregon prison. In addition, there is a spe-
and not holding a valid driver’s license. He was sen- cific example of the federal Bureau of Prisons requir-
tenced to three years of probation, restitution, commu- ing work within its prisons in various maintenance and
nity service, and a $500 donation to the victim services other functions while paying prisoners just 12 cents to
fund. Is a sentence in the community a fair outcome for 40 cents per hour. There is new material on initiatives
a serious case? Or does celebrity status affect punish- in New York to provide college classes for people in
ment? The new Inside Today’s Controversies feature ex- prison, including the Bard College program whose pris-
amines private probation companies that extract profits oners’ debate team defeated a team from Harvard, as
from poor probationers by charging extra fees and hav- well as New York Governor Cuomo’s 2016 proposal to
ing them jailed—with additional fees—when they are finance college courses for prisoners. The Evidence-
unable to pay the fees. There is new material on smart- Based Practice and Policy feature contains new examples
phone apps that help probation and parole officers of specific rehabilitation programs verified by research
maintain supervision of clients in the Technology and and described in 2017 on the website of the National
Criminal Justice feature. The new feature on Evidence- Institute of Justice. These include substance treatment
Based Practice and Policy looks at the use of risk factors and cognitive-behavioral therapy. There is also new
to determine likelihood of recidivism for probationers. material on corrections officials registering low-income
Probation officers can use tools to assess risks, then prisoners for Medicaid under the Affordable Care Act/
devote their time and effort differentially to give great Obamacare Medicaid expansion—providing coverage
help to probationers at higher risk. Research has indi- when they need hospitalization outside of the prison
cated that the instruments that measure risk are effec- and continuing assistance with mental health and sub-
tive, and that probation officers who allocate their time stance abuse treatment after release. There are also new
in such ways can decrease the risk of recidivism. There examples of publicized cases of corrections officers im-
is expanded discussion of the Fifth Amendment Integ- properly using force to punish prisoners, thereby caus-
rity Restoration (FAIR) Act introduced to Congress in ing injuries and lawsuits. The new Question of Ethics
2017. This Act reforms forfeiture laws to provide in- feature discusses corrections officers accepting money
digent defense in forfeiture cases, shifts the burden of from prisoners to smuggle cell phones into prisons.
proof to the state, and requires a higher standard of
evidence than currently used in forfeiture cases. There Chapter 16, Reentry into the Community
is new information on the use of youth boot camps for The new chapter opener concerns Jeffrey Abramowitz,
high school dropouts to get them back on track in life a lawyer sentenced to prison for stealing funds from his
rather than just for youths in trouble with the criminal law firm and clients. After leaving prison, he dedicated
justice system. The new Criminal Justice and the Risk his efforts to assisting inmates leaving prison, finding
of Misinformation feature discusses the example of employment, and returning to the community. The new
problems with record keeping in community corrections Evidence-Based Practice and Policy feature discusses the
leading a Chicago woman to be jailed for 49 days in Serious and Violent Offender Reentry Initiative and its
2016 based on erroneous records concerning her release impact on recidivism across the United States. The new
from a community service requirement after a minor Criminal Justice and the Risk of Misinformation feature
1993 marijuana conviction. examines the computer software and record-keeping er-
rors that led to the mistaken early release of offenders
Chapter 15, Incarceration and Prison Society from prison and from community supervision. There is
A new What Americans Think shows a public opinion updated information about efforts to end disenfranchise-
poll from 2016 that demonstrates strong support across ment of ex-offenders in Kentucky, Iowa, and Florida. In
demographic groups for rehabilitation as a priority addition, there is new information on Michigan’s 2017
in the criminal justice system. The new Criminal Jus- laws seeking to enhance the state’s efforts to facilitate
tice and the Risk of Misinformation feature examines effective reentry as a means to reduce the expense of a
Justice Alito’s inaccurate prediction in Brown v. Plata large prison population. In Technology and Criminal
(2011) that the court-ordered reduction in California’s Justice, this chapter provides an overview of GPS tech-
prison population would lead to a brutal crime wave nology to monitor sex offenders, and a recent Supreme
that would victimize thousands of Californians. The Court decision that ruled such monitoring constitutes
new Technology and Criminal Justice concerns prisons a search. The new Inside Today’s Controversies feature
facing the problem of contraband—especially drugs and discusses the “Ban the Box” movement to the box on job
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xxii Preface
application forms that notifies potential employers of the To help students identify and master core concepts,
applicant’s criminal conviction history. Banning the Box the text provides several study and review aids.
helps ex-offenders avoid being excluded from job oppor-
tunities based on a written job application alone prior
to the interview stage in the selection process. There is
updated information on presidential pardons and com-
Study Aids
mutations, particularly the record number of clemency
actions taken by President Barack Obama in his final ●● Chapter Outlines preview the structure of each
days prior to leaving the White House. chapter.
●● Chapter-Opening Vignettes introduce the chapter
Chapter 17, Juvenile Justice topic with a high-interest, real-life episode. These
The new chapter opener discusses a Massachusetts vignettes include such recent examples as the shoot-
case in which a 17-year-old girl faced the prospect of ings at the Ft. Lauderdale airport by the Kalamazoo,
being charged as an adult for a homicide offense af- Michigan, Uber driver; the prominent murder trial
ter she encouraged her boyfriend to commit suicide. of the South Carolina police officer secretly filmed
The new Criminal Justice and the Risk of Misinfor- shooting an unarmed motorist fleeing on foot;
mation feature concerns the man who fired a gun protests against a police shooting in Baton Rouge,
in a Washington D.C. pizza restaurant in December Louisiana; and former basketball star Dennis Rod-
2016 because he thought he was rescuing trafficked man being sentenced to probation and community
children based on false stories on the Internet. The service.
new Inside Today’s Controversies feature focuses on ●● Chapter Learning Objectives highlight the chapter’s
the opioid crisis, the increase in overdose deaths, and key topics and themes. The numbered learning ob-
both the criminal justice and public-health aspects of jectives have been carefully matched to individual
the problem. A new Close Up focuses on promising bullet points in the end-of-chapter Summary for
methods for reducing youth violence in New Orleans, maximum learning reinforcement.
Louisiana, and Pueblo, Colorado. Both programs
●● Checkpoints throughout each chapter allow stu-
have been evaluated by criminal justice researchers
and found to have value in reducing violent crime. dents to test themselves on content as they proceed
There is updated information on the change of the through the chapter.
age in majority in Connecticut, where the juvenile ●● Chapter Summaries and Questions for Review
court can hear all cases for 16-year-old offenders, reinforce key concepts and provide further checks
and most cases for 17-year-old offenders. Analysis of on learning.
the change indicates that there has been no apprecia- ●● Key Terms and Cases are defined throughout the
ble increase in juvenile delinquency after the change. text in the margins of each chapter and can also be
There is also new information about attempts to di- located in the Glossary.
vert juvenile offenders from pretrial detention in San
Francisco, California. The Detention Diversion Ad-
vocacy Program works to identify the needs of each
offender and target appropriate social services. The
Promoting Critical Understanding
new feature on Evidence-Based Practice and Policy Aided by the features just described, diligent students
summarizes recent results of research focused on the can master the essential content of the introductory
waiver of juveniles to adult court. Most studies have course. Although such mastery is no small achieve-
found that waiver does not deter future offending, ment, most instructors aim higher. They want students
and in fact may increase crime among waived juve- to complete this course with the ability to take a more
niles. Researchers acknowledge that using waiver is thoughtful and critical approach to issues of crime and
an overly broad solution for juveniles that may have justice. The American System of Criminal Justice, Six-
specific issues that need addressing, and recommend teenth Edition, provides several features that help stu-
closer examination of blended sentencing options. In dents learn how to think about the field.
Technology and Criminal Justice, this chapter dis-
cusses sexting incidents among middle school and ●● Inside Today’s Controversies This new feature ex-
high school students occurring in 2016 and 2017. amines contemporary controversies as a means
School officials and police reaction to these incidents to gain new insights and challenge assumptions
are discussed, as well as the implication for juveniles about criminal justice. This feature also high-
who engage in such behavior. lights a variety of proposals to reform the criminal
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Preface xxiii
justice system. These new boxes give attention to can cause harmful policy mistakes, mistreatment of
specific highly publicized examples that illuminate individuals by their fellow citizens, and mistaken ar-
police use of force, police–community relations, rests of innocent citizens. Thus this is an especially
President Obama’s commission to develop reform important topic for criminal justice.
proposals, the use of military equipment by police, ●● Debate the Issue and Implementing New Practices
the application of solitary confinement to juveniles Within the Close Up, Evidence-Based Practice and
in pretrial detention, and other current issues. Each Policy, and Technology and Criminal Justice fea-
of these features includes questions for students to tures, the book poses questions to students and asks
consider under the Critical Thinking and Analysis them to articulate arguments and analytical conclu-
segments that conclude each presentation. sions about controversies concerning criminal justice
●● Civic Engagement: Your Role in the System In order policies.
to gain a clear understanding of the inevitable, im- ●● A Question of Ethics Criminal justice requires that
portant, and varied ways that citizens influence decisions be made within the framework of law but
criminal justice policy and process, two Civic En- also be consistent with the ethical norms of Ameri-
gagement features in each chapter pose scenarios can society. At the end of each chapter, the A Ques-
and questions drawn from real-life examples. Stu- tion of Ethics activity places the student in the role
dents are asked to place themselves in roles as vot- of decision maker for actual situations presented in
ers, members of neighborhood organizations, jurors, newspaper reports. These examples promote criti-
members of citizen advisory committees, and a host cal thinking and analysis and offer students a more
of other real-life contexts where Americans make well-rounded view of what is asked of criminal jus-
decisions that impact criminal justice. For each situ- tice professionals every day.
ation they are asked to use their analytical skills to ●● What Americans Think Public opinion plays an
present reasons for a decision or other suggestions
important role in the policy-making process in a
related to policy problems.
democracy. As such, we present the opinions of
●● Stop and Analyze features after each Checkpoint Americans on controversial criminal justice issues as
pose critical-thinking questions and ask students to collected through surveys. Students are encouraged
concretely articulate arguments and analytical con- to compare their own opinions with the national
clusions about issues. perspective.
●● Close Ups Understanding criminal justice in a purely
theoretical way does not give students a balanced
understanding of the field. The wealth of examples
in this book shows how theory plays out in practice
and what the human implications of policies and
Supplements
procedures are. In addition to the many illustrations
in the text, the Close Up features in each chapter For the Instructor
draw on newspapers, court decisions, first-person
MindTap for Criminal Justice
accounts, and other current sources.
MindTap Criminal Justice from Cengage Learning rep-
●● Evidence-Based Practice and Policy To illustrate resents a new approach to a highly personalized, on-
criminal justice policies that have been proposed or line learning platform. A fully online learning solution,
are being tested, we include a box called Evidence- MindTap combines all of a student’s learning tools—
Based Practice and Policy in every chapter. These readings, multimedia, activities, and assessments into a
features discuss research-tested practices, such as singular Learning Path that guides the student through
those concerning patrol strategies, identification the curriculum. Instructors personalize the experience
procedures, and jury reform, so that students will be by customizing the presentation of these learning tools
prepared to face the new realities of criminal justice. for their students, allowing instructors to seamlessly
●● Criminal Justice and the Risk of Misinformation A introduce their own content into the Learning Path via
new feature in each chapter examines problems with “apps” that integrate into the MindTap platform. Ad-
inaccurate information spread by politicians, social ditionally, MindTap provides interoperability with ma-
media, and news media, as well as record-keeping jor Learning Management Systems (LMS) via support
and communication flaws within criminal justice for industry standards and fosters partnerships with
organizations. Students are challenged to be skepti- third-party educational application providers to pro-
cal of information until they make efforts to verify vide a highly collaborative, engaging, and personalized
that the information is accurate. Misinformation learning experience.
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xxiv Preface
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CRIME AND THE CRIMINAL
PART 1 JUSTICE SYSTEM
T
Chapter 1 he American system of crimi- of legal codes, and the penalties
CRIME AND JUSTICE IN AMERICA nal justice is a response to for breaking laws. From defining
crime—a problem that has which behavior counts as criminal
Chapter 2
demanded the attention of all so- to deciding the fate of offenders
VICTIMIZATION AND CRIMINAL cieties throughout history. To un- who are caught, the process of
BEHAVIOR
derstand how the system works criminal justice is a social process
Chapter 3 and why crime persists in spite of subject to many influences other
THE CRIMINAL JUSTICE SYSTEM our efforts to control it, we need to than written law.
examine both the nature of crimi- By introducing the study of this
Chapter 4 nal behavior and the functioning process, Part 1 provides a broad
CRIMINAL JUSTICE of the justice system itself. As we framework for analyzing how our
AND THE RULE OF LAW shall see, the reality of crime and society—through its police, courts,
justice involves much more than and corrections—tries to deal with
“cops and robbers,” the details the age-old problem of crime.
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Chapter 1
CRIME AND JUSTICE
IN AMERICA
CHAPTER FEATURES CHAPTER LEARNING OBJECTIVES CHAPTER OUTLINE
●● Evidence-Based LO1 Discuss how public policies on The Main Themes of This Book
Practice and Policy The crime are formed Crime and Justice as Public Policy
Challenges of Evidence- LO2 Recognize how the crime Issues
Based Practice: Quality control and due process Evidence-Based Practices
of Information and models of criminal justice help The Role of Public Opinion
Implementation us understand the system Contemporary Policies
●● Close Up New LO3 Be able to explain: “What is a Crime and Justice in a Democracy
Directions for Crime crime?” Crime Control versus Due Process
Policy in the Trump The Politics of Crime and Justice
Administration
LO4 Describe the major types of
Citizens and Criminal Justice Policy
crime in the United States
●● Criminal Justice Defining Crime
and the Risk of
LO5 Analyze how much crime there
is and understand how it is Types of Crime
Misinformation The Visible Crime
measured
Challenge of Identifying Victimless Crimes
Facts amid a Flood of Political Crime
Information Occupational Crime
●● Inside Today’s Organized Crime
Controversies Criticism Transnational Crime
of Justice System Cybercrime
Officials: Improper or The Crime Problem Today
Useful? The Worst of Times?
●● Technology and The Most Crime-Ridden Nation?
Criminal Justice Keeping Track of Crime
Transnational Trends in Crime
Cybercrime
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Joe Raedle/Getty Images
T
he sound of gunfire shattered the relative calm in the Ft. Lauderdale,
Florida, airport, in the early afternoon of January 6, 2017. Minutes ear-
lier, Estaban Santiago, a 26-year-old New Jersey native who lived in
Alaska, had retrieved his suitcase from the checked baggage carousel, went
into the bathroom to remove a handgun from his luggage, and then came
back into the baggage area, firing randomly at people in the vicinity. He
killed five people and wounded six others, while dozens of people suffered
minor injuries diving for cover to avoid the gunshots (Gomez, 2017). When he
used up all of his bullets, Santiago lay face down on the floor, with his arms
spread out, and waited for police officers to arrest him. He was charged with
causing death at an international airport, which could lead to the death pen-
alty under federal law (Gomez, 2017).
As frightening an event as this shooting was, it was not a typical crime.
Thefts and burglaries occur every day. Computer hackers steal financial in-
formation on a daily basis. Yet apparent indiscriminate attacks, such as the
Ft. Lauderdale airport shooting, are the kinds of incidents that can influence
people’s perceptions about crime. When significant news media coverage
reports unexpected, seemingly random violence in which individuals are put
at risk of death by a complete stranger, people’s fears may affect their as-
sumptions and behavior. They may become suspicious of certain people or
avoid being in public at certain times and places. Such violent incidents also
raise questions about how American society should respond in order to pro-
tect its citizenry and institutions against dangerous events. Think about the
possible questions that are raised by the Ft. Lauderdale shooting:
●● To what extent are Americans at risk of mass shootings in public places?
How common are these events? Is there reason to be afraid whenever
one leaves home?
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4 PART 1 Crime and the Criminal Justice System
●● Does the incident show that firearms are too easily available to people
who cannot be trusted? Alternatively, does this actually show that weap-
ons should be more easily available to all citizens at airports so that peo-
ple can defend themselves?
●● Santiago’s friends said that his behavior had become unusual after he
returned from a tour of duty in Iraq with U.S. military forces. Earlier, in
November 2016, Santiago had gone to the FBI office in Anchorage and
reported to special agents that an intelligence agency was controlling his
mind. The FBI agents confiscated the gun Santiago had in his vehicle
but returned it to him when he later passed a mental health evaluation.
Does this incident show that we should be more cautious about return-
ing confiscated firearms to people who manifest signs of psychological
problems (Gomez, 2017)?
●● Between January and October 2016, Santiago had five encounters with
the Anchorage police stemming from calls reporting that he assaulted his
girlfriend multiple times, and that he disobeyed orders to stay away from
her. The police said they did not have enough evidence of these claims to
proceed with charges against him. Is there a risk that domestic violence
complaints are not treated with sufficient seriousness and therefore peo-
ple who are the subject of multiple complaints are often left free to pose
a risk of more-serious violence (Currie, 2017)?
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Chapter 1 Crime and Justice in America 5
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6 PART 1 Crime and the Criminal Justice System
in criminal justice. For example, people’s sense of liberty may depend on how
freely they can walk the streets without fearing crime; therefore, they want
tough crime-control policies. On the other hand, other aspects of American
values emphasize the protection of the criminal defendant’s rights in order to
ensure that no one is improperly denied his or her liberty. Finding the proper
balance between conflicting values may pose an even greater challenge dur-
ing the current era, in which fears about terrorism have enhanced citizens’
concerns about crime and public safety. In the aftermath of the September 11,
2001, terrorist attacks on the World Trade Center in New York and the Pen-
tagon in Washington, D.C., more than half of Americans believed it would
be necessary to sacrifice some civil liberties in order to gain greater security.
A survey in 2011 revealed that 40 percent of Americans still expressed that
view ten years after the attacks of 9-11 (Rainie and Maniam, 2016). If there
were to be another large-scale terrorist attack on the United States or else-
where, new laws and policies produced in response to such an event may
strike a new balance that diminishes individuals’ rights in favor of enhancing
order and security.
To facilitate the exploration of these issues and others, this book presents
three major themes: (1) crime and justice are public policy issues; (2) criminal
justice can best be seen as a social system; and (3) the criminal justice system
embodies society’s effort to fulfill American values, such as liberty, privacy,
and individuals’ rights.
An additional minor theme will be highlighted in each chapter. This fourth
theme is a reflection of the times in which we live: the impact of widespread
federal, state, and local budget cuts on crime and criminal justice. Many
states are seeking to save money by reducing their prison populations. As a
result, governments must simultaneously develop and expand mechanisms for
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Chapter 1 Crime and Justice in America 7
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8 PART 1 Crime and the Criminal Justice System
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Chapter 1 Crime and Justice in America 9
time failing to reduce crime. Reiman argues that we need to move away from
a system of criminal justice to one of criminal justice. He urges policies that
●● End crime-producing poverty
●● Criminalize the harmful acts of affluent and white-collar offenders
●● Create a corrections system that promotes human dignity
●● Make the exercise of police, prosecution, and judicial power more just
●● Establish economic and social justice
If adopted, Reiman’s thought-provoking critical perspective would pro-
duce significant changes in priorities in the criminal justice system and effect
changes in programs, policies, and the distribution of government resources
affecting the rest of society.
Evidence-Based Practices
Dealing with the crime problem concerns not only the arrest, conviction, and
punishment of offenders; it also requires the development of policies to deal with
a host of issues such as gun control, stalking, hate crimes, computer crime, drugs,
child abuse, and global criminal organizations. Many of these issues are contro-
versial; policies must be hammered out in the political arenas of state legislatures
and Congress. Any policy choice carries with it costs and consequences as well
as potential benefits. Predicting consequences can be difficult. In addition, legis-
lators often enact laws based on their beliefs about the nature of a problem and
the responses that will be effective in addressing the problem. These beliefs are
not necessarily based on a thorough understanding of available research on the
nature of problems in criminal justice. Similarly, police chiefs, prison wardens,
and others who carry out laws and policies may rely heavily on practices they
are accustomed to using, rather than exploring the full range of possible effec-
tive alternatives. Decision makers’ reliance on unsupported beliefs or customary
practices may result in missed opportunities to develop policies and practices
that might more effectively advance desired goals.
One emerging trend in creating policies within criminal justice is the use of
evidence-based practices. These are practices that have proven to be ef- evidence-based practices
fective in research studies. Social scientists examine many aspects of criminal Policies developed through guidance
from research studies that demonstrate
justice, including the causes of crime, the effectiveness of crime control strate-
which approaches are most useful and
gies, and efficiency in police procedures. These studies can demonstrate that cost-effective for advancing desired
some approaches are more useful and cost-effective than others in addressing goals.
problems. Research also shows that some approaches are unproven or ineffec-
tive. As described by Faye Taxman and Steven Belenko, evidence-based prac-
tices are “practices that should be widely used because research indicates that
they positively alter human behavior” (Taxman and Belenko, 2013: 3). Thus
legislators, police chiefs, prison wardens, and other decision makers are in-
creasingly looking to scholars’ research for guidance about which laws and
policies to develop. Ideally, working partnerships can be formed between
researchers and justice system officials in order to increase the effectiveness
of communication, understanding, and application of reforms (E. Davis and
Robinson, 2014). However, even when research-supported approaches are
available, evidence-based practices are not always followed. Sometimes de-
cision makers are not aware of relevant research about a problem that they
are addressing. Legislators and other policy makers also may resist adopting
evidence-based practices when the research findings underlying those practices
conflict with their own strongly held beliefs or their commitment to familiar,
customary approaches. Read the Evidence-Based Practice and Policy feature on
the next page to see an overview of issues concerning this contemporary trend.
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10 PART 1 Crime and the Criminal Justice System
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Chapter 1 Crime and Justice in America 11
Moreover, if information is not gathered and recorded systemati- additional resources, providing updated training, and introduc-
cally, there can be errors within the data that impact the results. ing effective supervision to ensure that new practices and policy
Even if studies provide evidence that a particular practice or are given the opportunity to work well.
policy is beneficial, issues can arise concerning implementation, As we will see in the examples presented in chapters
namely the translation of that evidence into the actual decisions, throughout this book, the success of evidence-based prac-
actions, and programs carried out by justice system officials. tices and policy requires several key elements: (1) close atten-
Past experiences with many kinds of policy initiatives have re- tion to the quality of the research; (2) a willingness to try new
vealed numerous potential pitfalls. An agency may not have approaches; (3) and a commitment from leaders to provide the
adequate resources, expertise, and training for carrying out necessary resources, training, and supervision to implement
evidence-based practices. Officials within an agency may cling evidence-based practices effectively.
to their customary ways of doing things. Moreover, police of- Sources: Center for Effective Public Policy, A Framework for Evidence-
ficers, probation officers, and others may believe that their own Based Decision Making in Local Criminal Justice Systems, 3rd ed. (2010)
experiences have taught them to prefer practices and policies (www.pretrial.org/download/performance-measures/The%20EBDM
that are not supported by research evidence. They may be re- %20Framework%202010.pdf); S. Orchowsky, An Introduction to Evidence-
Based Practices, Justice Research and Statistics Association (April 2014)
luctant or unwilling to accept research findings or to allow re-
(www.jrsa.org/pubs/reports/ebp_briefing_paper_april2014.pdf); T. Sullivan,
searchers to tell them how to do their jobs better. B. Hunter, and B. Fisher, Evidence-Based Policy and Practice: The Role of
The successful development and implementation of the State in Advancing Criminal Justice Research, report submitted to the
evidence-based practices and policy depend on partnerships U.S. Department of Justice (October 2013) (www.ncjrs.gov/pdffiles1/nij
between criminal justice leaders—police chiefs, prosecutors, /grants/243916.pdf).
judges, mayors, and governors—and researchers who study
ways to address problems more effectively. Criminal justice IMPLEMENTING NEW PRACTICES
leaders must help to facilitate research and then be open to Imagine that you are a police chief. A researcher is seeking your
considering the results produced by that research, even if the cooperation in conducting a study of whether crime will be re-
results require new ways of approaching problems. In addi- duced by setting up small police stations in five locations around
tion, those leaders must communicate their commitment to the city instead of having all officers work out of the downtown
evidence-based practice and policy to the police officers, pro- police headquarters. Write a brief memo outlining four concerns
bation officers, corrections officers, and other officials who must you have about testing this idea and what staffing and resource
incorporate new approaches and ideas into their everyday de- changes you may need to order to align the new operations with
cisions and actions. This commitment often requires acquiring the study.
Contemporary Policies
Over the past several decades, both conservatives and liberals have promoted
policies for dealing with crime. Each group has its own perspective on what
works best to advance justice. Conservatives believe that solutions will come
from stricter enforcement of the law through the expansion of police forces
and the enactment of laws that require swift and certain punishment of crimi-
nals (Pickett, Tope, and Bellandi, 2014; Logan and DiIulio, 1993). Advocates
of such policies have dominated since the early 1980s. They argue that we
must strengthen crime control, which they claim has been hindered by certain
decisions of the U.S. Supreme Court and by programs that substitute govern-
ment assistance for individual responsibility (Rushford, 2009).
In contrast, liberals argue that stronger crime-control measures endanger the
values of due process and justice (Epp, Maynard-Moody, and Haider-Markel,
2014; M. Alexander, 2010). They also claim that strict measures are ineffective
because progress will come from reshaping the lives of offenders and changing the
social and economic conditions from which criminal behavior springs. Thus they
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12 PART 1 Crime and the Criminal Justice System
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Chapter 1 Crime and Justice in America 13
AP Images/Alex Menendez
justice administration: the crime control model and the due process crime control model
model. These are contrasting ways of looking at the goals and procedures of A model of the criminal justice system
that assumes freedom is so important
the criminal justice system. The crime control model is much like an assembly
that every effort must be made to
line, whereas the due process model is like an obstacle course. repress crime; it emphasizes efficiency,
In reality, of course, no criminal justice official or agency functions accord- speed, finality, and the capacity to
ing to one model or the other. Elements of both models appear throughout the apprehend, try, convict, and dispose of a
system. However, the two models reveal key tensions within the criminal justice high proportion of offenders.
process, as well as the gap between how we describe the system and the way most due process model
cases are actually processed. Table 1.1 presents the main elements of each model. A model of the criminal justice system
that assumes freedom is so important
that every effort must be made to
Crime Control: Order as a Value ensure that criminal justice decisions
The crime control model assumes that every effort must be made to repress are based on reliable information; it
crime. It emphasizes efficiency and the capacity to catch, try, convict, and emphasizes the adversarial process,
punish a high proportion of offenders; it also stresses speed and finality. This the rights of defendants, and formal
decision-making procedures.
model places the goal of controlling crime uppermost, putting less emphasis on
protecting individuals’ rights. As Packer points out, the crime control model
calls for efficiency in screening suspects, determining guilt, and applying sanc-
tions to the convicted; this will achieve liberty for all citizens. High rates of
crime and the limited resources of law enforcement make speed and finality
necessary. All of these elements depend on informality, uniformity, and few
challenges by defense attorneys or defendants.
TABLE 1.1 DUE PROCESS MODEL AND CRIME CONTROL MODEL COMPARED
What other comparisons can be made between the two models?
MAJOR BASIS OF
GOAL VALUE PROCESS DECISION POINT DECISION MAKING
Due Process Model Preserve individual Reliability Adversarial Courtroom Law
liberties
Crime Control Model Repress crime Efficiency Administrative Police, pretrial Discretion
processes
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14 PART 1 Crime and the Criminal Justice System
In this model, police and prosecutors decide early on how likely the suspect
is to be found guilty. If a conviction is doubtful, the prosecutor may drop the
charges. At each stage—from arrest to preliminary hearing, arraignment, and
trial—established procedures are used to determine whether the accused should
be passed on to the next stage. Rather than stressing the combative aspects of the
courtroom, this model promotes bargaining between the state and the accused.
Nearly all cases are processed through such bargaining, and they typically end
with the defendant pleading guilty. Packer’s description of this model as an
assembly-line process conveys the idea of quick, efficient decisions by actors at
fixed stations that turn out the intended product—guilty pleas and closed cases.
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Chapter 1 Crime and Justice in America 15
If not written carefully, laws may affect more people than the original targets
of the law. In one example, a 12-year-old Boy Scout and honors student in Texas
forgot to remove a small pocketknife from his jacket pocket after a weekend
camping trip. When he found the knife in his pocket at school, he placed it in his
locker. Another student reported him to school officials. Because the state’s Safe
Schools Act of 1995 imposed a “zero tolerance” policy for weapons in schools,
the boy was arrested and taken to a juvenile-detention facility without officials
informing his parents. After being expelled from school and spending weeks in
a school for juvenile offenders, he began contemplating suicide (Axtman, 2005).
Other examples of laws with unanticipated consequences might include res-
idence restrictions on sex offenders who are often forbidden from living near
schools and playgrounds after their release from prison. Because of the public’s
fear of sex offenders, politicians can seek to show that they are “tough on
crime” by targeting such offenders with new laws. However, because of the
geographic distribution of schools in cities and towns, this can make it difficult
for these offenders to find anywhere to live and thereby hinder their ability to
reenter society as productive citizens (Socia, 2014; Schwirtz, 2013). In Miami,
for example, dozens of sex offenders ended up sleeping every night in tents un-
der a bridge. Evidence-based practice indicates that a stable home is a key ele-
ment for the rehabilitation of ex-offenders. Thus the policy choice of residence
restrictions was counterproductive. A more workable and effective approach
would be to enforce anti-loitering laws to prevent these offenders from being in
specific locations during the day (Skipp, 2010).
The clearest link between politics and criminal justice shows up in the state-
ments of Republicans and Democrats who disagree about the best approach to
policy problems or try to outdo each other in exhibiting how tough they can be
on crime. Looking at new state gun laws that took effect in January 2017, for
example, one can see that the Republican-dominated legislature in Missouri
enacted a law so that nearly any law-abiding adult can carry a concealed fire-
arm without a permit and without taking any training classes (Meckles, 2017).
By contrast, the Democrat-dominated legislature in California imposed a re-
quirement of background checks for the purchase of ammunition, limited the
number of bullets a gun’s magazine can hold, and prohibited the loaning of
weapons to family members who have not had background checks (McGreevy,
2016). These laws reflect differing beliefs among many legislators from each
political party about whether the public’s possession of firearms helps to com-
bat crime or causes harms that need to be prevented.
These laws also reflect legislators’ efforts to serve their constituencies,
whose values and beliefs about aspects of crime and justice vary among states
and regions of the country. The constituents of Republicans and Democrats
often differ in their views and preferred policies concerning such matters as
gun control, marijuana legalization, causes of crime, effectiveness of severe
punishments, and fairness in the justice system. Legislators, who are motivated
by their desire for reelection, respond to voters’ expectations by enacting laws
to define crimes, adjust mandated punishments, and decide how much money
will go to the annual budgets of criminal justice agencies. Unfortunately, the
effort to satisfy voters and project an image of “doing something about crime”
may lead to policy choices that are based on beliefs and perceptions about
crime rather than on research and evidence-based practices. Read the Close Up
discussing apparent differences in approaches by the new presidential admin-
istration of Donald Trump and the prior administration of President Barack
Obama. Criminal justice faces challenges for developing effective policies when
decision makers are motivated by political considerations and personal beliefs.
Many other types of political decisions affect criminal justice, some of
which create undesirable consequences. For example, Congress appropriates
millions of dollars to help states and cities wage the “war on drugs.” Such
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16 PART 1 Crime and the Criminal Justice System
CLOSE UP
funding leads to the arrest of more people but fails to provide additional money
to pay attorneys who represent poor defendants. A legislature may create a
budget crisis for local police agencies by requiring the collection of DNA sam-
ples from everyone in local jails when it does not provide additional funds for
technicians and labs to gather, store, and test samples. At the state and local
levels, many criminal justice authorities—including sheriffs, prosecutors, and
judges—are also elected officials. There are no elected justice officials in the
federal system except the president of the United States, who appoints federal
prosecutors throughout the country. The decisions of state and local elected
officials will be influenced by the concerns and values of their communities,
because these officials must please a majority of voters in order to be reelected.
Because the decisions of prosecutors, sheriffs, and judges are affected by their
efforts to satisfy voters, there are concerns that these officials will lose sight of
other important values, such as equal treatment for all defendants.
As you learn about each part of the criminal justice system, keep in mind
the ways that decision makers and institutions are connected to politics and
government. Criminal justice is closely linked to society and its institutions,
and to understand it fully we must be aware of those links.
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Chapter 1 Crime and Justice in America 17
would expand the use of stop-and-frisk searches on the streets, rather than government-run enterprises for many services, has
quickly end criminal violence in urban areas, dismantle “every informed predictions about this potential reversal of direction by
last criminal gang,” and stop the killing of police officers. Most the new administration.
strikingly, while the Justice Department under President Obama
Sources: J. Johnson, “ ‘I Will Give You Everything.’ Here Are 282 of Donald
found that Chicago police officers routinely violated people’s
Trump’s Campaign Promises,” Washington Post, November 28, 2016 (www
rights and injured people through the use of unreasonable force, .washingtonpost.com); E. Lichtblau, “Obama Legacy of Freeing Prisoners
Trump said that Chicago’s crime problems could be solved by May Come under Trump Siege,” New York Times, January 15, 2017 (www
the police “being very much tougher.” .nytimes.com); J. Surowiecki, “Trump Sets Private Prisons Free,” New Yorker,
Trump’s U.S. Attorney General appointee, Alabama senator December 5, 2016 (www.newyorker.com); U.S. Department of Justice Civil
Rights Division, Investigation of the Chicago Police Department, January 13,
Jefferson Sessions, a former federal prosecutor, promised in his 2017 (www.justice.gov/opa/file/925846/download); L. Vivanco, “Trump Sug-
confirmation hearings to crack down on drugs, violence, gun gests Chicago Could Solve Crime Problems ‘in a Week’ if Cops Got Tougher,”
crimes, and illegal immigrants. His testimony and record, as well Chicago Tribune, August 23, 2016 (www.chicagotribune.com).
as Trump’s campaign statements, raised expectations that the
new administration would revert to pre-Obama punitive policies
emphasizing strict enforcement and punishment, instead of re- DEBATE THE ISSUE
ducing sentences and devoting resources for offenders’ reentry What beliefs and conclusions about crime problems do you see
into society. underlying the actions of the Obama administration? By con-
Immediately after the election results were announced in trast, what beliefs and conclusions about crime problems do you
November 2016, stock prices surged for corporations that build see underlying the statements of candidate Trump and Senator
and run private prisons; investors predicted that the Trump ad- Sessions? Which perspective do you see as most consistent
ministration would reverse President Obama’s decision to halt with your own conclusions about crime and justice? Write down
the use of private prisons for the incarceration of convicted fed- four reasons for your position and then challenge yourself by
eral offenders. Trump’s business background and his stated proposing a research study that might provide evidence-based
confidence in the economic benefits of relying on private-sector support for one aspect of the opposing viewpoint.
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
18 PART 1 Crime and the Criminal Justice System
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Another random document with
no related content on Scribd:
RIEN QUE D’UN CÔTÉ
Ils s’y rendirent, mais ce fut l’ours qui ne voulut pas participer à la
fête. L’avis avait été imprimé dans je ne sais quelle Imprimerie
Électrique. Mélange un peu bizarre, n’est-il pas vrai ?
En général l’ours ne sort guère de ses parages habituels mais il a
un faible pour les porcs et les jeunes veaux, ce qui entraîne un
châtiment. Douze heures de chemin de fer et un peu de marche
vous amènent jusqu’au pays de l’élan ; et quelque vingt milles d’ici à
vol d’oiseau, vous trouvez des forêts vierges où demeurent des
trappeurs et où il y a également un Étang Perdu que beaucoup ont
trouvé une fois mais… n’ont jamais retrouvé depuis.
Les hommes, qui de nature sont moutons, ont suivi leurs amis et
le chemin de fer le long des vallées de la rivière où se trouvent les
villes. Une fois que l’on a atteint l’autre côté des collines, les
habitants sont clairsemés, et, hors de leur État, peu connus. Ils se
retirent de la circulation en Novembre s’ils demeurent sur les hautes
terres ; redescendant au mois de Mai lorsque la neige le permet.
Il n’y a guère plus d’une génération, on faisait soi-même dans
ces fermes ses vêtements, son savon, ses bougies, on tuait trois fois
par an sa viande : bœuf, veau ou cochon ; le reste du temps on se
reposait. Aujourd’hui on s’achète des vêtements dans les magasins,
des savons brevetés et du pétrole. Bien mieux, c’est parmi ces
tentes que les énormes biographies des Présidents à reliure rouge
et dorées sur tranche, les Bibles qui coûtent vingt livres et servent à
toute une famille, accompagnées d’extraits de mariage, de lettres de
faire part, de certificats de baptême et des centaines d’authentiques
gravures sur acier, se vendent le mieux.
C’est également ici, mais dans les sentiers moins fréquentés,
que le charlatan ambulant (celui qui vend les pilules électriques,
marque brevetée, et toutes sortes de remèdes pour les maladies
nerveuses) se partage le champ d’exploitation avec le marchand de
graines, de fruits, et le vendeur de pilules pour bestiaux. Ici on se
drogue pas mal, je crois, car il faut être bien pauvre pour ne pas
connaître la prostration nerveuse. Voilà comment il se fait que le
charlatan conduit un couple de chevaux traînant un camion peint aux
gaies couleurs muni d’une capote, et parfois emmène avec lui sa
femme. Je n’ai rencontré qu’une seule fois un colporteur à pied.
C’était un vieillard tout tremblant de paralysie qui poussait devant lui
quelque chose ressemblant tout à fait à une de ces petites carrioles
employées pour les pompes funèbres d’un enterrement pauvre. Sa
marchandise consistait en épingles, galon, parfumerie et
assaisonnements variés. Il fallait se servir soi-même, car il ne
pouvait rien faire de ses mains et il vous racontait une histoire
interminable où il embrouillait à la fois le récit de la cession faite par
contrat d’une ferme à quelqu’un de sa famille avec le sentiment
d’orgueil qu’il éprouvait à pouvoir couvrir, à son âge, tant d’étapes
chaque jour. Il parcourait parfois six kilomètres. Ce n’était pas un Roi
Lear, comme la cession de la ferme aurait pu le faire supposer, mais
un être marqué au cachet de la tribu du Juif Errant ; vieux radoteur
tout tremblotant. Il n’en manque pas de son espèce, hongreurs et
gens de semblable acabit qui font de longues étapes, poussant
parfois jusqu’en Virginie, ou peu s’en faut, allant dans la direction du
nord jusqu’à ce qu’ils atteignent la frontière. Leur conversation et
leur bavardage leur tiennent partout lieu de paiement en espèces.
Pourtant les chemineaux sont rares — ce n’est pas un mal — car
l’article américain correspond assez exactement à ces tribus
errantes et criminelles que l’on voit dans l’Inde. C’est un gredin
pilleur, trop avisé pour travailler. Piètre endroit que Vermont pour
mendier la nuit tombée près d’une ferme ! Ah oui !
Au printemps les Bohémiens s’installent près de la rivière,
enfermant leurs chevaux à la manière de leur tribu. Ils ont le type
bohémien, et certains de vieux noms bohémiens, mais ils
reconnaissent qu’ils ont pas mal de sang de gentil dans les veines.
L’hiver a chassé tous ces gens réellement intéressants vers le
sud et, dans quelques semaines, si la neige donne tant soit peu, les
fermes éloignées n’auront plus de visites, sauf celle du traîneau
encapuchonné du Docteur. Ce n’est pas une petite affaire que
d’exercer son métier de docteur ici pendant les mois d’hiver lorsque
les neiges sont amoncelées pour de bon et où une paire de chevaux
peut fort bien s’enfoncer jusqu’à l’arçon. C’est parfois quatre
chevaux par jour que l’on emploie, jusqu’à épuisement complet, car
ce sont de braves gens.
Dans le grand silence produit par la neige naît, très
probablement, la partie non la moins importante de cette conscience
propre à la Nouvelle Angleterre dont parlent ses enfants dans leurs
récits. Il reste beaucoup de temps pour penser, et penser est une
chose très dangereuse. La conscience, la peur, les lectures mal
digérées et, peut-être aussi une nourriture pas très bonne ont libre
jeu. Un homme, et surtout une femme, peuvent aisément entendre
des voix étranges, comme la parole du Seigneur, parmi ces
montagnes mortes, avoir des visions et des rêves, des révélations et
des épanchements spirituels et finir (pareilles choses se sont vues)
d’une façon assez lamentable dans ces grandes maisons auprès de
la rivière de Connecticut qui ont été tendrement baptisées La
Retraite. La haine s’engendre tout aussi bien que la Religion, la
haine entre voisins ; profonde, qui plonge jusqu’aux racines de l’être,
qui résulte de mille petits détails accumulés, que l’on couve et fait
éclore près du poêle lorsque la conversation se fait à deux ou trois
dans les longues soirées. Il serait fort intéressant d’obtenir les
statistiques des réveils religieux, des assassinats, et de découvrir
combien se sont accomplis au printemps. Mais, pour les gens
indemnes de folie, l’hiver est un long régal pour les yeux. Dans
d’autres pays on sait que la neige est un ennui qui arrive et puis s’en
va, que l’on malmène et gâche finalement. Ici elle reste sur le sol
plus longtemps que n’importe quelle récolte, parfois de Novembre à
Avril, et pendant trois mois la vie se déroule au rythme des
clochettes de traîneaux qui ne sont pas, comme l’insinua certain
visiteur du Sud, objets de parade, mais des sauvegardes. L’homme
qui s’avise de conduire sans elles n’est pas aimé. La neige est un
baromètre fidèle, prédisant qu’on pourra se livrer au sport en
traîneau ou se calfeutrer étroitement dans les casernes. Elle est le
seul engrais que reçoivent les pâturages pierreux ; elle couvre la
terre d’un manteau et empêche le gel de faire éclater les conduites
d’eau. Elle est la meilleure, j’avais failli écrire la seule, faiseuse de
routes dans les États. Mais d’autre part elle est capable de se
dresser dans la nuit et d’ordonner aux populations tels les Égyptiens
de se tenir immobiles. Elle sait arrêter les courriers, annihiler tous les
horaires, éteindre les lampes de vingt villes et tuer un homme en vue
même de son seuil ou de son bétail affamé. Quiconque s’est trouvé
dans une tourmente, même atténuée, comme la Nouvelle Angleterre
sait en faire, ne s’avise de parler à la légère de la neige.
Représentez-vous quarante-huit heures de vent hurlant, avec le
thermomètre bien près de zéro, creusant et soulevant la neige
nouvellement tombée sur cent kilomètres. L’air est comme rempli de
projectiles qui fouettent le visage, et à dix mètres les arbres sont
invisibles. Le pied glisse sur un rocher poli et noir comme
l’obsidienne où le vent a mis à nu quelque coin exposé de la route et
sa glace boueuse du début de l’hiver. Le pas suivant que vous faites
vous enfonce jusqu’à la hanche et davantage, car ici c’est un mur
qu’on n’a pas vu qui refoule l’élan de la neige flottante et sifflotante.
Voici à un moment une crête escarpée qui se dresse en travers de la
route ; le vent vient de changer tant soit peu, aussitôt tout s’écroule
comme le sable dans un sablier, ne laissant qu’un trou de tourbillons
blancs. Il y a une accalmie et vous pouvez apercevoir alors toute la
surface des champs se ruant furieusement à l’assaut en une
direction donnée, marée qui part d’entre les troncs des arbres. Et
pendant que vous regardez, les creux des pâturages se remplissent,
se vident, puis se remplissent et se vident de nouveau. Les rochers
rappellent un instant le flanc nu d’un vaisseau chassé par la
tempête, puis blanchissant, disparaissent de la vue. Près de la
grange, du côté sous le vent, dansent d’irresponsables démons de la
neige, là où trois rafales se rencontrent, ou bien vont en titubant
jusqu’au large où ils sont immédiatement abattus par le grand vent.
Au plus fort de la tempête il n’y a ni ciel ni terre, mais seulement un
tourbillon fou qui pourrait brasser un homme. Les distances prennent
des proportions fantastiques de cauchemar ; ce qui en été ne
constituait qu’une course pouvant être effectuée nu-tête, en une
minute, devient une lutte haletante d’une demi-heure où chaque pied
de terrain n’est conquis que dans l’intervalle d’une accalmie. C’est
par un temps pareil que les granges à la lourde charpente en bois
geignent, poutre contre poutre, comme les vaisseaux au milieu d’une
mer houleuse. Et les provisions de foin pour l’hiver se recouvrent de
longues raies de poussière de neige amenée par le vent, tandis que
les bœufs dans l’étable bien au-dessous cognent de leurs cornes et
gémissent mal à l’aise.
Le lendemain est bleu, sans un souffle, et absolument immobile.
Les fermiers se frayent à coups de pelle un chemin jusqu’à leurs
bêtes, attachent au moyen de chaînes leurs grands socs au traîneau
le plus lourd et prennent tous les bœufs qu’Allah leur a accordés. Ils
les conduisent tandis que le soc en labourant creuse un sillon dans
lequel un cheval peut avancer, et les bœufs à force de s’enfoncer
coup sur coup jusqu’au ventre finissent par pouvoir s’agripper. La
route une fois faite est un double ruisseau profond entre des murs
de neige de trois pieds de haut où, comme c’est la coutume, les
véhicules les plus lourds ont le droit de passage. Celui qui a une
voiture plus légère devra plonger jusqu’à la ceinture et mener sa
bête récalcitrante jusque dans l’amoncellement, se fiant à la
Providence pour maintenir en équilibre son traîneau.
Dans les grandes villes où l’on étouffe, crache et halète, la
grosse neige se change en dégel. Ici elle reste immobile, mais le
soleil, la pluie et le vent se mettent à la travailler, de crainte que la
couleur et la texture n’en restent invariables. La pluie revêt le tout
d’une croûte granulée ; dans ce chagrin d’un vert blanc les arbres se
reflètent légèrement. De lourdes brumes montent et descendent et
créent une sorte de mirage, jusqu’au moment où elles se tassent et
enserrent les collines aux reflets métalliques, et alors vous savez
quelle apparence doit présenter la lune à un de ceux qui l’habitent.
Au crépuscule, de nouveau, les rebords aplatis des rochers, les
replis et les plissements des hautes terres prennent l’aspect de
sable mouillé, de quelque énorme et mélancolique plage tout au
bout du monde, et lorsque le jour rencontre la nuit, c’est un véritable
pays de fantômes. Au couchant, dernier reste de la journée morte,
s’étalent, nacrées et d’un rouge de rouille, d’interminables étendues
de rivage attendant que revienne le reflux ; à l’est, nuit noire parmi