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CRIMINAL JUSTICE in AMERICA FIFTH EDITION Cja Unit1a:Layout 1 7/10/2012 2:10 PM Page 1 CRIMINAL JUSTICE IN AMERICA FIFTH EDITION cja_unit1a:Layout 1 7/10/2012 2:10 PM Page 1 CRIMINAL JUSTICE IN AMERICA FIFTH EDITION Developed by Marshall Croddy Bill Hayes cja_unit1a:Layout 1 7/10/2012 2:10 PM Page 2 601 South Kingsley Drive T. Warren Jackson, Chair Los Angeles, California 90005 Marshall P. Horowitz, Chair, (213) 487- 5590 Publications Committee www.crf-usa.org Jonathan Estrin, President Marshall Croddy, Vice President Developed by Subject Matter Consultants Marshall Croddy and Bill Hayes (Various Editions) Richard Chrystie, Deputy District Attorney, Board Reviewers Los Angeles County Marshall P. Horowitz, Lisa Rockwell, Val Cole, Deputy District Attorney, Patrick Rogan, K. Eugene Shutler, Los Angeles County Douglas Thompson, Lois Thompson Star French, Deputy Probation Officer, Editor Los Angeles County Bill Hayes John Hud, Criminal Defense Attorney, Bozeman, Montana Contributing Writers (Various Editions) Daniel E. Lewis, Attorney, Los Angeles Bill Hayes, Marshall Croddy, Todd Clark, Julia Rider, Luce, Forward, Hill, Jeffer & Teri Engler, Lucy Eisenberg, Damon Huss, Mangels Sandy Kanengiser, Carlton Martz, Betsy Devallis Rutledge, Special Counsel to the Salzman, Eden Kusmiersky, Coral Suter, District Attorney, Los Angeles County Charles Tremper, Michelle Ng, Roy Kim, Richard Simonian, Superintendent, C.K. Shruti Modi, Anjelica Sarmiento, Sophia Khan, Wakefield School, Fresno County Probation Marianna Muratova Department Researchers Captain Robert Taylor, Commanding Officer, (Various Editions) Juvenile Division, Los Angeles Police Rick Bhasin, Luke Delgado, and Michael Sokolson Department Kerry White, Head Deputy District Attorney, Production Juvenile Division, Los Angeles County Andrew Costly, Designer Library of Congress Cataloging-in-Publication Data Criminal justice in America / developed by Marshall Croddy and Bill Hayes ; edited by Bill Hayes ; written by Bill Hayes ... [et al.]. -- 5th ed. p. cm. Includes bibliographical references and index. ISBN 978-1-886253-46-9 (pbk.) 1. Criminal justice, Administration of--United States. I. Croddy, Marshall. II. Hayes, Bill, 1945- HV9950.C745 2012 364.973--dc23 2012013906 The development of these materials was financially assisted through the United States Office of Juvenile Justice and Delinquency Prevention. © 2012, 2005, 2000, 1998, 1983, 1993, 1991, Constitutional Rights Foundation. All rights reserved. Published in 2012. First Printing. First edition published 1983; second edition, 1991 and 1993; third edition, 2000, fourth edition, 2005. Printed in ROK cja_unit1a:Layout 1 7/10/2012 2:10 PM Page 3 CRIMINAL JUSTICE IN AMERICA Summary of Contents Introduction...............................................................6 UNIT 1: CRIME...........................................................7 Chapter 1: Crimes Chapter 2: Defenses Chapter 3: Criminals Chapter 4: Crime Victims UNIT 2: THE POLICE .............................................75 Chapter 5: Police and Society Chapter 6: Methods and Investigations Chapter 7: Forensic Science Chapter 8: Police and the Law Chapter 9: The Limits of Police Authority UNIT 3: THE CRIMINAL CASE ............................153 Chapter 10: Courts and the Case Process Chapter 11: Investigation and Arrest Chapter 12: Pretrial Chapter 13: Trial UNIT 4: CORRECTIONS .......................................221 Chapter 14: Sentencing Chapter 15: Prison Chapter 16: Alternatives to Prison Chapter 17: Capital Punishment UNIT 5: JUVENILE JUSTICE .............................293 Chapter 18: From Criminal to Delinquent Chapter 19: The Problem of Delinquency Chapter 20: Children and the Constitution Chapter 21: Juvenile Corrections UNIT 6: SOLUTIONS ...........................................345 Chapter 22: The Causes of Crime Chapter 23: Crime and the Government Chapter 24: Crime and the Citizen APPENDIX ............................................................396 Excerpts From the U.S. Constitution Glossary Table of Cases Credits Index cja_unit1a:Layout 1 7/10/2012 2:10 PM Page 4 CRIMINAL JUSTICE IN AMERICA TABLE OF CONTENTS Chapter 8: Police and the Law Introduction Criminal Procedure .............................105 The Law of Search and Seizure............106 UNIT 1: CRIME Has a Search or Seizure Taken Place? ...107 Chapter 1: Crimes Is the Search or Seizure Reasonable? ...110 The Basics of Crime.............................8 Motor Vehicle Exception .....................113 The Stop and Frisk Exception ..............116 Elements of a Crime...........................10 Other Exceptions ................................120 Murder..............................................12 Interrogation and Confessions .............124 Theft ...................................................14 Miranda’s Aftermath ..........................126 Inchoate Crimes ...................................16 The Exclusionary Rule ........................133 Crimes Against the Justice System .........21 Hate Crimes.........................................27 Chapter 9: The Limits of Police Authority Cybercrime .........................................31 Racial Profiling...................................136 Police Corruption................................139 Chapter 2: Defenses Use of Force .......................................141 An Overview of Defenses......................35 Policing the Police ..............................145 Self-Defense.........................................40 You and the Police ..............................151 The Insanity Defense............................43 Entrapment..........................................45 UNIT 3: THE CRIMINAL CASE Chapter 10: Courts and the Case Process Chapter 3: Criminals The Two Systems of Criminal Courts....154 History of Violent Crime in America .....48 Special Courts ....................................156 How Much Crime Is There?...................52 Judges and Judicial Independence .......158 Youth, Gangs, and Violence ..................55 Criminal Lawyers ...............................160 White-Collar Criminals .........................57 The Rights of Criminal Defendants ......164 Swindlers and Con Artists.....................60 The Criminal Case Process ..................170 Using This Unit ..................................172 Chapter 4: Crime Victims Chapter 11: Investigation and Arrest Who Are the Victims?...........................63 Arrest ................................................174 Victims of Violent Crimes .....................64 Police Crime Investigation Report ........174 Victims of Property Crimes ...................66 State Criminal Code............................176 Helping Victims of Crime......................68 In the Defense of Thomas Evans .........177 The Push for Victims’ Rights .................71 Chapter 12: Pretrial First Appearance Before a Judge..........179 UNIT 2: THE POLICE The Question of Bail ..........................179 Chapter 5: Police and Society Prosecutorial Review...........................181 From Volunteers to Professional Police...76 Plea Bargaining ..................................185 Local Police .........................................78 Probable Cause Hearing......................187 Evans’ Probable Cause Hearing ...........188 Chapter 6: Methods and Investigations Arraignment.......................................189 Community Policing .............................83 Pretrial Motions..................................189 Suppressing Gang and Drug- A Pretrial Motion................................192 Related Violence 9 .............................86 Chapter 13: Trial Criminal Investigations.........................90 Trial Procedures..................................194 Cast of Characters...............................195 Chapter 7: Forensic Science The Trial of Thomas Evans..................198 The Origins of Forensic Science.............95 Jury Selection.....................................199 Modern Crime Labs..............................97 Trial Strategy ......................................203 Current Issues in Forensic Science .......100 Opening Statements............................204 Direct and Circumstantial Evidence .....205 Rules of Evidence ...............................206 Closing Statements..............................215 Instructing the Jury.............................216 cja_unit1a:Layout 1 7/10/2012 2:10 PM Page 5 UNIT 4: CORRECTIONS Chapter 19: The Problem of Delinquency Chapter 14: Sentencing What Is Delinquency? .........................301 The Purpose of Punishment ................222 A Tour of the System...........................302 A Brief History of Punishment Initial Detention of Juveniles ...............305 in the U.S........................................224 Sentencing Laws.................................226 Chapter 20: Children & the Constitution The Shaky Status of Sentencing The Rights of Juveniles........................310 Guidelines........................................232 School Searches..................................318 Do Sentences Have to Be School Drug Testing ............................321 Proportionate?.................................236 Federal Sentencing: Crack Versus Chapter 21: Juvenile Corrections Cocaine...........................................238 Options for Placing Juvenile Offenders .......................................325 Chapter 15: Prison What Are the Best Options?.................327 Types of Prisons .................................242 Problems With Locking Up Juveniles ...331 Overcrowding in Prisons .....................245 At Home Plus.....................................332
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