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Criminal Justice in America DOCUMENT RESUME ED 450 040 SO 032 533 AUTHOR Hayes, Bill, Ed. TITLE Criminal Justice in America. Third Edition. INSTITUTION Constitutional Rights Foundation, Los Angeles, CA. SPONS AGENCY Department of Justice, Washington, DC. Office of Juvenile Justice and Delinquency Prevention. ISBN ISBN-1-886253-12-9 PUB DATE 2000-00-00 NOTE 324p.; For the related Teacher's Guide, see SO 032 532. Developed by Marshall Croddy, Bill Hayes, and Todd Clark. CONTRACT 85-JS-CX-0007 AVAILABLE FROM Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005; Tel: 213-487-5590; Web site: (www.crf-usa.org). PUB TYPE Collected Works General (020) EDRS PRICE MF01/PC13 Plus Postage. DESCRIPTORS *Civil Rights; *Correctional Institutions; *Crime; Crime Prevention; *Criminal Law; Equal Protection; *Juvenile Justice; *Law Enforcement; Law Related Education; Social Studies IDENTIFIERS *Criminal Justice; Criminal Prosecution ABSTRACT This book, a comprehensive and interactive introductory text on criminal justice, consists of six units:(1) Crime: covers victims' rights, gangs, violent crime, white-collar crime, elements of crimes, legal defenses, methods for measuring crime, hate crime, computer crime, and a history of crime in the United States;(2) Police: explores local police, attitudes toward police, community policing, criminal investigation, search and seizure, "Miranda," the exclusionary rule, racial profiling, corruption, use of force, policing the police, and an history of law enforcement;(3) The Criminal Case: examines courts, judges, and lawyers and explores a hypothetical criminal case from arrest through trial;(4) Corrections: looks into sentencing, prisons, alternatives to prison, capital punishment, theories of punishment, history of corrections, and debates such as those over mandatory-minimums and the high number of imprisoned persons; (5) Juvenile Justice: explores the separate system for juveniles and examines delinquency, status offenses, steps in a juvenile case, rights of juveniles, juvenile corrections, waiver to adult court, the death penalty, how the system developed, and current controversies; and (6) Solutions: looks at debates over the causes of crime, racism in the justice system, crime in schools, vigilantism, policy options to reduce crime and to make the system more just, and options for individual citizens. Appendices contain excerpts from the U.S. Constitution, a glossary, and a table of cases cited. (BT) Reproductions supplied by EDRS are the best that can be made from the original document. 0 0 71- A Criminal Justice in America. Third Edition. Hayes, Bill Croddy, Marshall Clark, Todd Constitutional Rights Foundation, Los Angeles, Calif. U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been 'reproduced as received from the person or organization originating it. 0 Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this document do not necessarily represent official OERI position or policy. BEST COPY AVAILABLE 0 A ` . c.7".644 we. A 1 tClIt 70 1°, ..5# 4,4 - <#4r A#.4 *.lowe"V. .aul- -1%1A '46.14P BEST COPYAVAILABLE 3 A CRIMINAL JUSTICE INAMERICA THIRD EDITION Developed by Marshall Croddy Bill Hayes Todd Clark Constitutional Rights Foundation 601 South Kingsley Drive Los Angeles, California 90005 (213) 487- 5590 www.crf-usa.org MARJORIE S. STEINBERG President, Constitutional Rights Foundation JEROME C. BYRNE Chairman, Publications Committee Constitutional Rights Foundation TODD CLARK Executive Director Developed by Subject Matter Consultants Marshall Croddy, Bill Hayes, Todd Clark Richard Chrystie, Former Deputy District Attorney, Los Angeles County Editor Star French, Deputy Probation Officer, Bill Hayes Los Angeles County John Hud, Criminal Defense Attorney, Bozeman, Contributing Writers Montana Bill Hayes, Marshall Croddy, Teri Engler, Sandy Daniel E. Lewis, Wasserman, Comden & Kanengiser, Carlton Martz, Betsy Salzman, Casselman, LLP Coral Suter, Charles Tremper, Eden Kusmiersky Robert Mascali, Director of Claims, New York State Crime Victims Board Principal Staff and Reviewers Julia Rider, Luce, Forward, Hill _Pifer & Mangels Todd Clark, Executive Director Richard Simonian, Superintendent, C.K Wakefield Carolyn Pereira, Executive Director, Chicago School, Fresno County Probation Department Constitutional Rights Foundation Captain Robert Taylor, Commanding Officer, Juvenile Division, Los Angeles Police Department Board Reviewers Jerome C. Byrne, Gerald Chaleff, Lee Edmond, Production Peggy Saferstein, Marvin Sears, Lois Thompson, Andrew Costly, Designer and Production Manager and Carlton Varner. Navigator Press, Printing Library of Congress Cataloging-in-Publication Data Criminal Justice in America / developed by Marshall Croddy, Bill Hayes, Todd Clark ; [contributing writers, Bill Hayes... etal.). 3rd ed. p. cm. Includes index. ISBN 1-886253-12-9 (pbk. : alk. paper) 1. Criminal justice, Administration ofUnited States. I. Croddy, Marshall. II Hayes, Bill. III Clark, Todd, 1933- HV9950.C745 2000 364.973dc21 00-060237 © 2000, 1998, 1993, 1991, 1983 by Constitutional Rights Foundation. Third Edition. All rights reserved. No part of this book may be reproduced, in any form or by any means, without written permission. Printed in the United States of America. The development of these materials was financially assisted through the United States Office of Juvenile Justice and Delinquency Prevention, Grant #85- JS-0C-0007. CRIMINAL JUSTICE IN AMERICA Table of Contents INTRODUCTION 5 Chapter 7: The Limits of Police Authority Racial Profiling 98 UNIT 1: CRIME 7 Police Corruption 100 Chapter 1: Crime and its Victims Use of Force 103 Who Are the Victims? 8 Policing the Police 106 Victims of Violent Crimes 8 You and the Police 112 Victims of Property Crimes 11 Helping Victims of Crime 13 UNIT 3: THE CRIMINAL CASE. .113 The Push for Victims' Rights 16 History of Violent Crime in America 19 Chapter 8: Courts and the Case Process How Much Crime Is There? 24 The Two Systems of Criminal Courts .. 114 Judges and Judicial Independence 115 Chapter 2: Who Are the Criminals? Criminal Lawyers 117 Youth, Gangs, and Violence 27 The Criminal Case Process 120 Swindlers and Con Artists 33 Using This Unit 122 Chapter 3: Crime and Defenses Chapter 9: Investigation and Arrest 37 The Basics of Crime Arrest 124 Ingredients of a Crime 38 Police Crime Investigation Report 124 Murder Most Foul 40 State Criminal Code 126 No Honor Among Thieves 42 In the Defense of Thomas Carter 127 Hate Crimes 45 Cybercrime 49 Chapter 10: Pretrial Legal Defenses to Crime 51 First Appearance Before a Judge 129 The Question of Bail 129 UNIT 2: THE POLICE 57 Prosecutorial Review 130 Plea Bargaining 135 Chapter 4: Police and Society Probable Cause Hearing 137 A Question of Attitude 58 Carter's Probable Cause Hearing 137 From Citizen Volunteers to Professional Arraignment 138 Police 60 An Issue at the Arraignment 139 Chapter 5: Methods and Investigations Local Police 65 Chapter 11: Trial Community Policing 68 Trial Procedures 141 Criminal Investigations 71 Cast of Characters 142 Crime Labs 74 The Trial of Thomas Carter 144 Jury Selection 145 Chapter 6: Police and the Law Trial Strategy 149 Criminal Procedure 77 Opening Statements 151 The Law of Search and Seizure 78 Direct and Circumstantial Evidence . 152 Has a Search or Seizure Taken Place? 78 Rules of Evidence 153 Is the Search or Seizure Reasonable? 81 Closing Statements 162 Motor Vehicle and Other Exceptions. .84 Instructing the Jury 163 Interrogation and Confessions 88 The Exclusionary Rule 94 UNIT 4: CORRECTIONS 167 Chapter 19: Children and the Constitution The Rights of Juveniles 239 Chapter 12: Corrections and Society School Searches 246 The Purpose of Punishment 168 A Brief History of Punishment Chapter 20: Juvenile Corrections in the United States 170 Options for Placing Juveniles Sentencing 172 Offenders 247 Problems With Locking Up Juveniles.. 250 Chapter 13: Current Debates At Home Plus 251 Are T o o Many People Behind Bars?....179 The Question of Waiver 252 Do Some Mandatory-Minimum Sentences Wayne Thompson and the Violate the Eighth Amendment? 183 Death Penalty 255 Are Federal Drug-Sentencing Laws Thompson v. Oklahoma (1988) 256 Unfair to Blacks? 184 International Challenges to the Death Penalty 258 Chapter 14: Alternatives to Prison Current Trends and Controversies 260 The Need for Alternatives 188 Fines 188 Probation 189 UNIT 6: SOLUTIONS 263 Revoking Probation 192 Chapter 21: The Causes of Crime Community Service 196 Theories and Approaches 264 Community Corrections 197 Social and Cultural Factors 264 Individual and Situational Factors 267 Chapter 15: Prisons Today Prison in America 201 Chapter 22: Crime and the Government Prison Revolts 205 The Role of Government 271 Parole 208 Crime and the Federal Government... 271 Staying Out of Prison 211 Federal Policy: Civil Forfeiture 273 Federal Policy: Gun Control 277 Chapter 16: Capital Punishment An Attack on Crime: The State Level.. 280 History of the Death Penalty The New Role of State Supreme in America 212 Courts 285 Public Opinion on the Death Penalty.. 218 The Color of Justice 285 Recent Developments in Capital Punishment 218 Chapter 23: Crime and the Citizen Getting Involved in Fighting Crime... 291 Vigilantes in American History 291 UNIT 5: JUVENILE JUSTICE....223 Crime in the Schools 295 Chapter 17: From Criminal to Delinquent Burglary Prevention 299 History: Children and the Law 224 A Conclusion
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