An Examination of the System, CONTEMPORARYIts Challenges, and Its Future CRIMINAL JUSTICE CONTEMPORARY CRIMINAL JUSTICE CONTEMPORARY CRIMINAL JUSTICE FIRST EDITION Edited by Kendra N. Bowen and Jason D. Spraitz Texas Christian University / University of Wisconsin - Eau Claire Bassim Hamadeh, CEO and Publisher Kassie Graves, Director of Acquisitions Jamie Giganti, Senior Managing Editor Miguel Macias, Senior Graphic Designer Zina Craft, Senior Field Acquisitions Editor Gem Rabanera, Project Editor Elizabeth Rowe, Licensing Coordinator Chelsey Schmid, Associate Editor Kat Ragudos, Interior Designer Copyright © 2017 by Cognella, Inc. All rights reserved. No part of this publication may be reprinted, reproduced, transmitted, or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information retrieval system without the written permission of Cognella, Inc. 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Printed in the United States of America ISBN: 978-1-5165-0560-9 (pbk) / 978-1-5165-0561-6 (br) CONTENTS Chapter 1: Crime and Victimization (By Eric Kocian) 1 What is Criminal Justice? 1 Definition and Elements of Crime 2 What is Crime? 5 Actus Reus & Mens Rea 6 Due Process 7 The Crime Problem 8 Crime Measurement 9 Crime Trends & Patterns 14 Offenders 16 Victimization 16 Crime Control in the United States 19 The Structure of the Criminal Justice System 20 Criminal Justice Wedding Cake 23 Credits 24 Chapter 2: Policing: Past to Present (By Ryan Getty) 25 Introduction 25 Law and Policing Prior to the English Influence 25 The English Influence 27 Policing in the United States 30 Colonial America 31 The Eras of Policing 32 The Political Era 32 The Reform or Professional Era 33 The Community Involvement Era 37 The Post-9/11 Era 39 The Police Function 40 The Structure of Policing 44 Departments Sizes, Chiefs, and Their Environment 44 Departmental Structure and Specialization 46 Federal Law Enforcement 47 Credits 49 Contents iii Chapter 3: Policing: The Police and the Law (By Richard C. Helfers) 51 Introduction 51 Probable Cause vs. Reasonable Suspicion 52 The Search Warrant Process 53 Warrantless Searches 54 Consent 54 Abandoned Property and Open Fields 56 Plain View 56 Incident to Arrest 56 Automobile Exception 57 Inventories 58 Exigent 59 Stop and Frisk 60 The Exclusionary Rule 61 Good Faith Exception 62 Knock and Announce 62 Interrogations and Confessions 63 Recent Developments with Technology 64 Chapter Summary 66 Chapter 4: Policing: Contemporary Issues (By Richard C. Helfers) 67 Introduction 67 Police Legitimacy 68 Discretion 70 Use of Force 72 Race Relations 75 Homeland Security and Terrorism 76 Technology 79 Social Media 81 Recruitment 82 Chapter Summary 83 Credits 84 Chapter 5: Courts: Essentials of the Court System (By Jennifer Huck) 85 Introduction 85 Brief History of the Courts 85 iv Contemporary Criminal Justice Federal System 86 State System 87 The Structure of the Court System 90 State Court Systems 91 Federal Court System 92 Adversarial vs. Advocacy 95 Specialized Courts – An Example of Advocacy 96 Courtroom Work Group 96 Prosecutor 97 Role of the Prosecutor 97 Charging Decisions 98 Defense Attorney 98 Types of Defense Attorneys 99 Role of the Defense Attorney 100 Judge 100 Role of the Judge 101 Discretionary Decisions 101 Other Courtroom Staff and Participants 102 Courtroom Work Group and the Importance of Working Together 103 Credits 104 Chapter 6: Courts: Courtroom Proceedings (By Mari Pierce) 105 Introduction 105 The Pre-Trial Process 105 How Criminal Cases are Initiated 105 The Initial Appearance 107 The Bail Decision 108 Probable Cause Decision 111 Arraignment 113 Plea Bargaining 113 The Trial Process 115 Jury Selection 116 The Trial 118 The Sentencing Decision 121 The Appellate Process 123 Chapter Summary 126 Contents v Chapter 7: Courts: Sentencing (By Brian Iannacchione) 127 Introduction 127 Goals of Sentencing 127 Deterrence 128 Retribution 129 Incapacitation 130 Rehabilitation 130 Restoration 131 Types of Sentences 132 Types of Sentencing 132 The Death Penalty 134 Brief History of the Death Penalty 134 The Death Penalty in the Modern Era 136 Chapter Summary 139 Chapter 8: Corrections: Community Corrections (By Jeremy Olson & Brian Iannacchione) 141 Introduction 141 Context of Community Corrections in the United States 142 Probation and Parole 143 The Continuum of Restrictiveness: Graduated Sanctions 147 Costs, Fines, and Restitution 148 House Arrest and House Arrest with Electronic Monitor 149 Counseling 150 Day Treatment and After-School Programs 151 Foster Care 152 Experiential Education/Wilderness Schools 152 Intensive Supervision probation and Shock Probation 153 Boot Camp 153 Community Residential Treatment Facilities 154 Secure Residential Facilities 155 Conclusion 155 Chapter 9: Corrections: Prisons and Jails (By Renee Lamphere) 157 Introduction 157 History of the U.S. Prison System 157 vi Contemporary Criminal Justice Crime & Punishment in Colonial America 157 The Emergence of Prisons 160 The Penitentiary & Mass Prison Era 161 The Reformatory Era 163 The Industrial Prison Era 165 The Treatment and Community-Based Eras 166 The Warehousing Era 167 The Evidence-Based Era 168 Prisons Today 169 Security Levels & Classification Systems 171 Private Prisons 173 The Inmate Experience 174 The Male Inmate Experience 175 The Female Inmate Experience 177 Jails 178 Chapter Summary 179 Credits 180 Chapter 10: Corrections: Reentry and Reintegration (By Breanne Pleggenkuhle) 181 Introduction 181 Security and Public Safety 181 Barriers to Reentry and Reintegration 183 Stigmatization 184 Employment and Education 185 Housing 188 Family Dynamics 190 Civic Identity and Benefits 192 Disadvantage 193 Economic Strain 194 Special Populations 195 Female Offenders 195 Elderly Offenders 196 Mentally Ill Offenders 197 Conclusion 198 Contents vii Chapter 11: The Juvenile Justice System (By Jeremy Olson) 199 Introduction 199 Juvenile Delinquency 200 Brief History of the U.S. Juvenile Justice System 202 The Role of the Juvenile Justice System 204 An Evolving Juvenile Court 205 In re: Gault 205 In re: Winship 206 McKeiver v. Pennsylvania 206 Breed v. Jones 206 Charging Juveniles 207 The Juvenile Court Process 209 Disposition and Corrections in the Juvenile System 211 Restorative Justice 211 Contemporary Issues: Cyberbullying and School Violence 212 Chapter 12: The Future of the Criminal Justice System (By Kendra N. Bowen and Jason D. Spraitz) 215 Introduction 215 Hot Topics in Crime Policy 216 The Future of Criminal Justice Systems 218 Policing 218 Courts 219 Corrections 220 Prevention and Evidence-Based Crime Policy 221 Juvenile Justice 223 Conclusion 224 References and Cases 227 References 227 Cases 261 Glossary 263 viii Contemporary Criminal Justice CHAPTER 1 CRIME AND VICTIMIZATION By Eric Kocian Saint Vincent College What is Criminal Justice? Th e criminal justice system is a collection of institutions that operate interdepen- dently to enforce accepted standards of conduct in society and to protect the general public. Due to the nature of crime, societal changes, and advancing threats to national and personal safety, the criminal justice system is constantly evolving to meet the challenges and risks that exist. Th e criminal justice system primarily refers to: police, courts, and corrections. Criminal justice agencies are the government institutions responsible for opposing civil disobedience and executing government policies. Th e police do this by investigating criminal law violations, protecting private and public property, and maintaining public order; the courts by prosecuting criminal violations while protecting the rights of the accused; and corrections by executing the sentences imposed on the guilty. Th e system operates at three distinct levels (federal, state, and local) to enforce criminal laws and statutes within their respective jurisdictions. Each jurisdiction is diff erent, which allows for a more thorough and useful system of justice because of the diff erent criminal statutes associated with each branch. Federal laws are applied uniformly throughout the United States, but state laws and punishments vary from one state to the next, since each state is free to enact its own 1 criminal code inasmuch as it does not violate the Constitutional rights of the people, as interpreted by the U.S. Supreme Court (Bailey, 1989; Barnes, 2001; Chambliss, 2011). Definition and Elements of Crime The United States Constitution and the constitutions of each indi- vidual state define and regulate what is required and what is prohibited for members of American society. As outlined in these documents of law, there is a categorical breakdown between substantive and proce- SUBSTANTIVE LAW dural law. Substantive law is written law that deals with rights, duties, Written law that governs behaviors and prohibitions that are controlled and is passed through legislation. In short, it determines which behaviors are permitted and which PROCEDURAL LAW behaviors are outlawed. Procedural laws are developed through the Developed by the courts to govern how substantive law is administered appellate courts and deal with how the substantive law of the land is and enforced administered, enforced, altered, and utilized by the individuals in the criminal justice system.