Criminal Justice: Balancing Crime Control and Due Process

Criminal Justice: Balancing Crime Control and Due Process showcases the ways that criminal justice systems operate according to the at times conflicting, and at times complementary, goals of crime control and due process. Criminal Justice: Balancing Crime Control and Due Process helps students improve their critical thinking skills and evaluate why criminal justice practitioners make the decisions they do when processing criminal offenders. Criminal Justice: Balancing Crime Control and Due Process: Helps students organize and understand criminal justice as a system that is often characterized as decentralized, disorganized, and even chaotic. Includes the essential materials of criminal justice presented in 12 clear, concise, scholarly, and, at times, fun chapters. Provides a core understanding of crime, law, and justice and the ways that three big players (police, courts, and corrections) dispense crime, law, and justice. Uses due process models developed by Herbert Packer.

Table of Contents:
PART ONE JUSTICE, CRIME, AND LAW CHAPTER 1 Justice and the Balancing of Crime Control and Due Process QUOTATIONS INTRODUCTION WHAT IS JUSTICE? HISTORICAL APPROACHES TO CRIMINAL JUSTICE Code of Hammurabi Judea-Christian Tradition and Deuteronomy Greek and Roman Traditions Magna Carta and Common Law On Crimes and Punishments Colonial America HERBERT PACKER'S THE LIMITS OF THE CRIMINAL SANCTION Crime Control Model Due Process Model CRIME CONTROL AND DUE PROCESS IN ACTION Improving State and Local Criminal Justice Systems BJA Report Project Safe Neighborhoods: America's Network against Gun Violence Comprehensive Communities Program (CCP) The Innocence Project CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 2 The Raw Materials of Criminal Justice QUOTATIONS INTRODUCTION COUNTING CRIME Uniform Crime Reports (UCR) History and Scope of the UCR Program Definitions and Rates of UCR Index Offenses Violent Part I Offenses Property Part I Offenses Part II Offenses Weaknesses of UCR Data NATIONAL INCIDENT-BASED REPORTING SYSTEM (NIBRS) NATIONAL CRIME VICTIMIZATION SURVEY (NCVS) Do OFFICIAL AND VICTIMIZATION DATA MATCH? CRIMINAL JUSTICE STRUCTURE AND THE MAGNITUDE OF THE CRIME PROBLEM FEDERAL JUSTICE STATISTICS State Justice Statistics CSI and the iceberg of Unsolved Cases CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 3 Substantive Criminal Law QUOTATIONS INTRODUCTION HISTORICAL SOURCES OF CRIMINAL LAW English Common Law Statutory Law Case Law and the Law of Precedent Procedural Law United States Constitution and Limits on Criminal Law CLASSIFICATION OF CRIMES Mala in se and Mala prohibita Felony Misdemeanor Petty Traffic THE ELEMENTS OF CRIME (CORPUS DELICTI) Actus Reus Mens Rea Concurrence of Actus Reus and Mens Rea Additional Features of Crime DEFENSES AGAINST THE LAW Alibi Justifications Excuses Insanity Early Insanity Defenses M'Naghten or McNaghten Rule The Durham and Brawner Rules Other Insanity Defense Standards Research Findings on the Insanity Defense Procedural Defenses Innovative or Creative Defenses CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING PART TWO POLICING CHAPTER 4 Police History, Function, and Organization QUOTATIONS INTRODUCTION POLICE HISTORY Modern Policing The Political Era, 1840 to 1920 The Reform Era, 1920 to 1980 The Community/Problem-Solving Era, 1980 to Present 80 FUNCTIONS OF THE POLICE Service Style Legalistic Style Watchman Style POLICE PERFORMANCE Scientific Policing The Kansas City Preventive Patrol Experiment The Newark Foot Patrol Experiment The Minneapolis Domestic Violence Experiment and Spouse Abuse Replication Program (SARP) POLICE ORGANIZATION Agencies Employees Personnel Characteristics Operations and Services Outreach CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 5 Police and the Rule of Law QUOTATIONS INTRODUCTION WARRANTS THE EXCLUSIONARY RULE EXCEPTIONS TO THE EXCLUSIONARY RULE AND WARRANTLESS SEARCHES AND SEIZURES Good Faith Incident to Arrest Plain View Automobile Searches Inevitable Discovery Consent Stop and Frisk/Reasonable Suspicion POLICE CUSTODY, INTERROGATION, AND MIRANDA The Legacy of the Third Degree The Road to Miranda Miranda v. Arizona (7966) Post•Miranda Developments THE COSTS OF MIRANDA? Crimes Lost Waive or Invoke? Due Process Symbolism CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 6 Police Behavior, Discretion, and the Dark Side of Policing QUOTATIONS INTRODUCTION DISCRETION AND THE DETERMINANTS OF POLICE BEHAVIOR Mobilization Complainants Leniency Evidence Seriousness Intimacy Disrespect Discrimination CHARACTERISTICS OF POLICE PERSONALITY AND CULTURE Secrecy, Solidarity, and Violence The Working Personality Coercion Cynicism USE OF FORCE LETHAL FORCE AND POLICE KILLINGS POLICE CORRUPTION AND MISCONDUCT Chicago Crime Commission WICKERSHAM COMMISSION Commission on Civil Rights and National Crime Commissions Knapp, Christopher, and Mollen Commissions THE POLICE-PUBLIC RELATIONSHIP Racial Profiling Zero-Tolerance Policing CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING PART THREE COURTS AND JUDICIAL PROCESSES CHAPTER 7 Bail, Jail, and the Pretrial Period QUOTATIONS INTRODUCTION BAIL/BOND Definitions Types of Bond History and Reform Bail Recovery/Enforcement and Bounty Hunters PRETRIAL SERVICES TODAY Staffing, Operations, and Authority Bond Interviews and Assessments Special Populations and Monitoring Pretrial Release of Felony Defendants Federal Pretrial Release and Detention BOND DECISION-MAKING AND DETERMINANTS OF RELEASE/DETENTION Types of Risk Protective and Risk Factors THE EFFECTS OF PRETRIAL DETENTION Administrative Issues Procedural Justice Issues Substantive Justice Issues JAILS Definition and Purpose Jail Population Social and Criminal Histories of Jail Inmates History, Reform, and Programs Federal Jails CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 8 Prosecution v. Defense, State v. Individual QUOTATIONS INTRODUCTION THE PROSECUTION Statistical Snapshot of American Prosecutors The Greatest Power in the Court Room? Functions and Responsibilities Prosecutorial Discretion THE DEFENSE Constitutional Bases and Responsibilities The Development of Rights to Counsel Statistical Snapshot and Types of Defense Counsel Public or Private Counsel: Does It Make a Difference? ADVERSARIAL JUSTICE, CRIME CONTROL, AND DUE PROCESS THE JUDGE: REFEREE FOR THE ADVERSARIES OF JUSTICE CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 9 Trials, Plea Bargains, and the Philosophy of Punishment QUOTATIONS INTRODUCTION COURT APPEARANCES AND PROCEDURES Arraignment Indictment Pleas Sentencing Hearing PLEA-BARGAINING Definition and Purposes The Roles of the Courtroom Workgroup Legal and Extra-legal Factors Reform and Future Prospects 2 TRIALS AND TRIAL PROCEDURES Trial Initiation Jury Selection Voir Dire Opening Statements Rules of Evidence Presentation and Types of Evidence Direct Examination Crass-Examination Directed Verdict and Closing Arguments The Judge Instructs the Jury Jury Deliberation, Verdict, and Judgment Sentencing Appeal MOTIONS Discovery Bill of Particulars Dismissal Suppress Evidence Change of Venue Severance of Offenses and Severance of Defendants Continuance Arrest of Judgment Present Sanity Mistrial and New Trial CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING PART FOUR CORRECTIONS AND PUNISHMENT CHAPTER 10 Intermediate Sanctions, Probation, and Offender-Community Integration QUOTATIONS INTRODUCTION INTERMEDIATE SANCTIONS/COMMUNITY CORRECTIONS General Information Strengths and Weaknesses of Intermediate Sanctions Types of Intermediate Sanctions Fines and Restitution Forfeiture Day Reporting Community Service Deferred Prosecution, Judgment, or Sentence Halfway Houses/Residential Treatment Boot Camps/Shock Incarceration Home Detention, House Arrest, and Electronic Monitoring PROBATION Definitions and General Information Types of Probation Statistical Snapshot History Administration and Caseloads The Criminality of Probationers, Recidivism, and Noncompliance The Future of Probation PAROLE General Information and Definitions Historical Background Statistical Snapshot Criminal History of Parolees Parole Success and Failure Collateral Problems of Parole CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 11 Prison QUOTATIONS INTRODUCTION HISTORY OF AMERICAN PRISONS Overview and Major Themes The Colonial Era, Pennsylvania System, and Auburn System The Reformatory Movement Bureau of Prisons (BOP) The Hands-Off Doctrine, Prisonization, and Deprivation Importation and the Crime Boom, Circa 1965-1993 The New Penology and Beyond STATISTICAL PROFILE OF PRISONERS AND PRISONS Prisoner Population Offense Type Time Served and Truth-in-Sentencing Prison Facilities Correctional Programs and Treatment Suicide, Homicide, and Sources of Mortality among Prisoners Collateral Costs of Imprisonment PRISONER CRIMINALITY Criminal History Institutional Misconduct Post-Release Recidivism CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING CHAPTER 12 Capital Punishment QUOTATIONS INTRODUCTION CAPITAL PUNISHMENT IN THE UNITED STATES Statistical Snapshot Death Penalty Statute Aggravating and Mitigating Circumstances Case Procedure and Automatic Review/Appeal Method of Execution Criminal History Background of Condemned Offenders Historical Trends Twenty-First Century Trends DETERRENCE Evidence Against Supportive Evidence Substantive Problems with the Deterrence Argument RETRIBUTION MORAL, PHILOSOPHICAL, AND RELIGIOUS BASES Contemporary Public Philosophy Racial Elements, Capital Punishment, and Retribution CHAPTER SUMMARY: BALANCING CRIME CONTROL AND DUE PROCESS KEY TERMS TALKING POINTS WEB LINKS FURTHER READING Endnotes Index