The Administration of Justice: An Introduction to the Criminal Justice System in America

Author(s): Robert Aberle

Edition: 6

Copyright: 2023

Pages: 320

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$68.25

ISBN 9798765785584

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The Administration of Justice: An Introduction to the Criminal Justice System in America, 6e is a comprehensive overview of Criminal Justice that is presented in a clear and understandable format. The text is designed to meet the needs of those students who are seeking to get a broad overview of the American Criminal Justice System as an elective to meet general education requirements for other disciplines, as well as the foundation for those students planning to major in criminal justice studies.

Each chapter begins with a Chapter Overview, Learning Objectives, and Keywords. The keywords are defined within the text material and highlighted in the margins to reinforce the important concepts of each chapter. Review and Critical Thinking Questions are included at the end of each chapter to allow the student to test their comprehension of the material that was presented.

The 6th edition has added Featured Focus Points at the end of each chapter. These Focus Points highlight a specific issue from the topics of the chapter.

Chapter 1 The Constitution: The Basis of Criminal Justice in America
Chapter Overview
Chapter Learning Objectives
Keywords
The Preamble to the United States Constitution
Introduction
Branches of Government
Checks and Balances
Applications to the Criminal Justice System
The Bill of Rights
First Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the First Amendment
     Exceptions and limitations of the rights afforded under the First Amendment
Second Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Second Amendment
     Exceptions and limitations of the rights afforded under the Second Amendment
Fourth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Fourth Amendment
     Exceptions and limitations of the rights afforded under the Fourth Amendment
Fifth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Fifth Amendment
     Exceptions and limitations of the rights afforded under the Fifth Amendment
Sixth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Sixth Amendment
     Exceptions and limitations of the rights afforded under the Sixth Amendment
Eighth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Eighth Amendment
     Exceptions and limitations of the rights afforded under the Eighth Amendment
Fourteenth Amendment
     Overview and relevance to the Criminal Justice System
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 2 Introduction to the Justice System
Chapter Overview
Chapter Learning Objectives
Keywords
The Concept of Justice
Due Process vs. Crime Control
The Components of the Criminal Justice System
Police
Corrections
Courts
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 3 The Extent of Crime in America
Chapter Overview
Chapter Learning Objectives
Keywords
Counting Crime
How crime is reported
Sources of Crime Data
NIBRS
NCVS
Problems with the Data
     Rape
Definitions of Crimes
Crime in America
Clearance Rates
Cleared by Arrest
Cleared by Exceptional Means
Guns and Crime
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 4 An Introduction to Criminology
Chapter Overview
Chapter Learning Objectives
Keywords
Criminology
Overview of Criminological Theories
Classical and Neo-Classical Theories
Biological and Trait Theories
Psychological Theories
Social Theories
Conflict Theories
Summary of Criminology
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 5 The Concept of Laws in America
Chapter Overview
Chapter Learning Objectives
Keywords
What is Law?
Types of Laws
Statutory Law
Case Law
Administrative Law
Civil Law
Criminal Law
Actus reus
Mens rea
Concurrence
Strict Liability Crimes
Corpus delicti
Elements of a Crime
     Burglary
     Scenario #1
     Scenario #2
Categories of Crimes
Felonies
Misdemeanors
Offenses and Infractions
Legal Defenses
Justification Defenses
     Self-Defense
     Necessity
Legal Excuses
     Duress
     Infancy
     Mistake
     Involuntary Intoxication
     Insanity
     M’Naghten Rule
     Irresistible-Impulse Test
     Durham Rule
     Substantial-Capacity Test
     Entrapment
     Alibi
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 6 Policing in America
Chapter Overview
Chapter Learning Objectives
Keywords
Early English History
London Metropolitan Police
Philosophy
History of Policing in America
law enforcement Today
Federal
     FBI
     Drug Enforcement Administration
     Bureau of Alcohol, Tobacco, Firearms, and Explosives
     U.S. Marshals Service
State Law Enforcement
County Law Enforcement
City Law Enforcement
Specialized Police Agencies
The Function of Police
Enforcing the Laws
Providing Services
Criminal Investigation
Preventing Crime
Patrol
The Kansas City Preventive Patrol Experiment
Community Policing
     Police Solving
     SARA Model
     Problem Analysis Triangle
Police Use of Force
Deadly Force
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 7 Police Procedures
Chapter Overview
Chapter Learning Objectives
Keywords
U.S. Supreme Court Hands-off Policy Prior to the 1960s
Arrest
Stop and Frisk
Terry v. Ohio
Pat-down Search
Search
Search with a Warrant
Exclusionary Rule
Mapp v. Ohio
Fruit of the Poisonous Tree Doctrine
Exceptions to the Exclusionary Rule
Good Faith Exception
Inevitable Discovery Exception
Exceptions to the Search Warrant Requirements
Search Incident to a Lawful Arrest
Plain View
Consent Searches
Exigent Circumstances
Vehicle Searches
Interrogation
Miranda v. Arizona
When is Miranda Required?
When is Miranda Not Required?
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 8 Courts: The System
Chapter Overview
Chapter Learning Objectives
Keywords
Development of the American Court System
selection of judges
Civil Courts
Criminal Courts
Jurisdiction
Original Jurisdiction
Limited Jurisdiction
General Jurisdiction
Appellate Jurisdiction
difference between Federal and state Courts
Federal Court System
District Courts
united states courts of appeals
The United States Supreme Court
State Court System
Trial Courts
Appellate Courts
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 9 Pretrial Activities and the Criminal Trial
Chapter Overview
Chapter learning Objectives
Keywords
Entering the Criminal Justice System
Booking
Bail and Pretrial Release
Entering the Court System—Pretrial Activities
First Appearance
Preliminary Hearing
The Grand Jury
Information
Arraignment
Plea Bargaining
Legal Issues
Speedy Trial
Right to Counsel
The Criminal Trial
Jury Selection
Opening Statements
The Prosecution’s Case
Motion for Directed Verdict
The Defendant’s Case
Closing Arguments
Jury Instructions
Deliberation
Verdict
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 10 Sentencing
Chapter Overview
Chapter learning Objectives
Keywords
Sentencing Reform in the United States
The Sentencing Reform Act of 1984
The Violent Crime Control and Law Enforcement Act of 1994 (1994 Crime Bill)
Fair Sentencing Act of 2010
Criminal Justice Reform Act of 2018 (First Step Act)
Sentencing Models
Indeterminate Sentencing
Structured Sentencing
     Determinate Sentencing
     Mandatory Sentencing
     Presumptive Sentencing
Issues in Sentencing
Aggravating and Mitigating Circumstances
     Typical Aggravating Circumstances
     Typical Mitigating Circumstances
Concurrent and Consecutive Sentences
Victim Considerations
Death Penalty
The Legality of the Death Penalty
Methods of Execution
The Death Penalty Today
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 11 Corrections: Jails and Prisons
Chapter Overview
Chapter Learning Objectives
Keywords
Brief History of Corrections in the United States
Walnut Street Jail
Pennsylvania System
Auburn System
Correctional System in the United States Today
     Jails
     Prisons
     Private Prisons
The Classification Process
Levels of Security
The Philosophies of Punishment
Incapacitation
Deterrence
Restorative Justice
Retribution and Just Deserts
Rehabilitation
Problems and Issues Facing the Correctional System Overcrowding
Health Issues
Prison Gangs
Sex in Prison
Aging Prison Populations
Women in Prison
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 12 Corrections: Alternatives to Incarceration
Chapter Overview
Chapter Learning Objectives
Keywords
Brief History of Probation in the United States
Probation Today
Probation Departments
     State and Local
     Federal
Parole
Parole Boards
Parole Departments
Conditions of Supervision of Probation and Parole
Standard Conditions
Special Conditions
The Role of the Probation/Parole Officer
Revocation Proceedings
Preliminary Inquiry Hearing
Revocation Hearing
Additional Intermediate Sanctions
Drug Court
Split Sentencing
Intensive Supervision Program
Electronic Monitoring
     GPS Electronic Monitoring
Veterans Court
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 13 Juvenile Justice
Chapter Overview
Chapter Learning Objectives
Keywords
Juvenile—Definition and Trends
A Brief History of Juvenile Justice in the United States
Parens Patriae
The Juvenile Justice System from the 1950s to Today
Law Enforcement and Juvenile Crime
The Juvenile Court System
Jurisdiction
Delinquency and Status Offenses
The Juvenile Court Process
Intake
Informally Processed Cases
Formally Processed Cases
Judicial Dispositions
Rights of the Juvenile Offender
Supreme Court Cases
     Kent v. United States (1966)
     In re Gault (1967)
     In re Winship (1970)
     Additional Rulings
Juvenile Corrections
Residential Placement Facilities
Juvenile Probation
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 14 Ethics and the Criminal Justice System
Chapter Overview
Chapter Learning Objectives
Keywords
What is Ethics?
Competing Views of Ethical Systems
Ethics and The Criminal Justice System
Police Ethical Considerations
Police Discretion
BLUE Curtain
Solutions: Leadership and Training
     Improve Hiring Practices
     Ethics Training
     Leadership
Judicial Ethical Considerations
Judges
     Misconduct Issues
Prosecutors
     Prosecutorial Discretion
     Prosecutorial Misconduct
Defense Attorneys
     Defense Counsel Misconduct
Correctional Ethical Considerations
Duties of Correctional Officers and Potential Misconduct issues
     Inmate Rights
Probation and Parole Officers
     Ethical Issues
The Media
Featured Focus Point

Review Questions
Critical Thinking Questions
 

Appendix A United States Constitution
Glossary
Index

Robert Aberle
Robert Aberle is a full-time Professor of Criminal Justice in the Department of Criminal Justice & Emergency Services at the College of Southern Nevada, Las Vegas, Nevada. Professor Aberle has over 40 years’ Criminal Justice experience as a police officer, criminal investigator, law enforcement supervisor, Police Academy Director, Law enforcement trainer, Parole and Probation Officer, and college professor.

The Administration of Justice: An Introduction to the Criminal Justice System in America, 6e is a comprehensive overview of Criminal Justice that is presented in a clear and understandable format. The text is designed to meet the needs of those students who are seeking to get a broad overview of the American Criminal Justice System as an elective to meet general education requirements for other disciplines, as well as the foundation for those students planning to major in criminal justice studies.

Each chapter begins with a Chapter Overview, Learning Objectives, and Keywords. The keywords are defined within the text material and highlighted in the margins to reinforce the important concepts of each chapter. Review and Critical Thinking Questions are included at the end of each chapter to allow the student to test their comprehension of the material that was presented.

The 6th edition has added Featured Focus Points at the end of each chapter. These Focus Points highlight a specific issue from the topics of the chapter.

Chapter 1 The Constitution: The Basis of Criminal Justice in America
Chapter Overview
Chapter Learning Objectives
Keywords
The Preamble to the United States Constitution
Introduction
Branches of Government
Checks and Balances
Applications to the Criminal Justice System
The Bill of Rights
First Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the First Amendment
     Exceptions and limitations of the rights afforded under the First Amendment
Second Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Second Amendment
     Exceptions and limitations of the rights afforded under the Second Amendment
Fourth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Fourth Amendment
     Exceptions and limitations of the rights afforded under the Fourth Amendment
Fifth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Fifth Amendment
     Exceptions and limitations of the rights afforded under the Fifth Amendment
Sixth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Sixth Amendment
     Exceptions and limitations of the rights afforded under the Sixth Amendment
Eighth Amendment
     Overview and relevance to the Criminal Justice System
     Rights afforded under the Eighth Amendment
     Exceptions and limitations of the rights afforded under the Eighth Amendment
Fourteenth Amendment
     Overview and relevance to the Criminal Justice System
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 2 Introduction to the Justice System
Chapter Overview
Chapter Learning Objectives
Keywords
The Concept of Justice
Due Process vs. Crime Control
The Components of the Criminal Justice System
Police
Corrections
Courts
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 3 The Extent of Crime in America
Chapter Overview
Chapter Learning Objectives
Keywords
Counting Crime
How crime is reported
Sources of Crime Data
NIBRS
NCVS
Problems with the Data
     Rape
Definitions of Crimes
Crime in America
Clearance Rates
Cleared by Arrest
Cleared by Exceptional Means
Guns and Crime
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 4 An Introduction to Criminology
Chapter Overview
Chapter Learning Objectives
Keywords
Criminology
Overview of Criminological Theories
Classical and Neo-Classical Theories
Biological and Trait Theories
Psychological Theories
Social Theories
Conflict Theories
Summary of Criminology
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 5 The Concept of Laws in America
Chapter Overview
Chapter Learning Objectives
Keywords
What is Law?
Types of Laws
Statutory Law
Case Law
Administrative Law
Civil Law
Criminal Law
Actus reus
Mens rea
Concurrence
Strict Liability Crimes
Corpus delicti
Elements of a Crime
     Burglary
     Scenario #1
     Scenario #2
Categories of Crimes
Felonies
Misdemeanors
Offenses and Infractions
Legal Defenses
Justification Defenses
     Self-Defense
     Necessity
Legal Excuses
     Duress
     Infancy
     Mistake
     Involuntary Intoxication
     Insanity
     M’Naghten Rule
     Irresistible-Impulse Test
     Durham Rule
     Substantial-Capacity Test
     Entrapment
     Alibi
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 6 Policing in America
Chapter Overview
Chapter Learning Objectives
Keywords
Early English History
London Metropolitan Police
Philosophy
History of Policing in America
law enforcement Today
Federal
     FBI
     Drug Enforcement Administration
     Bureau of Alcohol, Tobacco, Firearms, and Explosives
     U.S. Marshals Service
State Law Enforcement
County Law Enforcement
City Law Enforcement
Specialized Police Agencies
The Function of Police
Enforcing the Laws
Providing Services
Criminal Investigation
Preventing Crime
Patrol
The Kansas City Preventive Patrol Experiment
Community Policing
     Police Solving
     SARA Model
     Problem Analysis Triangle
Police Use of Force
Deadly Force
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 7 Police Procedures
Chapter Overview
Chapter Learning Objectives
Keywords
U.S. Supreme Court Hands-off Policy Prior to the 1960s
Arrest
Stop and Frisk
Terry v. Ohio
Pat-down Search
Search
Search with a Warrant
Exclusionary Rule
Mapp v. Ohio
Fruit of the Poisonous Tree Doctrine
Exceptions to the Exclusionary Rule
Good Faith Exception
Inevitable Discovery Exception
Exceptions to the Search Warrant Requirements
Search Incident to a Lawful Arrest
Plain View
Consent Searches
Exigent Circumstances
Vehicle Searches
Interrogation
Miranda v. Arizona
When is Miranda Required?
When is Miranda Not Required?
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 8 Courts: The System
Chapter Overview
Chapter Learning Objectives
Keywords
Development of the American Court System
selection of judges
Civil Courts
Criminal Courts
Jurisdiction
Original Jurisdiction
Limited Jurisdiction
General Jurisdiction
Appellate Jurisdiction
difference between Federal and state Courts
Federal Court System
District Courts
united states courts of appeals
The United States Supreme Court
State Court System
Trial Courts
Appellate Courts
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 9 Pretrial Activities and the Criminal Trial
Chapter Overview
Chapter learning Objectives
Keywords
Entering the Criminal Justice System
Booking
Bail and Pretrial Release
Entering the Court System—Pretrial Activities
First Appearance
Preliminary Hearing
The Grand Jury
Information
Arraignment
Plea Bargaining
Legal Issues
Speedy Trial
Right to Counsel
The Criminal Trial
Jury Selection
Opening Statements
The Prosecution’s Case
Motion for Directed Verdict
The Defendant’s Case
Closing Arguments
Jury Instructions
Deliberation
Verdict
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 10 Sentencing
Chapter Overview
Chapter learning Objectives
Keywords
Sentencing Reform in the United States
The Sentencing Reform Act of 1984
The Violent Crime Control and Law Enforcement Act of 1994 (1994 Crime Bill)
Fair Sentencing Act of 2010
Criminal Justice Reform Act of 2018 (First Step Act)
Sentencing Models
Indeterminate Sentencing
Structured Sentencing
     Determinate Sentencing
     Mandatory Sentencing
     Presumptive Sentencing
Issues in Sentencing
Aggravating and Mitigating Circumstances
     Typical Aggravating Circumstances
     Typical Mitigating Circumstances
Concurrent and Consecutive Sentences
Victim Considerations
Death Penalty
The Legality of the Death Penalty
Methods of Execution
The Death Penalty Today
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 11 Corrections: Jails and Prisons
Chapter Overview
Chapter Learning Objectives
Keywords
Brief History of Corrections in the United States
Walnut Street Jail
Pennsylvania System
Auburn System
Correctional System in the United States Today
     Jails
     Prisons
     Private Prisons
The Classification Process
Levels of Security
The Philosophies of Punishment
Incapacitation
Deterrence
Restorative Justice
Retribution and Just Deserts
Rehabilitation
Problems and Issues Facing the Correctional System Overcrowding
Health Issues
Prison Gangs
Sex in Prison
Aging Prison Populations
Women in Prison
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 12 Corrections: Alternatives to Incarceration
Chapter Overview
Chapter Learning Objectives
Keywords
Brief History of Probation in the United States
Probation Today
Probation Departments
     State and Local
     Federal
Parole
Parole Boards
Parole Departments
Conditions of Supervision of Probation and Parole
Standard Conditions
Special Conditions
The Role of the Probation/Parole Officer
Revocation Proceedings
Preliminary Inquiry Hearing
Revocation Hearing
Additional Intermediate Sanctions
Drug Court
Split Sentencing
Intensive Supervision Program
Electronic Monitoring
     GPS Electronic Monitoring
Veterans Court
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 13 Juvenile Justice
Chapter Overview
Chapter Learning Objectives
Keywords
Juvenile—Definition and Trends
A Brief History of Juvenile Justice in the United States
Parens Patriae
The Juvenile Justice System from the 1950s to Today
Law Enforcement and Juvenile Crime
The Juvenile Court System
Jurisdiction
Delinquency and Status Offenses
The Juvenile Court Process
Intake
Informally Processed Cases
Formally Processed Cases
Judicial Dispositions
Rights of the Juvenile Offender
Supreme Court Cases
     Kent v. United States (1966)
     In re Gault (1967)
     In re Winship (1970)
     Additional Rulings
Juvenile Corrections
Residential Placement Facilities
Juvenile Probation
Featured Focus Point
Review Questions
Critical Thinking Questions

Chapter 14 Ethics and the Criminal Justice System
Chapter Overview
Chapter Learning Objectives
Keywords
What is Ethics?
Competing Views of Ethical Systems
Ethics and The Criminal Justice System
Police Ethical Considerations
Police Discretion
BLUE Curtain
Solutions: Leadership and Training
     Improve Hiring Practices
     Ethics Training
     Leadership
Judicial Ethical Considerations
Judges
     Misconduct Issues
Prosecutors
     Prosecutorial Discretion
     Prosecutorial Misconduct
Defense Attorneys
     Defense Counsel Misconduct
Correctional Ethical Considerations
Duties of Correctional Officers and Potential Misconduct issues
     Inmate Rights
Probation and Parole Officers
     Ethical Issues
The Media
Featured Focus Point

Review Questions
Critical Thinking Questions
 

Appendix A United States Constitution
Glossary
Index

Robert Aberle
Robert Aberle is a full-time Professor of Criminal Justice in the Department of Criminal Justice & Emergency Services at the College of Southern Nevada, Las Vegas, Nevada. Professor Aberle has over 40 years’ Criminal Justice experience as a police officer, criminal investigator, law enforcement supervisor, Police Academy Director, Law enforcement trainer, Parole and Probation Officer, and college professor.