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

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
Review Questions
Critical Thinking Questions

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

Chapter 3: The Extent of Crime in America
Chapter Overview
Chapter Learning Objectives
Keywords
Counting Crime
Sources of Crime Data
UCR
Violent Crimes
Property Crimes
NIBRS
NCVS
Problems with the Data
Rape
Definitions of Crimes
Crime in America
Clearance Rates
Cleared by Arrest
Cleared by Exceptional Means
Crime Clock
Gender and Crime
Age and Crime
Race and Crime
Guns and Crime
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
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
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
Police 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
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
Probable Cause
Stop and Frisk
Terry v. Ohio
Reasonable Suspicion
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?
Review Questions
Critical Thinking Questions

Chapter 8: Courts: The System
Chapter Overview
Chapter Learning Objectives
Keywords
Development of the American Court System
Civil Courts
Criminal Courts
Jurisdiction
Original Jurisdiction
Limited Jurisdiction
General Jurisdiction
Appellate Jurisdiction
Federal Court System
District Courts
Federal Circuit Courts of Appeals
The United States Supreme Court
State Court System
Trial Courts
Appellate Courts
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
Pre-sentence Investigation (PSI)
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
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
Difference between Jails and Prisons
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
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
Juvenile
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
Recidivism
Additional Intermediate Sanctions
Drug Court
Split Sentencing
Intensive Supervision Program
Electronic Monitoring
GPS Electronic Monitoring
Veterans Court
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
Tried as an Adult
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
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
Review Questions
Critical Thinking Questions

Appendix A: United States Constitution
Glossary
Index