Criminal Justice: Balancing Crime Control and Due Process

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

Chapter 2