Introduction to Fundamental Concepts in Criminal Justice
Edition: 4
Copyright: 2023
Pages: 326
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Fundamental Concepts in Criminal Justice is an introductory textbook that provides students with a vast amount of subject matter that is both relevant and foundational to the criminal justice discipline. These topics include, but are not limited to the following areas: Evolution of Crime and Punishment; Ethical Issues in Criminal Justice; Criminal Law; Criminal Procedure; Courts and the Judiciary; and Juvenile Justice. The subject matter organizes a unique approach to key concepts, and is designed to give students clarity and insight into some of the most fundamental principles used in criminal justice today. Additionally, the constitutional guidelines are emphasized in a simplistic approach that makes difficult concepts accessible and coherent for both students and/or law enforcement professionals. The text provides a comprehensive, engaging, and succinct coverage of the vast areas surrounding the criminal justice system, and provides a balanced approach to everyday issues that invariably affect law enforcement professionals.
CHAPTER 1: Evolution of Crime and Punishment
History of Medieval Punishment
Medieval Forms of Shame and Punishment Used in Europe in the Middle Ages
Brutal Punishments of the Middle Ages
Exposure
Breast Rippers
Foot Roasting
The Knee Splitter
The Rack
Toe Wedging
Thumbscrews
Heretic’s Fork
Rodents
Witchcraft
The Pear of Anguish
The Guillotine
Boiling Water
Drunkard’s Cloak
Branding Irons
Chastity Belts
Coffin Torture
Punishments of Shame and Humiliation
Baker’s Baptism
Neck Violin
Creating Criminal Justice
Decline of Routine Torture
Contemporary Criminal Justice System
Crime Control Perspectives
Age of Punishment
Eras of Punishment in the United States
Penitentiary
Reform
Industry
Rehabilitation
Retribution
Reentry
CHAPTER 2: Criminology
Criminology
Introduction
Religion
Paradigms
Psychological Criminologists
Unconscious Mind Theory
Behavioral Theory
Learning Theory
Choice Theory
Religious Upbringing
Biology
Phrenology
Atavisms
Twins
Adoption
Psychophysiology
Brain Imaging
Birth Complications
Nutrition
Policy Implications
Personality
Sociological Theories
Social Structure Theory
Racial Inequality
Social Process Theory
Family Dynamics
Social Learning Theory
Social Control Theory
Social Reaction Theory
CHAPTER 3: The Creation of American Policing
History of Policing
London’s Metropolitan Police Department
Early Law Enforcement Efforts in America
Early Police Departments
Historical Era of Policing in America
Criminal Justice System
Law Enforcement
The United States Justice Department
Courts
Corrections
CHAPTER 4: Ethical Issues in Criminal Justice
Police and Education
Minorities in Policing
Female Police Officers
Police Misconduct
Moral Judgments
Police Brutality
Police Culture
Public Trust and Priority
Police Misconduct
Types of Police Corruption
Gratuities
Kickbacks
Drug Testing
Sexual Misconduct
Excessive Force/Disproportional Use of Force
Mistakes in Policing
Individual Explanations
Morality and the Law
Values vs. Morals
Serpico
Falsifying Evidence
The Fear System
Police Discretion
A Burdensome Occupation
The Knapp Commission
Significant Court Cases Involving Police Use of Force
CHAPTER 5: Criminal Law
Criminal Law
Supremacy Clause
Criminal Responsibility
Criminal Complaint
History of Criminal Law
English Common Law
American Common Law
Nature of Criminal Law
Categories of Crimes
Classification of a Crime
Proving Elements of a Crime
Specific Intent Crimes
Crimes against Property
Larceny 89 Robbery
Embezzlement
False pretenses and larceny by trick
Receiving stolen property
Inchoate Offenses
Definition
Solicitation
Attempt
Conspiracy
Crimes Against People
Assault
First degree murder
Voluntary manslaughter
Defenses to Specific Intent Crimes
Competency
Insanity
M’Naghten test
Irresistible impulse test
Durham rule
Diminished capacity
Intoxication
Infancy
Self-defense
Necessity
Duress
Entrapment
Mistakes
General Intent Crimes
General Intent Crimes against a Dwelling
Burglary
Arson
Homicide (unintentional killings)
General Intent Crimes against A Person
Battery
Mayhem
Kidnapping
Rape
Bigamy
Incest
Defenses to General Intent Crimes
Strict Liability Crimes
Introduction
Defenses to Strict Liability Crimes
Chapter 6: The Law of Search and Seizure
Police and the Courts
Fourth Amendment (U.S. Constitution)
Is There a Reasonable Expectation of Privacy?
Rise of the Fourth Amendment
Administrative Inspections and Regulatory Searches
Vehicle Checkpoints
Arrest Warrants
Arrest
Probable Cause
Warrantless Arrests
Search of Students
Drug Testing
Garbage
Network Surveillance
Emails
Electronic Surveillance (Pen Registers)
Parolees
GPS Tracking Devices
Abandoned Property
Private Party Searches
Canine Sniffs
Knock and Announce
Search and Seizure
Warrant Requirements
General Language in the Warrant
Good-Faith Exception
Administrative Errors
Probable Cause
Informants
Undercover Law Enforcement Officers and Confidential Informants
Entrapment
Warrantless Searches and Arrests
Search Incident to a Lawful Arrest
Inventories of Arrestees
Automobile Searches
Motor Homes
Automobile Trunks
Pretext Stops/Roadblock Searches
Bus Sweeps (Common Carrier/Passenger)
Automobile Inventories
Plain View
Open Fields Doctrines
Surveillance
Enhancing the Senses
Consent Searches
Third-Party Consent
Undercover Agents and the Scope of Consent
Stop and Frisk
Hot Pursuit/Exigent Circumstances
The Exclusionary Rule
Pros and Cons of the Exclusionary Rule
Illegally Seized Evidence by Parole Officers
Evidence Obtained by Private Persons, and Used in Criminal Proceedings
Private Police
Fruit of the Poisonous Tree
Inevitable Discovery
CHAPTER 7: Custodial Interrogations
The History of Interrogation
Introduction
The Third Degree
Physically Abusing the Suspect
Police Professionalism and the Rise of the Interrogation Manual
Evolution of Coercion
Modern Tactics Used in Interrogation
Delaying the Interview
Lie Detector Tests
Judicial Discretion in Evaluating Confessions
Fifth Amendment of the Constitution
The Miranda Warnings
The Miranda Case
Custodial Interrogations
Confessions
Public Safety Exception
When Must an Interrogation Cease?
Interrogation of Minors
Questions Concerning Public Safety
Conversations Likely to Illicit an Incriminating Response
Recorded Conversations
Interceptions of Electronic Communications
Coerced Confessions
Police Deception
Fruit of the Poisonous Tree Doctrine
Right to Counsel
Re-initiation of Interrogation after Right to Counsel Is Invoked
Waiver of Fifth Amendment Rights
Written Statements to Third Parties
Failure to Notify a Suspect That an Attorney Has Been Retained on His Behalf
Reasonable Expectations of Privacy in Personal Computers on a University Network
University Computer Networks
World Wide Web Postings
Rights in Content Information
Postal Mail Privacy
History of Telephone Privacy
Pager Communications and Text Message Privacy
Rights in Noncontent Information
Pen Registers
Mail Covers and Postal Mail Privacy
Stored Account Records
Statutory Privacy Laws
The Wiretap Act
The Due Process “Voluntariness” Test
Shortcomings of the “Voluntariness Test”
Double Jeopardy
CHAPTER 8: Pretrial Motions
Identifications
Showups
Photo Id
Safeguards Against Misidentification
Arrests
Indictments
Preliminary Hearings
Grand Jury Hearings
Sixth Amendment Right to a Speedy Trial
Sixth Amendment Right to Counsel
Right to Counsel Waiver
Ineffective Assistance of Counsel
Right to a Jury Trial
Right of Confrontation
Right of Compulsory Process
Introduction
Identification Procedures
What Factors Influence Eyewitnesses to Identify the Wrong Person?
Introduction to the Pretrial Process
Right to Counsel
Formal Charging Process
Bail
Excessive Bail
Jurisdiction of Crimes
Arraignment
Amendments
Guilty Pleas
Guilty Plea Withdrawal
Plea Bargain
Jury Selection
CHAPTER 9: Laws of Evidence
Relevance
Logical Relevance
Similar Occurrences
Character Evidence
Testimonial Evidence
Impeachment
Forms of Impeachment
Opinion Testimony
Expert Testimony
Hearsay
Hearsay Exceptions
Hearsay Exceptions Requiring Unavailability
Writings
Best Evidence Rule
Duplicates
Public Records
Summaries
Testimony or Written Admission of Party
Privileges
Attorney/Client Privileges
Doctor/Patient Privilege
Spousal Privilege
Marital Communications Privilege
Religious Privilege
Political Vote Privilege
Identity of Informer
Executive Privilege
Journalist Privilege
Waiver of Privilege
Claim of Privilege
CHAPTER 10: The Courts and Judiciary
The Courthouse
Introduction
Judicial Responsibilities
Courtroom Clerks
Uniformed Officers
Court Reporters
Court Interpreters
Jurors
Attorneys
Prosecution and Defense
Prosecutors and Technological Advances in the Court
Pro Bono Representation
Reasonable Competence Standard
U.S. Courts
State Courts
Federal Courts
The Judiciary
Judicial Selection
Restorative Justice
Defendants, Victims, and Witnesses
CHAPTER 11: Juvenile Justice
History
Juvenile Facilities
Female Youth
Early Juvenile Courts
Constitutional Rights of Juveniles
History of Juvenile Justice
Juvenile Justice Today
Interrogation of Minor Children
Juvenile Interrogation
Privilege against Self-Incrimination
Requests for Probation Officer during Interrogation
Due Process Rights of Minor Children
“Guilty” by a Preponderance of the Evidence
Right to a Jury Trial for Juveniles
Juvenile Waivers of Miranda Warnings
Warrantless Searches of Juveniles
Pretrial Detention of Juvenile Defendants
Mandatory Drug Testing for Student Athletes
Unreasonable Searches and Seizures of Juveniles
Life Imprisonment without the Possibility of Parole for Juveniles
Double Jeopardy in Juvenile Proceedings
Capital Punishment for Minor Children
Publication of Juvenile Information
CHAPTER 12: Sentencing
Introduction
Eighth Amendment
Three Strikes Laws
Sentencing Procedures
Incarceration
Jails vs. Prisons
Determinate vs. Indeterminate Sentences
Concurrent vs. Consecutive Sentencing
Pretrial Detention
Court Ordered Fines
Probation
Community Service
Drug Courts
Injection
Death by Hanging
Gas Chamber
Electric Chair
Firing Squad
Preconscious Fear Deterrence
Cruel and Unusual Punishment
The Deterrent Effect
Myths about the Death Penalty
Cost Effectiveness
Alternatives to Capital Punishment
Does the Death Penalty Constitutionally Deter Crime?
Is the Death Penalty a Constitutional Form of Execution in the United States Today?
Does the Death Penalty Effectively Deter Crime?
The Lack of Funding
The Decision to either Use or Abolish the Death Penalty Rests with the Individual States
Conclusion
CHAPTER 13: Corrections
Alternatives to Incarceration
Shock Incarceration
Boot Camps
Split Sentences
Intensive Supervision
Electronic Monitoring
Day Reporting
Monetary
Technology
Due Process, Crime Control, and Community Supervision
Correctional System
Inmate Incarceration
Inmate Culture
Inmate Attitudes
Prison Subculture
Female Prisons
Prison Sexual Assault
Vocational Rehabilitation
Prison Industry
Rehabilitation
Prisoner’s Legal Rights
Substantive Rights
Religious Freedom
Medical Rights
Economics of Incarceration
Parole
Economics of Imprisonment
Jails
New-Generation Jails
Prison Population
HIV Inmates
Substance Abuse
Older Inmates
CHAPTER 14: Freedom of Speech and Cybercrime
First Amendment Protections
Time, Place, and Manner Restrictions
Jails
Pre-Trial Publicity
Closed Trials
Journalist Privilege
Prison Security Interests
Regulation of Unprotected Expression
Clear and Present Danger
Fighting Words
Obscenity
Literary
Artistic
Political
Scientific
Commercial Speech
Defamation
Kid Porn
Cybercrime
Email
Online Shopping
Accountability
Identity Theft
Etailing Fraud
Pornography
Cybervandalism
Web Defacement
Trojan Horses
Denial-of-Services Attack
Cyberbullying
Cyberwarfare
Costs of Cybercrime
Predicting Future Crimes
Developments in Criminal Justice
Federalism
Private Programs
Glossary
New Fourth Edition Now Available!
Fundamental Concepts in Criminal Justice is an introductory textbook that provides students with a vast amount of subject matter that is both relevant and foundational to the criminal justice discipline. These topics include, but are not limited to the following areas: Evolution of Crime and Punishment; Ethical Issues in Criminal Justice; Criminal Law; Criminal Procedure; Courts and the Judiciary; and Juvenile Justice. The subject matter organizes a unique approach to key concepts, and is designed to give students clarity and insight into some of the most fundamental principles used in criminal justice today. Additionally, the constitutional guidelines are emphasized in a simplistic approach that makes difficult concepts accessible and coherent for both students and/or law enforcement professionals. The text provides a comprehensive, engaging, and succinct coverage of the vast areas surrounding the criminal justice system, and provides a balanced approach to everyday issues that invariably affect law enforcement professionals.
CHAPTER 1: Evolution of Crime and Punishment
History of Medieval Punishment
Medieval Forms of Shame and Punishment Used in Europe in the Middle Ages
Brutal Punishments of the Middle Ages
Exposure
Breast Rippers
Foot Roasting
The Knee Splitter
The Rack
Toe Wedging
Thumbscrews
Heretic’s Fork
Rodents
Witchcraft
The Pear of Anguish
The Guillotine
Boiling Water
Drunkard’s Cloak
Branding Irons
Chastity Belts
Coffin Torture
Punishments of Shame and Humiliation
Baker’s Baptism
Neck Violin
Creating Criminal Justice
Decline of Routine Torture
Contemporary Criminal Justice System
Crime Control Perspectives
Age of Punishment
Eras of Punishment in the United States
Penitentiary
Reform
Industry
Rehabilitation
Retribution
Reentry
CHAPTER 2: Criminology
Criminology
Introduction
Religion
Paradigms
Psychological Criminologists
Unconscious Mind Theory
Behavioral Theory
Learning Theory
Choice Theory
Religious Upbringing
Biology
Phrenology
Atavisms
Twins
Adoption
Psychophysiology
Brain Imaging
Birth Complications
Nutrition
Policy Implications
Personality
Sociological Theories
Social Structure Theory
Racial Inequality
Social Process Theory
Family Dynamics
Social Learning Theory
Social Control Theory
Social Reaction Theory
CHAPTER 3: The Creation of American Policing
History of Policing
London’s Metropolitan Police Department
Early Law Enforcement Efforts in America
Early Police Departments
Historical Era of Policing in America
Criminal Justice System
Law Enforcement
The United States Justice Department
Courts
Corrections
CHAPTER 4: Ethical Issues in Criminal Justice
Police and Education
Minorities in Policing
Female Police Officers
Police Misconduct
Moral Judgments
Police Brutality
Police Culture
Public Trust and Priority
Police Misconduct
Types of Police Corruption
Gratuities
Kickbacks
Drug Testing
Sexual Misconduct
Excessive Force/Disproportional Use of Force
Mistakes in Policing
Individual Explanations
Morality and the Law
Values vs. Morals
Serpico
Falsifying Evidence
The Fear System
Police Discretion
A Burdensome Occupation
The Knapp Commission
Significant Court Cases Involving Police Use of Force
CHAPTER 5: Criminal Law
Criminal Law
Supremacy Clause
Criminal Responsibility
Criminal Complaint
History of Criminal Law
English Common Law
American Common Law
Nature of Criminal Law
Categories of Crimes
Classification of a Crime
Proving Elements of a Crime
Specific Intent Crimes
Crimes against Property
Larceny 89 Robbery
Embezzlement
False pretenses and larceny by trick
Receiving stolen property
Inchoate Offenses
Definition
Solicitation
Attempt
Conspiracy
Crimes Against People
Assault
First degree murder
Voluntary manslaughter
Defenses to Specific Intent Crimes
Competency
Insanity
M’Naghten test
Irresistible impulse test
Durham rule
Diminished capacity
Intoxication
Infancy
Self-defense
Necessity
Duress
Entrapment
Mistakes
General Intent Crimes
General Intent Crimes against a Dwelling
Burglary
Arson
Homicide (unintentional killings)
General Intent Crimes against A Person
Battery
Mayhem
Kidnapping
Rape
Bigamy
Incest
Defenses to General Intent Crimes
Strict Liability Crimes
Introduction
Defenses to Strict Liability Crimes
Chapter 6: The Law of Search and Seizure
Police and the Courts
Fourth Amendment (U.S. Constitution)
Is There a Reasonable Expectation of Privacy?
Rise of the Fourth Amendment
Administrative Inspections and Regulatory Searches
Vehicle Checkpoints
Arrest Warrants
Arrest
Probable Cause
Warrantless Arrests
Search of Students
Drug Testing
Garbage
Network Surveillance
Emails
Electronic Surveillance (Pen Registers)
Parolees
GPS Tracking Devices
Abandoned Property
Private Party Searches
Canine Sniffs
Knock and Announce
Search and Seizure
Warrant Requirements
General Language in the Warrant
Good-Faith Exception
Administrative Errors
Probable Cause
Informants
Undercover Law Enforcement Officers and Confidential Informants
Entrapment
Warrantless Searches and Arrests
Search Incident to a Lawful Arrest
Inventories of Arrestees
Automobile Searches
Motor Homes
Automobile Trunks
Pretext Stops/Roadblock Searches
Bus Sweeps (Common Carrier/Passenger)
Automobile Inventories
Plain View
Open Fields Doctrines
Surveillance
Enhancing the Senses
Consent Searches
Third-Party Consent
Undercover Agents and the Scope of Consent
Stop and Frisk
Hot Pursuit/Exigent Circumstances
The Exclusionary Rule
Pros and Cons of the Exclusionary Rule
Illegally Seized Evidence by Parole Officers
Evidence Obtained by Private Persons, and Used in Criminal Proceedings
Private Police
Fruit of the Poisonous Tree
Inevitable Discovery
CHAPTER 7: Custodial Interrogations
The History of Interrogation
Introduction
The Third Degree
Physically Abusing the Suspect
Police Professionalism and the Rise of the Interrogation Manual
Evolution of Coercion
Modern Tactics Used in Interrogation
Delaying the Interview
Lie Detector Tests
Judicial Discretion in Evaluating Confessions
Fifth Amendment of the Constitution
The Miranda Warnings
The Miranda Case
Custodial Interrogations
Confessions
Public Safety Exception
When Must an Interrogation Cease?
Interrogation of Minors
Questions Concerning Public Safety
Conversations Likely to Illicit an Incriminating Response
Recorded Conversations
Interceptions of Electronic Communications
Coerced Confessions
Police Deception
Fruit of the Poisonous Tree Doctrine
Right to Counsel
Re-initiation of Interrogation after Right to Counsel Is Invoked
Waiver of Fifth Amendment Rights
Written Statements to Third Parties
Failure to Notify a Suspect That an Attorney Has Been Retained on His Behalf
Reasonable Expectations of Privacy in Personal Computers on a University Network
University Computer Networks
World Wide Web Postings
Rights in Content Information
Postal Mail Privacy
History of Telephone Privacy
Pager Communications and Text Message Privacy
Rights in Noncontent Information
Pen Registers
Mail Covers and Postal Mail Privacy
Stored Account Records
Statutory Privacy Laws
The Wiretap Act
The Due Process “Voluntariness” Test
Shortcomings of the “Voluntariness Test”
Double Jeopardy
CHAPTER 8: Pretrial Motions
Identifications
Showups
Photo Id
Safeguards Against Misidentification
Arrests
Indictments
Preliminary Hearings
Grand Jury Hearings
Sixth Amendment Right to a Speedy Trial
Sixth Amendment Right to Counsel
Right to Counsel Waiver
Ineffective Assistance of Counsel
Right to a Jury Trial
Right of Confrontation
Right of Compulsory Process
Introduction
Identification Procedures
What Factors Influence Eyewitnesses to Identify the Wrong Person?
Introduction to the Pretrial Process
Right to Counsel
Formal Charging Process
Bail
Excessive Bail
Jurisdiction of Crimes
Arraignment
Amendments
Guilty Pleas
Guilty Plea Withdrawal
Plea Bargain
Jury Selection
CHAPTER 9: Laws of Evidence
Relevance
Logical Relevance
Similar Occurrences
Character Evidence
Testimonial Evidence
Impeachment
Forms of Impeachment
Opinion Testimony
Expert Testimony
Hearsay
Hearsay Exceptions
Hearsay Exceptions Requiring Unavailability
Writings
Best Evidence Rule
Duplicates
Public Records
Summaries
Testimony or Written Admission of Party
Privileges
Attorney/Client Privileges
Doctor/Patient Privilege
Spousal Privilege
Marital Communications Privilege
Religious Privilege
Political Vote Privilege
Identity of Informer
Executive Privilege
Journalist Privilege
Waiver of Privilege
Claim of Privilege
CHAPTER 10: The Courts and Judiciary
The Courthouse
Introduction
Judicial Responsibilities
Courtroom Clerks
Uniformed Officers
Court Reporters
Court Interpreters
Jurors
Attorneys
Prosecution and Defense
Prosecutors and Technological Advances in the Court
Pro Bono Representation
Reasonable Competence Standard
U.S. Courts
State Courts
Federal Courts
The Judiciary
Judicial Selection
Restorative Justice
Defendants, Victims, and Witnesses
CHAPTER 11: Juvenile Justice
History
Juvenile Facilities
Female Youth
Early Juvenile Courts
Constitutional Rights of Juveniles
History of Juvenile Justice
Juvenile Justice Today
Interrogation of Minor Children
Juvenile Interrogation
Privilege against Self-Incrimination
Requests for Probation Officer during Interrogation
Due Process Rights of Minor Children
“Guilty” by a Preponderance of the Evidence
Right to a Jury Trial for Juveniles
Juvenile Waivers of Miranda Warnings
Warrantless Searches of Juveniles
Pretrial Detention of Juvenile Defendants
Mandatory Drug Testing for Student Athletes
Unreasonable Searches and Seizures of Juveniles
Life Imprisonment without the Possibility of Parole for Juveniles
Double Jeopardy in Juvenile Proceedings
Capital Punishment for Minor Children
Publication of Juvenile Information
CHAPTER 12: Sentencing
Introduction
Eighth Amendment
Three Strikes Laws
Sentencing Procedures
Incarceration
Jails vs. Prisons
Determinate vs. Indeterminate Sentences
Concurrent vs. Consecutive Sentencing
Pretrial Detention
Court Ordered Fines
Probation
Community Service
Drug Courts
Injection
Death by Hanging
Gas Chamber
Electric Chair
Firing Squad
Preconscious Fear Deterrence
Cruel and Unusual Punishment
The Deterrent Effect
Myths about the Death Penalty
Cost Effectiveness
Alternatives to Capital Punishment
Does the Death Penalty Constitutionally Deter Crime?
Is the Death Penalty a Constitutional Form of Execution in the United States Today?
Does the Death Penalty Effectively Deter Crime?
The Lack of Funding
The Decision to either Use or Abolish the Death Penalty Rests with the Individual States
Conclusion
CHAPTER 13: Corrections
Alternatives to Incarceration
Shock Incarceration
Boot Camps
Split Sentences
Intensive Supervision
Electronic Monitoring
Day Reporting
Monetary
Technology
Due Process, Crime Control, and Community Supervision
Correctional System
Inmate Incarceration
Inmate Culture
Inmate Attitudes
Prison Subculture
Female Prisons
Prison Sexual Assault
Vocational Rehabilitation
Prison Industry
Rehabilitation
Prisoner’s Legal Rights
Substantive Rights
Religious Freedom
Medical Rights
Economics of Incarceration
Parole
Economics of Imprisonment
Jails
New-Generation Jails
Prison Population
HIV Inmates
Substance Abuse
Older Inmates
CHAPTER 14: Freedom of Speech and Cybercrime
First Amendment Protections
Time, Place, and Manner Restrictions
Jails
Pre-Trial Publicity
Closed Trials
Journalist Privilege
Prison Security Interests
Regulation of Unprotected Expression
Clear and Present Danger
Fighting Words
Obscenity
Literary
Artistic
Political
Scientific
Commercial Speech
Defamation
Kid Porn
Cybercrime
Email
Online Shopping
Accountability
Identity Theft
Etailing Fraud
Pornography
Cybervandalism
Web Defacement
Trojan Horses
Denial-of-Services Attack
Cyberbullying
Cyberwarfare
Costs of Cybercrime
Predicting Future Crimes
Developments in Criminal Justice
Federalism
Private Programs
Glossary