Introduction To Criminal Justice: Study Guide

Study Guide
Introduction to
Criminal Justice
By
George E. Guay III
About the Author

George E. Guay III received a bachelor of arts degree from the
University of Vermont and a juris doctor from Western New
England College School of Law.
Since 1989, Attorney Guay has taught over 30 subjects in criminal
justice topicssuch as community-based corrections, issues in
criminal justice, correctional institutions, and juvenile justice
administrationat 17 colleges. He has also taught online classes
at four colleges in community policing, comparative legal systems,
and federal law enforcement.
Attorney Guay worked in the Commonwealth of Massachusetts
Office of Public Welfare and the Office of the Attorney General. He
currently practices law as an associate at two small law firms in
Massachusetts.
All terms mentioned in this text that are known to be trademarks or service marks
have been appropriately capitalized. Use of a term in this text should not be
regarded as affecting the validity of any trademark or service mark.
Copyright 2010 by Penn Foster, Inc.

All rights reserved. No part of the material protected by this copyright may be
reproduced or utilized in any form or by any means, electronic or mechanical,
including photocopying, recording, or by any information storage and retrieval
system, without permission in writing from the copyright owner.
Requests for permission to make copies of any part of the work should be
mailed to Copyright Permissions, Penn Foster, 925 Oak Street, Scranton,
Pennsylvania 18515.
Printed in the United States of America
LESSON ASSIGNMENTS
LESSON 1: THE FOUNDATIONS OF

CRIMINAL JUSTICE
EXAMINATIONLESSON 1
31
LESSON 2: LAW ENFORCEMENT
35
EXAMINATIONLESSON 2
51
LESSON 3: THE COURTS
55
EXAMINATIONLESSON 3
79
LESSON 4: CORRECTIONS
83
EXAMINATIONLESSON 4
99
LESSON 5: ADDITIONAL ISSUES IN

CRIMINAL JUSTICE
103
EXAMINATIONLESSON 5
113
SELF-CHECK ANSWERS
117
Contents
INSTRUCTIONS TO STUDENTS
iii
YOUR COURSE
This course is based on the textbook Introduction to Criminal

Justice, Fifth Edition, by Robert M. Bohm and Keith N. Haley.
This study guide contains additional information and illustrations that pertain to the topics in your lessons, as well
as highlights of important points from your textbook. Selfchecks to measure your understanding of each lesson are
included, along with their answers.
The course material consists of a study guide, divided into
five lessons. Each lesson is broken up into assignments. Each
assignment covers a specific topic or topics. The study material
for your course consists of
1. The textbook, Introduction to Criminal Justice
2. This study guide, which contains
Additional information and illustrations that pertain

to the topics in your lessons
Self-checks to measure your understanding of each

lesson, as well as the answers to the self-checks
Lesson examinations to be submitted for grading
OBJECTIVES
When you complete this course, youll be able to
Name and discuss the components of the criminal

justice system
Discuss the nature of crime and victimization
Analyze substantive and procedural criminal law
Review the history of police in society
Explain the organization, role, and function of police
I ns tructions
truction s
Welcome to Introduction to Criminal Justice. Criminal justice

involves the fundamental tension between public safety and
individual rights. This course is designed to assist you as
you begin your study of the exciting field of criminal justice.
Discuss issues in policing
Name and discuss the laws that balance law

enforcements needs to collect evidence and the
constitutional rights of citizens
Discuss the role of judges, prosecutors, and defense

attorneys during pretrial and trial proceedings
Detail the goals of punishment and sentencing
Discuss noncustodial sanctions, such as probation

and intermediate sanctions
Describe the role that correctional institutions have

fulfilled, their design, the people who live there, and the
difficulties encountered when leaving the structured
environment of prison
Discuss what society has done when dealing with

issues of juvenile justice
YOUR TEXTBOOK
Your textbook, Introduction to Criminal Justice, contains
the bulk of the material upon which your examinations
will be based, so its important that you read it carefully
and completely. Your textbook material is broken down into
lessons. The pages for each lesson are clearly indicated in
this study guide.
Your textbook contains many features that make your study
easy, including the following:
The brief contents, on page vii, and the contents, on

pages viiixii, which indicate the breakdown of topics
A constitutional issues guide on page xxi, which will be

useful as you study other parts of the textbook
The body of the text, which includes 14 chapters.

Each chapter contains
A chapter outline and a list of objectives
Links to useful sites on the Internet
Instructions to Students
At the end of each chapter, youll find
A summary
A list of key terms
Review questions
In the Field exercises
A glossary of terms, beginning on page G-1, which

provides definitions of the most common terms
Links to Internet information sources
Two indexes, beginning on page I-1, the first organized

by case and the second organized by subject, which
you can use to easily find information on any topic in
your textbook
A STUDY PLAN
This course divides the material to be covered into five lessons.
Each lesson is divided into assignments to make your learning
more manageable. Each assignment includes a reading from
your textbook and a supplementary assignment in this study
guide. For most assignments, there are self-check questions
to check your understanding of what youve learned. Be sure
to complete all of the work in each lesson before moving on
to the next. Youll find this easy to do if you follow the study
plan outlined below.
1. Read the instructions to each assignment in this study
guide. The instructions will tell you the pages in your
textbook that youll be reading.
2. Read the assigned pages in this study guide.
3. Quickly read the assigned pages in your textbook. This
is called skimming, and its a learning technique you
should use to get a general idea of the topics covered
in that part of the text.
4. Go back and slowly read the assigned textbook pages
again. Start by noting the Chapter Objectives for the
material. Pay careful attention to what youre reading,
referring back to the Chapter Objectives and considering
how the material relates to them. Focus on definitions
and main concepts.
5. When youve finished the assignment, complete the selfcheck, which youll also find in this study guide. The
self-checks are based on both your textbook and this
study guide. The self-checks are for your use onlythey
arent graded. Dont send your answers to the school.
6. Once youve completed a self-check, turn to the answers
provided at the back of this study guide. The self-checks
are designed to show you how well you understand the
material, so test yourself honestly. Make every effort to
complete the questions before turning to the answers at
the back of this study guide. If you find any weak areas
in your knowledge, go back and review the relevant
material until you understand it.
7. Follow this procedure for the next assignments, until
youve completed the lesson.
8. Youll find many interesting questions raised within
each chapter of the textbook. Some of the questions are
entitled Criminal Justice On-line, some are entitled
Photo Caption, and others Critical Thinking. Youll
find possible answers to these questions as well as
answers to the Review Questions and the Critical
Thinking Exercises online. Log onto the Student area at
www.pennfoster.edu and go to My Courses. Look
for the answers link associated with your course.
9. When youre confident that you understand all the
assigned material within a lesson, complete the lesson
examination provided in this study guide. The examination
is based on both your textbook and this study guide.
10. Repeat steps 19 for the remaining lessons in this
study guide.
If you have any questions, e-mail your instructor.
Now review the lesson assignments; then begin your study
of criminal justice with the first assignment of Lesson 1.
Enjoy your studies!
Lesson 1: The Foundations of Criminal Justice

Read in the
study guide:
Read in
the textbook:
Assignment 1
Pages 812
Pages 324
Assignment 2
Pages 1218
Pages 2757
Assignment 3
Pages 1923
Pages 5994
Assignment 4
Pages 2430
Pages 97134
Examination 40632600
Material in Lesson 1
Lesson 2: Law Enforcement

For:
Read in the
study guide:
Read in
the textbook:
Assignment 5
Pages 3541
Pages 137177
Assignment 6
Pages 4245
Pages 179217
Assignment 7
Pages 4649
Pages 219251
Lesson 3: The Courts

For:
Read in the
study guide:
Read in
the textbook:
Assignment 8
Pages 5671
Pages 255302
Assignment 9
Pages 7278
Pages 305338
Lesson 4: Corrections
For:
Read in the
study guide:
Read in
the textbook:
Assignment 10
Pages 8488
Pages 341388
Assignment 11
Pages 8993
Pages 391417
Assignment 12
Pages 9498
Pages 419462
A s s ignment
ignmen tss
For:
Lesson 5: Additional Issues in Criminal Justice

For:
Read in the
study guide:
Read in
the textbook:
Assignment 13
Pages 103108
Pages 465504
Assignment 14
Pages 109111
Pages 507543
Lesson Assignments
Criminal justice involves the fundamental tension between

public safety and individual rights. The concept of criminal
justice involves formal and informal methods for resolving
problems of crime, reflecting different perspectives on the
nature of crime. By measuring crime and victimization, a
society can get a better sense of the impact that crime has
on a society. Even so, no single, clear theory accounts for
criminal behavior or victimization. A society, however, still
needs to define what it considers to be a crime, and how to
go about determining whether a defendant is guilty.
LEARNING OBJECTIVES
When you complete this lesson, youll be able to
Discuss the contemporary criminal justice system
Examine the contrast between the formal and informal

criminal justice perspectives
Analyze the different perspectives on criminal justice,

especially regarding terrorism and cybercrime
Explain measuring crimes in the context of how crime

is reported
Discuss what patterns or trends of criminal behavior

have developed and how those might change
Study the dramatically different theories that try to

account for why crimes happen, including biological,
psychological, and sociological theories
Review theories of victimization
Discover the historical development of criminal law
Name and explain the sources of criminal law
Weigh the issue of criminal responsibility
Lesson 1
The Foundations of
Criminal Justice
ASSIGNMENT 1CRIME AND

JUSTICE IN THE UNITED STATES
Read this assignment. Then read pages 324 in your textbook.
The Criminal Justice System

The study of criminal justice is the study of crime and society.
Criminal justice is the system of law enforcement, judiciary,
corrections, and probation thats directly involved in the
apprehension, prosecution, defense, sentencing, incarceration,
and supervision of people suspected of or guilty of criminal
offenses. A formal and well-defined process has arisen to
manage criminal behavior. That process defines those agents
of society involved in responding to crimedetermining
whether a crime has occurred, who might have committed
the crime, and what should be done if a person is charged
with a crime.
The criminal justice system has three parts:
1. The police investigate crimes and apprehend suspects.
2. The courts (judiciary) determine whether suspects are
guilty or not and decide the punishment for the guilty.
3. Corrections (prisons, probation, and so on) is responsible
for punishment and rehabilitation of the guilty.
Crimes
There are also different levels of crimesfelonies, which
are considered major crimes (robbery, murder, and so on)
and misdemeanors, which are considered relatively minor
(shoplifting, speeding, and so on). People accused of felonies
are more likely to go through the whole criminal justice
processarrest, trial, and incarcerationthan are people
accused of misdemeanors, who are more likely to make a
deal with the prosecutor and pay a fine. Some felonies are
considered more major than others, though, and get more
serious attention from police and prosecutors.
Introduction to Criminal Justice
Perspectives on Crime
The two models of criminal justice discussed in your textbook
are the crime control model and the due process model. The
primary objective of crime control is efficiency. Theres an
unspoken presumption that a suspect is guilty. Since crime,
and societys response to crime, touches on significant aspects
of society, different perspectives on crime have developed.
Some believe that crime needs to be contained by creating
laws and policies to improve public safety. Harsh punishments are seen as a deterrent against crime in the crime
control perspective. The idea is that people commit crimes
because they dont feel afraid of the consequences of crime,
and that giving long prison sentences and inflicting the death
penalty more often will change this.
With the due process model, that presumption doesnt exist.
In fact, the rights of the accused are considered sacrosanct.
It deems that it may be better to let the guilty go free rather
than violate his or her rights. The due process perspective on
crime requires that everyone receive fair and consistent treatment under the law. Advocates of the due process perspective
point out that innocent people have been convicted of crimes
and that the power of the state cant be matched by any but
the wealthiest individuals. This perspective has gained favor
in recent years as more and more long-time convicts have
been proven innocent by DNA and other modern scientific
procedures. Although the instances where a guilty person
goes free because of a legal technicality are frustrating to the
public, occasional frustration is better than allowing the
rights of innocent citizens to be trampled in the cause of
crime fighting.
Some subsets of these models include the following.
Rehabilitation
Others believe that people commit crimes because they lack
opportunity in life, and seek to provide offenders with the
means to become contributors to society. The goal of the
criminal justice system from the rehabilitation perspective is to
help people in the justice system learn to support themselves
through legal means. Those who believe in rehabilitation
Lesson 1
feel that simply locking criminals away for longer and longer
periods of time does nothing to address the underlying causes
of criminal behavior, and can even turn petty opportunistic
offenders into hardened career criminals.
Nonintervention
The nonintervention perspective holds that, especially for
minor and nonviolent crimes, people shouldnt be stigmatized
with the criminal label. Rather than going to prison, they
should be treated in community-based programs. Certain
crimes should no longer even be crimes, since their impact
on others is minor.
Justice
Judicial discretion
means that judges
have the ability to
make decisions about
sentencing in each
individual case, and
can take into account
any special circumstances in making the
sentence longer or
shorter than usual.
From the justice perspective, everyone should be treated

equally by the law. This notion has led to mandatory sentences, which are often longer than a defendant would
receive under the system of judicial discretion. The justice
perspective also holds that the correctional system exists
for punishment, not rehabilitation.
Restorative Justice
From the restorative justice perspective, the purpose of
the criminal justice system is to promote peace in society.
Punishing offenders through violencepursuit, prison, and
especially the death penaltyonly sets a bad example for
individuals and tends to lead to more individual violence.
People who commit crimes need help, not further disadvantages. Making amends to society through community service
and victim restitution is more important than punishment.
Perspectives in Action: Terrorism

A significant issue for society involves the impact of terrorism.
One response to terrorism involves law enforcers trying to
control terrorist crime by realigning their resources to deal
effectively with future terrorist attacks. The war on terrorism
has also led to issuing harsher punishments. Responding to
terrorist crimes means trying to balance the publics interest in
10
safety with an interest in due process and the rights of the

accused terrorist. Youll be reading about the responses of
police, courts, and corrections throughout your textbook.
As youve probably noticed, there are elements of all of these
perspectives in our criminal justice system today. Greater
interest has also developed recently in recognizing how victims
disproportionately bear the consequences of crime and how to
respond to their specific needs.
Now that youve studied the material for Assignment 1,
please take a moment to complete Self-Check 1.
Self-Check 1
At the end of each assignment in Introduction to Criminal Justice, youll be asked to pause
and check your understanding of what youve just read by completing a Self-Check.
Writing the answers to these questions will help you review what youve studied so far.
Please complete Self-Check 1 now.
1. Describe the due process model of criminal justice.
__________________________________________________________
2. Describe the crime control model of criminal justice.
__________________________________________________________
3. How does the media shape the publics perception of crime in the United States?
__________________________________________________________
4. What are the three components of the criminal justice system?
__________________________________________________________
(Continued)
Lesson 1
11
Self-Check 1
5. Define the term jurisdiction.
__________________________________________________________
6. What is the institution of social control?
__________________________________________________________
7. What is a bench trial?
__________________________________________________________
8. Define parole.
__________________________________________________________
9. What percentage of all government spending is devoted to criminal justice?
__________________________________________________________
10. What is trial by ordeal?
__________________________________________________________
Check your answers with those on page 117.
ASSIGNMENT 2CRIME AND ITS

CONSEQUENCES
What Is Crime?
To respond effectively to crime, society needs to know what
kind of criminal activity exists. However, before crime rates can
be measured, its important to have some kind of consensus on
12
what constitutes a crime. Although scholars argue about the

nature and meaning of crime, in general and for purposes
of this course, crime is an act that, because its destructive,
antisocial, or contrary to public sentiment, has been prohibited
by law.
Elements of a Crime
In general, a crime consists of a physical act (the actus reus)
as well as the intent to commit that act (mens rea). The intent
element usually must consist of both the conscious intent to
act and the knowledge that the act is wrong. Certain crimes
dont require the intent to violate the lawthese are called
strict liability crimes. In other words, if the act is committed,
its a crime whether it was intentional or not.
Defenses against Criminal

Responsibility
The philosophy of our legal system presumes that people
make choices. To discourage people from choosing to commit
a crime, society imposes penalties. Society recognizes that
people may not always be able to make choices, such as when
judgment is impaired by mental illness or the individuals are
too young to understand the consequences of their actions.
Insanity
Insanity isnt a medical term; rather, its a legal definition
that varies between jurisdictions. There are several tests
that may be used to determine if legal insanity exists.
MNaghten ruleThe defendant was unable to distinguish

between right and wrong at the time of the crime.
Irresistible impulse testMental disease made it impossible

for the defendant to control his or her actions, despite
knowing right from wrong.
Substantial capacityThe defendant lacked the competence to appreciate the criminality of his or her actions
because of mental disease.
Lesson 1
13
The idea of the insanity defense has been controversial for

years. Part of the problem is that the terms mental disease
and mental defect are very hard to define precisely, leading
to abuses of the defense. Another problem is that violent
people can wind up sent to a hospital rather than prison
and often are released after being cured, only to commit
more crimes.
Age
Under common law, children under the age of 7 are incapable
of understanding the consequences of their behavior. Between
the ages of 7 and 14, theres a reliable presumption of
incapacitythat is, children are presumed to be incapable of
understanding, but it can be proved that they do in fact understand the consequences of their actions. Over the age of 14,
children are presumed to be able to understand consequences,
and therefore age is no defense. These age limits vary under
statutory law, but in general theyre similaryounger children
are considered less responsible than older children.
Justification and Excuse

Society also excuses certain otherwise criminal activities.
These defenses include consent, entrapment, and necessity,
among many others.
Consent isnt a defense to all crimes, only crimes where the
victims lack of consent is part of the crime. Rape and larceny
are crimes that require that the act was done against the
victims will. If a person gave something to someone, then
changed his or her mind, the person who received the property
cant be charged with larceny. The important factor is that
consent was given at the time of the supposed crime. In the
previous example, if the person changed his or her mind
before giving the property away, but the defendant took it
anyway, then larceny has occurred.
Self-defense is an excuse when a person committing a
violent act reasonably believed he or she was in immediate
danger. The reasonableness of the defendants fear is the
key element, and will vary depending on the circumstances
and the jury.
14
Entrapment is a defense when, rather than simply giving the

defendant the chance to commit a crime, government officers
induce the crime. An element of the entrapment defense is the
defendants predisposition to crime. If the defendant has never
been arrested and is induced by an undercover officer to
commit a crime, the entrapment defense is likely to succeed.
However, if the defendant has been arrested before for a
similar crimesuch as selling drugsand an officer buys
drugs from her and then arrests her, the entrapment defense
isnt likely to succeed.
Measuring Crime
Surveys that ask people about their experiencesas both
victims and perpetratorsare one way to measure crime.
But people may hesitate to report that theyve been victims,
out of privacy concerns or because of shame. This is especially true when it comes to crimes like rape and domestic
abuse. People might also inflate their involvement in crime,
because of a desire to brag or seem important. Others
underreport their participation in crime for fear that anything that they report could be used against them.
Data from records, interviews, and observations can provide
a different perspective on instances and measures of crime.
Arrest records provide a very concrete measurement of the
occurrence of crime. However, such records dont report the
resolution of the matter, and may focus only on certain highprofile, well-known types of crime. They also dont address
the many crimes that dont lead to an arresteither because
theyre never solved or because they arent reported to begin
with. While this data may be the basis for generating national
crime statistics, the fact that local law enforcement voluntarily
reports the information may mean that the statistics are
downplayed to reflect well on the departments effectiveness.
Lesson 1
15
Crime Trends
Interpreting crime data may provide a sense of crime trends.
Crime statistics relating to economic conditions, age, socioeconomic status, gender, and ethnicity may reveal how
certain patterns of crime develop. Availability of weapons
and the level of drug dealing can also affect the nature of
crime in society. Studies have shown that in countries without easy access to handguns, the rate of murder and violent
crimes is much lower than in the United States, where guns
are easily acquired. Poverty, and the lack of opportunity that
goes with it, is also associated with increased rates of serious
crimes such as robbery and murder. Poverty breeds desperation, and desperation breeds violence. In countries where the
social support systemthe system that helps people who
have fallen on hard timesis stronger than in the United
States, crime rates are usually lower.
The incidence of crime, especially violent crime, decreases
with ageteenagers commit the most crimes per capita, and
middle-aged and elderly people commit the fewest. Further,
crimes among the elderly consist almost exclusively of minor
offenses such as drunkenness and shoplifting. Males are more
likely to be arrested for crimes, especially violent crimes, than
females. There are various theories to account for this difference, including the notion that as women achieve greater
equality in society, their crime rate will become equal to that
of men. Indeed, the rate of arrests of women and teenage
girls has increased in recent years. Is this because females
are committing more crimes, or because policing has changed
and theres a greater willingness to arrest females rather
than protect them?
Racial Issues
The issue of race and crime is highly sensitive in this country.
The official crime statistics indicate that there are many more
criminals among minorities than there are among whites,
but that hardly tells the whole story. Minority populations
are more likely to be poor and to suffer from the increase
in crime that comes with poverty. Another factor could be
16
called sampling errorpolice concentrate their efforts in

minority neighborhoods, and may tend to view whites as less
suspicious-looking, so the difference in arrests may not
indicate an actual difference in criminal behavior.
Recidivism
Although most studies of crime have focused on why people
begin committing crimes, only a few have focused on why
people continue committing crimes. The vast majority of people
who commit a crime dont go on to commit more crimes.
Only a small percentage of career criminals account for a
disproportionately large number of crimes. Why these people
do what they do has become a focus of study. After all, not
everyone who comes from an impoverished background goes
on to become a criminal. What is it about the career criminal
that makes him or her different?
Theories of Victimization
By focusing on those who bear the brunt of criminal activity,
theories of victimization identify unsafe behaviors and suggest
ways in which people can avoid becoming victims of crime.
Its important not to take these theories too far, however, and
begin blaming the victim for the crime. For many years, for
example, it was believed that women who were raped had
somehow brought the attack on themselves by dressing or
acting provocatively. In reality, rape isnt a crime of sexual
arousal; rather, its a crime of dominance, violence, and
control over others.
Now, take a moment to complete Self-Check 2.
Lesson 1
17
Self-Check 2
1. What is mens rea?
__________________________________________________________
2. List the legal defenses for criminal responsibility.
__________________________________________________________
3. Explain the difference between a misdemeanor and a felony.
__________________________________________________________
4. The number of crimes not officially recorded by the police is called _______.
5. What are some Part I offenses of uniform crime reports?
__________________________________________________________
6. What is a status offense?
__________________________________________________________
7. Describe the National Crime Victimization Survey.
__________________________________________________________
8. The highest annual victim costs are attributed to _______ by the National Institute of Justice.
9. What percentage of Americans have committed crimes for which they could have been
imprisoned?
__________________________________________________________
10. What was the most popular defensive measure taken against crime by Americans in 2005?
__________________________________________________________
18
ASSIGNMENT 3
EXPLAINING CRIME
Violent Crimes
What kinds of violent crimes exist in America?
Gang violence is on the rise. The gangs are more organized, and more heavily armed, than ever before. Theyve
also graduated from fighting over the right to occupy a
certain turf to running highly profitable drug-dealing
and smuggling enterprises.
Serial and mass murders are relatively rare events, but

are often so striking and terrible that they capture the
publics attention disproportionately. Because of the
sociopathic nature of the criminals, these crimes are
difficult to understand, and next to impossible to predict
or prevent.
Terrorism, originating both domestically and from abroad,

has taken on a new urgency since September 11, 2001.
Intimate violenceviolence perpetrated by family members,

like spousal or child abuse, or by partners, like date
rapehas gotten more attention in recent years and is
no longer thought of as a private problem that doesnt
belong in the criminal justice system.
Substance abuse is often a contributing factor in crime.

Despite the decades-long war on drugs, illegal drugs
continue to be widely available, and are a lucrative source
of income for gangs and other organized criminals.
Organized crime, like the name suggests, consists of

highly organized groups that participate in intricate plots
to make profits from illegal activities. These activities
range from prostitution to extortion, from drug-running
to stock-trading schemes.
Lesson 1
19
Nonviolent Crimes
Not all crimes are violent crimes. Many nonviolent economic
crimes occur yearlyburglary, shoplifting, tax evasionoften
as a result of a perceived opportunity.
White-collar crime is economic crime committed in the corporate
and financial worldembezzlement, stock fraud, and so on.
Often the perpetrators are wealthy executives and bankers. The
accounting scandal at Enron was one of the most spectacular
recent examples of white-collar crime, but doesnt come close
to Bernard Madoffs Ponzi scheme in scale. In June 2009,
Madoff, a former financier and chairman of the NASDAQ stock
exchange, was sentenced to 150 years in prison for orchestrating the largest investment fraud ever committed by a single
person. Despite the lack of violence, this type of crime is not
without victimsthousands of Enron workers and stockholders
lost their life savings while the company executives stole millions, while client losses due to Madoffs activity have been
estimated to be almost $65 billion.
Causes of Crime
Criminology is the
study of crime and
the reasons behind
criminal behavior.
If crime threatens public order and safety, then why does

crime occur? As weve seen, crime can include violence that
ranges in severity and number of victims, perpetrated by
individuals or groups. Crime can focus on property or social
disorder. There are many theories that attempt to provide
an explanation for criminal activity. If a theory is able to
accurately model criminal behavior, then society can prevent
or discourage that behavior. As of yet, no theory has proved
completely correct.
Choice Theories
Choice theories presume that people are aware of how their
actions can produce consequences. So society uses punishment as a means of discouraging the rational criminal from
committing crime. Society can also try to reduce opportunities
for criminal activity. The weakness of these theories is that
many criminals dont act rationally, but rather act under the
influence of drugs or anger. In addition, even criminals that
20
do act rationallythe careful burglar, the embezzlerarent

necessarily deterred by the threat of being caught. They may
think theyll be the lucky one that gets away with it, or that
theyre smarter than the police and therefore will succeed in
avoiding punishment.
Biological Theories
Biological theories contend that individuals have to commit
crimes because of the nature of who they are. Biology, however,
may only predispose someone towards committing a crime
that is, it may give someone a tendency to criminal activity,
but it doesnt by itself cause that activity. There are, however,
strong links between certain neurological and hormonal disorders and criminal activity.
Psychological Theories
Psychological theories look at the mind and behavior of the
criminal, presuming that some kind of damage or imbalance
exists. These theories may offer different strategies of helping
people not to commit crimes. The link between mental illness
and crime has so far been difficult to prove; studies are
continuing. Other psychological theories hold that people
learn to commit crimes by seeing criminal behavior when
theyre children. This idea is currently popular among those
who feel the film and TV industries are responsible for many
aspects of youth crime.
Sociological Theories
Sociological theories look at the nature of interactions
between individuals and society. They focus on the ways in
which the structure of society accounts for criminal activity.
Because the majority of prison inmates are from poor urban
areas, sociological theory concludes that poor urban areas
breed criminal behavior. The logical remedy, then, is to fight
poverty and improve living conditions in urban areas to prevent crime. Of course, not all criminals are poor or urban.
Negative family relationships have been associated with
criminal behavior in all strata of society.
Lesson 1
21
Conflict Theories
Theories that reflect power struggles between those who
have and those who have not are called conflict theories.
Integrated Theories
Integrated theories gather perspectives from other theories
to address the complexity of circumstances surrounding the
commission of crimes.
22
Self-Check 3
1. Define criminological theory.
__________________________________________________________
2. Classical criminologists were concerned with _______.
3. List the three positivist theories of the causes of crime.
__________________________________________________________
4. What are the five assumptions of the positivist school of thought on crime causation?
__________________________________________________________
5. Define criminal anthropology.
__________________________________________________________
6. A psychopath is a person who _______.
7. Maslow is called humanistic because he _______.
8. Durkheim is closely associated with the _______ of explaining why crime occurs.
9. Learning theory explains criminal behavior and its prevention with the following concepts:
_______, _______, _______, _______, and _______.
Lesson 1
23
ASSIGNMENT 4
THE RULE OF LAW
Criminal Law
Criminal law involves defining crimes and dictating punishments. It also defines the procedures used in proving a
defendants guilt. Society bears the responsibility for proving
a defendants guilt. Its not the defendants responsibility to
prove his or her innocence. Substantive criminal law focuses
on guilty acts. Procedural law focuses on the rules for dealing
with criminalsinvestigation, prosecution, and so on.
Civil Law
Civil law focuses on damages a victim sustains. In civil law,
its usually the victim that takes the defendant to court, not
the government. And rather than physical punishment, the
remedy sought is some kind of compensation (usually
money).
Common Law
Most definitions of crimes in American law come from English
common law. Historically, the judiciary played a prominent role
in defining criminal activity. By policy, courts examine what
other courts have decided and try to conform their judgments
to be consistent with those prior decisions. However, as society
changed, judges were able to change the laws to take those
changes in to account.
Statutory Law
Today, many crimes are defined by legislatures, which enact
statutes. New crimes might be defined to reflect a growing
threat, such as that from organized crime, or a societal problem
24
that needs to be specifically addressed, such as domestic

violence. The enactment of statutes prohibiting stalking
was a result of growing awareness of the scope of the
problem due to some famous and tragic cases. Public outrage ensued when people were murdered after repeatedly
being turned away by the police when they sought help,
because of the lack of a prosecutable crime. Sometimes,
victims or their families become lobbyists, working with
Congress or state legislatures to ensure that police are
able to do more to help prevent the others from suffering
the crime that happened to their loved ones.
The Constitution
Rights recognized in the U.S. Constitution limit the ways
in which a defendant can be prosecuted by the federal
government. The Supreme Court has interpreted the
Constitution to extend these rights to protect citizens
from state and local government actions as well. Law
enforcement cant coerce a defendant into making a
confession or subject a person to a search without reasonable cause. A defendant must have access to an attorney,
if desired, and cant be sentenced to extreme forms of
punishment. The statement due process of law in the
Fourteenth Amendment means that government procedures must protect individual rights by ensuring that
criminal justice procedures are applied fairly and without
discrimination. Pay particular attention to the information
your textbook presents about the Fourth, Fifth, Sixth, and
Eighth Amendments.
Fourth Amendment
Under the Fourth Amendment, youll learn about warrants.
Because of the rule of law, police have to comply with
the procedures described in the Constitution regarding
investigations, arrests, and questioning.
The Fourth Amendment requires officers to obtain a warrant before searching or arresting someone. Getting a
warrant involves filing a request and an affidavit (which
Lesson 1
25
contains statements of fact, made under oath) to a judge or

clerk
magistrate. The warrant must be specific as to where and
what is to be searched and who is to be arrested (called
particularity). There are exceptions to the warrant requirement,
as discussed below.
Warrantless Searches and Seizures

Plain View
The plain view doctrine holds that if an item of contraband
is in plain view, a police officer can seize it, even without
a warrant. Plain view means, for example, sitting on the
kitchen table, not in a closed drawer. If the item isnt
obviously contrabandfor example, its a piece of stereo
equipmentrecording a serial number to check if the item
is stolen probably constitutes a search, and requires a warrant. Police officers are also permitted to look into open fields
under the plain view doctrine, either from adjacent roads or
from aircraft, to look for drug-producing plants.
Situations arise where officers cant practically get a warrant.
For example, officers witness a crime and place the perpetrator
under arrest immediately. They may end up conducting a
limited search to check for weapons. This kind of search has
been upheld by the Supreme Court, since its important to
ensure the officers safety. If the officers should notice contraband when performing this search, its usually admissible
as evidence against the individual. This is an extension of
the plain view doctrine, known as the plain touch (plain feel)
doctrine. So, for example, if the officer feels a crack vial
through the suspects jacket, its admissible under the plain
feel doctrine. A bag of marijuana might not be admissible,
since it doesnt have a distinctive feelit could be a wad of
tissuesand isnt obviously contraband until its pulled out
of the pocket where it can be seen. If the arrest is found to
have been invalid, then any evidence seized as a result of the
search will be inadmissible.
26
Stop and Frisk

Police are permitted to stop people temporarily and question
them, without having the probable cause necessary for an
arrest. This ability allows police to question people who they
feel are behaving suspiciously, without having to go so far
as to make a formal arrest. More often than not, these people
are able to account for their activity, and the police contact is
ended without incident. During such a stop, its also permissible for police to do a quick pat-down search of the person,
to make sure he or she doesnt have a weapon (called a stop
and frisk).
Automobiles
Special considerations arise when officers stop and search
automobiles, given their mobility. Warrantless searches may
be done when evidence is in plain view or theres probable
cause to believe the car contains evidence of a crime. Even
closed containers within the car can be searched. The justification for this is that drivers and automobiles are highly
regulated, and therefore people dont have as much of an
expectation of privacy in a car as they do in their homes.
Despite the reduced expectation of privacy, police dont have
unlimited power to randomly search cars. Pulling people over
randomly to check for violations, in particular, is unconstitutional. Theres too much room for discrimination. Setting up
a roadblock to stop everyone driving through a certain place
at a certain time, however, is constitutional. Officers may
not, in such a roadblock, use drug-sniffing dogs to search
cars for drugs. They can look only for outward signs of
intoxication or motor vehicle violations.
Consent
If the police obtain permission from a person before doing a
search of his or her property, then they dont need a warrant.
However, the consent must be truly voluntarypretending to
have a search warrant or acting threateningly makes the
consent involuntary. With the war on drugs, police have
27
begun searching without probable cause to suspect illegal

activity in more and more situations, trying to cast a wide
net to intercept drugs. In the bus sweep, police board public
transportation and question passengers, asking for identification and permission to search their bags. Although this
type of search has been upheld by the Supreme Court, many
people feel it erodes Fourth Amendment protections.
Surveillance
While law enforcement can conduct electronic surveillance,
such as wiretaps on a persons phone, they usually need a
warrant to do so. Although theres no physical trespass, its
considered a violation of privacy and Fourth Amendment
rights. New technology, such as thermal imaging, has come
into use. The Supreme Court has placed restrictions on the
warrantless use of such devices.
Arrest
An officer may arrest a person where theres probable cause
to believe that a crime has been committed and that the
person should be charged with committing that crime. Under
certain circumstances, arrests can be made without warrants.
An arrest must be based on probable cause that the person
has committed a crime. When an arrest is made without a
warrant, the person must be brought into court for a hearing
on whether there was probable cause for the arrest. Suspects
can be held in jail without this hearing for up to 48 hours;
after that, they must be released.
Fifth Amendment
The Fifth Amendment deals with a suspects rights related to
self-incrimination.
After an arrest, police need to follow certain guidelines when
interviewing suspects and processing individuals who have
been arrested. When questioning suspects, police must warn
them that they have the right under the Fifth Amendment not
to talk to the police, not to say anything self-incriminating,
and that the police will use anything said as evidence in a
28
Examination, Lesson 1
trial. Suspects must also be told they have the right to an

attorney under the Sixth Amendment. This is called the
Miranda warning, after the landmark Supreme Court decision
that said police cant question suspects who are ignorant of
their rights. Administering the Miranda warning also helps to
guard against the use of inappropriate means of interrogation.
Witnesses to a crime who arent being questioned in custody
dont have to receive the Miranda warning. Miranda applies
only to the questioning of suspects in custody.
The primary tool available to courts to discourage law enforcement officials from engaging in inappropriate conduct is the
exclusionary rule. Courts wont admit into court proceedings
evidence that has been seized contrary to the requirements
of the Constitution. The Supreme Court has recognized, however, that a good faith exception exists when applying this
rule. If the police officers relied on a search warrant that
they believed to be valid, the fact that it was later shown to
be invalid doesnt make the search illegal and the evidence
excluded.
Congratulations! Youve completed Lesson 1. Now, review the
material youve learned in Lesson 1 as well as the assigned
pages in your textbook. Once you feel you understand the
material, complete Self-Check 4. Then check your answers
with those provided at the end of this study guide. If youve
missed any answers or you feel unsure of the material,
review the assigned pages in your textbook and this study
guide. When youre sure that you completely understand the
information presented in these assignments, complete your
examination for Lesson 1.
29
Self-Check 4
Questions 110: Match the terms on the left with their definitions on the right.
a. Contraband
_____ 1.
Reasonable suspicion
_____ 2.
An illegal object or substance
_____ 3.
Due process rights
d. Forbids excessive bail
_____ 4.
USA Patriot Act
e. Are found in the Bill

of Rights
_____ 5.
Sixth Amendment
_____ 6.
Eighth Amendment
_____ 7.
Common law
_____ 8.
Subpoena
b. Fourth Amendment
c. Double jeopardy
f.
Order issued by the court

requiring a person to appear
g. Needed to stop and frisk

h. Also called case law
i.
_____ 9.
Trying a defendant a second time

for the same offense
_____10.
Protects against unlawful search and seizure
Protects the right to a

speedy trial
j. Gives the FBI authority

to conduct warrantless
searches
30
EXAMINATION NUMBER:
40632600
Whichever method you use in submitting your exam
answers to the school, you must use the number above.
For the quickest test results, go to
http://www.takeexamsonline.com
When you feel confident that you have mastered the material in
Lesson 1, go to http://www.takeexamsonline.com and submit
your answers online. If you dont have access to the Internet,
you can phone in or mail in your exam. Submit your answers for
this examination as soon as you complete it. Do not wait until
another examination is ready.
Questions 120: Select the one best answer to each question.
1. Issues involving police searches are addressed in the

_______ Amendment to the Constitution.
A. Fourth
B. Fifth
C. Sixth
D. Eighth
2. Which defense contends that the defendant should be not

guilty because his or her state of mind negates criminal
responsibility?
A. Entrapment
B. Compulsion
C. Consent
D. Insanity
3. Which agency oversees the collection of information thats

compiled into the Uniform Crime Report?
A. Secret Service
B. DEA
C. FBI
D. IRS
Examinat
io n
Examination
Lesson 1
The Foundations of Criminal Justice
31
4. Under which kind of legal proceeding may an injured person seek monetary damages?
A. Contract law
B. Criminal law
C. Civil law
D. Property law
5. Which perspective focuses on the stigma that a defendant might acquire once he or
she is convicted?
A. Crime control
B. Rehabilitation
C. Restorative
D. Nonintervention
6. What type of measurement is the primary source of official crime statistics?

A. The National Crime Victimization Survey
B. Self-report surveys
C. The Uniform Crime Report

D. The longitudinal cohort survey
7. Which theory suggests that people commit crime because of status frustration?
A. Differential association theory
B. Anomie
C. Social disorganization
D. Modeling
8. The ruling in the case of Terry v. Ohio allowed police officers to

A.
B.
C.
D.
make warrantless arrests.

make a search incident to an arrest.
talk to people without arresting them.
stop and frisk a suspicious individual.
9. An exception to the exclusionary rule is the _______ exception.

A. stop and frisk
B. warrantless search
C. good faith
D. threshold inquiry
10. What kind of laws arose from judges decisions?

A. Procedural
B. Criminal
C. Civil
D. Common
11. The idea that a person must be found both factually and legally guilty of a crime is
related to
A.
B.
C.
D.
32
the crime control model of law enforcement

the doctrine of legal guilt.
double jeopardy.
traditional conservative values.
12. Who was the originator of psychoanalytic theory, which suggests that criminals
suffered from deep-seated problems?
A. Sigmund Freud
B. Cesare Beccaria
C. Cesare Lombroso
D. Dorothy Ottnow Lewis
13. Of the sociological theories used to explain why crime happens, which theory focuses
on the uneven distribution of wealth in society?
A. Labeling theory
B. Culture of poverty
C. Radical theory
D. Social structure theory
14. What measurement of how crime is reported attempts to measure figures missed by
official statistics and victims reports of crime?
A.
B.
C.
D.
The National Crime Victimization Survey

Self-report surveys
The Uniform Crime Report
The Uniform Measure of Victims of Crime
15. Police dont need a search warrant to seize evidence when

A.
B.
C.
D.
theyre looking for drugs.

the evidence is in a motor vehicle.
theyre looking for stolen goods.
the evidence is in plain view.
16. Prohibiting certain behaviors that arguably shouldnt be prohibited is referred to as

A. overcriminalization.
B. ex post facto law.
C. actus reus.
D. undercriminalization.
17. Advocates of which perspective have little patience with so-called bleeding heart
judges?
A. Rehabilitation
B. Justice
C. Crime control
D. Due process
18. The right to a speedy trial is covered by the _______ Amendment.

A. First
B. Fourth
C. Sixth
D. Fourteenth
33
19. A serious offense punishable by confinement in prison for more than a year is a
A. misdemeanor.
B. capital offense.
C. corporal offense.
D. felony.
20. The study of criminal human beings is called

A. atavist study.
B. criminology.
34
C. criminal anthropology.
D. forensic anthropology.
Law Enforcement
Discuss the history of policing and how policing has

developed into its modern form
Describe the nature and role of various law

enforcement agencies
Explain the different approaches used to process cases
ASSIGNMENT 5HISTORY AND

STRUCTURE OF AMERICAN LAW
ENFORCEMENT
Origins of the Police

PreTwentieth Century
Policing in America traces its roots back primarily to England,
where community members organized to stand watch over the
neighborhood. It was in midnineteenth-century London that
the first government-run police force appeared, established by
Sir Robert Peel. The bobbies were organized in response to the
widespread corruption of the privately paid thief takers, who
had been terrorizing and extorting citizens and criminals alike.
In America, policing grew to reflect the expansion of the nations
frontiers. American cities developed their own police forces in
response to growing social unrest in the slums. These police
forces were primarily responsible for enforcing political power
and maintaining order. They didnt have good relations with
the populace, in large part because there was widespread
corruption and uncontrolled use of violence.
Lesson 2
LEARNING OBJECTIVES
35
Twentieth Century
Although there were attempts at reform early in the twentieth
century, for the most part the nineteenth-century power
brokers remained in control through the Depression. During
this time, police professionalism was equated with organization
along military lines and increased training.
Affirmative action policies

require employers to
hire a specific number
(or percentage) of
minorities. In many
cases, that means
employers have to make
extra efforts to attract
minority applicants.
From the 1960s to the 1990s, law enforcement underwent

dramatic transformation. The 1960s were a time of turbulent
social unrest and protest that often wound up in violence
between police and citizens. The crime rate also increased
during this time, placing further strain on police departments.
The 1970s saw increased federal support for criminal justice.
With that support came an increase in funds. Police officers
were able to go to college, and criminal justice programs
appeared in colleges nationwide. Affirmative action policies
also began to draw racial and ethnic minorities and women
into police departments.
In the 1980s, the community policing concept emerged, where
police cooperated with neighborhood groups, but budget cuts
brought an end to many innovative programs. The emergence
of crack cocaine led to an increase in drug-related crimes. In
the 1990s, the idea of police interacting with the community,
rather than controlling it, began to take hold. Throughout
these decades, the police conflict with minority communities
continued to be a problem.
Police Organization
The role of the police in society is often a balance between
providing service and engaging in law enforcement. While
time spent in actual law enforcement activity may be small
as compared to handling administrative and social services
assignments, the media depict police as the defenders against
crime. But law enforcement officials spend more time maintaining order and working as community-based problem
solvers, as well as spending a lot of time on paperwork.
36
Police organizations have been structured along hierarchical

lines. Recent changes in the management of police organizations
have included improved, ongoing training, increased police
productivity through the use of civilians for tasks unrelated
to law enforcement, and greater oversight by civilian review
boards.
Modern Law Enforcement

Federal
Today, national law enforcement is primarily under the jurisdiction of the Department of Justice. While the Federal Bureau of
Investigation (FBI) is the primary federal investigative agency,
other agencies, such as the Drug Enforcement Administration,
the U.S. Marshals, and the Organized Crime and Racketeering
units, focus on specific areas of law enforcement. The FBI
also provides important services to other law enforcement
agencies, including forensic analysis of evidence and help with
kidnapping and serial-killer investigations. The Immigration
and Naturalization Service, another agency of the Department
of Justice, is now called the Bureau of Citizenship and
Immigration Services and is part of the new Department of
Homeland Security.
The Department of the Treasury has also historically been
involved in law enforcement through agencies like the Bureau
of Alcohol, Tobacco, and Firearms; Customs and the Secret
Service (both now part of the DHS); and the Internal Revenue
Service.
Lesson 2
37
The Department of Homeland Security

In the aftermath of the terrorist attacks against America on September 11, 2001, the President
decided that 22 previously separate domestic agencies needed to be coordinated into one
department to protect the nation against terrorist threats. The Department of Homeland
Security Act of 2002 was signed into law to bring about this change. The new Department
of Homeland Security (DHS) incorporates the agencies listed in this feature. The agencies
are listed below the segment of the DHS they belong to; in parentheses is the department
previously responsible for overseeing the agency.
Border and Transportation Security:
The U.S. Customs Service (Treasury)
The Immigration and Naturalization Service (part) (Justice)
The Federal Protective Service (General Services Administration)
The Transportation Security Administration (Transportation)
Federal Law Enforcement Training Center (Treasury)
Animal and Plant Health Inspection Service (part) (Agriculture)
Office for Domestic Preparedness (Justice)
Emergency Preparedness and Response:
The Federal Emergency Management Agency (FEMA)
Strategic National Stockpile and the National Disaster Medical System
(Health and Human Services)
Nuclear Incident Response Team (Energy)
Domestic Emergency Support Teams (Justice)
National Domestic Preparedness Office (FBI)
Science and Technology:
CBRN Countermeasures Programs (Energy)
Environmental Measurements Laboratory (Energy)
National BW Defense Analysis Center (Defense)
Plum Island Animal Disease Center (Agriculture)
(Continued)
38
The Department of Homeland SecurityContinued

Information Analysis and Infrastructure Protection:
Critical Infrastructure Assurance Office (Commerce)
Federal Computer Incident Response Center (General Services Administration)
National Communications System (Defense)
National Infrastructure Protection Center (FBI)
Energy Security and Assurance Program (Energy)
Other agencies:
Secret Service
Coast Guard
Office of Inspector General (serves as an independent and objective inspection, audit, and
investigative body)
Office of Private Sector Liaison (will work directly with individual businesses, trade associations,
and other nongovernmental organizations)
Office of State and Local Government Coordination (will ensure that close coordination takes
place with state and local first responders, emergency services, and governments)
The new Bureau of Citizenship and Immigration Services (formerly the Immigration and
Naturalization Service)
State and Local

At the nonfederal level, law enforcement can be organized
on the local, county, and state level, with each type of
organization generally dealing with issues appropriate to its
jurisdiction. The state police is typically the main police force
in rural areas; although small towns may have police officers, any major crime will be handed over to the state police
for investigation. County police are usually organized under
an elected sheriff. Sheriffs departments are responsible for a
range of services, including law enforcement, court security,
corrections, and serving civil papers. The responsibilities
vary from jurisdiction to jurisdiction.
Lesson 2
39
The Future
In the twenty-first century, the role of police in society will
continue to develop, often with an emphasis on police having
an active instead of a reactive role. New technological
developments have and will continue to produce dramatic
improvements in detection, such as with the use of DNA
testing. The goals of increased police involvement in the
community may come into conflict with the development of
more sophisticated technology for surveillance and evidence
gathering, as these technologies tend to emphasize an armslength approach. The deployment of surveillance technology
in public places also tends to alarm citizens, who fear police
intrusion into their privacy.
Private Police
Private policing has existed in the United States since the
nineteenth century and promises to be a field that will once
again expand greatly. Businesses hire security personnel to
provide security for their facilities and to investigate misdemeanors that take place there. Associations of private
investigators have been working with public agencies and
police associations since the 1980s. Police officers have often
taken on second jobs as private security. While this can
provide additional legitimacy to the private security firm,
it can also raise issues regarding liability and conflict of
interest should there be a confrontation or a crime committed
on the premises.
Privatizing areas previously part of public law enforcement
has become a popular and controversial issue in recent years.
While states may be able to save money by contracting their
correctional department to private firms, there are thorny
ethical and conflict-of-interest problems surrounding the
idea of operating a prison for profit. Likewise, many people
oppose the expansion of private policing because they fear
a return to the corruption and other problems associated
with the private police forces of the nineteenth century.
40
Self-Check 5
1. The basic concepts of American law enforcement originated in _______.
2. The _______ supervised the hundred, which was made up of ten tithings.
3. List the 12 principles of policing as established by Robert Peel.
__________________________________________________________
4. _______ advocated training and education as key to improving police professionalism in the
early 1900s.
5. Describe CompStat.
__________________________________________________________
6. What is PEPPAS?
__________________________________________________________
7. Who was the first director of the Department of Homeland Security?
__________________________________________________________
8. Which department is responsible for preventing terrorist attacks within the US?
__________________________________________________________
9. What is the difference between contract and proprietary security?
__________________________________________________________
10. How many laws are there regarding private security?
__________________________________________________________
Lesson 2
41
ASSIGNMENT 6POLICING: ROLES,

STYLES, AND FUNCTIONS
Patrolling
Recidivism means
repetition of criminal
behavior.
The patrol function of policing requires shift coverage for

each hour of each day. Besides maintaining order, the patrol
creates a sense of safety, engages in law enforcement, and
attempts to deter criminal activity. But patrolling itself may
not be effective in deterring crime, according to the results
of a 1970s Kansas City study. So some departments have
adopted a more aggressive posture, enforcing a zero tolerance policy toward public-order crimes such as vagrancy
and loitering. Arrests made on patrol may deter specific
individuals, cut down on recidivism, and generally reduce
the crime rate. Other departments target their patrols toward
specific crimes, such as gun possession.
One drawback to the zero-tolerance approach is that the
increased aggressiveness of the police can lead to resentment
in the community. This is especially true when minority
neighborhoods seem to be the ones most frequently targeted
for extra patrols. Another drawback is that arresting people
for minor offenses can decrease the efficiency of the whole
criminal justice system, as the courts and jails become overloaded with people being processed for petty crimes.
Domestic-Violence Response
An area of great concern has been how officers respond to
calls regarding domestic violence. For many years, domestic
violence wasnt taken seriously as a crime; rather, it was seen
as a family problem that should be worked out privately. In
addition, the victims often refused to press charges, so the
police were unable to do anything to prevent future attacks.
In recent years, police departments and the public have become
more aware of the seriousness of domestic violence, which
has led to the creation of different strategies for handling such
42
situations. One of these strategies has been for the state to

initiate prosecution when the victim refuses to do so. Other
strategies involve arresting batterers in the hope that it
will deter them from repeating the behavior and instituting
mandatory counseling for people who commit domestic
violence.
Investigation
A role often glamorized by the media, the investigative function
of police detectives often focuses on following through on
the patrol officers initial investigation. This might involve
gathering evidence, identifying suspects, or maintaining
surveillance. Police detective divisions may be organized
along the lines of the nature of the crime, such as homicide
or vice. A more effective use of detectives may be in setting
up sting operations or going undercover.
Community-Based Policing
Community-oriented policing (COP) offers the chance of
improved police efficiency and community relations. The
Broken Windows study suggests that police need to
increase their presence in disorderly neighborhoods and
respond to public disorder crimes more effectively. Its a
form of preventive policingif police address the problems
in the neighborhood, gain the trust and cooperation of the
public, and reduce fear, crime levels will fall.
Foot patrols and neighborhood policing can improve the
publics perception of the role of policing. Problem-oriented
policing (POP) can improve officers sense of effectiveness in
the community by focusing on identifying long-term problems
and developing strategies in response to those problems, rather
than having them simply react after the fact to reports of criminal activity. POP strategies rely on cooperation between police
and citizens in both identifying and addressing long-term
neighborhood problems. By involving the community more
in addressing issues of crime, police may increase their effectiveness and improve the publics perception of the role that
police officers play in society.
Lesson 2
43
Its uncertain whether community-based policing is actually

responsible for the decrease in crime that has taken place
in many urban areas in the late 1990s. Only time will tell
whether the decrease was the result of an improved economy
or some other unknown factor. Still, some form of integration
between traditional policing and community-based policing
will probably continue to be used in the future.
Terrorism
Since September 11, 2001, concern about terrorism has
become a national phenomenon. Law enforcement has
partnered with various federal agencies to prevent and
defend against terroristic threats. New laws have gone into
effect to accomplish this daunting task. There is, however,
a fine line between allowing aggressive action to find and
capture terrorists and preserving the liberty of U.S. citizens.
44
Self-Check 6
1. What are the different types of patrol, and what does each entail?
__________________________________________________________
2. What are the functions of an investigator?
__________________________________________________________
3. Define cybercrime.
__________________________________________________________
4. Which type of enforcement is responsible for the most drug arrests?
__________________________________________________________
5. _______ have primary responsibility for smuggling interdiction.
6. List some criticisms of the war on drugs.
__________________________________________________________
7. What is COPS?
__________________________________________________________
8. How does the FBI define terrorism?
__________________________________________________________
9. What are the four general policies of the United States with regards to terrorism?
__________________________________________________________
Lesson 2
45
ASSIGNMENT 7POLICING
AMERICA: ISSUES AND ETHICS
Police Culture
Issues about the nature, role, and place of police in society
have always existed. As a profession, the police have developed a culture based upon the unique circumstances they
encounter while doing the jobthe danger and the need to
display authority. This produces unique personality traits,
including suspicion toward the public and solidarity with
fellow officers. The irregular hours and difficult situations
they encounter lead officers to rely on each other for advice
and friendship.
Police officers may also favor different styles of policing based
on their personality traitssome may wish to focus on crime
fighting, while others may be more interested in the social
aspects of community policing.
Police Discretion
To meet their obligations, police have flexibility (discretion)
to decide what to investigate and whom to charge. Different
factors can influence how an officer decides to handle a specific
situationthe values of the community, the availability of
alternatives to arrest, and so on. Abuse of that discretion
can raise substantial public concerns about the role of the
police in society.
Although the Constitution requires that offenders be treated
equally, life isnt rigid, and police officers must be able to
exercise judgment in different situations. For example,
sometimes a driver stopped for speeding may be simply given
a warning rather than a ticket, because the officer believes
the driver had a good reason for speeding. If a pattern develops
where all white drivers are given a warning, and all black
drivers are given a ticket, then discrimination is at work.
Police leadership must exercise control over the department
46
to ensure that discretion doesnt turn into discrimination,

while at the same time allowing officers the flexibility to deal
effectively with the situations they encounter on the job.
Changes in the Police Force

The nature and quality of law enforcement have changed.
Officers are encouraged to seek out more education and
training. The face of the police force has become more diverse,
reflecting more closely the faces of society. Minority members
of the police force in the past were treated as marginal employees; today, as the diversity of the police force has increased,
there are fewer differences between the experiences of white
and minority officers.
Women have had more difficulty than minorities in breaking
through the barriers to police occupations. Although perceived
by many to be weaker than men and therefore less effective
and more likely to get hurt on the job, in studies women have
been shown to be less likely to be injured, and less likely to
injure others, than male colleagues are. Nevertheless, women
have difficulty in being hired as police officers, and even more
difficulty in advancing to command rank.
Police Stress
Fulfilling their obligations can be a source of stress to police
officers. Symptoms of stress include illness, substance abuse,
divorce, violence, and brutality. Stressors include abuse from
the public, limited opportunity for advancement, work overload, and fear of violence. Once these stressors have been
identified, different methods for helping officers cope with
stress can be developed.
Use of Force
Although the public perception of police may be that theyre
often involved in violence, because only the most sensational
cases tend to make the news broadcasts, statistically few
police encounters involve violence. Still, some officers have a
propensity for violence and have multiple brutality complaints
Lesson 2
47
lodged against them. Police brutality tends to undermine

police-community cooperation, so police departments institute
training programs, and even sting operations, to decrease the
incidence of brutality.
In extreme situations, police may use deadly force. Given
the risks to the officers and to society, such force isnt used
casually. Officers receive extensive training about how to evaluate a situation to determine whether the use of killing force
is necessary. The old practice of shooting a fleeing suspect,
whether or not he or she was armed or considered dangerous,
has been declared unconstitutional by the Supreme Court.
Abuse of Power
Because of what society asks of the police, they wield great
power. Abuse of that power can take the form not just of
violence but of a variety of forms of corruption. Corruption is
defined as misusing authority for personal gain. However,
not all instances of corruption involve personal gain
sometimes, zealous police officers, believing guilty people
are wrongly allowed to go free by the courts, plant evidence
to ensure conviction and imprisonment. Corruption, whether
in the form of planted evidence, extortion, or drug peddling,
has a corrosive effect. It compromises the ability of honest
police officers to do their jobs and creates mistrust among
the citizenry.
missed any answers or you feel unsure of the material, review
the assigned pages in your textbook and this study guide.
When youre sure that you completely understand the information presented in these assignments, complete your
48
Self-Check 7
1. What are the three Is of police selection?
__________________________________________________________
2. What percentage of Americans think the police are good to excellent at solving crimes?
__________________________________________________________
3. Affirmative action has not been successful in _______ in the police profession.
__________________________________________________________
4. Officers hired under the merit system cant be fired _______.
5. What are the factors a police officer must consider to exercise appropriate discretion?
__________________________________________________________
6. What is copicide?
__________________________________________________________
7. Define excessive force.
__________________________________________________________
8. How does the FBI define terrorism?
__________________________________________________________
9. What are the components of Ellwyn Stoddards blue coat code?
__________________________________________________________
10. What is the objective of an internal affairs investigations unit?
__________________________________________________________
Lesson 2
49
NOTES
50
EXAMINATION NUMBER:
40632700
1. The right of a justice agency to act in regard to a particular

subject matter, territory, or person is
A. jurisdiction.
B. interdiction.
C. jurisprudence.
D. community policing.
2. The earliest form of policing in the South was

A. the Metropolitans.
B. constabulary in nature.
C. slave patrols.
D. rangers.
3. _______ represent about 17 percent of all law enforcement

departments in the United States.
A.
B.
C.
D.
Highway patrols
County police
Municipal police
Sheriffs departments
Examinat
io n
Examination
Lesson 2
Law Enforcement
51
4. Which of the following is the most complete DNA database?

A. CODIS
B. AFIS
C. HUD
D. NCIC
5. The Office of Intelligence and Analysis, the Directorate for National Protection and
Programs, and the U.S. Secret Service are all part of the
A.
B.
C.
D.
Homeland Security Advisory Council.

Department of Justice.
Department of Homeland Security.
Homeland Security Advisory Division.
6. Which level of policing typically focuses on highway safety?

A. U.S. Marshals
B. Local law enforcement
C. County law enforcement

D. State law enforcement
7. In the 1970s, a study in Kansas City, Missouri, sought to quantify the effectiveness of
patrol. What did the researchers discover?
A.
B.
C.
D.
Changes in the frequency of patrol had little impact on crime patterns.

Aggressive patrol efforts aimed at lifestyle crimes reduced the violent crime rate.
Targeting gun crimes would lead to a significant decrease in homicides.
Proactive patrolling worked exceptionally well.
8. The theory that the more arrests made the safer the community will be is part of the
_______ policing style.
A. service
B. legalistic
C. watchman
D. enforcer
9. Which of the following statements is an accurate criticism of the War on Drugs?

A.
B.
C.
D.
Illegal drug use is not a significant cause of crime.

Drug use among minorities is much worse than it is for Caucasians.
Eighty-five percent of the prison population is made up of drug offenders.
Penalties for marijuana use are as extreme as they are for cocaine use.
10. Providing a safe environment for students and staff, responding to calls within the school,
and working with administrators to prevent crime and disorder is the responsibility of the
A. community police chief.
B. school resource officer.
52
C. local patrol officer.

D. truancy officer.
11. Which of the following is an approach that sought to improve police-community relations?
A.
B.
C.
D.
Project Exile gun experiment

Broken windows theory
Crackdown by New York City police on lifestyle crimes
More officers, less crime model
12. The idea that police should focus on law enforcement and leave social services and the
maintenance of order to others was fostered by
A. August Vollmer.
B. Robert Peel.
C. Fernando Wood.
D. John Scott.
13. The technological and management system that aims to make the police better organized
and more effective crime fighters is called
A. community policing.
B. PEPPAS.
C. FLETC.
D. CompStat.
14. When officers have essentially the same enforcement powers as local police in the
state and can work cases and enforce the law anywhere within the state, we can
say they are following the _______ model of law enforcement.
A. highway
B. state police
C. federal enforcement
D. universal
15. The Homeland Security Act made the departments of Homeland Security and Justice
A.
B.
C.
D.
overseers of FBI activity.

employers of federal officers in the U.S. territories.
senior to U.S. Customs and Border Protection.
the largest employers of federal officers with arrest and firearm authority.
16. The FBI reports that losses from cybercrime each year total nearly _______ per year.
A. $10 million
B. $100 million
C. $1 billion
D. $10 billion
17. The least common drug of choice in the United States is

A. heroin.
B. methamphetamine.
C. cocaine.
D. hallucinogens.
53
18. The percentage of federal prisoners incarcerated for drug offenses in 2003 was
_______ %.
A. 20
B. 21
C. 55
D. 58
19. Most of a police officers time is spent

A. apprehending law violators.
B. keeping the peace.
C. doing paperwork.
D. responding to nuisance calls.
20. Which of the following statements is false?

A.
B.
C.
D.
54
Random patrols reduce crime.

Before 1992, no woman had ever been elected to the position of sheriff.
There are no laws governing the private security agency.
Only a small percentage of reported crimes require rapid response.
The Courts
Discuss differences between types of courts, such as

courts of original and appellate jurisdiction; federal and
state courts; and the special role that the Supreme
Court plays in the American legal system
Describe how judges are selected and their role in the

courtroom, as administrator and as the final interpreter
of the law
Explain how the unique roles played by prosecution

and defense counsel complement one another in their
capacity as representatives of adversarial interests in
the courtroom
Follow the steps involved in the trial process, such as

the sequence of events at trial, the selection and role
of the jury, and when the judge needs to rule during
the trial
Examine what Constitutional rights a defendant has and

how exercise of those rights could affect the outcome of
the trial
Describe the sometimes contradictory goals served when

a judge sentences a defendant who has been found
guilty, the range of sentencing options, and where the
defendant might go to serve the sentence
Consider the impact that get tough policies like three

strikes laws and mandatory sentences have on judges
ability to select a sentence appropriate to the defendant
Discuss the most complicated and severe punishment,

capital punishment, in which the defendant may
face execution
Lesson 3
LEARNING OBJECTIVES
55
ASSIGNMENT 8
THE ADMINISTRATION OF JUSTICE
What role do courts play in resolving criminal issues?

Defendants arrive in court for a final resolution of pending
charges. Most crimes and prosecutions are on the state level,
but there are federal crimes and prosecutions as well.
State Courts
Since both courts of

limited jurisdiction
and courts of general
jurisdiction hold trials,
theyre considered to
be courts of original
jurisdictioncourts
where the first decision of a defendants
case will be made.
Each state has its own court system, separate from the federal
system and other states court systems. The lowest level of
courts is the courts of limited jurisdiction, which handle less
severe issues, like misdemeanors, traffic violations, and minor
civil matters. The lower criminal courts have jurisdiction over
minor criminal offenses and are able to impose sentences
of up to a year in jail. These lower courts are usually overworked and overcrowded, so few matters go to trial. Instead,
plea bargains are reached and fines are paid. Separate courts,
called courts of general jurisdiction, exist to deal with felonies
and more serious civil matters.
The states also have appeals courts, or appellate courts,
whose only job is to review decisions made by the trial courts.
Appellate courts can either send the defendant back to the
lower court for a new trial, uphold (agree with) the verdict, or
overturn (undo) the verdict. These courts dont consider the
issues of fact that were decided at trial; they consider only
whether there were procedural errors. Sometimes, if new
evidence has come uplike DNA evidence that didnt exist
when the trial took placethe appellate court can order a
new trial based on the existence of the new evidence.
Defendants may also have the option to appeal to courts
of discretionary jurisdictionthat is, its up to the courts
discretion whether or not to hear the casealthough they
dont have a right to appellate review in these courts. The
U.S. Supreme Court is an example of a court with discretionary jurisdiction.
56
Federal Courts
The federal courts have jurisdiction in the following types
of cases:
Violations of federal statutes
Civil suits between citizens of different states
Civil suits between citizens and government agencies
Civil suits between states
The courts of original jurisdiction in the federal system are

the U.S. district courts. The appeals courts in the federal system
are the U.S. circuit courts. Anyone involved in a district court
case has the right to appeal to a circuit court. State court
verdicts can also be appealed to the circuit courts, after all
appeals in the state system have been exhausted. Unless the
case goes to the Supreme Court, the circuit courts decision
is final.
There are 13 circuit courts. Each circuit courts jurisdiction
encompasses several states, except the D.C. Circuit and the
Federal Circuit. The jurisdiction of the Federal Circuit includes
appeals regarding customs and patents and several federal
administrative boards; it also took over jurisdiction of the
discontinued U.S. Court of Claims. The D.C. Circuits jurisdiction is restricted to Washington, D.C.
The U.S. Supreme Court is the court of last resort for all
federal and state cases. It has the discretion to decide which
cases are important enough to hear and which arent. (There
are a few types of cases the Court must hear, including those
involving the Voting Rights Act.) If the Court refuses to hear
a case, the previous decision is final. The U.S. Supreme Court
also serves in a unique capacity as final interpreter of the
language in the Constitution. Since arriving at an outcome
depends upon a majority among the nine members, most
cases have a majority opinion and a dissenting opinion. The
Court decides to hear a case by issuing a writ of certiorari.
When it makes a decision, that decision is binding precedent
on all lower courts, both state and federal.
Lesson 3
57
Caseloads
Large court caseloads have caused congestion at all court
levels. Reasons for this include the increase in civil tort cases
and the increasing complexity of the law, which leads to the
filing of more motions and paperwork in each case. Efforts
at relieving this pressure include better court management
A tort is a violation of
and speedier trials. Increased emphasis on plea bargaining
civil law and is considered a matter between and on the use of diversion (where the defendant isnt conindividuals.
victed but receives punishment or treatment) has also helped
relieve the burden. In some cases, the creation of mandatory
sentences has led to more jury trials, as the courts discretion
to give a lower sentence in a plea bargain is removed and
defendants are more willing to take their chances in hopes
of acquittal.
Judges
Judges preside over trials, making sure that cases proceed
properly by ruling on the admissibility of evidence and
on motions made during trial, overseeing jury selection,
instructing the jury about the applicable law and, if the
defendant is convicted, issuing a sentence. In different
jurisdictions, judges are appointed or elected. Judicial
qualifications vary between jurisdictions and courts; while
appellate court judges must have a law degree, lower-court
judges dont necessarily have to have a legal background.
Federal judges are nominated by the president and must
be confirmed by the Senate.
As courts get congested from handling too many cases,
judicial alternatives exist to reduce pressure on the courts.
For example, minor civil matters are often handled through
arbitration instead of adversarial trials. In the federal district
courts, magistrates handle pretrial issues and, if both parties
agree, can also decide civil matters.
Judges also get involved with the administration of courts,
going beyond handling caseloads to the actual operation of the
courthouses. They then have to address issues about upkeep
of the facilities, security, hiring, and the implementation of
technological improvements.
58
Prosecutors
Among the people in the courtroom workgroup, prosecutors
and defense counsel play unique roles. Prosecutors serve
as the governments lawyers, seeking justice and enforcing
the law. They may be appointed or elected to their position.
Prosecutors also need to manage their offices and establish
a good working relationship with law enforcement. They often
have an extensive support staff, including assistants who
prosecute the bulk of the cases.
Prosecutors have discretion on disposition of cases, including
whether or not to drop a case. But they often consider how
the disposition will affect their relationship with law enforcement officials and issues of resource management. In their
zeal to accomplish the goal of enforcing the law, prosecutors
may abuse their discretion or engage in misconduct. If the
abuse is serious enough, convictions will be overturned in
the appellate courts; however, if the abuse is considered
harmless (that is, the defendant would have been convicted
anyway), the verdict will stand.
Federal prosecutors are appointed, but state and local prosecutors are elected. That means they have a party affiliation, and
may feel a need to respond to community or party pressures.
The prosecutor is the chief law enforcement officer in his
or her jurisdiction. Through the grand jury system, the prosecutor is involved in investigation of crime. The prosecutor
also works with the police in various wayssuch as directing
investigations and training police officers in obtaining warrants
and questioning suspects, for example. The prosecutor has
the ultimate responsibility for deciding what cases to pursue
and what to charge the defendant with. These decisions can
sometimes antagonize police, who think their efforts have
been wasted by a decision not to prosecute or to make a
plea bargain. The prosecutors main responsibility, however,
is representing the government in trials. In large jurisdictions,
its often the assistant prosecutors that actually make the
bulk of the court appearances.
Lesson 3
The prosecutors ability

to decide what cases to
prosecute and what
charges to file is called
prosecutorial discretion.
59
Defense Attorneys
Defense attorneys serve as a source of legal information
and as advocates for defendants. They play a critical role
in assuring that the defendant can exercise the full range
of rights provided for in the U.S. Constitution. Such rights
include the requirement that the state must provide defense
counsel for free when a defendant cant afford a lawyer.
Public defenders are

attorneys employed by
the government to act
as defense attorneys
for indigent (poor)
defendants.
Attorney-client privilege
means that anything a
person tells his or her
attorney is protected by
law from being revealed
by the attorney. Likewise, any papers the
attorney uses in preparation for the case are
also protected under the
work product rule.
60
To fulfill the obligation to provide legal assistance, jurisdictions hire attorneys to work only as defense lawyers, or they
may seek the assistance of private counsel. In either case,
the attorneys fees are paid for by the government. Of course,
private lawyers may volunteer to represent defendants for
free (pro bono). Since the landmark Supreme Court case of
Gideon v. Wainwright, requiring states to provide attorneys
to indigent defendants, public defender offices have expanded
throughout the country.
Like prosecutors, defense lawyers need to demonstrate a thorough understanding of the law and of the facts of a clients
case, so as to provide competent representation. They also
have to know and abide by ethical standards of conduct.
As an officer of the court, the defense attorney may not
knowingly allow the defendant or any of the defendants
witnesses to lie under oath. Guilty people have the same
right to a zealous defense at trial as innocent people; still,
the defense attorney is obligated to uphold the law and avoid
becoming a participant in any illegal acts. These conflicting
responsibilities can put defense attorneys in a difficult position. Because of attorney-client privilege, they cant disclose
knowledge of a defendants past crimes; if they find out
about a future crime, however, they may have to speak
out to prevent an innocent person from being hurt.
Pretrial Procedures
To make trials as short and efficient as possible, many of the
issues surrounding prosecution are addressed before the
trial. Those procedures focus on the specific steps that have
to be taken before the trial.
After Arrest
The defendants arrest has to be formally recorded. He or
she may be fingerprinted and photographed. In cases of
serious crime, the defendant will be kept in jail until the
arraignment hearing; otherwise, for misdemeanors and the
like, the defendant will be released and required to appear
before the court for a hearing within the next day or two. At
the initial hearing, or arraignment, the defendant is informed
of the charges, provided with an attorney if necessary, and
asked to plead guilty, not guilty, or nolo contendere (no
contest, which means that the defendant accepts being
treated as guilty but doesnt admit to guilt, to avoid being
liable in any civil cases that might arise).
Pretrial Release
The defendant might be able to gain release from jail by
posting bail, which is security to support the defendants
promise to reappear for any subsequent legal proceedings.
That security is often money, but often can be anything of
value, including a house or even the defendants promise to
return. By posting bail, a defendant can return to a community, continue to work at a job, or help his or her counsel
with preparing a defense. Bail bonding agents can provide
the bail money for the defendant but usually charge a fee of 10
percent for that service. If the defendant doesnt show up for
trial as promised, the money or property provided as bail
is forfeited.
The bail system is one of the less egalitarian aspects of the
criminal justice system, because people who are well off are
able to secure their release from jail while awaiting trial, and
the poor have to remain in jail, often for months, until their
Lesson 3
61
trial date. Thus, even innocent people can wind up being

punished for crimes before having a chance to have their day
in court. Bail cant be used deliberately to punish people; it
must be set only as high as reasonably needed to secure the
defendants presence at trial. The amount of bail generally
increases as the severity of the crime increases or as the
number of previous arrests and convictions in a persons
record increases.
Besides traditional bail, there are other means for courts to
release defendants to secure their return for trial, including
the following:
Release on recognizance (ROR)The defendant is released

on his or her promise to appear in court. When the
court bases a ROR decision on information about the
defendants background and family ties, this type of
release can be very successful.
Conditional releaseThe defendant is released under

certain conditions, such as attending drug treatment
or contacting a court agent regularly.
Unsecured bailThe defendant has to pay the bail

amount only if he or she fails to show up in court.
Privately secured bailA private organization or individual

posts bail for the defendant (similar to a bonding agent,
but without the fees).
Under rare circumstances, a defendant may not be given the

opportunity to post bail. One such circumstance would be if its
clear, after a hearing, that the community would be safer with
the defendant locked up. Another circumstance would be when
the defendant would be likely to flee the jurisdictionif the
defendant isnt a U.S. citizen or has fled before, for example.
These defendants are incarcerated until their trial is over and
theyve been found not guilty or have been sentenced.
Pretrial Services
Pretrial services are programs that provide information to the
judge or magistrate to help in determining whether certain
defendants should be released before trial or not. With the
62
increase in jail crowding, these services are important to

ensure that the right people are kept in jail and those who
arent dangerous are released to make room for others.
Indictment
In many jurisdictions, if a defendant has been charged with
a crime that carries a maximum possible penalty in excess
of one year in prison, the prosecution needs to secure an
indictment. That means going before a grand jury, a special
jury whose job is to confirm or deny the prosecutors written
accusation against the defendant. Members of the grand jury
are picked from the pool of prospective jurors but wont serve
on the trial jury. The prosecutor has to show that a crime has
been committed and that the defendant should be charged
with committing that crime. If the grand jury agrees, by
majority vote, it issues the indictment. Having to meet this
requirement leads prosecutors to make sure that they have
enough evidence to secure the indictment, so the weaker
cases tend to be dropped, and prosecutors generally succeed
in getting an indictment. The defendant usually isnt present
at a grand jury proceeding.
An indictment is a
written accusation
that the defendant
has committed a
crime.
In jurisdictions where the grand jury system isnt used, the

equivalent of the indictment is the information. Its basically the
same idea, except that the evidence is presented to a magistrate
who has to rule on it. The information is issued after a preliminary hearing. A judge or magistrate then decides whether there
is sufficient probable cause that a crime occurred and that
the defendant should be charged with having committed it. A
preliminary hearing is public unless the defendant requests
otherwise, whereas the hearing proceedings are closed.
Arraignment
At the arraignment hearing, the judge formally informs the
defendant of the charges and makes sure the defendant has
an attorney. The defendant would then need to enter a plea
of guilty, not guilty, or nolo contendere. If the defendant pleads
guilty, the judge must make sure that he or she understands
the consequences of this action and the constitutional rights
Lesson 3
63
he or she is giving up by making the plea. The judge also

must be satisfied that the plea is voluntary before accepting
it. If the defendant refuses to plead, a plea of not guilty is
entered by the court.
Plea Bargaining
The defendant may change his or her plea at a later date,
often because in exchange for pleading guilty, the defendant
is convicted of a lesser crime or receives a shorter sentence
(plea bargaining). Another type of plea bargain is one in which
the charges are dropped or suspended, subject to the defendants participation in a treatment program or abiding by
certain rules of conduct. While plea bargaining relieves a
great deal of pressure on the courts time, some regard it
as inherently corrosive to the option of a trial, since the
deals are struck privately. However, a judge has to approve
of the plea bargain.
Both the prosecutor and the defendant must keep any
promises made in the plea bargaining process. Otherwise,
the bargain can be reversed. For example, if the prosecutor
promises to recommend a lesser sentence, and then doesnt,
the defendants guilty plea will be reversed. Similarly, if the
defendant breaks a promise to testify against someone, the
promised leniency can be withdrawn.
The decision to offer a plea bargain or not is up to the
prosecutor. The decision to accept it is, of course, up to the
defendant. For a plea bargain to be accepted by the court,
the defendant must have an attorney advising him or her
during the negotiations.
Pretrial Diversion
Pretrial diversion programs allow the criminal proceedings
against the defendant to be suspended while he or she is
placed in a treatment program under court supervision.
Diversion programs include drug treatment, anger management, and youth counseling, among others. Eligibility is based
on the seriousness of the crime, whether the defendant is a
first-time or habitual offender, and whether he or she is likely
64
to cooperate. If a person sent to pretrial diversion fails to

comply with the terms for avoiding prosecution, then he
or she likely would face prosecution on the charges (its a
judgment call that the prosecutor makes). If the person has
completed the diversion without trouble, the charges should
be dropped.
Adjudication
Defendants have a constitutional right to a jury trial. The
jury decides questions of fact, by evaluating the reliability
of evidence. The defendant might waive (give up) this option,
perhaps because of the seriousness of the case or in the
belief that a judge is better able to handle the complexities of
the proceeding. Many cases in the lower courts, involving
misdemeanors and traffic violations, are handled without a
jury. The judge is responsible for all questions of law that are
dealt with at trial and for instructing the jury on the law
as it applies to the case.
The determination of
guilt or innocence is
called adjudication.
Jury selection occurs once the trial has formally begun.

Prospective jurors are questioned as to whether they feel
they can rule dispassionately (impartially) in this kind of a
case. If the answer is no, they can then be excused for cause.
Prosecution and defense can ask for the removal of prospective jurors for no specific reason. Those peremptory challenges
are limited in number and cant be used to discriminate
against a particular class of prospective jurors. Given the
possibility that outside influences may affect the jurys ability
to evaluate the evidence impartially, the jurors might be kept
isolated from the community (sequestered) until the trial has
ended.
Constitutional Rights
Based upon rights contained in the Fourth, Fifth, Sixth,
Eighth, and Fourteenth Amendments to the Constitution,
defendants may exercise certain rights available during a trial.
Lesson 3
65
66
The defendant can cross-examine witnesses, as a way of

challenging whether the testimony and witnesses can be
trusted. This is one of the fundamental rights of the
accused under the Constitution. Only in cases of children
traumatized by sexual abuse can a witness give testimony
without being face to face with the defendant.
There must not be a great delay between the charging

of the defendant for committing a crime and legal proceedings to resolve that charge. The time periods within
which trials must be completed are set by statute.
The defendant has the right to a jury trial. This right can
be, and often is, waived in less serious cases. In cases
tried in state courts, where the potential sentence is less
than six months, theres no constitutional right to a jury
trial. The number of jurors varies between 6 and 12. The
decision to convict must be unanimous in the federal
court system, all but two of the state court systems, and
in cases decided by 6 jurors.
Defendants have the right to have an attorney assist in

their defense. They also have the right to act as their
own attorneys (called pro se). While defendants dont
have to have a lawyers assistance during trial, many do
take advantage of that right. Attorneys can not only use
their knowledge of the law to help their clients, but can
also advocate for the client during trial. The Supreme
Court has recognized that such a right has limited value
if a defendant cant afford a lawyer, so jurisdictions have
to provide counsel to indigent defendants.
Trials have to be open to the public. This, however,

sometimes raises the issue of whether the defendant
can get a fair trial, because of publicity surrounding the
proceeding. To protect a defendants right to a fair trial,
the parties may agree to hold preliminary hearings in a
closed court to prevent details of the case from being
leaked by the media. The issue of whether trials should
be televised remains controversialadvocates say it
educates the public and fulfills the defendants right to a
public trial; opponents say it leads to a sensationalistic
atmosphere and can prejudice prospective jurors.
Trial Procedure
As a matter of procedural law, trials happen according to a
set sequence.
1. Jurors are selected. Selection must be made from a pool
of individuals randomly chosen from the populace
through voter registration, for example. Potential jurors
cant be removed solely because of their race or gender.
While the Constitution requires that jurors be impartial,
it doesnt require that they be completely ignorant of
the circumstances of the case. Still, attorneys try to
choose jurors with as little prior knowledge of the case
as possible.
2. The lawyers for both sides make opening statements,
which tell the judge and jury the case that they plan
to present. The prosecutor usually goes first. In a bench
trial (trial before a judge only), the opening statement is
often omitted.
3. The prosecution will present its evidence first, since
it initiated the criminal proceeding and has to prove
each element of the crime beyond a reasonable doubt.
Prosecution witnesses are questioned by the prosecutor
in a process called direct examination. Defense gets to
cross-examine those witnesses and to challenge evidence
as its submitted to the judge for review.
4. If the prosecution fails to present its case successfully,
the defendant can ask for a finding of not guilty without
producing any evidence of its own by entering a motion
for a directed verdict (where the judge orders the jury to
find the defendant not guilty). So, the defendant could
do no more than challenge the evidence presented in
the prosecutions case and then be found not guilty.
5. Often, however, the defendant needs to present a case
that could weaken or completely undermine the prosecutions case by providing an alternate interpretation of
the evidence or by discrediting prosecution witnesses.
The prosecution has the right of cross-examination here.
The defendant isnt required to testify; however, if the
defendant takes the stand to testify, the prosecutor can
cross-examine the defendant like any other witness.
Lesson 3
67
6. Two types of evidence are presented in trialstestimonial

evidence, where witnesses and experts tell what they saw
or what they know about the case, and real evidence,
where physical objects related to the case are presented,
such as a murder weapon, a shipment of drugs, or documents. Such evidence can be direct, like a videotape of
the defendant robbing a bank, or circumstantial, like
documents showing the defendants bank account
receiving a large inflow of funds from an unknown
source right after the robbery.
7. After the defense finishes its case, the prosecutor can
present rebuttal evidence. The defense, in turn, can
rebut the rebuttal evidence (called surrebuttal).
8. The attorneys then make closing arguments, pointing out
to the jury what happened at the trial and what that
meant for each sides case. The closing arguments can
include inference and argument, unlike the opening
statements, which must present only facts. The defense
goes first, followed by the prosecution.
9. The judge then instructs the jury on the components of
each criminal charge and the principles of law that they
need to consider, so that during deliberations, jurors can
determine whether the prosecution met its burden of
proof beyond a reasonable doubt.
10. The jury deliberates (discusses and ponders) on the verdict. Usually, all the jurors must agree for a guilty verdict
in a criminal case. If the jurors cant agree, the trial will
end with a hung jury, and the prosecution will have to
retry the case with a new jury if it wants a conviction.
11. The jury issues a verdict of guilty or not guilty. In rare
instances, the judge may modify the verdict if he or she
thinks the jury made a mistake.
12. The judge would then enter the verdict into a judgment.
13. If the defendant is found not guilty, he or she is released
from the criminal process, and the process comes to an
end. The prosecution cant appeal a verdict of not guilty.
68
14. If the jury returns a guilty verdict, the judge needs to

consider what type of punishment (sentence) would be
appropriate. Often, the judge relies on a presentence
investigation report, which provides additional information for the judge to design a sentence appropriate to the
crime and to the defendant. Sometimes, the sentence is
specified by statute, and the judge has very little discretion to give a different sentence. If the defendant is free
on bail, he or she will remain so until the sentence is
handed down.
15. Guilty defendants have an automatic right to an appeal.
The appellate court reviews the trial court proceedings
to see if any errors of law occurred during the trial. If
the appeals court finds error, it doesnt retry the case,
but returns it to the trial court with instructions on
how next to proceed. The appeals court could affirm the
judgment. The defendant then may have another round
of appeals available with a higher court, although this
appeal may not be automatic.
Reasonable Doubt
The standard for convicting a defendant in a criminal trial
is proof beyond a reasonable doubt. This means that theres
no realistic likelihood that the defendant is innocent. The
phrase reasonable doubt is used rather than no doubt,
because its meant to exclude spurious, theoretical doubt
the victim could have stabbed himself 27 times, for example,
but its so unlikely as to be ridiculous.
Reasonable doubt is used as a standard rather than the civil
law standard of preponderance (majority) of the evidence, to
decrease the chance of factual errors convicting an innocent
person. The premise is that since every person is presumed
innocent until proven guilty, its preferable to let some guilty
people go free because the evidence against them was weak,
than to convict innocent people and subject them to punishment they dont deserve.
Lesson 3
69
Self-Check 8
1. What does it mean when we say The United States has a dual court system?
__________________________________________________________
2. How many district courts are there in the United States?
__________________________________________________________
3. What are the seven canons of the judicial code of conduct?
__________________________________________________________
4. Define bench trial.
__________________________________________________________
5. Explain what a writ of habeas corpus is.
__________________________________________________________
6. In the state court system, what is the court of last resort?
__________________________________________________________
7. Explain the difference between a prosecutor and a defense attorney.
__________________________________________________________
8. What is a grand jury indictment?
__________________________________________________________
9. What is the purpose of preventive detention?
__________________________________________________________
(Continued)
70
Self-Check 8
10. When is a preliminary hearing used, and what is its purpose?
__________________________________________________________
11. Describe the grand jury and its purpose.
__________________________________________________________
12. Explain nolo contendere.
__________________________________________________________
13. Define subpoena.
__________________________________________________________
14. What is the difference between venire and voir dire?
__________________________________________________________
15. What is a hung jury and why is it considered a bad outcome?
__________________________________________________________
Lesson 3
71
ASSIGNMENT 9SENTENCING,
APPEALS AND THE DEATH
PENALTY
Read this assignment. Then read pages 305338 in your
textbook.
Punishment
Having found the defendant guilty, a judge needs to design a
punishment appropriate to the crime and to the individual.
Cultures have considered and applied a range of punishments
for crime over the centuries. Banishment, death, and hard
labor werent uncommon, although less serious penalties also
existed. Punishments today may not go to such extremes
as exile or torture; in fact, such punishments are unconstitutional as cruel and unusual punishment under the Eighth
Amendment. Imprisonment is today the most common form
of penalty and, in some jurisdictions, the most serious. In
other jurisdictions, execution is the most severe punishment,
used for only the most serious crimes.
Theories of Punishment
General Deterrence
The American legal system starts with the premise that people
are rationalthey evaluate a situation and choose the path
that produces the greatest reward at the lowest cost. So,
punishment might be so costly to a defendant that some
people are deterred from committing crime. The idea of general
deterrence is that people who see others punished for a crime
will think twice before committing that crime themselves.
72
Incapacitation
Incapacitation isolates the defendant from society. Though
this could act to deter criminals from committing future
criminal acts after their release, it may also be seen as an
expression of societys seeking vengeance and retribution.
While a person is in prison, he or she is unable to commit
criminal acts. This is the justification for the three-strikes
laws that are gaining popularityif a person twice commits
a crime after being released from prison, then, the thinking
goes, its best to keep the person out of society and permanently incapacitate him or her by lifetime imprisonment.
Specific Deterrence
The theory of specific deterrence holds that experiencing
punishment for a criminal act can work to deter a person
from committing crimes in the future. However, theres little
evidence that people are often scared straight by the threat
of punishment for future crimes.
Retribution
The retribution theory of sentencing tries to fit the punishment
to the crime without trying to deter others from crime by making an example of the offender. People are punished for their
past acts, not their potential future acts. Retribution is also
meant to satisfy the victims of crimes so people arent tempted
to exact revenge or take the law into their own hands.
Rehabilitation
Some believe that punishment can work to improve the
defendant, thereby cutting down on future criminality and
returning a productive citizen to society. With rehabilitation
as a goal of sentencing, the punishment isnt meant to fit
the crimeits meant to help the offender learn not to commit
crimes in the future.
Lesson 3
73
Restitution and Equity

Punishment might also recognize the special burden of the
victim of crime; often, that involves paying the victim to
offset the consequences of the crime (restitution). This might
involve paying for medical bills incurred because of the crime
or paying compensation for emotional distress and other
problems suffered as a result of the crime.
Equity may also demand that the offender repay society by
performing community service or by forfeiting property used
in or gained from the crime.
Determinate and Indeterminate

Sentences
The defendant could receive a sentence of imprisonment for a
precise, fixed period of time (determinate) or for a range of time
(indeterminate). For example, a determinate sentence might be
10 years; an indeterminate sentence might be 812 years (the
offender must serve the minimum but can be released before
the maximum). The indeterminate sentence provides added
flexibility, so that a defendant is released when appropriate,
through the mechanism of parole.
Parole is early, conditional release back into society after the
minimum sentence has been served. Parole is granted based
on the defendants efforts, in prison, to engage in rehabilitation.
Parole can be withdrawn if the person breaks one of the
conditions of his or her release, or commits another crime
while on parole. The existence of parole can introduce
inequities and inconsistencies in the sentencing of defendants
by creating variability in the amount of time served for the
same crime by different defendants.
Determinate sentences dont provide for parole. Therefore,
an inmate might have little incentive to participate in rehabilitation. In both indeterminate and determinate sentencing
practices, however, the defendant can still reduce his or her
time spent in prison by accumulating good behavior points.
Determinate sentences arent always the same for the same
crime; rather, the legislature may specify that a sentence for
74
a certain crime be between the minimum of 5 years and the

maximum of 20 years. Based on the defendants individual
case, the judge can give a sentence anywhere in that range.
When a defendant is convicted of multiple crimes, he or
she must be sentenced for each one. The sentences can run
concurrently (at the same time) or consecutively (one after
another). Often, with multiple serious crimes, the sentences
are run consecutively so that the defendant isnt eligible for
parole after only a few years.
Sentencing Reform
Truth in Sentencing
Truth in sentencing laws require a defendant to serve at least
half of the sentence imposed, and they reduce or eliminate
early-release programs like parole and good behavior. They
dont necessarily require that defendants serve their full
sentences, but require much more of the sentence to be
served before early release can be considered.
Three-Strikes Laws
Three-strikes laws require that a person convicted of a third
felonyeven if its a minor onereceive a life sentence. These
laws are controversial because their effectiveness in deterring
crime is unclear, they can create sentences that are out of
all proportion to the crime a defendant is convicted of, and
the cost of housing all these lifetime convicts is enormous.
In addition, many three-strikes offenders are getting life
sentences at the point where statistically theyre likely to
be aging out of crime.
Sentencing Differences
Sentencing inconsistencies can occur because a judge might
look at the defendants social class, age, and gender, and
the identity of the victim. Victims are often able to make a
Lesson 3
75
victim impact statement in the courtroom before the sentence

is decided. In cases where the victim has suffered seriously,
the judge may be less willing to show leniency toward the
defendant. Race shouldnt play any consideration, but studies
show there may be biases against certain ethnicities. On the
other hand, prior convictions and whether the crime involved
violence are factors that can be legally considered when determining a sentence.
Sentencing inconsistencies could be remedied through the use
of mandatory sentencing, where everyone has to receive the
same sentence. Applying such sentences, however, still could
produce inequalities, as defendants often differ in background
and criminal record. A majority of the states have enacted some
type of mandatory-sentencing laws. Whether these laws have
in fact reduced the racial and class differences in sentencing
is a matter of debate. Some prosecutors may be reluctant to
charge defendants with multiple crimes carrying mandatory
sentences because of the excessive sentences that can result.
Sentencing guidelines try to reduce sentencing inconsistency by
providing the judge a system for deciding a sentenceoften a
gridlike chart, with severity of the crime as one measurement
and prior criminal activity on the other. Some states that
use guidelines use a voluntary system, where the judge can
choose to use the guidelines or not, while in other states
judges are required to use them.
Capital Punishment
Capital punishment is unique among penalties, since the
defendant receives a sentence of deaththeres no remedy
if an offender is found to be innocent after the sentence has
been carried out. Defendants can receive the death penalty
only if convicted of first-degree murder.
Imposing such a sentence has always been a source of
controversy. Some consider it just deserts, arguing that it
has a deterrent effect, is proportional to the harm caused,
prevents a defendant from murdering again, represents a
moral judgment, reflects public concern, and is unlikely to
be a result of error.
76
Others believe it reflects barbarism, that theres no option

to correct errors after the execution, that theres no demonstrated deterrence, that it might fall disproportionately on
certain segments of society, that its expensive (since the
appeals process takes years), and that it often doesnt punish
the real threats to society, who often accept a plea bargain to
avoid execution.
Recent advances in technology have clearly established that
over 100 people on death row (the prison unit where only
inmates condemned to die are kept) didnt commit the murders that they were convicted of committing. Because of the
high rate of overturned convictions, in January 2003 the
governor of Illinois commuted all death sentences in the
state to life in prison, stating that the system was so deeply
flawed, it was immoral to allow it to continue putting people
to death. In the weeks leading up to this decision, he also
pardoned several inmates who were wrongly convicted and
had collectively spent decades on death row.
In some states, such as Virginia, appeals to convictions, even
capital convictions, cant be brought because of prohibitions
on offering new evidence once 21 days have passed after
sentencing. Considering the many people on death row in
America who have been proven innocent after years of incarceration, is it fair to have such strict procedural obstacles to
appeals based on innocence?
The U.S. Supreme Court regularly addresses this topic.
The Court has said only trials which deal separately with
the issue of guilt and of punishment, and consider certain
predetermined factors when weighing punishment, can
reduce arbitrariness and randomness in such proceedings.
guide. When youre sure that you completely understand
the information presented in these assignments, complete
your examination for Lesson 3.
Lesson 3
77
Self-Check 9
Questions 110: Fill in the blanks.
1. When a defendant has to serve a/an _______ sentence, the defendant knows exactly when
the sentence will end.
2. When a judge has no discretion to determine the nature or length of a sentence, then the
defendant will receive a/an _______ sentence.
3. The basic purpose of the _______ sentence is to individualize each sentence in the
interests of rehabilitating the offender.
4. _______ sentences mean that the defendant serves more than one sentence at a time.
5. The theory of _______ assumes that a defendant has to be isolated from society to
minimize the harm he or she could cause in the future.
6. Presumptive sentencing allows a judge some discretion on sentencing. However, his decision
is subject to _______.
7. With _______, a defendants sentence can be reduced.
8. When a defendant serves a second sentence only after having completed a sentence
for another crime, the defendant is serving _______ sentences.
9. The theory of _______ holds that defendants deserve to do the time if they had to do
the crime.
10. The most _______ sentence used in the United States is capital punishment, or execution.
78
Lesson 3
The Courts
40632800
1. What case set the age of 18 as the minimum for the application of the death penalty?
A.
B.
C.
D.
In re Winship
McKeiver v. Pennsylvania
In re Gault
Roper v. Simmons
2. Evidence favorable to the accused that must be provided by

the prosecutor to the defense attorney is called
A. ex post facto.
B. nolle prosequi.
C. discovery.
D. exculpatory.
3. Which of the following is referred to as the court of last

resort?
A.
B.
C.
D.
The
The
The
The
U.S. Supreme Court

U.S. Superior Court
U.S. District Court
Circuit Court of Appeals
Examinat
io n
Examination
EXAMINATION NUMBER:
79
4. Most state supreme courts are made up of _______ judges.

A. four
B. five
C. seven
D. nine
5. Selecting judges according to the Missouri Plan means judges are nominated, then
A.
B.
C.
D.
appointed, and finally subject to election.

appointed.
elected.
recommended by the governor for election.
6. The courts power to hear a particular type of case comes from its _______ jurisdiction.
A. special
B. subject matter
C. appellate
D. original
7. _______ are far more common than the formal trial process.
A. Acquittals
B. Appeals
C. Pretrial conviction
D. Plea negotiations/bargaining
8. If prosecution fails to meet its burden of proof, then defense counsel can ask for a/an
A. new trial.
B. appeal.
C. directed verdict.
D. concurrence.
9. How many Circuit Court of Appeals are there in the Federal Court System?
A. 9
B. 10
C. 12
D. 50
10. The primary purpose of establishing a state oversight body for the indigent defense
system is to
A.
B.
C.
D.
enter into more plea bargains for clients so as to avoid the costs of trial.
ensure independence of the legal process both politically and judicially.
be able to apply to Congress for funding.
expedite visits to clients in jail.
11. What is the type of bail where the defendant deposits a percentage of the bail amount,
typically 10 percent, with the court?
A. Bail bonding
B. Capias
C. Release on recognizance
D. Pretrial release
12. Capital punishment can be imposed only if the defendant committed which of the
following crimes, with aggravating circumstances?
A. Capital murder
B. Second-degree murder
80
C. Rape
D. Armed robbery
13. The written order directing a law enforcement officer to arrest a person is called the
A. complaint.
B. grand jury indictment.
C. information warrant.
D. arrest warrant.
14. The three strikes and youre out rule is a form of

A. determinate sentence.
B. truth-in-sentencing.
C. mandatory sentencing.
D. presumptive sentencing.
15. If a defendant claims that drugs were illegally seized but the trial court admitted the
drugs into evidence, then where can the defendant go to challenge the decision of the
trial court?
A. A drug court
B. A specialty court
C. A court of limited jurisdiction

D. An intermediate appeals court
16. What is the name of the group who has been called for jury duty?
A. The voir dire
B. The venire
C. The sequestered
D. The jury
17. An appellate court proportionality review of a case is designed to

A.
B.
C.
D.
affirm or overturn a conviction.

determine whether all admitted evidence was legally obtained.
negate the death penalty.
reduce disparity in death penalty sentencing.
18. One reason that sentencing guidelines are criticized is that

A.
B.
C.
D.
they exclude the possibility of parole.

the actual time in prison can be reduced.
theyre too detailed and cumbersome to apply.
they produce an unusually harsh prison system.
19. The most common way for the U.S. Supreme Court to decide what cases it will hear is
A.
B.
C.
D.
via appeals.
by granting a writ of certiorari.
by reviewing every case filed.
according to the presidents recommendation.
20. The Supreme Court ruled that . . . claims of actual innocence based on newly discovered
evidence [are not] grounds for ordering a new trial in death penalty cases in
A. Herrera v. Collins.
B. Robins v. Louisiana.
C. Henderson v. Morgan.
D. Coker v. Georgia.
81
NOTES
82
Corrections
LEARNING OBJECTIVES
Appreciate the range of and need for sanctions that

reflect the magnitude of the offense
Explain how probation works as a process, a sentence,

and an agency
Describe the nature of and different types of intermediate sanctions, which are imposed on offenders
who pose a greater risk to the safety of the community
Follow the development of correctional institutions

in Europe
Explore how America instituted correctional reforms
Discuss the different goals that imprisonment must try

to meet
Analyze the composition of prison populations
Evaluate the impact that the prisoners rights

movement has had on the operation of contemporary
correctional institutions
Examine institutional treatment programs offered

to offenders
Discuss events that lead to prison violence and how

the recognition of prisoners rights has altered the
circumstances under which violence occurs
Lesson 4
The term corrections suggests that punishment can change,

or correct, those convicted of a crime. The twentieth century
saw changes in the philosophy of corrections, the nature of
correctional institutions, and the population of prisons. Life
in prison involves adapting to a highly structured environment.
The process of leaving such a structured environment and
returning to the community, however, proves to be a problem
in itself.
83
ASSIGNMENT 10INSTITUTIONAL
CORRECTIONS
textbook.
History of Prisons
Although many of the early developments in the use of
correctional institutions occurred in Europe, the concept of
correctional reform first appeared in America. Prisoners were
no longer forced to pay for their food and services. The emphasis on physical punishment and torture gave way to the idea of
incarceration, under pressure from reformers concerned about
inhumane treatment of criminals. Psychological discipline was
the goal. Military-style discipline and order was maintained,
with prisoners marching in formation from place to place. In
some systems, prisoners were kept in solitary confinement
continuously, either let out of their cells for exercise for an
hour a day or not allowed out at all. In other systems, prisoners worked in their cells or in common rooms.
Inevitably, the use of prisoners for cheap labor led to abuses.
Prison administrators were corrupt and interested in enriching
themselves, while the availability of cheap prison labor kept
wages in general low. In the late 1800s, labor unions began
opposing trade in goods produced by prison labor.
The primary design concern for prisons focused on the perceived threat that the offender posed to the community; that
threat also dictated the level of training and supervision of
correctional officers.
Correctional systems have evolved to reflect a deepening
understanding about the need for and type of correctional
facilities. Some early facilities served as little more than
holding pens for inmates. At others, inmates were provided
with rehabilitation and job training, with the hope of reducing
future criminal activity.
84
Types of Correctional Facilities

Jails
Jails are primarily lower-security institutions that house people
convicted of misdemeanors and people awaiting trial, sentencing, or hearings. Sometimes inmates of higher-security prisons
are housed in jails when the prisons are too crowded. People
awaiting transfer to mental hospitals or juvenile detention
facilities are also held in jails. Jails are usually administered
at the county or city level.
Prisons
Prisons are organized on the federal and state levels. There
are three types of prisons, based on the level of security and
the nature of the prisoners:
Maximum security
Medium security
Minimum security
Maximum-security prisons are intended for the most dangerous

offenders. Cell blocks are sealed off from each other at night.
Prisoners are closely supervised, and activities like recreation
and socializing are considered privileges that can be revoked
for misbehavior. Some maximum-security facilities have even
more secure sections (called supermax or maxi-maxi) where
inmates are kept in solitary confinement for all but one or
two hours of the day and have no access to exercise equipment
or other recreational facilities. More and more, jurisdictions
are building separate facilities to handle offenders considered
too dangerous for the usual maximum-security prison. These
prisons, also called supermax, are designed to be small and
manageable.
Medium-security prisons resemble maximum-security prisons
but arent as tightly secured. Prisoners may be able to have
more visitors, and more contact with visitors, than in
maximum-security facilities. There are also more rehabilitative
opportunities and more treatment personnel.
Lesson 4
85
Minimum-security prisons dont have the armed guards and

high walls of the other types of prisons. Inmates have a lot
more freedom to move around, often reporting to activities
when summoned instead of being escorted by guards.
Rehabilitation and job training is encouraged. Prisoners
may have personal possessions in their dormitories.
Minimum-security prisons are for nonviolent offenders
who arent considered to be a danger to the community
or at high risk of escape.
Prison Farms
Prison farms and camps have been used in the South and
West since the nineteenth century. Prisoners grow crops,
maintain parks, fix roads, and fight forest fires.
Boot Camps
Boot camps usually are geared toward young people and are
modeled after military training camps. They emphasize physical
training and discipline, trying to promote responsibility and
self-control. Some programs include treatment and follow-up
supervision, but not all do. The effectiveness of these programs
is still under debate.
Community Correctional Facilities

The goal of community correctional facilities is to help inmates
reintegrate into society by making at least some of their prison
experience take place within the community. Halfway houses
are community facilities that try to ease prison inmates back
into society and help them reintegrate, so theyre less likely to
wind up back in prison. Community correctional facilities often
have rehabilitation and treatment programs, and may be partially staffed with successful graduates as encouragement for
the people in the facility.
Private Prisons
A more recent phenomenon is the development of private
prisonsprisons run by private companies for profit. Sometimes the facilities are leased to the state and staffed by state
86
employees; more and more, the entire operation is run by the

private company. This development has caused controversy,
leading to questions about how prisons can be run profitably
without lowering the standard of care given to prisoners.
How can a private institution provide security at the same
level as one run by the state and staffed by law enforcement
officers? Who is liable if something goes wrong and an inmate
escapes and hurts someone or is hurt by prison security?
Lesson 4
87
Self-Check 10
1. Which philosopher is credited with the idea that punishment should fit the crime?
__________________________________________________________
2. What is the difference between the Pennsylvania and Auburn systems of the penitentiary
movement?
__________________________________________________________
3. Before 1873, how were women prisoners treated?
__________________________________________________________
4. Construction cost savings of 25 percent is one of the points used to endorse _______.
5. In the last three decades, a boom in the number of people incarcerated has resulted in
_______.
6. The _______ age group makes up the highest percent of both state and federal prison
populations.
7. What is the BOP?
__________________________________________________________
8. What is a classification facility?
__________________________________________________________
9. Identify the different types of prison facilities.
__________________________________________________________
10. What is milieu therapy?
__________________________________________________________
88
ASSIGNMENT 11PRISON LIFE:

INMATE RIGHTS, RELEASE, AND
RECIDIVISM
textbook.
Inmates
The composition of prison populations doesnt mirror society,
which raises issues of resource distribution and fairness.
Young black males are represented in large numbers; women
make up only about 10 percent of the prison population. Many
inmates have suffered physical or sexual abuse in their past,
or have some kind of mental problem. A large percentage have
used drugs regularly.
Innovations in corrections reflect increased concerns about
managing growing inmate populations. The trend of getting
tough on crime has led to an explosion in prison populations,
to the point where the federal government estimates that
5 percent of the U.S. population will have been in prison at
some time in their lives. Courts have ordered overcrowding
in prisons to be alleviated, forcing states to choose between
indiscriminately releasing prisoners or incarcerating only
violent offenders.
Men
Men continue to make up the majority of prison inmates.
Stripped of their freedoms and isolated, inmates develop different strategies for coping with life in prison. This has led
to the development of a social code and an inmate culture.
That culture has changed with the influx of different populations, to create a more racially polarized environment among
the inmates. The strategies that inmates must learn to adapt
to prison life may make it harder for them to rejoin society
and avoid future criminal acts. Furthermore, offenders
released into society may take their prison culture with
them, where its adopted by their cohorts on the streets, and
Lesson 4
89
then reinforced when those cohorts are themselves imprisoned.

Street culture has also infiltrated the prison culture, especially
within racial gangs that form for mutual protection and power.
Women
Women are far less represented in prison populations than
in society. The female prison population is expanding faster
than the male population, however, as female crime rates have
risen and women have received more prison sentences as a
result of get-tough laws. Women receive fewer resources and
encounter more stereotypical treatment in prisons. Although
womens prisons are more likely to be minimum security than
mens prisons, there are fewer rehabilitation and job training
opportunities. The job training that does exist is often limited
to low-paying vocations that are traditionally thought of as
feminine. Women prisoners are also more likely to be placed
on mood-altering medications than are men.
The women in prison have issues distinct from those of their
male counterparts. For example, about 75 percent are mothers,
and many were their childrens sole caregivers. Placing the
mother in prison causes not only the pain of separation for the
mother but also disruption and insecurity for the child, which
can help to send the children on the path to crime. These different issues also account for differences in the prison
subculture.
Most female inmates arent violent and dont engage in sexual
aggression toward other inmates, as happens so often in mens
prisons. Rather, women inmates are more likely to be the
victims of sexual misconduct and rape on the part of male
prison guards and employees. Its difficult to know the true
extent of such victimization, because many rapes go unreported for fear of reprisal, and correctional officers often cover
up for each other. Although such behavior is criminal in most
jurisdictions, the fact that men are placed in positions of
authority over female inmates, and arent prevented by law
from performing searches and having other intimate contact,
means that the problem isnt going to go away.
90
Institutional Treatment Programs

Barriers to the use of rehabilitation and treatment in prisons
include the reluctance of citizens to provide inmates with
perks that are unavailable to poor, law-abiding citizens.
Also, since its not clear which programs work and which dont,
cash-strapped jurisdictions are reluctant to pay for programs
that may not be effective. Most prisons have some form of
treatment for inmates, either group counseling, educational
programs, vocational training, or some kind of counseling for
mental health problems. Often, though, the funds to make
those programs more effective simply arent there.
Special-Needs Inmates
Special-needs inmates include inmates who
Suffer from mental disease
Have below-normal IQ
Are elderly
Have serious diseases such as HIV
Are addicted to drugs
Work-Related Services
Work-related programs for inmates include the following:
Prison industries that help run the prison, such as food

service, laundry, and so on
Vocational training for development of job skills
Work release allows inmates to leave the prison and

attend jobs outside
Private prison enterprisebusinesses are able to use

prisoners as workers in the prison environment
Postrelease employment programsthe correctional institution helps the inmate find and keep a job after release
Lesson 4
91
Prison Control
Correctional Officers
Correctional officers are in a difficult position in that theyre
surrounded by dangerous people and are expected to keep
them under control, yet theyre also expected to have a hand
in treatment and rehabilitation. Many prisons are understaffed,
adding to officers stress. Correctional officers pay is on the
low end of the law enforcement scale, and the job can be
both tedious and dangerous at the same time.
Violence and Prisoners Rights

Violence occurs both at the individual level, where individuals
try to dominate each other through threats, beatings, and
sexual assaults, and at the collective level, where dozens or
hundreds of inmates break into a riot. Overcrowded conditions
and poor prison management may contribute to the incidence
of riots.
Prison violence has raised issues of management and safety
for prison administrators. It has also, in part, led to a greater
examination of prisoners rights. Substantive rights granted
to inmates by the courts include
Access to courts and legal materials
Freedom of expression and the press
Freedom of religion
Adequate medical care
Humane living conditions
Such rights also extend to opportunities that offenders have

for conditional release from prison before completion of a
sentence (parole).
92
Self-Check 11
1. Identify and briefly describe the two theories of how inmate society came to be what it is
today.
__________________________________________________________
2. Describe the prison sub-rosa economy.
__________________________________________________________
3. What are the three roles women commonly adopt to adjust to prison, according to Esther
Heffernan?
__________________________________________________________
4. The first modern prisoners rights case was decided by _______.
5. Wolff v. McDonnell (1974) determined that _______.
6. Define commutation.
__________________________________________________________
7. _______ had the highest rearrest rates.
8. The most common cause of death in prison is _______.
9. Most parole boards are composed of _______.
10. According to the Supreme Court, sexual predators _______.
Lesson 4
93
ASSIGNMENT 12COMMUNITY
CORRECTIONS
textbook.
Alternative Sentences
This assignment looks at the range of criminal sanctions that
are less severe than imprisonment. More people serve probation sentences today because they pose a minimal security
threat and because its more cost effective to keep them in
the community, subject to supervision, than in an already
overcrowded jail. Primarily because of security concerns,
defendants may have intermediate sanctions constraining
their movement about the community.
Parole
Inmates usually are eligible for parole after completing their
minimum sentence, less any good-behavior credits. The decision to release the prisoner may be made by a parole board,
or it may be statutorily mandated. Inmates may be allowed
to have an attorney for the parole hearing, although they
have no right to an attorney, so the state doesnt have to
provide one. The Supreme Court has held that evidence
excluded at trial may be used at parole hearings.
Once released, the offender is supervised by parole officers,
much as probationers are supervised. If any conditions of
release are violated, the parolee can be sent back to prison
to serve the rest of the sentence.
Recidivism rates among parolees are very high, making the
entire system controversialthe public grows angry at prisoners being released before their sentences are over, only to
commit more crimes that would have been prevented had
the inmates served the full sentence.
94
Probation
A sentence of probation means that the offender will be
released back into the community and will be supervised
for a set length of time. There are usually also conditions
that the offender must follow or the probation sentence will
be revoked and the rest of the sentence will be served in
incarceration. For example, a condition of probation may
be that the offender must not possess a handgun. If the
person is caught with a handgun, procedures to revoke
probation may begin.
While sentenced to probation, offenders need to report
regularly to an agent of the court called a probation officer.
The probation officer provides guidance and assistance, and
watches to see that the probationer doesnt get into trouble.
Probation officers also carry out presentence investigations,
which judges rely on to decide what sort of sentence to give
the defendant.
Probation is used because offenders maintain community
ties, the costs are lower than imprisonment, and its a more
humane form of punishment. In many states, probationers
must pay a fee to help cover the costs of community supervision programs. Probation can be revoked, although this
involves a two-step legal process. Most probationers whose
probation is revoked have committed additional crimes while
on probation. Sometimes, these new crimes are serious and
violent, which leads to controversy over the effectiveness
of probation and its appropriateness as a punishment for
violent criminals.
Probation conditions dont violate constitutional rights of the
probationer as long as the conditions have some relation to
the crime and arent capricious. For example, probationers
can be subjected to drug testing, even if the tests werent a
condition of the original sentence. They may also be subject
to being searched by police without cause.
Lesson 4
95
Intermediate Sanctions
The use of intermediate sanctions reflects the fact some offenders pose a greater security risk than others, but not so much
as to require costly imprisonment. These alternative sanctions
include shock probation, a short (3060 days) period of imprisonment followed by longer probation, electronic monitoring,
or house arrest. Intermediate sanctions also include fines, restitution, and residential drug treatment programs. Intermediate
sanctions allow offenders to advance restorative justice by making restitution to victims, they reduce prison overcrowding, and
they provide a sanction fairer and more proportional than other
sanctions for certain cases.
Forfeiture is a punishment that has become popular in criminal
as well as civil cases. The theory behind forfeiture is that
Criminals shouldnt be allowed to profit from their

crimes, so property purchased with criminal proceeds
should be seized
Any property that was used in the commission of a

crime should be seized so it cant be so used again
Especially in drug-related cases, however, forfeiture punishments can be out of all proportion to the crime involved
a person can lose his or her home because someone at a party
had a few ounces of marijuana, even if the homeowner didnt
know about the drugs. Because forfeiture proceedings arent
criminal prosecutions, but are civil in nature, a person can be
forced to pay forfeiture and also be sentenced to prison without
triggering the double-jeopardy clause of the Constitution.
In general, the rights of a person facing criminal forfeiture
are fewer than those of a defendant at trial, partly because
forfeiture proceedings are considered to be prosecutions
against the property, not the personand property has no
constitutional rights.
96
Restorative Justice
Restorative justice attempts to keep the resolution of a criminal
problem within the community where the crime happened.
Victims should tell their stories, and criminals should compensate them in some way, so that criminals understand the
consequences of their actions and the damage they caused.
Accepting responsibility may then help criminals to reintegrate
into society and abandon criminal activities.
Congratulations! Youve completed Lesson 4. Now review the
missed any answers or you feel unsure of the material, review
the assigned pages in your textbook and this study guide.
When youre sure that you completely understand the
information presented in these assignments, complete
your examination for Lesson 4.
Lesson 4
97
Self-Check 12
a. Home confinement
_____
1.
Defendant is released into the community,

under supervision
_____ 2.
Defendant has to pay money to the victim
_____ 3.
Defendant can leave for short periods to
b. Halfway house
c. Monetary restitution
d. Temporary release
participate in approved community programs
e. Intensive probation supervision

f.
_____ 4.
stay home
_____ 5.
_____ 6.
Community service restitution
Defendant is in the community but has to
Defendant is in the community but has to
g. Day reporting center

h. Intermediate sanction
appear at a facility regularly
i.
Defendant punishment is based on what he
j. Day fine
Probation
or she earns
_____ 7.
Defendant has to work to benefit the public
_____ 8.
Defendant lives in a controlled environment

less secure than prison
_____ 9.
Involving very frequent contact with a

supervisor in the community
_____10.
Isnt as tough as prison but is more

harsh than probation
98
Lesson 4
Corrections
40632900
1. The penitentiary concept was originally put into wide practice in

A. England.
B. the United States.
C. Milan.
D. Wales.
2. The decision about which institution in a jurisdiction an

offender will go to begin his or her term of incarceration is
made at the
A.
B.
C.
D.
regional office of the BOP.

community corrections and detention division.
BOP central office in Washington, D.C.
classification facility.
3. One of the criticisms waged against cocorrectional facilities is

that
A. women prisoners are offered few, if any, economic or
educational advantages.
B. male prisoners are not supervised efficiently, putting
women at risk.
C. pseudofamilies established by the women are negatively
affected.
D. the prison normalizes the environment by integrating the
sexes in the daytime.
Examinat
io n
Examination
EXAMINATION NUMBER:
99
4. What percentage of state prison inmates report having some kind of mental problem?
A. 15 percent
B. 24 percent
C. 43 percent
D. 56 percent
5. Homosexual activity in womens institutions is based on

A.
B.
C.
D.
the predominance of homosexual women in prison.

affection.
dominance.
pseudofamily roles.
6. If a probationer violates the terms of his or her probation, he or she may be subject to
A. mandatory jail time.
B. restitution.
C. revocation.
D. community service.
7. Money penalties keyed to an offenders net daily income are called

A. damages.
B. fines.
C. day fines.
D. forfeitures.
8. One kind of community correctional facility is a

A. halfway house.
B. minimum-security prison.
C. work camp.
D. jail.
9. Who conducts the presentence investigation?

A. Probation agency
B. Parole officer
C. Defendants lawyer
D. Treatment supervisor
10. _______ was credited with the idea that people should know precisely what punishment was prescribed for specific offenses and that the severity of that punishment
should fit the crime.
A. William Penn
B. Graeme Newman
C. John Howard
D. Cesare Beccaria
11. In what case did the U.S. Supreme Court rule that censorship of a prisoners mail
could happen only during certain specific situations?
A. Cooper v. Pate
B. Johnson v. Avery
C. Procunier v. Martinez
D. OLone v. Estate of Shabazz
12. Offenders who are sentenced to two years of _______ must pass through a series of
phases that become progressively less restrictive.
A. minimum security imprisonment
B. traditional probation
100
C. shock probation
D. intensive-supervision probation
13. One of the criticisms of assigning first-time nonviolent white-collar offenders to federal
halfway houses instead of prisons was
A. it discouraged real rehabilitation.
B. it allowed wealthy offenders to circumvent sentencing guidelines.
C. communities were up in arms about having halfway houses in their
neighborhoods.
D. 40 percent of the halfway house residents failed to complete their programs
successfully.
14. If someone has been sentenced to nonsecure community corrections, then that person is
A.
B.
C.
D.
on residential probation.
under house arrest.
under intensive probation supervision.
in prison.
15. Clemmer identified the process of assimilation of a new inmate into the existing prison
culture as
A. the importation model.
B. institutionalization.
C. prisonization.
D. subculture shock.
16. Which of the following punishments is considered an intermediate sanction?

A. Probation
B. Home confinement
C. Suspended sentence
D. Incarceration
17. Prerelease programs that allow inmates to participate in furloughs in order to search
for a job have been shown to
A.
B.
C.
D.
have no effect on recidivism rates.

reduce the risks to public safety after release.
decrease the likelihood that an inmate will return to drug and alcohol abuse.
increase the risks to public safety.
18. The median educational level of both federal and state inmates is
A. 12 years.
B. eighth grade.
C. some high school.

D. sixth grade.
101
19. Which of the following typically lasts 90180 days?

A. A suspended sentence
B. Probation
C. Shock incarceration
D. Parole
20. Most regard John Augustus as the contemporary originator of

A. parole.
B. suspended sentences.
102
C. intermediate punishment.
D. probation.
Additional Issues in
Criminal Justice
LEARNING OBJECTIVES
When you complete this lesson youll be able to
Describe the history of the development of the juvenile

justice system
Consider the scope of juvenile court jurisdiction, especially

from a contemporary perspective
Discuss how the police process juvenile offenders
Explain juvenile waiver
Outline the juvenile trial process
Describe what issues exist and may yet exist with

juvenile justice
ASSIGNMENT 13
JUVENILE JUSTICE
textbook.
History of Juvenile Justice

Parens patriae is a philosophy that society has an interest
in the care of a child, separate from but similar to the
parents interest. This philosophy originated in medieval
England. Today, efforts at serving the best interests of the
child must respect rights accorded to juveniles under the
U.S. Constitution.
Lesson 5
With juvenile justice, society expresses conflicting impulses

those of acting in the best interests of the child and of ensuring
public safety. That conflict gets complicated when additionally considering what constitutional rights juveniles should
have.
103
Historically, society has tried to provide better treatment for

children. In the 1500s, poor laws were passed in England
that provided for poor or neglected children to be indentured
as servants to families that trained them in a trade. Chancery
courts dealt with child custody cases among the wealthya
nobleman could have his children taken from him if he was
disgraced, for example. Children who committed crimes were
treated the same as adults, subject to the same punishments.
Poor laws and the idea of parens patriae were adopted in
early America as well.
The child-saving movement of the 1800s was meant to provide
opportunities for destitute children and save them from a life
on the streets. Yet these attempts often involved subjecting
juveniles to harsh conditions in reform schools. In addition
to institutionalizing destitute children, reform schools also
took in delinquent and criminal youth. Reformers recognized
that issues involving juveniles contrasted sharply with issues
of adult criminality; that led in part to the development of
the first juvenile court in Illinois in 1899.
Juvenile Courts
History
Early juvenile courts were very different from adult courts
constitutional rights werent considered, rules of evidence
were more lax, and the goals were to prevent juvenile crime
and rehabilitate juvenile offenders. In a series of decisions in
the 1960s and 1970s, the Supreme Court established that
juveniles have many of the same due-process rights as adults.
Purpose
Issues involving juveniles are different than those involving
adults. The juvenile court resolves issues where children
104
Need services
Have committed offenses that are unique to their age

(status offenses like truancy)
Have committed the equivalent of a typical crime

(delinquency)
With status offenses and delinquency, courts have to examine

issues of search, arrest, detention, bail, plea bargaining, and
trial. Courts dealing with children in need of services often
collaborate with social service agencies to secure a more
stable and safe environment for the children.
Jurisdiction
Juvenile courts have jurisdiction over children up to a
certain age (16, 17, or 18), which is set by statute. In some
jurisdictions, certain serious offenses are outside the juvenile
courts jurisdiction and must be handled in adult court. Other
jurisdictions allow transfer of juvenile cases involving serious
crimes to adult courts. Juvenile courts are established by state
statute, so there are many differences in the law between
jurisdictions.
Processing the Juvenile Offender

Each person involved in responding to a childs criminal conduct
has discretion whether to direct the child to services or to
forward the case for legal disposition. Police officers focus on
the consequences of charging the juvenile. Less serious cases
like petty crimes or nonviolent disputes will often be handled
without involving the court system. Although police must follow
constitutional rules when taking a child into custody, school
officials can perform random searches and seizures without
violating the Fourth Amendment. The Miranda decision has
been held to apply to children.
Intake officers are responsible for deciding whether a child
referred to the court system by police should be handled by
the court or should be placed in treatment instead. Intake
officers often act like probation officers in the adult system,
trying to see that the child gets services but is also under
supervision.
Most juveniles are released into their parents custody, but
some are placed into detention centers until trial. In most
states, a hearing is held first, at which the child has the right
to an attorney. Over the decades, a concerted effort has
Lesson 5
105
been made to keep status offenders out of detention centers

holding delinquents. The problem of juveniles being housed
in adult jails remains, however, despite laws requiring
separate facilities.
Waiver of Jurisdiction
In some instances, prosecutors can seek to have a childs
case transferred to an adult court (called waiver). Judges
may find that they need to resolve a childs case finally,
where the child has exhausted each prior opportunity for
resolution. Criteria for waiver vary among jurisdictions,
but generally depend on the childs age and the crime
committed. Because of the consequences of waiver,
juveniles have a right to due process at waiver hearings.
Juvenile Trials
Society believes that contact by juveniles with the legal system
can have a traumatizing effect. So society seeks to protect
the privacy of children by keeping court documents out of
public view and by holding hearings in private. Juvenile
court records are sealed after the juvenile reaches adulthood.
Even different labels are used to describe a childs progress
up to and through the adult equivalent of a trial. For example,
a child doesnt go through an adult criminal trial, but faces an
adjudicatory hearing. Sentencing is referred to as disposition.
Disposition and Treatment

In-community treatment is preferred for juvenile nonviolent
and status offenders. Most delinquent offenses result in
probation. Restitution has also become popular, where in
addition to probation, the offender must perform community
service or repay the victim.
The worst crimes lead to commitment (imprisonment) in juvenile
institutions. If children are traumatized due to their contact
with the legal system, the trauma would grow worse if juveniles
were placed in adult prisons. If juveniles have to be kept out
of society, theyre sentenced to secure detention facilities that
are smaller in scale than their adult counterparts and are
populated only by juveniles. Some states have created
106
separate systems for violent juvenile offenders, whereby

theyre sentenced to facilities where theyre kept separate
from both adult and regular juvenile offenders. These facilities are populated by the most chronic and violent offenders.
The trend in sentencing has been toward more determinate
sentences, which usually means longer periods in detention
for the worst offenders. Some offenders are detained in
juvenile facilities until they reach adulthood, when theyre
transferred to adult prison.
Institutionalized juveniles have been held in several courts
to have a right to treatment while in detention. Some states
have made great strides in replacing institutionalization with
smaller, in-community treatment programs. These programs
are believed to have less chance of turning juvenile delinquents
into sophisticated adult criminals.
Interest continues in devising a more effective means of
responding to juvenile offenses. While trying to advance the
best interests of the child, society also recognizes the need to
keep society safe.
Lesson 5
107
Self-Check 13
a. Disposition
_____ 1.
Sending a case from

juvenile court to an
_____ 2.
adult court
c. Houses of refuge
Being held pending
d. Transfer
court disposition
_____ 3.
Juvenile equivalent
of parole
_____ 4.
b. Adjudication
Juvenile equivalent
e. Waiver
f.
Detention
g. Aftercare
h. Parens patriae
of a sentence
_____ 5.
State as parent
_____ 6.
Juvenile equivalent
of a trial
_____ 7.
Designed to prevent
pauperism
_____ 8.
Transfer of a juvenile offender

to criminal court for prosecution
as an adult
108
ASSIGNMENT 14THE FUTURE

OF CRIMINAL JUSTICE IN THE
UNITED STATES
textbook.
As you learned in Chapter 1, Herbert L. Packer, a distinguished

law professor at Stanford University is credited with proposing
Two Models of the Criminal Process (113 U. PA. L. Rev. 1,
1964): the crime control model and the due process model.
The crime control model is designed to protect the rights of
law-abiding citizens by stressing efficient apprehension and
punishment of criminals. The due process model is designed
to protect the rights of the accused by presenting formidable
impediments to carrying them past each step in the legal
process. The future of criminal justice depends on which of
these models will be adopted as this countrys primary
philosophy. Since September 11, 2001 and since the establishment of the Office of Homeland Security and the passage
of the USA Patriot Act, its possible that the crime control
model will win out.
With the crime control model, we can expect that arrests
without probable cause will increase, there will be more
allowable exceptions to Fifth Amendment protections, and
Miranda v. Arizona (the reading of ones rights) could be
overturned entirely. Community policing will expand and
increase. the presumed right of privacy in this country
may go by the wayside as crime-fighting agencies gain more
leeway to conduct surveillance operations on ordinary citizens. (It should be known that there is no explicit right
to privacy in the Constitution). With twenty-first century
advances in technology, such surveillance activity will
become easier.
Does the crime control model play a part in the passage of
the American Recovery and Reinvestment Act of 2009 (Recovery
Act)? This Act was signed into law in February 2009 in
response to an economic crisis due in part to fraudulent
business practices in the banking and money management
industries in the United States. Modernization of the nations
Lesson 5
109
infrastructure and protection of those in greatest need are

two of its several objectives. Consider that the Act provides
$2.7 billion to the Office of Justice Programs, $1 billion to the
Community Oriented Policing services (COPS) program, $224
million to the Office on Violence against Women, and $10
million to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
The due process model poses that advances in technology,
particularly with regard to surveillance operations, will be
limited. The tenets of Miranda v. Arizona will be strengthened. Good-faith exceptions against self-incrimination wont
be allowed, and good-faith exceptions to the exclusionary
rule could be eliminated. DNA data will be collected only
from criminals and from criminal justice personnel (not when
applying for a position, but upon being hired).
guide. When youre sure that you completely understand the
information presented in these assignments, complete your
110
Self-Check 14
1. Miranda v. Arizona will be strengthened under this model of law enforcement.
__________________________________________________________
2. One of the advances in technology allows the police to use _______ to handle bombs.
3. Due process model proponents are more likely to argue for the _______ of the grand jury.
4. What are the three changes criminal courts may be forced to make as a result of changing
demographics?
__________________________________________________________
5. Describe arbitration.
__________________________________________________________
6. A strategy in which disappointment is expressed for the offenders actions is called _______.
7. The GAO has determined that identity theft affects between _______ and _______ people
per year.
8. Describe the USA Patriot Act.
__________________________________________________________
9. A quarter of the FBIs 11,000 agents have been reassigned to work on _______.
10. The United Nations estimates that transnational organized crime groups bring in about _______
a year.
Lesson 5
111
NOTES
112
EXAMINATION NUMBER:
40633000
1. According to a number of studies, which of the following

statements is false?
A. How youths behave towards the police influence whether
or not an arrest is made.
B. An arrest may be made simply because of who the
complainant is.
C. Girls are less likely than boys to be arrested for criminal
offenses.
D. Girl status offenders are less likely than boy status
offenders to be formally processed.
2. In what case did the Supreme Court rule that a finding of
delinquency in a juvenile case must be made with the same
level of evidence used in an adult case: beyond a reasonable
doubt?
A. Schall v. Martin
B. Breed v. Jones
C. In re Winship
D. In re Gault
Examinat
io n
Examination
Lesson 5
Additional Issues in Criminal Justice
113
3. A juvenile may serve the rest of a sentence during

A. detention.
B. aftercare.
C. intake.
D. reduction.
4. In what case did the Supreme Court say that juveniles arent entitled to a jury trial?
A. McKeiver v. Pennsylvania
B. New Jersey v. T.L.O.
C. Schall v. Martin
D. In re Winship
5. After police processing, the juvenile offender is typically remanded to the local juvenile
courts _______ division.
A. intake
B. detention
C. bail
D. plea bargaining
6. When a juvenile court is looking out for the best interests of the child, what philosophy is the court applying?
A. Due process
B. Parens patriae
C. Delinquency prevention
D. Waiver
7. In what case did the Supreme Court establish that the hearing on whether to transfer
a case to criminal court is a critically important stage in the juvenile justice process?
A. Kent v. United States
B. Breed v. Jones
C. In re Gault
D. In re Winship
8. The maximum prison at the Guantanamo Bay Naval Base in Cuba is

A. Supermax.
B. Abu Ghraib.
C. Camp Delta.
D. Camp Clandestine.
9. From a legal perspective, if you receive an e-mail claiming that theres a problem with
your Internet account and that you should update your billing information through a
link embedded in that e-mail, youre most probably experiencing
A. spam.
B. phishing.
C. dumpster diving.
D. shoulder surfing.
10. Restricting the development of the DNA database is a focus of

A.
B.
C.
D.
the conservative approach.

crime control law enforcement.
JUMP advocates.
proponents of the due process model of law enforcement.
11. About how many juveniles are being held in residential facilities?
A. 100,000
B. 125,000
114
C. 150,000
D. 200,000
12. The juvenile equivalent of a trial is called

A. detention.
B. a waiver hearing.
C. aftercare.
D. adjudication.
13. The most important case to impact and enhance the due process protections of
juveniles within the juvenile court system was
A.
B.
C.
D.
Kent v. United States.

Miranda v. Arizona.
In re Gault.
Commonwealth of Pennsylvania v. Fisher.
14. When prosecutors postpone or eliminate criminal prosecution in exchange for a juvenile
offenders participation in community service programs, this is called
A. discretion.
B. plea bargaining.
C. diversion.
D. disposition.
15. The State of Illinois created the first juvenile court in what year?
A. 1818
B. 1819
C. 1847
D. 1899
16. To receive a waiver to transfer a juvenile offender to the adult courts, a prosecutor
must generally
A.
B.
C.
D.
prove beyond all doubt that the offense was committed deliberately by the juvenile.
show that the juvenile has had a long record of criminal behavior.
demonstrate that the juvenile presents a danger to society.
provide a birth certificate showing the child is older than 13.
17. The first correctional institutions devoted exclusively to youth incarceration were
A. training schools.
B. cottage reformatories.
C. poor houses.
D. houses of refuge.
18. One of the concerns with trying juveniles as adults is

A.
B.
C.
D.
difficulty of the transfer process of some states.

whether the juvenile is intellectually competent to assist in his or her defense.
difficulty in getting the parents to agree to the transfer.
limitations of the plea bargaining process that will result.
115
19. The vast majority of adjudications are

A. dismissed.
B. uncontested.
C. bench adjudications.
D. tried by jury.
20. The philosophy that justifies state intervention in the lives of children when their
parents are unable or unwilling to protect them is
A. parens dire.
B. petit jury.
116
C. capias.
D. parens patriae.
Self-Check 1
2. Reflects traditional conservative values. The control of

behavior is the most important function of criminal justice.
3. Some crime stories are likely to remain news stories for
a long time. Sensational crime stories, however, dont
provide a very accurate image of the types of crime
by which the average citizen is victimized. They dont
accurately depict the kinds of crime to which the police
respond on a daily basis.
4. Police, courts, corrections
5. A politically defined geographical area
6. An institution to persuade people and a not-so-subtle
means to abide by the dominant values of society
7. A case decided by a judge instead of a jury
8. The conditional release of prisoners before theyve served
their full sentences
9. 18%
10. In the Middle Ages, it was believed that guilt could be
determined through trial by ordeal. The accused might
be required to walk barefoot over hot coals or hold a
piece of red-hot iron. The absence of injury was believed
to be a sign from God that the person was innocent.
Self-Check 2
1. Criminal intent; a guilty state of mind
2.
Acted under duress

Was underage
Was insane
Acted in self-defense or in the defense of a third party
Was entrapped
Acted out of necessity
A ns we r s
1. One of Packers two models of criminal justice. It embodies

traditional liberal values. The principal goal is at least as
much to protect the innocent as it is to convict the guilty.
117
3. Felonyrelatively serious offense punishable by death, a

fine, or confinement in a state or federal prison for more
than one year.
Misdemeanora lesser crime that isnt a felony punishable
by no more than a $1,000 fine and one year of incarceration, either in a county or city jail.
4. dark figure of crime
5. Murder and nonnegligent manslaughter, forcible rape,
robbery, aggravated assault, burglary, larceny-theft,
motor vehicle theft, arson
6. An act that is illegal for a juvenile but would be no crime
if committed by an adult
7. Provide a detailed picture of crime incidents, victims,
and trends from the victims perspective
8. intangible costs: pain, suffering, and reduced quality of
life
9. 90%
10. Avoiding going to certain places or neighborhoods that
they might have otherwise wanted to go
Self-Check 3
1. The explanation of criminal behavior, as well as the
behavior of police, attorneys, prosecutors, judges,
corrections officers, victims, and others in the criminal
justice process
2. protecting the rights of humankind from corruption and
excesses of the existing legal institutions
3. Biological, psychological, sociological
4.
118
Human behavior is determined and not a matter of

free will.
Criminals are fundamentally different from
noncriminals.
Social scientists can be objective or value-neutral in
their work.
Crime is frequently caused by multiple factors.
Self-Check Answers
Society is based on consensus but not on a social

contract.
5. The study of criminal human beings

6. has no sense of guilt or conscience, and no sense of
right and wrong
7. Assumes that human beings are basically good even
though theyre sometimes influenced by society to act
badly.
8. sociological theory
9. positive reinforcement, negative reinforcement, extinction,
punishment, and modeling or imitation
Self-Check 4
1. g
2. a
3. e
4. j
5. i
6. d
7. h
8. f
9. c
10. b
Self-Check 5
1. England
2. shire reeve
3. Robert Peels Principles of Policing
1. The police must be stable, efficient, and organized
along military lines.
2. The police must be under governmental control.
Self-Check Answers
119
3. The absence of crime will best prove the efficiency of

police.
4. The distribution of crime news is essential.
5. The deployment of police strength both by time and
area is essential.
6. No quality is more indispensable to a policeman than
a perfect command of temper; a quiet, determined
manner has more effect than violent action.
7. Good appearance commands respect.
8. The securing and training of proper persons is at the
root of efficiency.
9. Public security demands that every police officer be
given a number.
10. Police headquarters should be centrally located and
easily accessible to the people.
11. Policemen should be hired on a probationary basis.
12. Police records are necessary to the correct distribution
of police strength.
4. August Vollmer
5. A technical and management system that aims to make
the police better organized and more effective crime
fighters. It combines innovative crime analysis and
geographic information systems with the latest management systems.
6. PEPPASProtect life and property
Enforce the law
Prevent crime
Preserve the peace
Arrest violators
Serve the public
7. Former Pennsylvania governor Tom Ridge
8. Department of Homeland Security
9. Contract securityCompanies that offer protective services
for a fee to people, agencies, and companies that do not
employ their own security personnel
Proprietary securityProvides protective services for the
entity that employs them
10. None
120
Self-Check Answers
Self-Check 6
1. Preventive patrolPatrol with little direction, unsystematic
and observant in an attempt to both prevent and ferret
out crime; also known as random patrol
Directed patrolOfficers are given guidance or orders on
how to use their patrol time
Aggressive patrolOfficers stop and question pedestrians and motorists they find in suspicious circumstances
Foot patrolofficers patrol their beats on foot
2.
Locate witnesses and suspects

Arrest criminals
Collect, preserve, and analyze evidence
Interview witnesses
Interrogate suspects
Write reports
Recover stolen property
Seize contraband
Prepare cases and testify in court
3. The use of computer technology to commit crime

4. Street level enforcement
5. Federal law enforcement agencies
6. Government has exaggerated the dangers of illegal drug
use; government has erroneously claimed that illegal
drug use and crime is connected; the drug war is racist;
the money involved in the illegal drug trade has corrupted
many law enforcement personnel
7. Community Oriented Policing Services
8. The systematic use of terror or unpredictable violence
against governments, publics, or individuals to attain a
political objective
9. Make no concessions to terrorists; bring terrorists
to justice; isolate and apply pressure on states that
sponsor terrorism to force them to change; bolster the
counterterrorist capabilities of those countries that
work with the United States and require assistance
Self-Check Answers
121
Self-Check 7
1. Intelligence, integrity, and interaction skills
2. 50%
3. increasing the percentage of women
4. without cause
5. Nature of the crime, departmental policies, relationship
between victim and offender, amount of evidence, preference of the victim, demeanor of the suspect, legitimacy
of the victim, socioeconomic status of the complainant
6. A form of suicide in which a person gets fatally shot
after intentionally provoking police officers
7. A measure of coercion beyond that necessary to control
participants in a conflict
8. Grass eaterofficers who occasionally engaged in illegal
or unethical activities such as accepting small favors,
gifts, or money for ignoring violations of the law during
the course of their duties
Meat eateractively seeks ways to make money illegally
while on duty. Solicits bribes, commits burglaries, or
manufactures false evidence for a prosecution
9. Bribery, chiseling, extortion, favoritism, mooching, perjury,
prejudice, premeditated theft, shakedown, shopping
10. The police unit that ferrets out illegal and unethical
activity engaged in by the police
Self-Check 8
1. One system of state and local courts and another system
of federal courts
2. 94
3. Canon 1A judge should uphold the integrity and independence of the judiciary.
Canon 2A judge should avoid impropriety and the
appearance of impropriety in all activities.
122
Self-Check Answers
Canon 3A judge should perform the duties of the office

impartially and diligently.
Canon 4A judge may engage in extra-judicial activities
to improve the law, the legal system, and the administration of justice.
Canon 5A judge should regulate extra-judicial activities
to minimize the risk of conflict with judicial duties.
Canon 6A judge should regularly file reports of compensation received for law-related and extra-judicial
activities.
Canon 7A judge should refrain from political activity.
4. Trial without a jury
5. An order from a court to an officer of the law to produce
a prisoner in court to determine if the prisoner is being
legally detained or imprisoned
6. State supreme court
7. The prosecutor is responsible primarily for the protection
of society, and as the most powerful actor in the administration of justice, decides whether theres enough
evidence to support a conviction
8. A written accusation by a grand jury charging that one
or more persons have committed a crime
9. Holding suspects or defendants in jail without giving
them the opportunity to post bail because of the threat
they pose to society
10. Used only in felony cases; used for a judge to determine
whether there is probably cause to support the charge
imposed by the prosecutor; defendants have no right to
be heard by a jury.
11. Generally a group of 1223 citizens who meet in closed
sessions to investigate charges coming from preliminary
hearings; primary purpose is to determine whether the
is probable cause to believe that the accused committed
the crime.
12. Latin for no contest. Defendants dont admit guilt but
are willing to accept punishment.
Self-Check Answers
123
13. A written order to testify issued by a court officer

14. Venirethe pool from which jurors are selected
voir direthe process in which potential jurors who
might be biased or unable to render a fair verdict are
screened out
15. This is the result when jurors cant agree on a verdict;
the judge declares a mistrial. The prosecutor must
decide whether to retry the case. Judges dislike them
because they result in a huge waste of time and money.
Self-Check 9
1. determinate
2. mandatory
3. indeterminate
4. concurrent
5. incapacitation
6. appellate review
7. good time
8. consecutive
9. just deserts
10. severe
Self-Check 10
1. Beccaria
2. The Pennsylvania system was an early system of U.S.
penology in which inmates were kept in solitary cells
so they could study religious writings, reflect on their
misdeeds, and perform handicraft work. The Auburn
system was also an early system of U.S. penology in
which inmates worked and ate together in silence during
the day and were placed in solitary cells in the evening.
124
Self-Check Answers
3. Little effort to establish separate facilities for women;

women were confined in segregated areas of male prisons
and received inferior treatment
4. Construction or adoption of private correctional facilities
5. The construction of dozens of new prisons
6. 2534
7. Federal Bureau of Prisons
8. A facility to which newly sentenced offenders are taken
so that their security risks and needs can be assessed
and they can be assigned to a permanent institution
9. Maximum security, supermax, Camp Delta, medium
security, low security, minimum security
10. A variant of group therapy that encompasses the total
living environment so that the environment continually
encourages positive behavioral change
Self-Check 11
1. There are two theories about to the origins of inmate
society. The deprivation model contends that it arises
in response to the prison environment and the painful
conditions of confinement. The importation model holds
that inmate society is shaped by factors external to the
prison environment, specifically, preprison experiences
and socialization patterns that inmates bring with them
to prison.
2. The sub-rosa economy is the secret exchange of goods
and services among inmatesthe black market of the
prison.
3. The square, the life, and the cool
4. Cooper v. Pate
5. inmates facing loss of good time for rule infraction arent
entitled to the same due process protections as in a
criminal trial.
6. Reduction of the original sentence given by executive
authorityusually a states governor
Self-Check Answers
125
7. Motor vehicle thieves

8. natural causes
9. members who are appointed by the states governor
10. may be confined indefinitely even after theyve completed
their sentences so as to protect society
Self-Check 12
1. i
2. c
3. b
4. a
5. g
6. j
7. f
8. d
9. e
10. h
Self-Check 13
1. d
2. f
3. g
4. a
5. h
6. b
7. c
8. e
126
Self-Check Answers
Self-Check 14
1. Due process
2. robotics
3. elimination
4. Sensitivity to diversity issues, employment of more interpreters and multilingual staff, increase in the diversity of
its workforce
5. Disputants meet with a third person (the arbitrator) who
has the skills to listen dispassionately to evidence by
both sides and ask probing questions. The arbitrator
imposes a resolution of the dispute which is binding on
all parties.
6. reintegrative shaming
7. 500,000; 700,000
8. The act established the Department of Homeland Security.
The Attorney General is authorized to detain noncitizens
in the U.S. indefinitely without trial, if theres reason
to believe they endanger national security. The act
expanded the governments search and surveillance
powers and eliminated the need for judicial oversight,
the need for warrants and probable cause, the ability
to challenge certain searches in court, and public
accountability.
9. counterterrorism
10. $1.5 trillion
Self-Check Answers
127

Introduction To Criminal Justice: Study Guide

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Introduction To Criminal Justice: Study Guide

Diunggah oleh

Hak Cipta:

Format Tersedia

Study Guide

About the Author

Copyright 2010 by Penn Foster, Inc.

LESSON 1: THE FOUNDATIONS OF

LESSON 2: LAW ENFORCEMENT

LESSON 3: THE COURTS

LESSON 5: ADDITIONAL ISSUES IN

This course is based on the textbook Introduction to Criminal

Additional information and illustrations that pertain

Self-checks to measure your understanding of each

Lesson examinations to be submitted for grading

Name and discuss the components of the criminal

Discuss the nature of crime and victimization

Analyze substantive and procedural criminal law

Review the history of police in society

Explain the organization, role, and function of police

Welcome to Introduction to Criminal Justice. Criminal justice

Discuss issues in policing

Name and discuss the laws that balance law

Discuss the role of judges, prosecutors, and defense

Detail the goals of punishment and sentencing

Discuss noncustodial sanctions, such as probation

Describe the role that correctional institutions have

Discuss what society has done when dealing with

The brief contents, on page vii, and the contents, on

A constitutional issues guide on page xxi, which will be

The body of the text, which includes 14 chapters.

A chapter outline and a list of objectives

Links to useful sites on the Internet

At the end of each chapter, youll find

A list of key terms

In the Field exercises

A glossary of terms, beginning on page G-1, which

Links to Internet information sources

Two indexes, beginning on page I-1, the first organized

Lesson 1: The Foundations of Criminal Justice

Lesson 2: Law Enforcement

Lesson 3: The Courts

Lesson 5: Additional Issues in Criminal Justice

Criminal justice involves the fundamental tension between

Discuss the contemporary criminal justice system

Examine the contrast between the formal and informal

Analyze the different perspectives on criminal justice,

Explain measuring crimes in the context of how crime

Discuss what patterns or trends of criminal behavior

Study the dramatically different theories that try to

Review theories of victimization

Discover the historical development of criminal law

Name and explain the sources of criminal law

Weigh the issue of criminal responsibility

ASSIGNMENT 1CRIME AND

The Criminal Justice System

Introduction to Criminal Justice

From the justice perspective, everyone should be treated

Perspectives in Action: Terrorism

Introduction to Criminal Justice

safety with an interest in due process and the rights of the

1. Describe the due process model of criminal justice.

ASSIGNMENT 2CRIME AND ITS

Introduction to Criminal Justice

what constitutes a crime. Although scholars argue about the

Defenses against Criminal

MNaghten ruleThe defendant was unable to distinguish