Criminal justice: the essentials

288 Pages·2013·2.095 MB·English

by  Lab, Steven P

Criminal Justice
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Criminal Justice
Th e Essentials
THIRD EDITION
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STEVEN P. LAB
Bowling Green State University
MARIAN R. WILLIAMS
Appalachian State University
JEFFERSON E. HOLCOMB
Appalachian State University
MELISSA W. BUREK
Bowling Green State University
WILLIAM R. KING
Sam Houston State University
MICHAEL E. BUERGER
Bowling Green State University
1
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Library of Congress Cataloging-in-Publication Data
Criminal justice: the essentials / Steven P. Lab . . . [et al.].—3rd ed.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-993589-5 (pbk. : alk. paper)
1. Criminal justice, Administration of—
United States. I. Lab, Steven P.
HV9950.C743248 2014
364.973—dc23 2012043669
Printing number: 9 8 7 6 5 4 3 2 1
Printed in the United States of America
on acid-free paper
CONTENTS
preface vii
Chapter 1 Crime, Criminal Justice, and Policy 1
Chapter 2 Issues of Law 24
Chapter 3 Policing and Law Enforcement 49
Chapter 4 Th e Court System 82
Chapter 5 Institutional Corrections 119
Chapter 6 Community Corrections 154
Chapter 7 Th e Juvenile Justice System 186
Chapter 8 Conclusion 223
Glossary 229
Bibliography 253
Index 267
v
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PREFACE
U
ndertaking a revision of this text has proven to be a diffi cult task. For those
who have ever done a book revision it is hard enough when it is a compre-
hensive work of many hundreds of pages. Th en when you need to remove material
or add more material, there is more to work with and more pages to fi ll. Th e book
was originally written to off er an alternative to the expense tomes that are most
intro books. We intended to off er the essential facts as succinctly as possible and
keep the costs down for students. Th e success of the fi rst two editions attest to the
fact that we succeeded in that endeavor. Revising that work, however, leaves us lit-
tle to cut and little room in which to add new material.
In this third edition we have made what changes we can without losing
the intent of the fi rst two editions. Th is has been accomplished in two primary
ways. First, we have revised each chapter. We have cut some material, updated
other material, and added some new topics. Second, we have attempted to pro-
vide instructors and students with a wealth of information on the text’s web site.
Th e site provides access to documents, tables, fi gures, and other materials that we
could not fi t in the text but we felt was important to provide the readers. Th ere are
also self-quizzes for the students, glossary fl ashcards, and suggested web sites and
resources. We have referenced a great deal of this in the text.
NEW TO THIS EDITION
• Each chapter is introduced with a list of things the reader should be able to
do aft er reading the material
• Critical thinking exercises have been revised and new exercises added
• Each chapter includes Web Activities that direct the reader to resources
either on the books dedicated web-site or at a wide range of government
and private sites
• All the material has been updated to refl ect the most recent data available
vii
viii PREFACE
• Chapter 2 has greatly revised materials on the war on terrorism, criminal
liability, cybercrime, and the bill of rights, as well as removing boxes on the
Martha Stewart case and the bill of rights.
• Material on professional policing has been shortened and that on the
community policing era have been revised in Chapter 3. A number of other
discussions have been shortened in order to add totally revised section on
future issues on policing that are emerging today.
• In Chapter 4, several boxes have been deleted. Th e existing section on
Trends in the Court System has been revised and moved to the end of the
chapter. Sections on the use of technology and jury consultants have been
added.
• Chapter 5 has added a section on a new era in corrections and the use of
private corrections in a post 9/11 era.
• Changes in Chapter 6 include a major revision to the discussion on
contemporary community corrections, new material on restorative
justice, major changes to the discussion of community supervision
and intermediate sanctions, and an updated discussion of community
supervision eff ectiveness.
• Chapter 7 has removed several boxes and replaced them with in-text
discussions, made changes to the discussion of delinquency measures, added
material on teen and drug courts, revised the discussion on attorneys in
juvenile court, shortened the discussion of juvenile correctional approaches,
and rewritten the discussion of youthful gangs.
• Th e fi nal chapter has added an entire section on fi scal austerity and the
criminal justice system.
Despite the fact that there is a lot of good material on the web site, the book is
a work in itself and can be used without the web materials. It is up to the readers
and instructors whether to use the materials on the web or not. Hopefully, whether
you use just the printed work or both the book and the materials on the web, you
will fi nd the material useful and informative.
As always, please feel free to let us know what you think about the work and
pass on your suggestions for future editions. It is through your help that we can
make the work responsive to your needs. Of course, we will assume the responsi-
bility for any fl aws. As long as we can remain true to the original goal of an inex-
pensive alternative to introductory tomes, we will strive to meet your needs.
Steven P. Lab
CHAPTER 1
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Crime, Criminal Justice, and Policy
CHAPTER OUTLINE
What Is Crime?
Criminal Justice System Policy
What Is Policy?
Criminal Justice System Philosophy
Th e Classical School
Th e Positivist School
Retribution
Deterrence
Rehabilitation
Incapacitation
Measuring Crime
Offi cial Statistics
Self-Report Statistics
Victimization Studies
A System of Checks and Balances
Individual Liberty versus Societal Civility
Crime Control versus Due Process
Other Competing Ideologies
A Loosely Coupled System
Discretion
Th e Four Cs of the Criminal Justice System (Citizens,
Cops, Courts, and Corrections)
Recent Trends in Criminal Justice
Conclusion
Key Words
Suggested Readings
1
2 CRIMINAL JUSTICE
After reading this chapter, you should be able to
• Defi ne deviance
• Provide examples of informal social control
• Defi ne and diff erentiate between mala in se and mala prohibita
• Defi ne public policy
• Discuss how policies are created
• Demonstrate knowledge of the classical and positivist schools of crimi-
nal justice
• Defi ne and discuss retribution
• Discuss deterrence and its diff erent types
• Discuss the rehabilitation approach to crime
• Defi ne incapacitation
• Identify three methods for measuring crime and discuss each
• Explain what is meant by crime rate
• Discuss NIBRS and how it diff ers from the UCR
• Discuss the NCVS
• Relate the diff erences between crime-control and due-process models
of justice
• Show how the criminal justice system is actually a loosely coupled
system
• Defi ne discretion and its importance to criminal justice
• List the four Cs of the criminal justice system
• Point out how each of the four Cs is an important decision-making com-
ponent of the criminal justice system
• Explain the courtroom work group
• Discuss the due-process revolution
• Discuss the civil rights movement and its impact on criminal justice
• Identify diff erent emerging trends in the criminal justice fi eld
INTRODUCTION
Crime and societal responses to crime present considerable problem in most soci-
eties. Th is chapter introduces some fundamental concepts concerning crime and
criminal justice policy. First, crime and deviance are reviewed. Policy, the method
by which problems are addressed, and the notion of criminal justice policy are dis-
cussed. Th e chapter then presents the diff erent and sometimes contradictory phi-
losophies of criminal justice (the Classical and Positivist schools, and retribution,