330 Hudson Street, NY, NY 10013

Frank Schmalleger, Ph.D. Distinguished Professor Emeritus The University of North Carolina at Pembroke

Criminal Justice A Brief Introduction

Twelfth Edition

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Library of Congress Cataloging-in-Publication Data

Names: Schmalleger, Frank, author. Title: Criminal justice : A Brief Introduction / Frank Schmalleger, Ph.D.,

Distinguished Professor Emeritus, The University of North Carolina at Pembroke.

Description: 12th edition. | Boston : Pearson, [2018] | Includes index. Identifiers: LCCN 2016030348 | ISBN 9780134548623 | ISBN 0134548620 Subjects: LCSH: Criminal justice, Administration of–United States. |

Crime–United States. | Law enforcement–United States. Classification: LCC HV9950 .S34 2018 | DDC 364.973–dc23 LC record available at https://lccn.loc.gov/2016030348

ISBN10: 0-13-454862-0 ISBN 13: 978-0-13-454862-3

SVE ISBN-10: 0-13-455978-9 ISBN-13: 978-0-13-455978-0

For Ava, Malia, Michelle, and Nicole

Part 1 Crime in America Chapter 1 What Is Criminal Justice? 1

Chapter 2 The Crime Picture 22

Chapter 3 Criminal Law 61

Part 2 Policing Chapter 4 Policing: Purpose and

Organization 90

Chapter 5 Policing: Legal Aspects 125

Chapter 6 Policing: Issues and Challenges 170

Part 3 Adjudication Chapter 7 The Courts 212

Chapter 8 The Courtroom Work Group and the Criminal Trial 236

Chapter 9 Sentencing 271

Part 4 Corrections Chapter 10 Probation, Parole, and Community

Corrections 315

Chapter 11 Prisons and Jails 344

Chapter 12 Prison Life 376

Part 5 The Juvenile Justice System Chapter 13 Juvenile Justice 414

iii

Brief Contents

This page intentionally left blank

Preface xv Acknowledgments xxii About the Author xxiii

Part 1 Crime in America Chapter 1 What Is Criminal Justice? 1

Introduction 2

A Brief History of Crime in America 3

The Theme of This Book 6

Freedom or Safety? You Decide. Clarence Thomas Says: “Freedom Means Responsibility” 7

Criminal Justice and Basic Fairness 8

American Criminal Justice: System and Functions 10

The Consensus Model 10

CJ News Surveillance Technology Has Been Blanketing the Nation Since 9/11 11

The Conflict Model 12

American Criminal Justice: The Process 12

Due Process and Individual Rights 13

The Role of the Courts in Defining Rights 13

The Ultimate Goal: Crime Control through Due Process 14

CJ Exhibit Sentinel Events 15

Evidence-Based Practice in Criminal Justice 15

The Start of Academic Criminal Justice 16

Multiculturalism and Diversity in Criminal Justice 16

PaYiNg For it Cost-Efficient Criminal Justice 17

CJ Careers Careers in Criminal Justice 18

Summary 20

Questions for Review 21

Chapter 2 The Crime Picture 22 Introduction 23

Crime Data and Social Policy 23

The Collection of Crime Data 24

The UCR/NIBRS Program 24

Development of the UCR Program 24

The National Incident-Based Reporting System 26

Historical Trends 27

UCR/NIBRS in Transition 30

Part I Offenses 31

Freedom or Safety? You Decide. A Dress Code for Bank Customers? 32

CJ News “Flash Robs”: A Social Media Phenomenon 37

CJ issues Race and the Criminal Justice System 39 Part II Offenses 42

Contents

v

The National Crime Victimization Survey 42

Freedom or Safety? You Decide. Can Citizens Have Too Much Privacy? 43 Comparisons of the UCR and the NCVS 45

Special Categories of Crime 46

Crime against Women 47

Crime against the Elderly 48

Hate Crime 49

Corporate and White-Collar Crime 50

Organized Crime 51

Gun Crime 52

Drug Crime 54

Cybercrime 55

Terrorism 57

CJ Exhibit 2–1 What Is Terrorist Activity? 58 Crime in International Context 59

Summary 60

Questions for Review 60

Chapter 3 Criminal Law 61 Introduction 62

The Nature and Purpose of Law 62

The Rule of Law 63

Types of Law 64

Criminal Law 64

Statutory Law 64

Civil Law 65

Administrative Law 66

Case Law 66

General Categories of Crime 66

Felonies 66

Misdemeanors 66

Infractions 67

Treason 67

Espionage 67

Freedom or Safety? You Decide. Should Violent Speech Be Free Speech? 68 Inchoate Offenses 68

General Features of Crime 69

The Criminal Act (Actus Reus) 69

A Guilty Mind (Mens Rea) 70

Concurrence 72

Other Features of Crime 72

Elements of a Specific Criminal Offense 73

The Example of Murder 74

The Corpus Delicti of a Crime 75

Types of Defenses to a Criminal Charge 76

Multiculturalism and Diversity Islamic Law 77 Alibi 78

Justifications 78

Excuses 80

Procedural Defenses 86

Summary 88

Questions for Review 89

vi Contents

Part 2 Policing Chapter 4 Policing: Purpose and Organization 90

Introduction 91

The Police Mission 91

Enforcing the Law 91

Apprehending Offenders 92

Preventing Crime 92

Preserving the Peace 95

Providing Services 95

American Policing Today: From the Federal to the Local Level 96

Federal Agencies 96

Ethics and Professionalism The FBI Oath 99

State Agencies 99

PaYiNg For it Policing in an Economic Downturn 100

Local Agencies 101

CJ News The Use of Social Media in Policing 102

Fusion Centers 104

Private Protective Services 105

International Police Agencies 106

Police Administration 108

CJ Careers Security Professional 109

Police Organization and Structure 109

Chain of Command 110

Policing Epochs and Styles 111

Policing Epochs 111

The Watchman Style of Policing 112

Freedom or Safety? You Decide. Liberty Is a Double-Edged Sword 112

The Legalistic Style of Policing 113

The Service Style of Policing 113

Police–Community Relations 113

Freedom or Safety? You Decide. Watch Out: You’re on Camera! 114

Team Policing 115

Community Policing 115

CJ Exhibit 4–1 The President’s Task Force on 21st Century Policing 118

Evidence-Based Policing 119

The Kansas City Experiment 119

Evidence-Based Policing Today 121

Discretion and the Individual Officer 122

Summary 123

Questions for Review 124

Chapter 5 Policing: Legal Aspects 125 Introduction 126

The Abuse of Police Power 126

A Changing Legal Climate 127

Individual Rights 128

Checks and Balances 128

Due-Process Requirements 128

viiContents

Search and Seizure 129

The Exclusionary Rule 129

Judicial Philosophy and the U.S. Supreme Court 133

CJ Exhibit 5–1 Plain-View Requirements 138

CJ Careers Patrol Officer 140

Detention and Arrest 140

CJ News Supreme Court Says Police Need Warrant for GPS Tracking 142

Searches Incident to Arrest 143

CJ News Supreme Court Says Police Need Warrants Before Searching Cell Phones 146

Emergency Searches of Persons 146

Vehicle Searches 147

Freedom or Safety? You Decide. Religion and Public Safety 149

Suspicionless Searches 151

High-Technology Searches 152

The Intelligence Function 153

Informants 153

Police Interrogation 154

The Right to a Lawyer at Interrogation 157

Suspect Rights: The Miranda Decision 157

CJ Exhibit 5–2 The Miranda Warnings 158

Gathering of Special Kinds of Nontestimonial Evidence 162

Freedom or Safety? You Decide. Policing in the Age of Social Media 163

Electronic Eavesdropping 164

CJ Exhibit 5–3 The USA PATRIOT Act of 2001 and the USA PATRIOT Improvement and Reauthorization Act of 2005 167

Summary 169

Questions for Review 169

Chapter 6 Policing: Issues and Challenges 170 Introduction 171

Police Personality and Culture 171

Corruption and Integrity 172

CJ issues Rightful Policing 173 Money—The Root of Police Evil? 176

Building Police Integrity 177

Ethics and Professionalism The Law Enforcement Oath of Honor 178 Drug Testing of Police Employees 178

The Dangers of Police Work 179

Violence in the Line of Duty 179

CJ News DNA Sampling Solves Some of the Toughest Cases 180

Risk of Disease and Infected Evidence 180

Stress and Fatigue among Police Officers 182

CJ Careers Police Officer 184

CJ issues The Use of Social Media in Policing 185

Terrorism’s Impact on Policing 186

The FBI’s Joint Terrorism Task Forces 188

Intelligence-Led Policing and Antiterrorism 188

Information Sharing and Antiterrorism 189

PaYiNg For it Cost-Efficient Policing 190

viii Contents

Police Civil Liability 190

Common Sources of Civil Suits 191

Federal Lawsuits 192

CJ News Is the Video Recording of Police Activity in a Public Place Legal? 194

Racial Profiling and Biased Policing 195

Racial Profiling 195

Freedom or Safety? You Decide. Was the NYPD’s Monitoring of Muslim Groups a Form of Religious Profiling? 197

Racially Biased Policing 198

Police Use of Force 199

Deadly Force 200

CJ Exhibit 6–1 Taking Policing to a Higher Standard 201

Less-Lethal Weapons 203

Professionalism and Ethics 204

Ethics and Professionalism The Law Enforcement Code of Ethics 204

Education and Training 205

Recruitment and Selection 206

Ethnic and Gender Diversity in Policing 207

Multiculturalism and Diversity Investigating Crime in a Multicultural Setting 208

Women as Effective Police Officers 209

Summary 210

Questions for Review 211

Part 3 Adjudication Chapter 7 The Courts 212

Introduction 213

History and Structure of the American Court System 213

The State Court System 214

The Development of State Courts 214

State Court Systems Today 215

CJ News State Budget Cuts Wreak Havoc on the Courts 216

The Federal Court System 220

U.S. District Courts 220

U.S. Courts of Appeal 221

The U.S. Supreme Court 222

PaYiNg For it Cost-Efficient Courts 224

Pretrial Activities 224

The First Appearance 224

CJ Careers Surety Agent 226

Multiculturalism and Diversity The International Criminal Court 228

CJ Exhibit 7–1 Nonjudicial Pretrial Release Decisions 230

The Grand Jury 232

The Preliminary Hearing 232

Arraignment and the Plea 233

Plea Bargaining 233

ixContents

Summary 235

Questions for Review 235

Chapter 8 The Courtroom Work Group and the Criminal Trial 236

Introduction 237

The Courtroom Work Group: Professional Courtroom Actors 237

The Judge 239

The Prosecuting Attorney 240

CJ Careers Assistant District Attorney 241 The Defense Counsel 243

Ethics and Professionalism The American Bar Association’s Model Rules of Professional Conduct 248

The Bailiff 248

Trial Court Administrators 248

The Court Reporter 249

The Clerk of Court 249

Expert Witnesses 249

Outsiders: Nonprofessional Courtroom Participants 250

Lay Witnesses 250

Jurors 251

The Victim 252

The Defendant 253

Spectators and the Press 253

The Criminal Trial 254

Procedure 254

PaYiNg For it Cost-Efficient Courts 255 Nature and Purpose of the Criminal Trial 255

Stages in a Criminal Trial 257

Trial Initiation 258

Jury Selection 259

Opening Statements 261

Presentation of Evidence 262

CJ Exhibit 8–1 Pretrial and Post-Trial Motions 264 Closing Arguments 266

Judge’s Charge to the Jury 266

Jury Deliberations and the Verdict 267

CJ News Social Media Pose New Threats During Criminal Trials 268 Multiculturalism and Diversity The Bilingual Courtroom 269 Summary 270

Questions for Review 270

Chapter 9 Sentencing 271 Introduction 272

The Philosophy and Goals of Criminal Sentencing 272

Retribution 273

Incapacitation 274

Deterrence 274

Rehabilitation 274

Restoration 275

x Contents

Indeterminate Sentencing 276

Explanation of Indeterminate Sentencing 276

Critiques of Indeterminate Sentencing 276

Structured Sentencing 277

CJ Exhibit 9–1 Aggravating and Mitigating Circumstances 279

Federal Sentencing Guidelines 279

The Legal Environment of Structured Sentencing 281

Three-Strikes Laws 283

Mandatory Sentencing 284

CJ Careers Medicolegal Death Investigator 285

Sentencing and Today’s Prison Crisis 286

Innovations in Sentencing 287

Questions about Alternative Sanctions 288

The Presentence Investigation 288

The Victim—Forgotten No Longer 290

Victims’ Rights 290

CJ Exhibit 9–2 Victims’ Rights in California 291

Freedom or Safety? You Decide. To What Degree Should the Personal Values of Workers in the Criminal Justice System Influence Job Performance? 292

Victim-Impact Statements 293

Modern Sentencing Options 293

Sentencing Rationales 293

Sentencing Practices 294

Fines 294

PaYiNg For it Cost-Efficient Corrections and Sentencing 296

Death: The Ultimate Sanction 296

Habeas Corpus Review 298

Opposition to Capital Punishment 299

CJ News Death-Row Exonerations Based on DNA Expose Flaws in Legal System 305

Justifications for Capital Punishment 306

The Courts and the Death Penalty 306

CJ News High Costs Lead to Reconsideration of Death Penalty 308

Freedom or Safety? You Decide. What Are the Limits of Genetic Privacy? 311

The Future of the Death Penalty 312

Summary 313

Questions for Review 314

Part 4 Corrections Chapter 10 Probation, Parole, and Community

Corrections 315 Introduction 316

What Is Probation? 316

The Extent of Probation 316

Probation Conditions 317

The Federal Probation System 318

Multiculturalism and Diversity Culturally Skilled Probation Officers 319

xiContents

Freedom or Safety? You Decide. Probation Condition: Do Not Get Pregnant 319

What Is Parole? 320

The Extent of Parole 321

Parole Conditions 322

Federal Parole 322

Probation and Parole: The Pluses and Minuses 323

Advantages of Probation and Parole 323

Disadvantages of Probation and Parole 324

Freedom or Safety? You Decide. Should DNA Links to Unsolved Cases Be Used to Deny Parole? 325

The Legal Environment 325

The Job of Probation and Parole Officers 327

Job Descriptions 327

PaYiNg For it Cost-Efficient Parole 328

The Challenges of the Job 328

CJ Careers Probation Officer 329

Intermediate Sanctions 330

Split Sentencing 331

Shock Probation and Shock Parole 331

Shock Incarceration 331

Ethics and Professionalism American Probation and Parole Association Code of Ethics 332

Mixed Sentencing and Community Service 332

Intensive Probation Supervision 332

Home Confinement and Remote Location Monitoring 333

The Future of Probation and Parole 335

CJ News How GPS Technology Keeps Track of Sex Offenders 336

Changes in Reentry Policies 337

The Reinvention of Probation and Evidence-Based Practices 340

CJ issues Remote Reporting Probation 342

Summary 342

Questions for Review 343

Chapter 11 Prisons and Jails 344 Introduction 345

A Brief History of Prisons 345

Prisons Today 350

PaYiNg For it California’s Public Safety Realignment 351

CJ issues California’s Public Safety Realignment (PSR) Program 354

Prisoners Today 355

Overcrowding 355

CJ News California’s Governor Wants Federal Oversight of Prisons to End 356

CJ issues The Prison Population 357

Selective Incapacitation: A Contemporary Strategy to Reduce Prison Populations 358

Security Levels 359

CJ issues Evidence-Based Corrections 360

Prison Classification Systems 361

xii Contents

The Federal Prison System 361

The Growth of Federal Prisons 365

Recent Improvements 366

Jails 366

CJ issues The Charles Colson Task Force on Federal Corrections 367

Women and Jail 368

The Growth of Jails 368

New Generation Jails 370

Jails and the Future 370

Ethics and Professionalism American Jail Association Code of Ethics for Jail Officers 371

Private Prisons 372

PaYiNg For it Cost-Efficient Corrections and Sentencing 373 CJ Exhibit 11–1 Arguments for and against the Privatization of Prisons 374

Summary 375

Questions for Review 375

Chapter 12 Prison Life 376 Introduction 377

Research on Prison Life: Total Institutions 377

The Male Inmate’s World 378

The Evolution of Prison Subcultures 379

The Functions of Prison Subcultures 379

CJ Exhibit 12–1 Prison Argot: The Language of Confinement 380

Prison Lifestyles and Inmate Types 381

Homosexuality and Sexual Victimization in Prison 382

The Female Inmate’s World 383

Sexual Victimization of Women Prisoners 384

Parents in Prison 385

Gender-Responsiveness 386

Institutions for Women 387

Social Structure in Women’s Prisons 387

Multiculturalism and Diversity The Bangkok Rules on the Treatment of Female Prisoners 388

Types of Female Inmates 389

Violence in Women’s Prisons 390

The Staff World 391

Facts and Figures 391

The Professionalization of Corrections Officers 392

Security Threat Groups and Prison Riots 392

Ethics and Professionalism American Correctional Association Code of Ethics 393

PaYiNg For it The Cost-Benefit Knowledge Bank for Criminal Justice 395

Prisoners’ Rights 397

The Legal Basis of Prisoners’ Rights 398

Freedom or Safety? You Decide. Censoring Prison Communications 399

Grievance Procedures 402

A Return to the Hands-Off Doctrine? 403

Freedom or Safety? You Decide. Should Prison Libraries Limit Access to Potentially Inflammatory Literature? 405

xiiiContents

Issues Facing Prisons Today 407

HIV/AIDS 407

Geriatric Offenders 408

Inmates with Mental Illness and Intellectual Disabilities 409

Terrorism 410

CJ News Radical Islam, Terrorism, and U.S. Prisons 411

Summary 412

Questions for Review 413

Part 5 The Juvenile Justice System Chapter 13 Juvenile Justice 414

Introduction 415

Juvenile Justice Throughout History 416

Earliest Times 416

The Juvenile Court Era 418

Categories of Children in the Juvenile Justice System 419

The Legal Environment 419

CJ News Schools Are Taking Bullying Seriously 422

Legislation Concerning Children and Justice 423

The Legal Rights of Juveniles 424

The Juvenile Justice Process Today 424

Adult and Juvenile Justice Compared 425

CJ Exhibit 13–1 Adult Criminal Case Processing Versus the Juvenile Justice System 426

How the System Works 426

CJ Exhibit 13–2 Juvenile Courts Versus Adult Courts 430

CJ News The Girls Study Group 432

Trends in Juvenile Justice 434

CJ Careers Juvenile Justice Professional 435

CJ issues Evidence-Based Juvenile Justice 436

Summary 437

Questions for Review 438

Appendix A: Bill of Rights A-1 Appendix B: List of Acronyms A-3

Glossary G-1

Notes N-1

Name Index I-1

Case Index I-7

Subject Index I-11

xiv Contents

Preface

Criminal justice is a dynamic field of study. Consider these challenges for instructors and students trying to keep pace with a field that is undergoing continual modification: the ever-evolving nature of crime, our changing understanding of justice, police—community relations in an age of social media, budgetary constraints, ongoing threats to our nation’s security, newly enacted statutes, innovations in enforcement and justice-system technol- ogy, precedent-setting U.S. Supreme Court decisions, a changing American society, and rapidly emerging innovations in correctional practice.

As accelerated change engulfs the American criminal justice system today, it is appropri- ate that a streamlined and up-to-date book like this should be in the hands of students. Quick and easy access to accurate and current information has become a vital part of contempo- rary life. Criminal Justice: A Brief Introduction provides such access through its printed pages and interactive website with videos, point-counterpoint exercises, and numerous other features.

The first edition of Criminal Justice: A Brief Introduction, which was published before the Internet had become the ubiquitous tool that it is today, resulted from the real- ization that justice students need to have current information presented in a concise and affordable source. With each new edition, the availability of up-to-date crime- and justice- related information has increased. Like many of its predecessors, the twelfth edition draws upon the wealth of Internet resources that serve the needs of criminal justice students and practitioners. It ties those important resources to central ideas in the text, expanding learn- ing opportunities far beyond what was possible in the mere 400 pages of the first edition. In particular, URLs printed in the book point the way to criminal justice agencies and organiza- tions on the Internet, as well as to full-text documentation of many critical contemporary issues.

True to its origins, the twelfth edition, which is now available in a variety of print and electronic formats, focuses on the crime picture in America and the three traditional ele- ments of the criminal justice system: police, courts, and corrections. Real-life stories, career information, up-to-date examples and issues, engaging graphics, and interactive media all contribute to this timely and user-friendly introduction to criminal justice. Key features include:

Freedom or Safety? You Decide boxes in each chapter highlight the book’s ever- evolving theme of individual rights versus public order, a hallmark feature of this text since the first edition. In each chapter of the text, Freedom or Safety boxes build on this theme by illustrating some of the personal rights issues that challenge policymakers today. Each box includes critical-thinking questions that ask readers to ponder whether and how the criminal justice system balances individual rights and public safety.

Paying for It boxes, which are found in many chapters, emphasize the financial realities of today’s world—including the need of justice system components to deal with budget shortfalls and limits on available resources.

Evidence-based practices are introduced in early chapters and are stressed through- out the text, including in the book’s sections on policing, the courts, and corrections.

CJ News boxes in each chapter present case stories from the media to bring a true-to- life dimension to the study of criminal justice and allow insight into the everyday work- ings of the justice system.

CJ Issues boxes that provide the information students need to participate in a discus- sion of critical issues facing the justice system, such as excessive use of force by the police, the use of mass imprisonment as a tool of social engineering, and coming changes in the juvenile justice process.

xv

xvi Preface

CJ Careers boxes outline the characteristics of a variety of criminal justice careers in a Q&A format, to introduce today’s pragmatic students to an assortment of potential career options and assist them in making appropriate career choices.

Multiculturalism and Diversity boxes present aspects of criminal justice that are related to the diverse nature of American society and emphasize the need for justice- system personnel capable of working with culturally diverse groups.

Ethics and Professionalism boxes present ethical codes that criminal justice practi- tioners are asked to uphold, highlighting the vital role of moral and ethical standards and behavior in their daily lives and to the high social expectations inherent in justice–re- lated careers. Included are the ethical codes of the American Correctional Association, the American Probation and Parole Association, the International Association of Chiefs of Police, the American Bar Association, and the American Jail Association.

Graphics such as full-color diagrams, illustrations, timelines, and photographs rein- force key concepts for easier understanding and make the chapter topics both under- standable and interesting. In recognition of the visual orientation of today’s learners, we have worked to achieve a comprehensive integration of graphic art with the concepts and ideas of criminal justice. Consequently, the layout and design of the text are highly visual, inviting readers to explore its pages while powerfully illustrating the critical con- cepts that are central to the field of criminal justice.

As the author of numerous books on criminal justice, I have often been amazed at how the end result of the justice process is sometimes barely recognizable as “justice” in any practical sense of the word. It is my sincere hope that the technological and publishing revolutions that have contributed to the creation and development of this book will combine with a growing social awareness to facilitate needed changes in our system and will help replace self-serving, system-perpetuated injustices with new standards of equity, compas- sion, understanding, fairness, and heartfelt justice for all. If you use this book, I’d like to hear from you. Please write to me at the e-mail address below.

Frank Schmalleger, Ph.D. Distinguished Professor Emeritus

The University of North Carolina at Pembroke [email protected]

New to the Twelfth Edition Chapter 1 What Is Criminal Justice? • A new story about the crisis in the justice system engendered by multiple police

shootings of unarmed black men in 2014–2015 now opens the chapter.

• “Procedural fairness” has been added as a new key term.

• The discussion about white-collar and corporate crime has been updated with coverage of Volkswagen’s emissions scandal.

• The new concept of a “sentinel event” that can uncover critical issues in the justice system is now discussed.

Chapter 2 the Crime Picture • The chapter opening story, which features a sheriff’s department that had to meet the

demands of ransom ware hackers, has been changed and updated.

• The table comparing the traditional UCR with the Enhanced UCR/NIBRS Reporting System has been expanded.

• Crime statistics throughout the chapter have been updated.

• The chapter now incorporates the new UC

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