JAMES A. FAGIN
Lincoln College—Normal Normal, Illinois
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Library of Congress Cataloging-in-Publication Data
Fagin, James A. (James Arlie) CJ2011 / James A. Fagin. p. cm.
ISBN-13: 978-0-13-138901-4 (alk. paper)
ISBN-10: 0-13-138901-7 (alk. paper) 1. Criminal justice, Administration of—United States. 2. Criminal law—United States. 3. Juvenile justice, Administration of—United States. I. Title. II. Title: CJ 2011. III. Title: Criminal justice 2012. KF9223.F34 2012 345.73—dc22
is an imprint of
ISBN 13: 978-0-13-138901-4 ISBN 10: 0-13-138901-7
Chapter 1Criminal Justice 3
Chapter 2Crime: Why and How Much 17
Chapter 3Criminal Law Control Versus Liberty 41
Chapter 4Roles and Functions of the Police 55
Chapter 5Police Officers and the Law 75
Chapter 6The Court System 93
Chapter 7Courtroom Participants and the Trial 107
Chapter 8Sentencing 129
Chapter 9Jails and Prisons 155
Chapter 10Probation and Parole 185
Chapter 11Corrections in the Community 205
Chapter 12The Juvenile Justice System 227
Chapter 13Homeland Security 259
the average number of people released from prison each year
Cost to build the Eastern State Penitentiary
tf^ JF" Number of prisoners that
\Jcould be housed in the new building
Chapter 1 CRIMINAL JUSTICE 3
Contemporary Events That Have Shaped the Modern CJS 4 Rioting and the Fear of Crime 4 Civil Rights and War Protests 4 The War on Crime 5
Omnibus Crime Control and Safe Streets Act of 1968 5 Law and Order Versus Individual Rights 6
The Balance Between Individual Rights and the Power of Government 6 Defining the Criminal Justice System 8
Agencies and People 8
Process and Flow 8 Criminal Justice Models 9
Crime Control Versus Due Process 9 The Criminal Justice Process 10
Chapter 2 CRIME: WHY AND HOW MUCH 17
Criminology Theories Timeline 18 Role of Theories in Criminology 18
The Path from Early to Modern Theories of Crime Causation 18
Beccaria and Classical Theory 19
Bentham and Neoclassical Theory 19
Belief in Free Will and Individual Choice 20
The Positive School 20 Biological Explanations 20
Lombroso and Criminality 21
Influence of Biological Determinism 21
Modern Biological Explanations 21 Psychological Explanations 22
Freud and Psychoanalysis 22 Sociological Explanations 22
Social Determinism 22
Social Disorganization as the Cause of Crime 22 Differential Association Theory 23 Social Control Theories 24
Theories based on ihe idea that forces within society—
Freui an the theory that
the motive tor oenaviors may not oe conscious to the person. According to Freud's theory, criminal behavior is only a symptom of an underlying psychological conflict.
n. Relations, social interactions cial expectations, and pressures excited by peers and institutioi not free will, biology, or psychology—-determine criminal behavi
Social Disorganization as the Cause of Crime
Eatly sociologists found crime and the criminal convenient and intei ing subjects for study. The University of Chicago established the first ciology department in the United States. Robert fata Park (1864-1!
Freud's psychoanalytic theory explained criminology as resulting from individual conflict, which leads to feelings of guilt and a desire for \ self-punishment that manifests \, itself in criminal activity.
ne in mate offenders
psychoanalytic theory Vt
social disorganization Bwory ttn
ed by Park and his colli ept ttiat behavior is supports tf» notion ftiat criminal oet ■olied bv dependent en d«mptive soctal force
les the idea that individual cnarattenstcs
Learning Objective Key Terms
Learning objectives are reinforced and summarized throughout each chapter, while key terms run along the base of the page as well.
I| 1945 Prior to World War II, there was little attention focused on the criminal justice system. A decade of prosperity followed the war, and crime remained low.
1955 Rosa Parfcs refused to move -to the back of the bus; her arrest initiated a boycott of public transportation and many acts of civil disobedience.
1964 The Civil Rights Act is -enacted, making it illegal tor businesses, hotels, restaurants, and public transportation to deny citizens service based on their race.
1965 Gallup poll reports mat Americans view crime as the most serious problem in the country.
1968 Omnibus Crime Control and Safe Streets Act is passed.
■ 1961 Civil rights workers attempted to desegregate bus stations and waiting rooms. A bus in which they were traveling was fire-bombed and the demonstrators where beaten. NAACP leader Medgar Evers was murdered.
1965 President Lyndon Johnson declares War on Crime.
"1967 The United States enters the Vietnam War. Political protests against the war generate conflict with police.
1970 National Guard tn re on unarmed student demi on the Kent State Universrh, Four students
Timelines highlight important dates in criminal justice history.
Strain Theory 25 Cultural Deviance Theories 25 Conflict Theories 27 The Other Side of Crime: Victimology 28 The Demographics of Criminal Victimization 28 Situational Characteristics of Victimization 29 Theoretical Explanations for Victimization 29 The Victims' Rights Movement 31
"Victimless" Crimes? Can There Be a Crime Without a Victim? 31 Counting Crime 32 The Uniform Crime Report 33 The National Incident-Based Reporting System 35 Other Sources of Crime Data 35
CRIMINAL LAW CONTROL VERSUS LIBERTY 41
The Rule of Law 42 The Making of Law 42
Federal Criminal Laws 42
State Criminal Laws 43
Local Criminal Laws 43 The Limits of the Law 44 Elements of a Crime 45
Incomplete Crimes, or Inchoate Offenses 46 Criminal Defenses 47 Crimes by Law 49
Chapter 4 ROLES AND FUNCTIONS OF THE POLICE 55
Development of Policing 56
Contemporary Policing 56 Federal Law Enforcement 56
Federal Jurisdiction and Police Powers 57
Military Police 57
Tribal Police 57 Development of Policing 58
Federal Civilian Law Enforcement 58
Other Federal Law Enforcement Agencies 61 The State Police 61
Highway Patrol 61 County Law Enforcement Agencies 62 The City Police: "The Cops" 63
Jurisdiction of Local Police 63
Police Patrol, Crime Prevention, and Other Services 64
Serving Shifts and Districts 64 Special Police 64
Administrative Structure of the Municipal Police 65
Selection of Police Officers 65
Policing Strategies 67 Community Policing 67
POLICE OFFICERS AND THE LAW 75
Procedural Law and Oversight of the Police 76 Rules of Evidence 76
The Exclusionary Rule 76
Fruit of the Poisoned Tree Doctrine 77
Application to State Courts: Mapp v. Ohio 77
Exceptions to the Exclusionary Rule 78 Search and Seizure 78
The Fourth Amendment and the Right to Privacy 78
Search Incident to Lawful Arrest 79
Plain-View Searches 80
Consent to Search 80
Search of Automobiles 81
Search of Persons 81 Other Exceptions to the Warrant Requirement 82
Public Safety Exceptions 82
The Good Faith Exception 82
Issues of Privacy 83
Deadly Force and Fleeing-Felon Doctrine 83 Interrogations and Confessions 84 Waiver of Rights 85
Standards for an Admissible Confession 85 Use of Physical Punishment and Pain 85 The Right to an Attorney 86 Delayed Court Appearance 86 Limits on Deception 86 Miranda Rights 86 Right to Remain Silent 87 Police Lineups 87 Juveniles 87
Interrogations and the War on Terrorism 88 Arrest 88
Entrapment and Police Intelligence Activities 88
Search and Seizure
The rights of the accused are based on rights guaranteed by the U.S. Constitution, state constitutions, and legislation. Often, the Court is called on to interpret the application of these rights to specific actions of the police. Numerous changes in law, society, and technology and science have occurred since the drafting of the Constitution. Inventions si phone, automobile, and the Internet emerged more than 100 years af- | ter the writing of the Constitution, so there is no specific reference In : the Constitution as to how these modern technologies affect the constitutional rights envisioned by the authors of the Constitution. Thus, ■ the Court must often interpret the intent of the Constitution as applied to modern society.
Simple, full-color illustrations serve as visual representations of important topics in the text.
Enemy Combatants 89
THE COURT SYSTEM 93
Foundation and Structure of the Judicial System 94
Dual Court System 94
Civil Versus Criminal Law 95 The Federal Court System 96
Overview of the Federal Court System 96
United States Courts of Appeals 96
The United States Supreme Court 99
Rehabilitation and restoration are more contemporary philosophies defining the purpose of criminal sanctions. Rehabilitation calls for criminal sanctions to "cure" the offender of criminality. The rehabilitation model often is referred to as the medical model in that it views criminality as a disease to be cured. Some believe that rehabilitation of offenders is impossible. Advocates of rehabilitation favor approaches involving psychology, medical treat-
Rehabilitation emphasizes preparing the offender for reentry into society.
Characteristics of the State Court System 101 Courts of Limited Jurisdiction 102 Courts of General Jurisdiction 102 Appellate Courts 102 Courts of Last Resort 102
Chapter 7 COURTROOM PARTICIPANTS AND THE TRIAL 107
The Adjudication Process 108 Jurisdiction 108
Trials in Courts of Limited Jurisdiction 108 Trials in Courts of General Jurisdiction and Federal District Courts 108 Charges and Proceedings Before Trial 111 Determining the Charges: The Police and the Prosecutor 111 Bail 112
Competency to Stand Trial and the Insanity Defense 114
Plea Bargaining 115 Preparation for the Criminal Trial 116
The Sixth Amendment Right to a Speedy Trial 117
The Speedy Trial Act of 1974 118
Rules of Evidence 118 Participants in the Criminal Trial 118
Duties and Rights of Participants 118 The Criminal Trial 120
Justice Is the Goal 124
Chapter 8 SENTENCING 129
Purpose of Criminal Sanctions 130
Restorative Justice 133 The Special Case of Offenders with Mental Illness 134
Defining Insanity 134
The Insanity Defense Reform Act of 1984 1 35
State Courts and the Insanity Plea 135
Public Fear of the Insanity Plea 135 A Fair Sentence 136 Presentence Investigation Report 137
The Offender's Background and Attitude 138
Sentencing Hearing and Victim Impact Statements 138 Sentencing Models 138
Sentencing Models 139
Determinate Versus Indeterminate Sentencing 140 Mandatory Sentencing and Habitual Offender Laws 140 Sentencing Guidelines 141
Presumptive Sentencing 141 Truth in Sentencing 143 Sentencing and the Death Penalty 143 The Death Penalty and Abolitionists 144 The Death Penalty and Civil Rights 145 Challenges to the Death Penalty 145 Reconsideration of the Death Penalty 147
Chapter 9 JAILS AND PRISONS 155
Development of American Jails and Prisons 156
Early Jail Conditions 156
Reform at Last: The Walnut Street Jail 156
Bigger Is Better: Eastern State Penitentiary 157
The Auburn System 157
Southern Penal Systems 158 Contemporary Jails and Prisons 159
The Rising Cost of Incarceration 160 Jails 162
Native American Country Jails 162
Federal Jails 163
City and County Jails 163
Municipal Jails 165 State Prisons 165
Prisoner Classification 165
Special Prison Populations 168
Institutional Racism and Incarceration 170 Federal Prisons 171
The Federal Bureau of Prisons 171
Federal Correctional Facilities 173 Privatization 173 Prison Life 174
Sexual Violence in Prisons 174
Prison Gangs 175
Physical Health in Prisons 176
Mental Health in Prisons 178
Prison Violence 179
Prisons—The Human Cage 180
Chapter 10 PROBATION AND PAROLE 185
States Turn to Diversion, Probation, and Parole 186
Mandatory and Good-Time Release 186
Pardon and Commutation of Sentence 187 Probation 188
Probation Services 189
Decision to Grant Probation 189
HERE'S SOMETHING TO THINK ABOUT
Bail bondsagenls employ private persons to find and return to court defendants who have "jumped bond," meaning they have tailed to show up for their court date. These individuals are private parties, not employees of the court or law enforcement. There are few requirements to become a "bounty hunter" and often little legal oversight of their activities. Should returning persons who have failed to appear for their court dates be a responsibility of the court or law enforcement rather than a private party?
Here's Something to Think About
Current and sometimes controversial topics engage the student, encourage classroom discussion, and promote comprehensive learning.
In 35 states, minors are required to provide DNA samples upon coi viciion. Sixteen states take DNA from persons who have been roi vicred of misdemeanor crimes.
The number of DNA profiles that the FBI database contains as of 2008
Estimated maiiBer of additional profiles per year that the FBI will add to the database by20M
Munibsr of states that collect DNA samples from persons convicted of misdemeanors
Difficulties in Introducing DNA After Conviction The reliability of DNA evidence and the release of wrongfully convicted prisoners, often after serving years on death row, prove the fallibility of the criminal justice system. Often, the inmates who were released had to fight to get the courts
Engaging, pertinent, and interesting data is often buried in text or dull charts. Here we pull out and highlight compelling statistics to pique student interest and encourage critical thinking throughout the entire text.
Advantages of Probation 190
Decisions to Revoke Probation 191 Parole 192
Pros and Cons of Parole 192
State and Federal Parole Boards 194
The Parole Hearing 196
Conditions of Parole 198
Revocation of Parole 199 Supervision of Probation and Parole 200
Social Work and Rehabilitation Skills 200
Measures of Success 200
You Can Lead a Horse to Water, But... 201
Chapter 11 CORRECTIONS IN THE COMMUNITY 205
Why Intermediate Sentences? 206
Incarceration Fails to Prepare Offenders for Reentry 206 Concern for Community Safety 208
Intermediate Sanctions and Community Corrections 209 Intensive Probation Supervision 210 Split Sentencing and Shock Probation 212 Shock Incarceration: Boot Camps 212 Home Confinement and Electronic Monitoring 213 Reentry Programs: Preparing Offenders to Take Responsibility 214 Work Release 215 Education Release 216 Halfway Houses 217 Day Reporting Centers 218 Reentry Programs for Drug Offenders 218 Adult Drug Courts 219 Tribal Drug Courts 220 TASC and RSAT 220 Try, Try Again 222
Chapter 12 THE JUVENILE JUSTICE SYSTEM 227
A Changing View of Young Offenders 228 Development of the Juvenile Justice System 228
Before There Was a Juvenile Justice System 228
Foundations of the Juvenile Justice System 229 The Youthful Offender and the Criminal Justice System 230
Classification of Juvenile Offenders 231
Due Process for Juveniles 231
Privacy of Juvenile Court Proceedings 234 Juvenile Justice System in the Twenty-First Century 234
Juvenile Justice and Delinquency Prevention Act 234
Judicial Waiver: Abandoning the Great Experiment 235
Mens Rea and Youthful Violent Offenders 235
Processing the Youthful Offender Through the System Intake 238
Deciding Between Juvenile and Adult Jurisdiction 239 The Juvenile Intake Officer: Gatekeeper and Counselor 239 Formal Processing 240 Adjudication 241
Detention and Probation (Aftercare) 242
Juvenile Death Penalty 244 The Juvenile as Offender 245
Sociological Explanations 245
OJJDP's Study Group on Very Young Offenders 245
Youth Gangs 246
Juvenile Substance Abuse 249 Schools and Juvenile Violence 250
Strategies for Safe Schools 250
Responding to Violence on School Property 251
Reducing Bullying 252
Increasing Police Presence 252
Some School Safety Programs Create New Problems 252
The Juvenile as Victim 254
Innocence Lost? 254
Chapter 13 HOMELAND SECURITY 259
Terrorism, Homeland Security, and the Criminal Justice System 260
What Is Terrorism? 260
Domestic and International Terrorism 261
Parole After the offender has served a portion _ of his or her jail time a parole board can decide to release the prisoner.___________
Parole Revocation Hearing Prisoners released to the ~~ community are subject to supervision and can be returned to prison if they violate the conditions of their parole.
Probation Revocation Hearing Prisoners released to the community are subject to supervision and can be returned to prison if they violate the conditions of their probation.
Probation After a conviction, at sentencing the judge can decide to suspend the sentence and put the offender on probation rather than sending him or her to jail.
Diversion The defendant is offered an alternative before the trial takes place, such as drug court, boot camp, or a treatment program.
— If the defendant fails to successfully complete the assigned program he or she can be returned to the judge for sentencing.
Complex and process-driven concepts are broken down into visual flowcharts, much like an instructor would draw in a lecture setting.
September 11, 2001: The Tipping Point 262
Capacity of State and Local Criminal Justice Systems Questioned 262
The New Federalism for Counterterrorism 262
Department of Homeland Security: Building a Better Defense 264
Mission and Organization of the Department of Homeland Security 265 Multiple Agency Coordination 265
United States Government Interagency Domestic Terrorism Concept of Operations Plan 265
Responsiblities of Federal Agencies 267
First Responders 267
Intelligence and Homeland Security 268
Post-September 11,2001, Intelligence Reforms 269
Joint Local-Federal Counterterrorism Task Forces 269
Informal Intelligence Networks 269
Fusion Centers 269 Expanding Federal Power to Fight Terrorism 270
Enemy Combatant Executive Order 270
The USA Patriot Act 272 Fortress Urbanism: Terror-Focused Policing 273
Homeland Defense: Straining Police Resources 273
Terrorist Threat Advisories 274 Closing the Borders to Terrorists 275
Sealing the Borders 275
Immigration Control and Enforcement 276
Criticisms of Border Security 277
State and Local Actions to Curtail Illegal Immigration 277
National Identification Card 278
Cyberterrorism and Homeland Security 278 Civil Rights and Homeland Security 279
Fewer Liberties, Greater Security? 279
Free Speech and Protest Versus Terrorism 280
Denial of Due Process 280
Turning the Criminal Justice System Upside Down 282
ENDNOTES EN-1 GLOSSARY 6-1 PHOTO CREDITS PC-1 NAME INDEX N-1 INDEX 1-1
Affordability, Format, Media
We set out to create a brief Introductory CJ book with the following objectives:
• Make it affordable
• Create a text that today's student will want to read
• Integrate powerful media ... /cji
• Clearly and concisely explain key concepts and reinforce throughout
• Show the link between concepts and current events
We have designed a text focused on learning with content that is accessible for today's student. This text focuses on the critical objectives of each chapter and presents them in a way that is clear, visual, and instructional. Too often books are filled with cluttered features, busy pictures, and distracting visuals. Every chart, picture, and illustration in this text serves a purpose—to help the student learn.
We started by organizing the information so that it links together. We wanted to ensure that the student will be able to find the chain of information, beginning with the learning objectives throughout the chapter and on into the summary. We started by matching each learning objective with the information presented in the text segments. Next we aligned information in the end-of-chapter summary with the text and then provided sample questions and media resources that relate directly to those points.
Although we understand that students are often visual learners, we did not want to create a text busy with boxed features and irrelevant pictures. Instead we focused on the core concepts, relevant and recent real world applications, and cases and statistics that will not only peak the students interests, but tie the content in the text to what is happening around them. We then built a format/design that engages the student without sacrificing the necessary academic rigor. The text promotes true learning as opposed to rote memorization and is a source for engaging debates and discussions in the classroom.
To accompany the text, we also offer a powerful, innovative media tool called Criminal Justice Interactive, an online study guide called MyCrimeKit, and all the instructor support you have come to expect from a Pearson product—Instructor Guide with media and supplement correlation, PowerPoints®, Test Bank, and MyTest.
EVERY CHART, PICTURE, AND ILLUSTRATION SERVES A PURPOSE-TO HELP THE STUDENT LEARN,
THE TEXT PROMOTES TRUE LEARNING AS OPPOSED TO ROTE MEMORIZATION AND IS A SOURCE FOR ENCAGING DEBATES AND DISCUSSIONS IN THE CLASSROOM.
Download Instructor Resources from the Instructor Resource Center
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A single tree does not a forest make nor is the author the sum of a book. This adventure to launch a new visual format for the twenty-first century student is a collaborative work of many persons. It is not possible to mention each of the many team members who made this book possible, but I would like to extend my thanks to and acknowledge the contributions of several team members. Two persons who were invaluable in moving this project forward were Eric Krassow and Mary Siener. Eric was responsible for the vision of this new format and provided the guidance and encouragement necessary to bring it to reality. Mary provided amazing support in translating my text on paper into vivid, colorful pages. Her work was essential in providing clarity and focus to complex ideas and processes. I extend thanks to Dr. Chuck Brawner for his work in preparing the supplements that accompany this text. Chuck drew from his many years of teaching and academics to produce materials that are excellent supplements.
The following Pearson team members also contributed in bringing this text to market: Rex Davidson, Lynda Cramer, and JoEllen Gohr. All of them worked diligently to produce the best quality text possible.
Finally, I wish to acknowledge the patience and understanding of my family and friends as I took time that would have been spent with them to create this book.
Dr. James A. Fagin Lincoln College - Normal Normal, Illinois
About the Author
Jim Fagin's experience includes both extensive academic experience and experience as a commissioned law enforcement officer and consultant to numerous criminal justice agencies. In addition, he has been a consultant to numerous major local, state, and federal criminal justice agencies, including the Federal Bureau of Investigation and the United States Secret Service.
Jim Fagin is an expert and consultant on terrorism, computer crime and computer technologies in criminal justice, management, and executive decision making. His other special areas of expertise include community policing, police recruitment, and police performance, including stress management, prison security, and victims' rights.
Jim Fagin received his B.A. degree from the University of Nevada, Las Vegas, and his M.S. and Ph.D. from Southern Illinois University. He has taught criminal justice courses for over 30 years and has been involved in ground-breaking nontraditional and in-service criminal justice education programs for Lincoln College, Wichita State University and Chaminade University of Honolulu.
WHY THE LONG DELAY BETWEEN THE ALLEGED CRIME AND THE CALL FOR JUSTICE?
In 2010, saying, "I want justice served," massage therapist Molly Hagerty called for the prosecution of former Vice President Al Gore for sexual assault.1 Hagerty claims Gore made unwanted sexual advances against her on October 24,2006. Why the long delay between the alleged crime and the call for justice? Why did the Portland, Oregon, police department not pursue prosecution of Gore in 2006? The police reopened the case in 2010, but it was determined there was insufficient evidence to pursue the charges.
The investigation, arrest, and prosecution of an alleged crime is a complex interaction of numerous agencies, laws, and processes shaped by numerous influences including history, philosophy, sociology, economics, and social values. The charging of a person with a crime requires reliable facts which can be proved in a court of law.
This chapter examines the American criminal justice process, the agencies that comprise this system, and the decision points that are critical in processing those who are accused of crimes through the criminal justice system. The criminal justice system can be described as an input-process-output model. The agencies, people, and resources focus on moving people from arrest to final disposition.
What historical events influenced the development of our current criminal justice system?
How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system?
What are the strengths and weaknesses of the U.S. criminal justice system?
What are the steps of the criminal justice system?
THE INVESTIGATION, ARREST. AND PROSECUTION OF AN ALLEGED CRIME IS A COMPLEX INTERACTION OF NUMEROUS AGENCIES, LAWS, AND PROCESSES SHAPED BY NUMjLROUS INFLUENCES.
Contemporary Events That Have Shaped the Modern CJS
1955 Rosa Parks refused to move -to the back of the bus; her arrest initiated a boycott of public transportation and many acts of civil disobedience.
1964 The Civil Rights Act is -
enacted, making it illegal for businesses, hotels, restaurants, and public transportation to deny citizens service based on their race.
1965 Gallup poll reports that Americans view crime as the most serious problem in the country.
1968 Omnibus Crime Control and Safe Streets Act is passed.
1970 National Guard troops open. fire on unarmed student demonstrators on the kent State University campus.
Four students are killed.
1977 A blackout in New York City results in city-wide looting and disorder."
1994 Community Oriented Policing Services (COPS) This legislation provides funds to hire more police. Police presence in urban areas, with an emphasis on foot patrol and community interaction, is increased.
2001 Hijacked commercial ~ airplanes strike the World Trade Center towers and the Pentagon. A third plane crashes in Pennsylvania.
1945 Prior to World War II, there was little attention focused on the criminal justice system. A decade of prosperity followed the war, and crime remained low.
-1961 Civil rights workers attempted to desegregate bus stations and waiting rooms. A bus in which they were traveling was fire-bombed and the demonstrators where beaten. NAACP leader Medgar Evers was murdered.
1965 President Lyndon Johnson declares War on Crime.
■ 1967 The United States enters the Vietnam War. Political protests against the war generate conflict with police.
. 1972 The President's Commission on Law Enforcement and Administration of Justice concludes that most people had lost confidence in the police.
-1992 The beating of Rodney king by Los Angeles police officers resulted in outrage and raised tensions between the police and the community.
■ 1995 The number of serious, violent crimes begins a decline that continues throughout the late 1990s and into the 2000s, when the numbers begin to level off.
2001 President George W. Bush declares War on Terrorism.
— 2010 2nd Amendment Incorporated
Rioting and the Fear of Crime
The mid-1940s is a good starting point for the study of the modern criminal justice system. Prior to World War II, the criminal justice system was dominated by political influences, there was little national attention focused on the criminal justice system, the federal agencies and federal government were not significant players, the crime rate was generally low, and for the most part any problems with the criminal justice system were perceived as problems concerning local administration, issues, and reforms.
Four phenomena stirred interest in the criminal justice system and led to its prominence as one of the most examined and criticized aspects of the government:
1. the Civil Rights Movement,
2.the Vietnam War,
3.the rising crime rate and the public's increased awareness of it, and
4.the terrorism attacks of September 11, 2001.
In many respects, these four influences were interrelated and cumulative in their effect on the criminal justice system.
Civil Rights and War Protests
Protests against institutional racism and U.S. involvement in the Vietnam War posed major challenges to the criminal justice system. Prior to the Civil Rights Act of 1964, businesses, hotels, restaurants, and public transportation could and did refuse service with impunity to Black citizens. For example, in 1956, the University of Alabama expelled its first Black student, Autherine Lucy, on the grounds that her presence was a threat to public order. In the South, Blacks were frequently the victims of lynching, violence, and denial of public and private services.
Civil rights leader Martin Luther King Jr. promoted the tactic of civil disobedience, which also challenged the criminal justice system. One of the most well-known examples of civil disobedience occurred in 1955 when Rosa Parks refused to move to the rear of the bus, as required by the law, and was arrested. Although King advocated nonviolence, there were many who rioted.
Political protests against U.S. involvement in the Vietnam War also generated acrimonious conflict in which the police often were captured on film engaged in brutality against the protesters. For example, on the Kent State University campus in 1970, National Guard troops opened fire on unarmed student demonstrators, killing four students and injuring many more.
Public awareness of safety issues in the 1960s made crime a government priority and led to legislation to improve the criminal justice system.
The Civil Rights Act of 1964 declares that it is illegal for President's Commission on Law Enforcement and
businesses, hotels, restaurants, and public transportation to deny citizens service based on their race
Administration of Justice concludes that most people had lost confidence in the ability of the police to maintain law and order
War on Crime was declared by President Lyndon Johnson to counter crime and social disorder
During this period, the crime rate continued to climb to the point that, according to a 1965 Gallup poll, Americans viewed crime as the most serious problem in the country.2 In 1968,31 percent of Gallup survey respondents said they were afraid to walk in their own neighborhoods at night, and by the end of 1972, the number had risen to 42 percent. Many citizens thought that the police were part of the cause, not the solution, to the rising crime rate. The President's Commission on Law Enforcement and Administration of Justice concluded that most people had lost confidence in the ability of the police to maintain law and order.3
The War on Crime
The criminal justice system appeared to be failing. To counter the attack of crime and social disorder, on July 25, 1965, President Lyndon Johnson declared a War on Crime. He authorized a series of federal presidential commissions to study crime and justice in the United States and to recommend suggested reforms to restore public confidence.
The findings of the President's Crime Commission concluded that fear of crime had eroded the basic quality of life for many Americans. It also recognized the importance of crime prevention, as opposed to crime fighting, and the necessity of eliminating injustices in the criminal justice system.
LiE GITIMA I Ji
DEPENDS ON THE
EFFECTIVE OPERATION OF THE CRIMINAL JUSTICE SYSTEM. CITIZENS HAVE GRANTED THE CJS GREAT POWERS.
Omnibus Crime Control and Safe Streets Act of 1968
In response to recommendations of the President's Crime Commission and demands from the public, substantial resources were added to the criminal justice system. For example, to attract better-qualified personnel, the police had to increase salaries; as a result, policing costs skyrocketed in major cities.4 To help defray these costs, local and state governments sought assistance from the federal government, whose response was to pass the Omnibus Crime Control and Safe Streets Act of 1968.
The Omnibus Crime Control and Safe Streets Act of 1968 created the Law Enforcement Assistance Administration (LEAA) and the Law Enforcement Educational Program (LEEP). The LEAA acted as a conduit for the transfer of federal funds to state and local law enforcement agencies. However, these funds were not without "strings."
The LEAA appointed the National Commission on Criminal Justice
Standards and Goals, which had the purpose of formulating specific standards and goals for police, courts, corrections, juvenile justice, and crime prevention. To receive the generous funds available from the federal government, local and state agencies had to show that they had implemented the commission's standards and goals. Many of the advances made within law enforcement agencies were a result of compliance with standards and goals necessary to qualify for federal funds.
The Law Enforcement Educational Program (LEEP) was a branch of the LEAA. The goal of LEEP was to promote education among criminal justice personnel.
After massive amounts of federal assistance, numerous reform efforts, and the adoption of innovative strategies by the police, courts, and corrections, public confidence in the criminal justice system was restored and the crime rate dropped. Residents of large cities reported that they felt safe using public transportation. Violent crime rates for nearly all categories dropped. Things were looking up for public confidence in the criminal justice system until September 11,2001.
The biggest crisis in the twenty-first century was caused by a foreign attack on the United States. Just as President Johnson had declared a war on crime, President Bush declared a War on Terrorism. President Bush appointed a new Cabinet position—Secretary of the Office of Homeland Security—to coordinate the antiterrorism activities among federal law enforcement and intelligence agencies. The attack on the World Trade Center towers led to a call for greater police powers, including expanded authorization for wiretaps, expanded powers of search and seizure, and expanded powers to detain foreign nationals.
Legitimate government depends on the effective operation of the criminal justice system. Citizens have granted the criminal justice system great powers, including the power of life and death. Thus, criminal justice is a much more complex endeavor than simply enforcing the law or waging a war on crime, drugs, or terrorism. When challenged with a choice between safety and liberty, people often choose safety over liberty. The War on Terrorism poses one of the most serious threats since the 1960s to the balance between safety and liberty.
Omnibus Crime Control and Safe Streets Act of 1968 creates the Law Enforcement Assistance Administration (LEAA) to act as a conduit for the transfer of federal funds to state and local law enforcement agencies
National Commission on Criminal Justice Standards and Goals formulates specific standards and goals for police, courts, corrections, and crime prevention
Law Enforcement Educational Program (LEEP) is
created, the goal of which is to promote education among criminal justice personnel
War on Terrorism is declared by President George W. Bush in response to the attacks of September 11,2001. The new cabinet position of Secretary of the Office of Homeland Security is created
Law and Order Versus Individual Rights
This concept of limiting freedom for the common good is very old. For example, Greek philosopher Aristotle argued that it was necessary that people be governed by law because of their inability to govern themselves
1. because of a tendency to react to fear and emotion rather than reason,5 and
2.because people are subject to corruption.6
In the United States, it is argued that individual freedom is limited
1. to ensure order within society,
2.to protect citizens from one another, and
3.to promote the common welfare.
Society uses several means to achieve these goals, including informal and formal sanctions. Informal sanctions include social norms that are enforced through the social forces of the family, school, government, and religion. These social institutions teach people what is expected for normative behavior. In addition to teaching normative behavior, these primary social institutions also provide punishment when people violate social norms. In the informal system, parents punish children for disobedience, bosses reprimand employees, teachers discipline students, and religious groups call on offenders to repent for their sins.
Social order and the common welfare also are promoted through use of formal sanctions (such as laws) found within the criminal justice system. Frequently, the informal and formal systems of order maintenance overlap.
For the most part, people conform to the rules of society, including both formal and informal rules. However, when someone breaks the rules of society, the system responds. Formal sanctions are carried out by the criminal justice system. In the United States, the criminal justice system is based on the enforcement of obedience to laws by the police, the courts, and correctional institutions. When group and society norms are codified into law, government has the power to compel obedience to the rules on pain of punishment, including death.
The more homogeneous and stable the people and their belief systems, the fewer the violations of social norms. In a homogeneous, stable society with a common belief system, there is less need for reliance on a formal system of social control to maintain order and regulate interactions. Social control systems operate most effectively and efficiently where there is constant and unified, overt and covert, and cultural and social support from all control agencies.7 However, contemporary U.S. society is not characterized by a homogeneous and stable group of people with a common belief system. Rather, the United States is characterized by great diversity in race, religion, ethnicity, and values.
The criminal justice system has assumed an important central role in order maintenance. The criminal justice system is an important part of conflict resolution, crime prevention, order maintenance, and the preservation of individual liberties.
The Balance Between Individual Rights and the Power of Government
In Two Treatises of Government (1690), philosopher John Locke argued that all human beings are endowed with what he called "natural rights." These rights are given to people by a power higher than government, and people cannot be deprived of them. Governments exist, according to Locke, to serve individuals. People surrender certain rights with the under-
standing that they will receive as much, or more, in other benefits, such as safety, order, and preservation of property rights. Locke conceded that the government must have the power of physical force to protect people and their property from the physical violations of others.8 However, this power was to be balanced against the need to preserve individual liberty.
John Locke's philosophies had a great influence on Thomas Jefferson when he drafted the Declaration of Independence.9 This document declares that people have unalienable rights given to them by their Creator. These rights include life, liberty, and the pursuit of happiness.
THE CJS IS BASED ON THE ENFORCEMENT OF OBEDIENCE TO LAWS BY THE POLICE. COURTS, AND CORRECTIONAL INSTITUTIONS.
The rights of individuals in the United States are limited by the need to maintain social order, while the powers of government are limited by the principles . stated in the U.S. Constitution.
informal sanctions social norms that are enforced through the social forces of the family, school, government, and religion
social norms the expected normative behavior in a society
formal sanctions social norms enforced through the laws of the criminal justice system criminal justice system the enforcement, by the police, the courts, and correctional institutions, of obedience to laws
system of social control a social system designed to maintain order and regulate interactions
order maintenance a system of maintaining the day-to-day life of ordinary citizens, a primary goal of the criminal justice system
The Constitution of the United States of America reflects a distrust of a strong centralized government. The new government defined in the Constitution consists of three independent branches: the executive, the legislative, and the judicial. The Constitution divides power among these three branches of government and provides checks and balances. It set up a federal court system and gives power to the states to set up court systems as they deem appropriate. The original 10 amendments, called the Bill of Rights, were added to the Constitution in 1791. The Bill of Rights delineates certain guaranteed freedoms of citizens, such as trial by jury, freedom of speech, and the right to be secure in one's home from unreasonable search and seizure.
HERE'S SOMETHING TO THINK ABOUT
The U.S. Supreme Court has the power to determine the constitutionality of laws. The only remedy to overrule the Court is to modify the Constitution. Does this grant too much power to the Court?
THE BILL OF RIGHTS DELINEATES CERTAIN GUARANTEED FREEDOMS OF CITIZENS IMPORTANT TO THE
CRIMINAL JUSTICE SYSTEM.
THE BILL OF RIGHTS
AMENDMENT I: FREEDOM OF SPEECH Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
AMENDMENT II: THE RIGHT TO BEAR ARMS A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
AMENDMENT III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
AMENDMENT IV: UNREASONABLE SEARCH AND SEIZURE The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
AMENDMENT V: SELF INCRIMINATION No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
AMENDMENT VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
AMENDMENT VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
AMENDMENT VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Bill of Rights delineates certain guaranteed freedoms of citizens, such as trial by Jury and freedom of speech
Defining the Criminal Justice System