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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


10 98765432

Prentice Hall

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



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


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

Social Detenninism

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.

Chapter 3

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


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


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

Chapter 5

Chapter 6

Policing Strategies 67 Community Policing 67


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


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


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

Deterrence 130

Incapacitation 132

Retribution 133

Rehabilitation 133

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


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


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


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

Compelling Stats

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


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


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


Terrorism, Homeland Security, and the Criminal Justice System 260

What Is Terrorism? 260

Domestic and International Terrorism 261

Mandatory Release


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.

-► Release

— 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



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.




Download Instructor Resources from the Instructor Resource Center

To access supplementary materials online, instructors need to request an instructor access code. Go to www ./irc to register for an instructor access code. Within 48 hours of registering, you will receive a confirming e-mail including an instructor access code. Once you have received your code, locate your text in the online catalog and click on the Instructor Resources button on the left side of the catalog product page. Select a supplement, and a login page will appear. Once you have logged in, you can access instructor material for all Prentice Hall text­books. If you have any difficulties accessing the site or downloading a supplement, please contact Customer Service at .


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.



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?


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.





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 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.


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?




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

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