CORRESPONDING

CHAPTER OLTTLINE LEARNING OBJECTIVES

1
What Is Crima? Describe the two most
common models of how
society determines which
acts are criminal.

l”_i
Define crime.

The Purpose
of the Criminal
fustico System
The Structure Outline the three levels of law
of the Criminal enforcement
Justice Systmn
List the essential elerrients of
, the corrections system.
Explain the difference
Discretion
and Ethics * between the formal and
informal criminal justice
processes.
Define eOiics, and describe
the role that it plays in
discretionary decision making.
r j-"1
Criminal Contrast the crime control and
Justice Today due process models.
List foe major issues in
criminal justice today.

To target your study and review, look for these numbered

Learning Objective icons throughout the chapter.
Hvniinq C^iar.g.'OeJKH'
 WHAT IS CRIME? "I
Green The recreational use of marijuana in Colorado, though now legal, is heavily regulated.*
Crime An act that violates cnminal
law and is punishable by cnminal
sanctions..

WEDNESDAV
All sellers must be licensed by a state regulatory agency. As with alcohol, buyers must Consensus Model A criminal
be at least twenty-one years old, and locals cannot purchase more than one ounce of the justice model in which the majority of
citizens in a society share the same
drug in a single transaction. (For those who live out of state, the limit is a quarter-ounce values and briefs. Criminal acts are
per transaction.) It remains illegal to smoke the drug in public, as well as transport it acts that conflict with these values and
(
beliefs and that are deemed harmful to
across state lines. society.
Consequently, a thirty-year-old from Fort Collins, Colorado, who buys a half­
would open its pot stores later in 2014.) Supporters predict
“IT MAKES YOU giddy to say it: I went into a that the new laws will significantly reduce public costs
ounce of pot from a licensed seller and smokes it in his apartment does not have to
store and bought pot,” said Linda Walmsiey as she walked worry about being arrested by state law enforcement officers. If that same person
associated with the criminal justice system by removing low-
out of the Denver Kush Club. Walmsiey was not the only level drug offenders from state courtrooms and prisons. They drives to Cheyenne, Wyoming, and shares the pot with a friend, he has committed a
person feeling “giddy” in Colorado on January 1,2014. That also highlight economic benefits of taxing marijuana, which crime, according to Colorado’s criminal code. As this example shows, a crime is not
day, thousands participated in the first state-regulated sale was expected to generate about $70 million of extra revenue simply an act that seems dishonest or dangerous or taboo. It is a wrong against society
of recreational marijuana in United States history. At about for Colorado in its first year as a legal commodity. that is proclaimed by law and that, if committed under specific circumstances, is pun­
forty shops around the state, buyers paid as much as $70 for Critics of the measures, including many politicians and
an eighth of an ounce of the drug, which had been selling for ishable by the criminal Justice system.
parents’ groups, countered that the new measures would
about $25 per eighth on the black market. Despite the higher lead to a spike in underage marijuana use, with disastrous
prices, sales of pot on “Green Wednesday” were so brisk
that sellers worried about running out of product by the end
public health consequences. Law enforcement officials Determining Criminal Behauior
pointed out that police in Colorado and Washington are now One problem with the definition of crime just provided is that it obscures the complex
of the week. required to determine whether the marijuana being offered
Thirteen months earlier, residents in Colorado and nature of societies. A society is not static-it evolves and changes, and its concept of
for sale is indeed state licensed, which may increase their
Washington set the stage for legalized marijuana by voting to workload. It will likely take months, if not years, to determine criminality evolves and changes as well. Our nation's inconsistent treatment of mar­
regulate the drug like alcohol within state lines. (Washington the overall consequences of legalizing marijuana in the two ijuana shows that different communities can have vastly different ideas about what
states. "We are floating in uncharted waters here,” admitted constitutes a crime. As we just noted, Colorado and Washington recently legalized
Denver mayor Michael B. Hancock. recreational use of the drug in small quantities. In twenty states and the District of
Columbia, marijuana can be used for medicinal purposes. Under most circumstances,
FOR CRITICAL ANALYSIS however, the sale or possessio^^ot is illegal in the United States, and as we will
1. In your opinion, what are some the positive consequences discuss later in the chapter, the federal government still considers it a dangerous drug
of legalizing the sale of small quantities of marijuana? Different countries often have differing ideas of criminal behavior, as well. Several
2 . What might be some of the negative consequences of years ago, for example, police in West Sumatra, Indonesia, arrested Alexander Aan for
legal marijuana sales? writing -God is not great" on Facebook. An Indonesian court sentenced Aan to two and a
3 . Why might some people be witling to pay significantly half years in prison for yiolatjng^criminal prohibition against “inciting religious hatred.”
higher prices for legal marijuana instead of purchasing Such legislation would not be allowed in the UnitecTstatei because of our country’s
cheaper black market marijuana, which is still available
long traditions of freedom of speech and religion. (See the feature Comparative Criminal
in both Colorado and Washington?
Justice-Speech Crime that follows to learn about another foreign criminal law that runs
counter to America’s legal traditions.)
To more fully understand the concept of crime, it will help to examine the two i EARNING
Describe the two most
most common models of how society decides which acts are criminal: the consensus
common models of how
model and the conflict model. society determines which
On January 9, 2014, an OBJECTIVE
acts are criminal.
employee at the Evergreen
Apothecary in Denver, THE CONSENSUS MODEL The term consensus refers to general agreement among the
Colorado, measures out a majority members of any particular group. Thus, the consensus model rests on the
portion of newiy legalized
marijuana. assumption that as people gather together to form a society, its members will naturally
come to a basic agreement with regard to shared norms and values. Those individuals
whose actions deviate from the established norms and values are considered to pose a
threat to the well-being of society as a whole and must be sanctioned (punished). The
society passes laws to control and prevent unacceptable behavior, thereby setting the
bouiidaries for acceptable behavior within the group.^

//// 4 Criminal Justice in Action: The Core

CHAPTER 1 Criminal Justice Today 5
•• t
 Consequently, what is deemed criminal activity is determined by whichever group r ~|
happens to be holding power at any given time. Because certain groups do not have Deviance Behavior that i$
considered to go against the norms
access to political power, their interests are not served by the criminal justice system. To established by society.
L J
give one example, with the exception of Oregon. Vermont, and^^Washington, physician-
assisted suicide for the terminally ill is illegal in the United States. Although opinion
polls show that the general public is evenly divided on the issue,^ highly motivated indi­
Act, in contrast, prohibits "threatening, abusive, or insulting viduals and special interest groups have been able to convince lawmakers that the prac­
speech Crime
words” within the “hearing or sight” of someone “likely to be tice goes against Americas shared moral and religious values.
Travel on the cramped. overcro\wded
London subway system is often caused harassment, alarm, or distress which was racially
unpleasant, For those riders stuck
aggravated.” Consequently, British Transport Police identified An Integrated Definition of Crime
Williams using a YouTube video of the incident and arrested Considering both the consensus and the conflict models, we can construct a defini­
in the same car as Jacqueline Williams on a recent October LEARNING
her for committing a racially aggravated public order offense. tion of crime that will be usehU throughout this textbook. For our purposes, crime'is an
afternoon, however, the trip was nearly unbearable. At that Define crime.
If convicted, Williams faced a significant punishment. Six action or activity that is
time, Williams, who is white, unleashed a verbal rant against OBJECTWE
months earlier, another Londoner, Jacqueline Woodhouse,
black commuters on the train, saying, "Go home where you
was found guilty of similarly insulting black passengers on a 1. Punishable under criminal law, as determined by the majority or, in some
belong.... You might have been born here, but I bet your
subway car. In sentencing Woodhouse to twenty-one weeks instances, by a powerful minority.
grandparents weren’t.” Williams continued, “You make me
behind bars, a British judge lamented that “our citizens could 2. Considered an offense against society as a whole and prosecuted by public officials,
sick. If you belonged here, you’d be pink-skinned, blonde­
be subject to such behavior.” not by victims and their relatives or friends.
haired, blue eyes, green eyes.” She also told one black
passenger that she walked "like a monkey.” 3. Punishable by sanctions based on laws that bring about the loss of personal free­
FOR CRITICAL ANALYSIS dom or life. E-cigarettes, such as the one
Williams’s actions were ugly and offensive, but were they
shown in this photo, deliver
criminal? In the United States, no. As interpreted by American Do you think that the United States should criminalize
the drug nicotine to users
“threatening, abusive, or insulting words” aimed at members At this point, it is important to understand the difference between crime and
courts, the First Amendment to the U.S. Constitution does without some of the tobacco-
of a minority group? What would be the consequences-both deviance, or behavior that does not conform to the norms of a given community or related health risks of traditional
not allow laws punishing speech unless that speech is likely
society. Deviance is a subjective concept. For example, some segments of society may cigarettes. Nicotine is, however,
to provoke immediate violence. England’s Crime and Disorder intended and unintended—of such a law?
highly addictive. Why might
think that smoking marijuana or killing animals for clothing and food is deviant behav- e-cigarette use be considered
ior. Decant acts become crimes only when society as a whole, through its legislatures, : deviant behavior by minors, but
^ determines that those acts should be punished—as is the situation today in the United not by adults?

States with using illegal drugs but not with eating meat. Furthermore, not all crimes are
considered particularly deviant—little social dis­
The consensus model, to a certain extent, assumes that a diverse group of peo­
Morals Principles of right and wrong approbation is attached to those who fail to follow
behavior, as practiced by individuals or
ple can have similar morals. In other words, they share an ideal of what is right and
the letter of parking laws. In essence, criminal law
by society. what is “wrong.” Consequently, as public attitudes toward morality change, so do laws.
reflects those acts that we, as a society, agree are so
Conflict Model A criminal justice In seventeenth-century America, a person found guilty of adultery (having sexual rela­
model in which the content of criminal unacceptable that steps must be taken to prevent
law is determined by the groups that
tions with someone other than one’s spouse) could expect to be publicly whipped,
them from occurring.
hold political po\Arer in a community. branded, or even executed. Furthermore, a century ago, one could walk into a phar­
macy and purchase heroin. Today, social attitudes have shifted to consider adultery
a personal issue, beyond the reach of the state, and to consider the sale of heroin a ASSESSMENT
Fill in the blanks, and check your answers on
criminal act.
page 29.

THE CONFLICT MODEL Some people reject the consensus model on the ground that The consensus model of crime assumes that diverse
members of society share similar______ , or ideals
moral attitudes are not constant or even consistent. In large democratic societies such
of right and wrong. The______model, in contrast,
as the United States, different groups of citizens have widely varying opinions on contro­ focuses on dissimilarities of such attitudes within
versial issues of morality and criminality such as abortion, the war on drugs, immigra­ society. A criminal act i,s a wrong against______ and
tion, and assisted suicide. The^^fbups afld their elected representatives are constantly therefore is “avenged," or prosecuted, by______
coming into conflict with one another. According to the conflict model, then, the most ---------- - not by the individual victims of a crime. A
crime is not the same as an act of______ _ the term
politically powerful segments of society—based on class, income, age, and race—have
for behavior that is nonconformist but not necessariy
the most influence on criminal laws and are therefore able to impose their values on the criminal.
rest of flie-community.

///// 6 Criminal Justice in Action: The Core CHAPTER 1 Criminal Justice Today 7
 Criminal Justice System The
interlocking network of law enforcement
THE PURPOSE OF THE On June 4,2013, a Colorado judge allowed Holmes
to plead not guilty by reason of insanity for the shooting.
agencies, courts, and corrections
institutions designed to enforce criminal
CRIMINAL JUSTICE SYSTEM As a result, many of his victims and their family members
POLICY, CJ
laws and protect society from criminal Forty-one states ban texting while driving, and another twelve
Defining which actions are to be labeled “crimes” is only the first step in safeguarding have stated publicly that they fear he will not receive an
behavior. states prohibit drivers from using a handheld cell phone. Now. many
society from criminal behavior. Institutions must be created to apprehend alleged wrong­ appropriate punishment for his actions.® In Chapter 3. policy makers are suggesting a similar crackdown on "distracted
Justice The quality of fairness that
must exist in the processes designed to doers, to determine whether these persons have indeed committed crimes, and to punish you will learn how insanity can be used as a defense to walking”—the use of electronic devices by pedestrians that poses
determine whether individuals are guilty
those who are found guilty according to society’s wishes. These institutions combine to criminal wrongdoing. Furthermore, regardless of his a risk to public safety. To learn more about this topic, go online
of criminal wrongdoing. and search for the terms distracted walking, regulation, and
L J form the criminal justice system. As we begin our examination of the American criminal mental state, should Holmes ever be set free? In Chap­
statistics. Make two lists describing the pros and cons of criminal
justice system in this introductory chapter, it is important to have an idea of its purpose. ters 9 and 12, we will discuss the concept of rehabilita­ laws prohibiting distracted walking. Then, write a full paragraph
tion and the role that victims play in the eventual return explaining wrfiy you think such laws would or would not be in your
community’s best interests.
maintaining Justice of offenders to the community. Throughout this text­
As its name implies, the explicit goal of the criminal justice system is to providejustice to book, you will come to better understand the
all members of society. Because justice is a difficult concept to define, this goal can be criminal justice system by e^qjosure to differing
challenging, if not impossible, to meet. Broadly stated, justice means that all individuals opinions on these topics and many others.
are equal before the law and that they are free from arbitrary arrest or seizure as defined
assessm ent
by the law. In other words, the idea of justice is linked with the idea of fairness. Above all,
Fill in the blanks, and check your answers on page 29.
we want our laws and the means by which they are carried out to be fair.
The concept of--------is closely linked with ideas of fairness and equal treatment for all. and
Justice and fairness are subjective terms, which is to say that people may have dif­
it is a primary goal of American police officers, judges, and prison administrators. Other
ferent concepts of what is just and fair. If a woman who has been beaten by her husband goals include--------society from criminal behavior,_____ those who are guilty of criminal
retaliates by killing him, what is her just punishment? Reasonable persons could dis­ wrongdoing, and supporting the____ of crime.
agree, with some thinking that the homicide was justified and that she should be treated
leniently. Others might insist that she should not have taken the law into her own hands.
Police officers, judges, prosecutors, prison administrators, and other members of the
criminal justice system must decide what is “fair.” Sometimes, their course of action is
THE STROCTORE OF THE
obvious, but often, as we shall see, it is not. CRIMINAL JUSTICE SYSTEM
Society places the burden of maintaining justice and protecting our communities
Protecting Society on those who work for the three main institutions of the criminal justice system: law
Within the broad mandate of “maintaining justice,” Megan Kurlychek of the University at enforcement, the courts, and corrections. In this section, after discussing the concept
Albany, New York, has identified four specific goals of our criminal justice system: of federalism, we take an introductory look at these institutions and their roles in the
criminal justice system as a whole.
1. To protect society from potential future crimes of the most dangerous or “risky”
offenders.
2. To determine when an offense has been committed and provide the appropriate
The Importance of Federalism
punishment for that offense. To understand the structure of the criminal justice system, you must understand the con­
3. To rehabilitate those offenders who have been punished so that it is safe to return cept of federalism, which means that government powers are shared by the national (fed­
them to the community. eral) government and the states. The framers of the U.S. Constitution, fearful of tyranny
4. To support crime victims and, to the extent possible, return them to their pre­ and a too-powerftil central government, chose the system of federalism as a compromise.
crime status."* The appeal of federalism was that it established a strong national government
capable of handling large-scale problems while allowing for state powers and local tra­
Again, though these goals may seem straightforward, they are fraught with difficulty. ditions. For example, earlier in the chapter we noted that physician-assisted suicide,
Take the example of James Holmes, who was charged with twenty-four counts of murder though banned in most of the country, is legal in three states. In 2006, the federal gov­
and 116 counts of attempted murder by law enforcement officials on July 30,2012. Ten ernment challenged the decision made by voters in two of those states—Oregon and
days earlier. Holmes—armed with an assault rifle and three other guns—had apparently Washington-to allow the practice. The United States Supreme Court sided with the
opened fire on the audience at a late-night screening of a Batman movie in Aurora, Colo­ states, ruling that the principle of federalism supported their freedom to differ from the
rado. Following the incident, authorities at the University of Colorado, where Holmes majority viewpoint in this instance.® In general, however, federal criminal law takes pri­ r
Federalism A form of government
had been a graduate student, came under heavy criticism for not reacting more force­ ority over local and state criminal law, as we will see throughout this textbook. in which a written constitution provides
fully to staff concerns about his behavi* r. In the next chapter, we will study the chal­ The Constitution gave the national government certain express powers, such as the
for a division of powers between
a central government and regional
lenges of predicting criminality. power to coin money, raise an army, and regulate interstate commerce. All other powers governments.

//// 8 Criminal Justice in Action: The Core

CHAPTER 1 Criminal Justice Today 9
 The majority of these work in departments that consist of fewer than 10 officers, though

INCJ a large city such as New York may have a police force of about 36,000.
Local police are responsible for the "nuts and bolts” of law enforcement work.
They investigate most crimes and attempt to deter crime through patrol activities. They
F. W. GILL apprehend criminals and participate in trial proceedings, if necessary. Local police are
also charged with "keeping the peace,” a broad set of duties that includes crowd and
GANG INVESTIGATOR traffic control and the resolution of minor conflicts between citizens. In many areas,
The problem, for most of these kids, is that nobody cares. Their parents don’t, or can’t, get
local police have the added obligation of providing social services, such as dealing with
involved in their children’s lives. (How many times have I heard parents deny that their son domestic violence and child abuse.
or daughter is a gang banger, even though it’s obvious?) Teachers are in the business of
teaching and don’t, or can’t, take the time to get to know their most troubled students. So, State Law Enforcement Hawaii is the only state that does not have a state law enforce­
when I’m dealing with gang members, the first thing I do is listen. I don’t lecture them, I don’t ment agency. Generally, there are two types of state law enforcement agencies—those
tell them that they are throwing away their lives. I just listen. You’d be amazed how effective designated simply as state police,” and those designated as "highway patrols.” State
this can be-these kids, who look so tough on the outside, just want an adult to care.
highway patrols concern themselves mainly with infractions on public highways and
Not that there is any magic formula for convincing a gang member to go straight. It is
freeways. Other state law enforcers include fire marshals, who investigate suspicious
very difficult to get someone to change his or her lifestyle. If they don’t want to change-
really want to change-then nothing I can say or do is going to make much of a difference. fires and educate the public on fire prevention, and fish, game, and watercraft wardens,
Unfortunately, there are many lost causes. I’ve even had a couple of cases in which a juvenile who police a state’s natural resources and often oversee its firearms laws.
was afraid to leave the gang because his father was a gang member, and he insisted that
the boy stay in the gang. 1 have had some success in convincing gang members to turn their Federal Law Enforcement The enactment of new national antiterrorism, gun, drug,
lives around by joining the military. The military provides discipline and a new outlook on life, and violent crime laws over the past forty years has led to an expansion in the size
things that these kids badly need. The way I look at it. in some cases, war is the best shot
and scope of the federal government’s participation in the criminal justice system.
these kids have at saving their own lives.
The Department of Homeland Security, which we will examine in detail in Chapter 4,
Social Media Career Tip When you are posting on Facebook, assume that your post combines the police powers of twenty-four federal agencies to protect the United States
will be published in your local newspaper and read by a potential employer. So, if you think

no
from terrorist attacks. Other federal agencies with police powers include the Federal
the post might reflect poorly on you as a potential employee, keep it offline.
Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S.
Secret Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In
fact, almost every federal agency, including the postal and forest services, has some kind
were left to the states, including police power, which allows the states to enact whatever of police power.
laws are necessary to protect the health, morals, safety, and welfare of their citizens. As Federal law enforcement agencies operate throughout the United States and
the American criminal justice system has evolved, the ideals of federalism have ebbed often work in cooperation with their local and state counterparts. There can be tension
somewhat. Specifically, the powers of the national government have expanded signifi­ between the different branches of law enforcement, however, when state and federal
cantly. In the early 1900s, only about one hundred specific activities were illegal under
federal criminal law. Today, there are more than 4,500 federal criminal statutes, meaning
that Americans are increasingly likely to come in contact with the federal criminal jus­
FIGURE 1.1 Local, state, and Federal Employees In Our Criminal Justioe System
tice system.^

LAW ENFORCEMENT The ideals of federalism can be clearly seen in the local, state, and
federal levels of law enforcement. Though agencies from the different levels cooperate if
the need arises, they have their own organizational structures and tend to operate inde­
pendently of one another. We briefly introduce each level of law enforcement here and
cover them in more detail in Chapters 4,5, and 6.

IfARMlNL Local Law Enforcement On the local level, the duties of law enforcement agencies are
Outline the three levels of law split between counties and municipalities. The chief law enforcement officer of most
enforcement, l^j
OaJECTIVE
counties is the county sheriff. The position of sheriff is usually an elected post, with a
two- or four-year term. In some areas, where city and county governments have merged,
there is a county police force, headed by a chief of police. As Figure 1.1 that follows
shows, the bulk of all police officers in the United States are employed on a local level.

///// 10 Criminal Justice in Action; The Core CHAPTER 1 Criminal Justice Today 11
 criminal law is incompatible. For example, even though Colorado and Washington have the assumption that all convicts do not need, and are not benefited by, incarcera­ r -|
legalized the sale and possession of srnall amounts of marijuana, as noted at the begin­ tion in jail or prison. Formal Criminal Justice
Process The model of the criminal
ning of this chapter, the drug is still illegal under federal law. Consequently, federal offi­ justice process in which participants (
The majority of those inmates released from incarceration are not finished with the follow formal rule's to create a smoothly ,
cers are authorized to make marijuana arrests in those states, regardless of any changes
corrections system. The most frequent type of release from a jail or prison is parole, in functioning disposition of cases from.,^
to the states’ criminal codes. arrest to punishment.
which an inmate, after serving part of his or her sentence in a correctional facility, is L J

THE COURTS The United States has a dual court system, which means that we have two allowed to serve the rest of the term in the community. Like someone on probation, a
independent judicial systems, one at the federal level and one at the state level. In prac­ parolee must conform to certain conditions of freedom, with the same consequences if
tice, this translates into fifty-two different court systems: one federal court system and these conditions are not followed. Issues of probation, incarceration, community-based
fifty different state court systems, plus that of the District of Columbia. In general, defen­ corrections, and parole will be covered in Chapters 10,11, and 12.
dants charged with violating federal criminal law will face trial in federal court, while
defendants charged with violating state law will appear in state court. The Criminal Justice Process
The criminal court and its work group—the judge, prosecutors, and defense In its 1967 report, the Presidents Commission on Law Enforcement and Administration
attorneys—are charged with the weighty responsibility of determining the innocence or ofJustice asserted that the criminal justice system
guilt of criminal suspects. We will cover these important participants, their roles in the
is not a hodgepodge of random actions. It is rather a continuum—an orderly pro­
criminal trial, and the court system as a whole in Chapters 7,8, and 9.
gression of events—some of which, like arrest and trial, are highly visible and some
learning
CORRECTIONS Once the court system convicts and sentences an offender, she or he is of which, though of great importance, occur out of public view.®
List the essential elements of [ii ^
relegated to the corrections system. (Those convicted in a state court will be under the The commissions assertion that the criminal justice system is a “continuum” is one
the corrections system,
OBCCTIVE control of that state’s corrections system, and those convicted of a federal crime will that many observers would challenge.^ Some liken the criminal justice system to a sports
find themselves under the control of the federal corrections system.) Depending on the team, which is the sum of an indeterminable number of decisions, relationships, con­
seriousness of the crime and their individual needs, offenders are placed on probation, flicts, and adjustments.*® Such a volatile mix is not what we generally associate with a
incarcerated, or transferred to community-based correctional facilities. “system." For most, the word system indicates a certain degree of order and discipline.
At midyear 2013, America’s jails
held approximately 744,000 1. Probation, the most common correctional treatment, allows the offender to return That we refer to our law enforcement agencies, courts, and correctional facilities as part
inmates, including these residents
to the community and remain under the supervision of an agent of the court known of a system may reflect our hopes rather than reality. Still, it will be helpful to familiarize
of the Orange County Men’s Jail
as a probation officer. While on probation, the offender must follow certain rules of yourself with the basic steps of the criminaljustice process, or the procedures through
in Santa Ana, California. VVhat are
the basic differences between conduct. When probationers fail to follow these rules, they may be incarcerated. which the criminal justice system meets the expectations of society. These basic steps
jails and prisons? are provided in Figure 1.2 that follows.
2. If the offender’s sentence includes a
period of incarceration, he or she will be In his classic study of the criminal justice system, Herbert Packer, a professor at
remanded to a correctional facility for a Stanford University, compared the ideal criminal justice process to an assembly line
certain amount of time. Jails hold those “down which moves an endless stream of cases, never stopping.”” In Packer’s image
convicted of minor crimes with relatively of assembly-line justice, each step of the formal criminal justice process involves a
short sentences, as well as those await­ series of “routinized operations” with the end goal of getting the criminal defendant
ing trial or involved in certain court pro­ from point A (his or her arrest by law enforcement) to point B (the criminal trial) to
ceedings. Prisons house those convicted point C (if guilty, her or his punishment).*** As Packer himself often pointed out, the
of more serious crimes with longer sen­ daily operations of criminal justice rarely operate so smoothly. In this textbook, the
tences. Generally speaking, counties and criminal justice process will be examined as the end product of many different deci­
municipalities administer jails, while sions made by many different criminal justice professionals in law enforcement, the
courts, and corrections.
prisons are the domain of federal and
state governments.
1. Community-based corrections have
ASSESSMENT
increased in popularity as jails and pris­ Fill In the blanks, and check your answers on page 29.
ons have been plagued with problems of To protect against a too-powerful central government, the framers of the U.S. Constitution
funding and overcrowding. Community-' relied on the principie of------- to baiance power between the national government and the
based correctional facilities include states. Consequently, the United States has a____ court system—one at the federal ievel
halfway houses, residential centers, and and one at the------- levei. One expert has compared the_____ criminal justice process to
an assembly line involving a series of routine operations.
work-release centers. They operate on

''//// 12 Criminal Justice in Action: The Core CHAPTER 1 Criminal Justice Today 13
 FIGURE 1.2 The Criminal Justice Process
This diagram provides a simplified overview/ of the basic steps of the criminal justice process,
and a limited amount of time in which to dispose of them constrict many of our nation’s
from criminal act to release from incarceration. Next to each step, you will find the chapter of this courts. Overcrowding in prisons and jails affects both law enforcement agencies and the
textbook in which the event is covered.
courts—there is simply not enough room for all convicts.
The criminal justice system relies on discretion to alleviate these pressures. By
discretion, we mean the authority to choose between and among alternative courses of
acUon, based on individual judgment and conscience. Collectively, the discretionary deci­
Explain the difference
sions made by criminal justice professionals are said to produce an informal criminal - n _ between the formal and
justice process that does not operate within the rigid confines of formal rules and laws. L j informal criminal justice
Criminal Investigation 3:ic:i.r processes.
(Chs. 4 & 5)
Informal Decision making
By Its nature, the informal criminal justice process relies on the discretion of individu­
als to offset the rigidity of criminal statutes and procedural rules. For example even if
Step 2: Prosecution and Pretrial Services a prosecutor believes that a suspect is guilty, she or he may decide not to bring charges
against the suspect if the case is weak or the police erred during the investigative pro­
cess. In many instances, prosecutors wiU not squander the scarce resource of court time
on a case they might not win. Some argue that the informal process has made our sys­
tem more just. Given the immense pressure of limited resources, the argument goes, only
rarely will an innocent person end up before a judge and jury.'*

Step 3: Adjudication LAW ENFORCEMENT DISCRETION The use of discretion in law enforcement is also wide­
spread, and this informal decision making often directly impacts the public. For exam­
Discretion The ability of
ple, both New York and Los Angeles have local ordinances prohibiting pedestrians from individuals in the criminal justice
jaywalking, or crossing the street outside of a crosswalk or against a traffic light. system to make operational decisions
based on personal judgment instead
Although jaywalking is quite common in New York, police rarely issue tickets to of formal rules or official information.
sanction such behavior. In Los Angeles, however, where an automobile culture domi­ Informal Criminal Justice
nates. police handed out more than 31,000 jaywalking citations from January 2013 to Process A model of the criminal
justice system that recognizes
November 2013 in the downtown area alone.Evidently, New York police officers are the informal authority exercised
by individuals at each step of the
using their discretion to ignore this form of law breaking, while their counterparts in Los criminal justice process.
Angeles have decided to expend considerable resources in an effort to reduce it.
In Chapters 4, 5, and 6, we will examine many other circumstances that call for dis­
Step 4: Sentencing and Sanctions cretionary decision making by law enforcement officers. (See Figure 1.3 that follows for a
description of some of the important discretionary decisions that make up the informal
criminal justice process.)

Step 5: Corrections
. , f''r uectsions every day concerning their duties The officials

Police
Judges
Release from Incarceration (Chs. 10 & 12)
• Enforce laws,
• Set conditions for pretrial release.
• Investigate specific crimes.
• Accept pleas.
• Search people or buildings.
• Dismiss charges.
• Arrest or detain people.
• Impose sentences.

DISCRETION AND ETHICS Prosecutors

Correctional Officials
Practically, the formal criminal justice process suffers from a serious drawback: it is • File charges against suspects brought to them
• Assign convicts appropriate housing in prison
by the police.
unrealistic. Law enforcement agencies do not have the staff or funds to investigate every • Drop cases.
or jail.
• Punish prisoners who misbehave.
crime, so they must decide where to direct their limited resources. Increasing caseloads • Reduce charges.
• Reward prisoners who behave well.

Y/// 14 Criminal Justice in Action: The Core

CHAPTER 1 Criminal Justice Today 15
 rEthics A system of moral principles
n THE PITFALLS OF DISCRETION Unfortunately, the informal criminal justice process does assessment
not always benefit from measured, rational decision making. Individual judgment can Crime Control Model A
that governs a person's perception of Fill in the blanks, and check your answers on page 29. criminal justice model that places
right and wrong. be tainted by personal bias, erroneous or irrational thinking, and plain ill will. When this At every level, the crirriinal justice system relies on the____ of its employees to keep it from primary emphasis on the right of
L J
occurs, discretion becomes “the power to get away with alternative decisions [emphasis being bogged down by formal rules. Some critics think that this freedom to make decisions society to be protected from crime and
violent criminals.
added].”'® Indeed, many of the rules of the formal criminal justice process are designed to leads to the dominance of an------- criminal justice system, which can, in some cases, result
in unequal treatment and even discrimination. Ideally, to avoid this kind of injustice, criminal Due Process Model A criminal
keep its employees from substituting their own judgment for that of the general public, justice model that places primacy
justice professionals will incorporate in their decision-making process. on the right of the individual to be
as expressed by the law.
protected from the power of the
In 2013, the American Civil Liberties Union of Michigan accused police officers in government.
L J
Saginaw of improperly using their discretion to racially profile recipients of jaywalking
citations.'® As you will learn in Chapter 6, racial profiling is the police practice of improp­
erly targeting members of minority groups based on personal characteristics such as CRIMINAL JUSTICE TODAY
race or ethnicity. Furthermore, associate Supreme Court justice Antonin Scalia has crit­ In describing the general direction of the criminal justice system as a whole, many
icized discretion in the courts for its tendency to cause discriminatory and disparate observers point to two models introduced by Professor Herbert Packer: the crime control
criminal sentences, a subject we will discuss in Chapter 9. According to Scalia, the need modeUnd the due process model.'^ The underlying value of the crime control model is
for fairness and certainty in the criminal justice system outweighs the practical benefits that the most important function of the criminal justice process is to punish and repress
/
of widespread and unpredictable discretionary decision making.'" criminal conduct. The system must be quick and efficient, placing as few restrictions as /
/
possible on the ability of law enforcement officers to make discretionary decisions in /
apprehending criminals.
Ethics and Justice
How can we reconcile the need for some sort of discretion in criminal justice with the ever­ Although not in direct conflict with crime control, the underlying values of the
TARNiNo
present potential for abuse? Part of the answer lies in our initial definition of discretion, due process model focus more on protecting the rights of the accused through formal,
Contrast the crime control
which mentions not only individual judgment but also conscience. Ideally, actors in the legal restraints on the police, courts, and corrections. That is, the due process model l; . j and due process models.
■;bjecti'/E
criminal justice system will make moral choices about what is right and wrong based on relies on the courts to make it more difficult to prove guilt. It rests on the belief that it
the norms that have been established by society. In other words, they will behave ethically. IS more desirable for society that ninety-nine guilty suspects go free than that a single

Ethics in criminal justice is closely related to the concept of justice. Because crimi­
nal justice professionals are representatives of the state, they have the power to deter­
mine whether the state is treating its citizens fairly. If some law enforcement officers in
fact make the decision to arrest a jaywalker based on that persons race, then they are not
only acting unethically but also unjustly.

ETHICS AND THE LAW The line between ethics and justice is often difficult to discern, as
ethical standards are usually not written into criminal statutes. Consequently, individu­
als must often “fill in” the ethical blanks. To make this point, ethics expert John Kleinig
DUTY VS. FAMILY
uses the real-life example of a police officer who refused to arrest a homeless person for DISCRETION ^
sleeping in a private parking garage. A local ordinance clearly prohibited such behavior.
The officer, however, felt it would be unethical to arrest a homeless person under
those circumstances unless he or she was acting in a disorderly manner. The officers
in Action"^ THE SITUATION Ray, a third-year police officer, goes to a party hosted by his sister
Sally on a Friday night, when he is off duty. During the party, Ray sees one man and two
women snorting cocaine in the kitchen. Sally is in her backyard talking to other guests and
supervisors were unsympathetic to this ethical stance, and he was suspended from duty
seems oblivious to the illegal drug use.
without pay.'® (To consider another ethical dilemma that can arise for police officers, see
Define eUiics, and describe I EAfiWifJG
the feature Discretion in Action—Duty vs. Family that follows.) According to the rules of search and seizure, which you will learn more about in
the role that it plays in Ar'
discretionary decision Chapter 6, If a police officer is legally in a position to see illeigal activity, he or she is authorized
ETHICS AND CRITICAL THINKING Did the police officer in the above example behave ethi­ making, objective to immediately seize any evidence of that illegal activity. \
cally by inserting his own beliefs into the letter of the criminal law? Would an officer who
arrested peaceful homeless trespassers be acting unethically? In some cases, the ethi­
WHAT WOULD YOU DO? Ray's duty is clear: as an officer of the law, he must
tjphold the law. At the same time, if he reports the crime, he aKposes his sister Sally to
s
cal decision will be intuitive, reflecting an automatic response determined by a person’s P^Sible punishment, as the cocaine is in her home. Ray is sure that Sally has no knowledge
background and experiences. In other cases, however, intuition is not enough. Critical of this Illegal activity He also wonders, given the vast amount of casual illegal drug use that
thinking is needed for an ethical response. Throughout this textbook, we will use the prin­ ^ undetected by the police in this country every day. if it wbuld be ^unethical fbRhim to
ciple of critical thinking—which involves developing analytical skills and reasoning—to look the other way." If you were Ray, how would you harxJle this situation? '''
address the many ethical challenges inherent in the criminal justice system.
'ttwscrtofat^dilemma. goto Example 1.1 InAppencfeB.

y//// 16 Criminal Justice in Action: The Core

1 Grteninal Justice
 innocent person be condemned(The Mastering Concepts feature that follows provides
and public disorder—with an eye toward preventing more serious wrongdoing.^'' In addi­
a further comparison of the two models.) tion, hot-spot policing has law enforcement officers focusing on high-crime areas rather Biometrics Methods to identify
a person based on his or her unique
than spreading their resources evenly throughout metropolitan areas.^^ These and other physical characteristics, such as
Crime and Law Enforcement: The Bottom line innovative policing strategies will be explored more fully in Chapter 5. ^^fingerprints or facial configuration.

It is difficult to say which of Packer’s two models has the upper hand today. As we will
see later in this section, homeland security concerns have brought much of the criminal IDENTIFYING CRIMINALS Technology has also played a significant role in improving
justice system in line with crime control values. At the same time, decreasing arrest and law enforcement efficiency. Police investigators are enjoying the benefits of perhaps
imprisonment rates suggest that due process values are strong, as well. Indeed, despite the most effective new crime-fighting tool since fingerprint identification: DMA profil­
the fact that most Americans believe our crime problem to be worsening,national rates ing This technology allows law enforcement agents to identify a suspect fi-om body fluid
of violent and property crimes are at historically low levels.^^ In Chapter 2, we will discuss evidence (such as blood, saliva, or semen) or biological evidence (such as hair strands or
some of the reasons for this phenomenon, as well as some experts’ concerns that crime fingernail clippings). As we will also see in Chapter 5. by collecting DNA from convicts
rates in the United States have “plateaued” and are likely to rise in the near future.^* and storing the information in databases, investigators have been able to reach across
hundreds of miles and back in time to catch wrongdoers.
SMARTER POLICING Just as law enforcement inevitably gets a great deal of the blame Law enforcement s ability to identify criminal suspects is set to receive another
when crime rates are high, American police forces have received much credit for the boost with the increased use of biometrics. The term refers to the process by which
apparent decline in criminality. The consensus is that the police have become smarter various technological devices read a person’s unique physical characteristics and report
and more disciplined over the past two decades, putting into practice strategies that allow his or her identity to authorities. The most common biometric devices record a suspect’s
them to more effectively prevent crime. For example, the widespread use oiproactive fingerprmts, but hand geometry, facial features, and the minute details of the human eye
promotes more rigorous enforcement of minor offenses—such as drunkenness can also provide biometric identification.
Already, some banks are using biometrics in the form of voice recognition software to
confirm clients identities. Before long, smartphones and other electronic devices will be
MASTERING CONCEPTS activated by facial recognition, and drivers will be able to start their cars with their finger­
CRIME CONTROL MODEL VERSUS DUE PROCESS MODEL prints. In law enforcement, the FBI is consolidating all of its biometric information, such
as fingerprints and mug shots, into a single database that will allow local police depart­
ments to verify the identities of more than 100 million Americans.^^ We will address the
consequences-intended and unintended-of the spread of this technology in Chapter 6.

ECHNDL
S h u tte rs to n /'.iir v.ilarii'iiica

As far back as the 2001 Super Bowl, the federal government has been experimenting with
facial recognition software that would allow video cameras to identify individuals within large
crowds of people. Finally, it seems, the technology is close to becoming operational. The
Biometric Optical Surveillance System (BOSS) uses 3-D cameras mounted on the top of two
DUE PROCESS MODEL
towers to take photos of a subject from different angles, A computer then reads the features
GOAL GOAL of the subject's face and matches those features against those stored in a database.

• Deter crime by aresting and incarcerating criminals as quickly and • Protect the individual charged with a crime against the immense
The goal, according to researchers, is for BOSS to provide a near-instant match at
efficiently as possible. sometimes possibly unjust power of the state. a range of more than three hundred feet. The technology is being developed primarily
for counterterrorism purposes. For example, BOSS could be used to search for terrorist
METHODS METHODS suspects at a presidential inaugural parade or in an airport lounge.
Allow the police to “do their jobs" by limiting the amount of judicial Assure the constitutional rights of those accused of crimes, at the
oversight of law enforcement tactics. hands of both the law enforcement officers who make the arr^ Thinking about BOSS
and the prosecutors who prosecute the defendant in criminal court.
How could local police departments implement BOSS to identify and apprehend criminal
Limit the number of rights and protections enjoyed by defendants Whenever possible, allow nonviolent convicts to serve their suspects or fugitives? Should law enforcement agencies wait until BOSS'S successful match
in court. sentences in the community rather than behind bars. rate is close to 100 percent, or would an 80 percent certainty be acceptable? Explain your
Incarcerate criminals for lengthy periods of time by imposing hai^
Protect the civil rights of all inmates, and focus on r^abiRtati^ answer.
sentences, including the death penalty. ratfier than puni^m^ in pwlsons and jails.

'^//// 18 Criminal Justice in Action: The Core

CHAPTER1 CriminalJustice Today 19
 CONTINUING CHALLENGES FOR LAW ENFORCEMENT Not every policing trend is positive. Dnig Use in the United States The main source of drug use FIGURE 1.4 Drug Use In the United States
Street Gang A group of people,
Due to economic concerns, according to one recent survey, about half of the nation’s data is the National Survey on Drug Use and Health, con­ According to the National Survey on Drug Use and Health, about
usually three or more, who share a
ducted annually by the National Institute on Drug Abuse 23.9 million Americans, or 9.2 percent of those over twelve years old,
common identity and engage in illegal local law enforcement agencies have been subject to budget cuts in recent years.^’ The
activities. can be considered “illicit drug users.” As you can see, most of these
impact of these cuts, which include officer layoffs and resource reductions, could seri­ (see Figure 1.4). According to the survey, only 9.2 percent people used marijuana exclusively. Furthermore, eighteen- to twenty-
Gun Control Efforts by a
government to regulate or control the
ously hamper efforts to combat three of the major challenges facing today’s police: of those questioned had used an illegal drug in the past five-year-olds were more likely to have used illegal drugs than any other
segment of the population.
sale of guns. gangs, guns, and illegal drugs. month. Even so, this means that a significant number
Drug Any substance that modifies of Americans—about 23.9 million—are regularly using
biological, psychological, or social
The Scourge of Street Gangs For many local law enforcement agencies, particularly those illegal drugs, and the figure mushrooms when users of Habits of Illegal Drug Users
behavior. In particular, an illegal
substance with those properties. in large metropolitan areas, success is measured by their ability to control street gangs. legal substances such as alcohol (136 million users) and Used marijuana and
some other drug
Psychoactive Drugs Chemicals These gangs are often identified as groups of offenders who band together to engage in vio­ tobacco (70 million users) are included.®
that affect the brain, causing changes Used a drug other
in emotions, perceptions, and behavior. lent, unlawful, or criminal activity. According to the most recent data, about 30,000 gangs, It is too early to determine how the legalization of than marijuana
with approximately 780,000 members, are criminally active in the United States. The same small amounts of marijuana in Colorado and Washing­ Used marijuana
study estimates that the number of gangs has grown by nearly one-third since 2003 and are ton, discussed at the beginning of the chapter, is going to only
responsible for 12 percent of homicides in the United States.^ The topic of youth gangs and impact illegal drug use in this country. One trend in those 0 10 20 30 40 50 60 70
efforts to combat their criminal activity will be covered more extensively in Chapter 13. states that experts will certainly focus on is the change in Percentage Using in Past Month

marijuana abuse rates among young people. Drug abuse

Gun Use and Crime Even though gangs are heavily involved in criminal activity, most in any form often leads to further criminal behavior in Category of Users

gang-related homicides are not crime related. That is, the killings do not occur during adolescents, as we will see when we look at the juvenile Age
12-17
drug deals or robberies “gone bad.” Rather, according to data collected by the federal gov­ justice system in Chapter 13. In general, the massive mar­ 18-25
ernment, the great majority of gang deaths involve the deadly mix of inter-gang conflict ket for illegal drugs causes significant damage both in the 26 and older
(such as territorial or personal disputes) and firearms.^® Overall, about 475,000 violent United States and in countries such as Mexico that sup­ Gender
crimes are committed each year using a firearm, including over 10,000 homicides,® and ply America with its “fix.” Male
illegally obtained firearms are a constant concern for law enforcement officials. Female
At the same time, legal ownership of guns is widespread, with about one-third of Race and Ethnicity

American households possessing at least one gun.^‘ In 2008, the United States Supreme Homeland Security White
African American
Court further solidified the legal basis for gun ownership by ruling that the U.S. Constitu­ and Domestic Terrorism American Indian
tion protects an individual’s right to “bear arms."^^ The Court’s decision has done little Without question, the attacks of September 11, 2001— Asian American
to lessen the debate over gun control, the policies that the government implements to when terrorists hijacked four commercial airlines and used Hispanic
keep firearms out of the hands of the wrong people. pcupic: 111 INew lUiK ^Ity,
25
The clamor surrounding this debate has intensified in recent years as a result of northern Virginia, and rural Pennsylvania—were the most Percentage Using In Past Month
several high-profile, multiple-victim incidents involving firearms. On December 14, significant events of the first decade of the 2000s as far as
2012, Adam Lanza shot and killed twenty first-graders and six adults at an elementary crime fighting is concerned. As we will see throughout this Source: National Survey on Drug Use and Health, 2013.
school in Newtown, Connecticut. Then, on September 16, 2013, Aaron Alexis went on textbook, the resulting homeland security movement has
a shooting spree that left twelve people dead at a military base in Washington, D.C. We touched nearly every aspect of criminal justice. This movement has the ultimate goal of
will take a closer look at mass shootings in the next chapter, and we will cover gun con­ protecting America from terrorism, which can be broadly defined as the random use or
trol extensively in Chapter 14. threat of violence to achieve political goals.

The Illegal Drugs Problem One area in which the nation’s crime outlook has not been COUNTERTERRORISM AND CIVIL LIBERTIES “September 11 is the day that never ends,"
particularly encouraging involves illegal drugs. Over the past two decades, while arrests wrote journalist Richard Cohen on the occasion of its tenth anniversary in 2011,® Cer­
for most criminal behavior declined, the arrest rate for illegal drug possession and use tainly, the memory of that day’s events has lingered in the public consciousness. In an
increased by 80 percent.® Today, more than six of every ten arrestees test positive for at April 2013 survey, more than half of the respondents thought that a future terrorist
least one illegal drug in their systems at the time of arrest." attack was “very” or “somewhat” likely, and 40 percent worried about terrorism directly
The broadest possible definition of a drug, which includes alcohol, is any sub­ impacting themselves or their families.^' Mobilized by such fears, federal, state, and local
stance that modifies biological, psychological, or social behavior. In popular terminol­ governments spent about $600 billion from 2002 to 2011 to bolster the nation’s home­
Homeland Security
ogy, however, the word drug has a more specific connotation. When people speak of the land security apparatus,® A concerted national effort to prevent
terrorist attacks within the United
drug problem, or the war on drugs, or drug abuse, they are referring specifically to ille­
States and reduce the country’s
gal psychoactive drugs, which affect the brain and alter consciousness or perception. The Patriot Act The need to respond to the terrorist threat led American politicians and
vulnerability to terrorism.
Almost all of the drugs that we will be discussing in this textbook, such as marijuana, police officials to turn sharply toward crime control principles, as discussed on page 17. Terrorism The use or threat of
cocaine, heroin, and amphetamines, are illegal and psychoactive. In particular, the Patriot Act,® passed six weeks after the 9/11 attacks, strengthened the ij/iolence to achieve political objectives.

I
C //// 20 Criminal Justice in Action; The Core CHAPTER 1 Criminal Justice Today 21
 ability of federal law enforcement agents to investigate and incarcerate suspects. The
Civil Liberties The basic rights
and freedoms of American citizens as 342-page piece of legislation is difficult to summarize, but some of its key provisions individuals who become emboldened after
guaranteed by the U.S. Constitution, include the following: meeting others who share their extreme views.
particuiarly the Bill of Rights.
In many instances, these views involve outrage
Domestic Terrorism Acts of 1. An expansion of the definition of what it means to “engage in terrorist activity” to
terrorism that take place on U.S. soii over American military excursions against
include providing “material support” through such activities as fund-raising or
without direct foreign involvement. Muslims in the Middle East, as well as con­
operating Web sites for suspected terrorist organizations.
tempt for Western cultural norms at home. For
2. Greater leeway for law enforcement agents to track Internet use, access private
example, Dzhokhar Tsarnaev told investiga­
financial records, and wiretap those suspected of terrorist activity.
tors that he and his brother, Tamerlan, planted
3. A reduction in the amount of evidence that law enforcement agents need to gather
pressure-cooker bombs near the finish line of
before taking a terrorist suspect into custody.
the 2013 Boston Marathon as a protest against
U.S.-led wars in Iraq and Afghanistan.” The
Homeland Security and Civil Liberties in 2013, disclosures that the federal government had
secretly acquired the phone records of millions of Americans caused many to reassess bombs killed three people and injured more
than 260 spectators at that event.
their views on privacy and national security. Following these revelations, which we will
The Tsarnaev brothers neatly fit the
explore in Chapter 6, a national poll showed that 47 percent of Americans said that the
domestic terrorist stereotype of the “self-
federal government had gone too far in restricting civil liberties in its efforts to fight terror­
ism.'” The term civil liberties refers to the personal freedoms guaranteed to all Americans radicalized extremist” with roots in a faraway Muslim land. (In 2012, Tamerlan Tsar­ In August 2013, David Brutsche
by the U.S. Constitution, particularly the first ten amendments, known as the Bill of Rights. naev spent six months in Dagestan, a republic of Russia that is considered a training (second from the right) appeared
in Las Vegas, Nevada, Justice
Concerns about balancing personal freedoms and personal safety permeate our ground for Islamic militants.) Many domestic terrorists have no connection whatsoever
Court to face charges related to
criminal justice system. In fact, an entire chapter of this textbook—Chapter 6—discusses to Islamic fundamentalism, however. According to one study, 25 percent of all known his plans to kidnap and murder

the rules that law enforcement must follow to protect the civil liberties of crime sus­ terrorist incidents in this country since 2001 have involved antigovernment extremists a law enforcement agent. Why
is Brutsche, a member of the
pects. Many of the issues that we will address in that chapter are particularly relevant to or white supremicists.” The FBI devotes significant resources to thwarting domestic "sovereign citizens" movement

counterterrorism efforts. For example, threats such as the sovereign citizens movement, whose members reject government described in the text, considered
authority and plot to kill police officers as a form of protest. a domestic terrorist?
1. The First Amendment to the U.S. Constitution states that the government shall not
interfere with citizens’ “freedom of speech.” Does this mean that individuals should
The Emergence of Uictims' Rights
be allowed to support terrorist causes on the Internet?
In August 2013, lawyers for James Holmes—whose violent rampage in an Aurora, Colo­
2. The Fourth Amendment protects against “unreasonable searches and seizures.”
rado, movie theater was described earlier in the chapter-requested that survivors of the
Does this mean that law enforcement agents should not be able to seize the com­
attack not be allowed in court during Holmes’s trial. The lawyers asserted that the pres­
puter of a terrorist suspect unless they have actual proof of wrongdoing?
ence of the survivors would prejudice the proceedings against their client. Somewhat
3. The Sixth Amendment guarantees a trial by jury to a person accused of a crime.
predictably, District Court Judge Carlos A. Samour denied the request.
Does this mean that the US. military can find a suspect guilty of terrorist actions
“There has been a huge movement in criminal law toward giving victims a voice in
without providing a jury trial?
what happens—which provides both some solace and closure,” says Chicago Kent College
Critics of counterterrorism measures that include increased surveillance of Internet of Law professor Doug Godfrey.” For our purposes, a victim is any person against whom
activity (including e-mails), phone records, and citizens’ daily movements believe that a crime has been committed or who is directly or indirectly harmed by a criminal act.
limits should be placed on the government’s ability to collect “Big Data.” Supporters
counter that, for the most part, such tactics have been effective and therefore are worth ADVOCACY FOR CRIME VICTIMS Widespread recognition of crime victims is a relatively
any minimal privacy intrusions. recent phenomenon. It was not until the 1970s that victims’ rights advocates began address­
ing what they perceived to be an imbalance in favor of criminal defendants in the criminal
DOMESTIC TERRORISM For most of the past decade, America’s counterterrorism strate­ justice system. These activists pointed out that crime victims had virtually no rights under
gies have focused on international terrorism, represented by foreign terrorist organiza­ state or federal law. Therefore, they were forced to deal with the physical, emotional, and
tions that possess the resources to carry out large-scale, coordinated attacks. According financial consequences of victimization on their own. As a presidential task force con­
to James Comey, director of the FBI, because of these strategies, “the risk of that spec­ cluded in 1982, “The victims of crime have been transformed into agroup oppressively bur­
tacular attack in the homeland is significantly lower than it was before 9/11.” At the same dened by a system designed to protect them. This oppression must be redressed.””
time, Comey warned against the “risk of smaller attacks” by domestic terrorists.'^^ Though
the label covers a variety of illegal activities, domestic terrorism generally refers to acts LEGISUTIVE EFFORTS Over the past twenty years, all fifty states have redressed the
Victim Any person who suffers
of terror that are carried out within one’s own country, against one’s own people, and sRuation by providing legal rights to victims in their statutory codes or state constitu­ physical, emotional, or financial harm
with little or no direct foreign involvement. tions. Furthermore, in 2004, the U.S. Congress passed the Crime Victims’ Rights Act.''^ as the result of a criminal act,
L J

'////// 22 Criminal Justice in Action: The Core CHAPTER 1 Criminal Justice Today 23
 These legislative actions have given victims a much greater bars and that, once there, he or she would not be back in the community for a long while.
presence in criminal proceedings, including the right to The recent reversal of this pattern has led some experts to suggest that the due process Recidivism Commission of a new
crime by a person who has already
be heard in criminal court.'^ Various government agencies model, which favors rehabilitation over incarceration, has started to play a larger role been convicted of a previous crime and
also provide a broad range of services to crime victims, in American criminal justice policy. “This is the beginning of the end of mass incarcera­ sent to jail or prison.

from crisis intervention to emotional support to financial tion,” predicts Natasha Frost of Northeastern University.®' Capital Crime A criminal act that
makes the offender eligible to receive
compensation. There is no question that economic considerations have played a role in the nation's the death penalty.
Not all observers believe that the emergence of vic­ L J
shrinking inmate population. Federal, state, and local governments spend $80 billion a
tims’ rights has had a positive impact. In many instances, year on prisons and jails, and many corrections officials are under pressure to decrease
these critics point out, the various legislative efforts have costs.®" Increasingly, however, downsizing efforts reflect “the message that locking up a
failed to protect victims’ rights as promised. Furthermore, lot of people doesn’t necessarily bring public safety,” says Joan Petersilia, co-director of
some, such as James Holmes’s lawyers, feel that that the Stanford University s Criminal Justice Center.®® To reduce prison populations, therefore,
presence of victims in the courtroom adds an element of federal and state correctional officials are
bias to criminal proceedings.**’ Throughout this textbook,
we will examine the growing role of the victim in the crimi­ 1. Granting early release to nonviolent offenders, particularly low-level drug
offenders,
nal justice system to determine whether such criticisms
2. Diverting offenders from jail and prison through special courts that promote reha­
are justified.
bilitation rather than punishment, and
3. Implementing a number of programs to reduce the recidivism rate of ex-convicts.
During the 2014 trial of Inmate Population Trends Recidivism refers to the act of committing another crime (and possibly returning
Tyler Savage for raping and After increasing by 500 percent from 1980 to 2008, the inmate population in the United
murdering twenty-one-year- to incarceration) after a person has already been punished for previous criminal
States has leveled off and, as you can see in Figure 1.5 that follows, has even decreased
old Kimberly Dally in South behavior.
Hill, Washington, Klasa Sims, slightly over the past several years. Certainly, these decreases have been small, and the
shown here, expressed her American corrections system remains immense. More than 2.2 million offenders are in We wiU examine these policies and the ramifications for the nation’s prisons and jails in
sorrow over the victim’s death
prison or jail in this country, and another 4.8 million are under community supervision.®® Chapters 10,11, and 12.
and suffering. What are the
consequences—positive and Still, the new trend reflects a series of crucial changes in the American criminal justice
negative—of allowing a murder DECLINING USE OF THE DEATH PENALTY Another interesting corrections trend involves
system.
victim’s friends and family to death row inmates, who are in prison awaiting execution after having been found guilty
speak in court?
CHANGING INCARCERATION POLICIES For many years, the growing prison population
of committing a capital crime. In April 2013, the death row population in American
was fed by a number of “get tough on crime’’ laws passed by politicians in response to prisons stood at 3,108, down from 3.653 in 2000.®^ During that same time period, the
the crime wave of the late 1980s and early 1990s. These sentencing laws—discussed in number of annual executions in this country dropped from 85 to 39.
Chapter 9—made it more likely that a person arrested for a crime would wind up behind Judges and juries, it seems, have become less willing to sentence the “worst of the
worst criminals to death. In 2013, only 80 convicts were sentenced to death, down from
315 m 1996. and Maryland became the sixth state in six years to abolish the death pen­
FIGURE 1.5 Prison and Jail Populations in the United States, 1985-2012 alty.®® We will further explore capitalpunishment, one of the most controversial areas of
the criminal justice system, in Chapter 9.

INCARCERATION AND RACE One troublesome aspect of capital punishment is that a

black defendant is much more likely to be sentenced to death for killing a white vic­
tim than a white defendant is for killing a black victim.®® Indeed, looking at the gen­
eral statistics, a bleak picture of minority incarceration emerges. Even though African
Amencans make up only 13 percent of the general population in the United States, the
number of black men in state prisons (510,000) is larger than the number of white men
(465.200).®" (We should note, however, that this disparity has been shrinking during the
recent decrease in overall prison populations.)
In federal prisons, one in every three inmates is Hispanic,®® a ratio that has
increased dramatically over the past decade as law enforcement and homeland secu-
1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013
nty agencies have focused on immigration law violations, a subject we will consider in
Y6ar
apter 4. The question of whether these figures reflect purposeful bias on the part of
Sources: Bureau of Justice Statistics, Correctional Populations in the United States, 1995 (Washington. D.C.: U.S. Department
of Justice, June 1997), Table 1.1, page 12; and Bureau of Justice Statistics, Correctional Populations in the United States, 2012 certain members of the criminal justice community will be addressed at various points
(Washington, D.C.: U.S. Department of Justice, December 2013),Table 2, page 3. in this textbook.

24 Criminal Justice in Action: The Core

CHAPTER 1 CriminafJustice Today 25 XSSX
 The Social media Reuolution to move in ways that we can’t always predict and are slow to control,’ says Scott Decker, a
Two days after several bombs went off near the finish of the 2013 Boston Marathon—an criminal justice professor at Arizona State University."
event described earlier in the chapter—several media outlets incorrectly reported that a
suspect had been arrested. Immediately, news of the nonexistent arrest spread across the
ASSESSMENT
LEARNING Internet. Within an hour, however, the Boston Police Department (BPD) posted a tweet Fill in the blanks, and check your answers on page 29.
List the major issues in ^----------------- criminal justice places great importance on high rates of
that, in fact, no arrest had been made. Thanks to more than nearly 10,500 re-tweets, the
criminal justice today, l^j apprehension and conviction of criminal suspects. In contrast, the mnrioi
GBIECTIVE false report was refuted in relatively short period of time.®^ emphasizes the rights of the ’ ~
------^*^6 powers of the government. The ability of law
The BPD’s corrective tweeting is just one example of the influence that social media enforcement to identify criminal suspects will continue to be improved by its use of
can have in the criminal justice arena. Social media is the popular term for Internet- technology that reads and recognizes physical characteristics. America’s homeland sea]rit7’
based technologies that allow users to interact with each other and a larger online com­ apparatus designed to protect the nation from_______ has raised questions concerning
the proper balance between security and ____________
munity. The most popular social media outlets are Facebook, through which users can
create and share personal files; Instagram, which allows users to circulate photos and
videos; and microblogs such as Twitter, where they can post short comments. According
to the Pew Research Center, almost three-quarters of all Internet users regularly access
at least one social networking site.“

SOCIAL MEDIA AND LAW ENFORCEMENT The high level of social media use offers law
enforcement agencies numerous opportunities to interact with the communities they
serve. Consequently, over 75 percent of the largest police departments in the United
I?'.. ■i
States have a social media presence.^' As we will discuss in Chapter 4, law enforcement
agents are benefiting from using social media as crime-fighting tool. For example, the
BPD posted surveillance camera photos of the Tsarnaev brothers taken in the aftermath
of the marathon bombing. The images were immediately and repeatedly reposted, leav­
ing the suspects with few places in the city to hide.
Law enforcement agencies often use social media for public relations purposes,
TROUERSV,
such as congratulating an officer for solving a crime. Alsq, a social networking site
can helpful in passing along “tips" to the community. When officials at the Los Ange­
les Police Department decided to crack down on jaywalking—as discussed earlier in
CROWDSOURCING AND CRIME
the chapter—the department posted relevant sections of the state vehicle code on Following the Boston Marathon bombings on April 15, 2013,
• There is a high potential for an innocent person to be
its Facebook page. (To further explore the online relationship between the public law enforcement agents asked the public for help solving the
targeted as a suspect based on evidence that would
and law enforcement, see the feature CJ Controversy—Crowdsourcing and Crime that case. In particular, the police were interested in any photos or
never be accepted in a criminal court of law.
videos taken at the scene of the crime. This tactic of soliciting
follows.)
\ the input of large groups of people via the Internet is called
crowdsourcing,” and its presence in criminal investigations is Your Assignment
THE DARK SIDE OF SOCIAL MEDIA As a rule, any technology that helps law enforce­
increasing—for better or worse.
To learn more about crowdsourcing and criminal justice, go
ment provides new opportunities for criminal behavior, as well. Social media are no
CROWDSOURCING CAN HELP CRIME lo the Web sites of the Reddit Bureau of Investigation and
exception. Before being shut down by authorities, for example, an anonymous Insta­ Websleuths. Also, investigate the case of Sunil Tripathi
INVESTIGATIONS BECAUSE . . .
gram account posted photos and police statements identifying thirty witnesses to vio­ online. After doing whatever further Internet research you feel
• It places the efforts of thousands of computer-sawy
lent crimes in Philadelphia. The site’s stated purpose was to “expose rats” and keep civilians at the disposal of law enforcement. is necessary, write at least two full paragraphs describing why
them from testifying in criminal court.** As we will see in Chapter 14, international It creates networks where participants can quickly and
you feel crowdsourcing should or should not be encouraged by
terrorist groups are also able to raise money, recruit, and spread propaganda via social criminal justice officials.
easily share massive amounts of information concerninq
media. crimes.
Finally, because of the anonymity they provide, social media are natural outlets for
CROWDSOURCING CAN HURT CRIME
stalking, bullying, and harassment, topics we address in Chapter 14’s section on cyber
INVESTIGATIONS BECAUSE
crime, “The fascinating thing about technology is that once we open the door, it’s going Untrained "cybersleuths" are unskilled at interpreting all the
information that can be gathered on the Internet,

////// 26 Criminal Justice in Action; The Core

CHAPTER 1 Crimirral Justice Today 27
CHAPTER SUMMARY 3. Are you worried about being the victim of a terrorist 5. As noted earlier in the chapter, corrections officials are
attack? If so, why? If not, why not? reducing prison budgets by releasing nonviolent offend­
For more information on these concepts, look back to the Learning Objective icons throughout the chapter.
4. Refer back to this chapter’s discussion of ethics and ers before their sentences are finished. What is your
uAKNKiu Describe the two most common models of how mechanical steps that are designed to guide criminal the police officer who refused to arrest the nonviolent opinion of this strategy? What might be some of the
~t 1:1' society determines which acts are crimi- defendants from arrest to possible punishment. For every homeless person. Did the officer act properly in this sit­ consequences of large-scale early-release programs for
oKii i ii/i nai. The consensus model argues that the majority step in the formal process, though, someone has discretion, uation, or should he have carried out the law regardless drug dealers and those convicted of property crimes?
of citizens will agree on which activities should be out­ and such discretion leads to an informal process. Even of his personal ethical beliefs? Explain your answer.
lawed and punished as crimes. It rests on the assumption when prosecutors believe that a suspect is guilty, they have
that a diverse group of people can have similar morals. In the discretion not to prosecute, for example.
contrast, the conflict model argues that in a diverse society, Deflne ethics, and describe the role that it plays KEY TERMS
the dominant groups exercise power by codifying their in discretionary decision making. Ethics is a biometrics 19 discretion 15
value systems into criminal laws. system of moral principles that guides a person’s informal criminal justice process 15
capital crime 25 domestic terrorism 22 justice 8
p i Define crime. Crime is any action punishable perception of right and wrong. Most criminal justice pro­ civil liberties 22 drug 20 morals 6
■ Sll" under criminal statutes and is considered an fessionals have a great deal of discretionary leeway in their conflict model 6
L T J due process model 17 psychoactive drugs 20
- ^ offense against society. Therefore, alleged criminals day-to-day decision making, and their ethical beliefs can consensus model 5 ethics 16 recidivism 25
are prosecuted by the state rather than by victims. Crimes help ensure that they make such decisions in keeping with crime 5 federalism 9 street gang 20
are punishable by sanctions that bring about a loss of per­ society’s established values. crime control model 17 formal criminal justice process 13 terrorism 21
sonal freedom or, in some cases, fines. lAARNirjH Contrast the crime control and due process criminal justice system 8 gun control 20 victim 23
Outline the three levels of law enforcement. models. The crime control model assumes that the deviance 7 homeland security 21
■ Wf" Because we have a federal system of government, "■ ^ '1 criminal justice system is designed to protect the
law enforcement occurs at the (a) national, or fed­ public from criminals. Thus, its most important function is
eral, level, (b) state level, and (c) local levels within the to punish and repress criminal conduct. The due process SELF-ASSESSMENT ANSWER KEY
states. Because crime is mostly a local concern, most model presumes that the accused are innocent and pro­
Page?: i. morals; U. conflict; iii. society; iv. public officials/ Page 17: i. discretion; ii. informal; iii. ethics
employees in the criminal justice system work for local vides them with the most complete safeguards, usually
the government; v. deviance
governments. State police are often designated as “highway within the court system. Page 27: i. crime control; ii. due process; iii. accused;
patrols.” Agencies at the federal level include the FBI, the Page 9: i. justice; ii. protecting; iii. punishing; iv. victims
jl 'L, List the major issues in criminal justice today. iv. biometrics; v. terrorism; vi. civil liberties
DEA, and the US. Secret Service, among others. ■ (a) Maintaining low violent and property crime Page 13: i. federalism; ii. dual; iii. state; iv. formal
Pn essential elements of the corrections sys- ^ ' rates; (b) continually improving policing strategies;
“ 41^ tern. Criminal offenders are placed on probation, (c) street gangs; (d) gun sales and gun control; (e) use of ille­
L- I J
OHM K i incarcerated in a jail or prison, or transferred to com­ gal drugs; (f) homeland security; (g) the Patriot Act and NOTES
munity-based corrections facilities. After serving a partial civil liberties; (h) the proper role of victims in the criminal
1. Colorado Constitutional Amendment 5. Tracy Connor, “Judge OK’s Insanity
sentence in a jail or prison, many inmates are released on justice system; (i) Americas shrinking, though still massive, LXIV (2012), available at www.fcgov.com page number. The citation ends with the
Defense for Aurora Massacre Suspect year the case was decided, in parenthe­
inmate population; (j) cost-cutting measures in the correc­ /mmj/pdf/amendment64.pdf. James Holmes," NBCNEWS.com (June
parole. ses. Most, though not all. Supreme Court
2. Herman Bianchi. Justice as Sanctuary: 4, 2013), at U8new8.nbcnews.com case citations in this book will follow this
LiARNINH
tions system; (k) possible bias against minorities in the Toward a New System of Crime Control /_news/2013/06/04/18749073-judge
Explain the difl'erence between the formal and formula.
criminal justice system; and (1) social media in the criminal (Bloomington: Indiana University Press, -oks-insanity-defense-for-aurora
informal criminal justice processes. The formal 1994), 72. •mas8acre-8U8pect-Jame8-holmes?Ute.
7. Steve Nelson, “Bipartisan Task Force
justice system. Looks to Cut List of4,500 Federal Crimes,"
criminal justice process involves the somewhat 3. Lydia Saad. “U.S. Support for Euthanasia 6. Gonzales v. Oregon, 546 U.S. 243 (2006). U.S. News & World Report Qune 14, 2013),
Hinges on How It’s Described,” Gallup Poli­ Many United States Supreme Court cases at www.usnew8.com/news/newsgram
tics (May 29, 2013). at www.gallup.com will be cited in this book, and it is impor­ /article8/2013/06/14/biparti8an-task
/poll/16281 S/support-euthanasia tant to understand these citations. Gon­ -rorce-looks-to-cut-Ii8t-of-4500-federal
-hinge8-de8cribed.a8px.
QUESTIONS FOR CRITICAL ANALYSIS zales V. Oregon refers to the parties in the
case that the Court is reviewing. “U.S.” is
-crimes.
4. Megan Kurlychek. “What Is My Left Hand
the abbreviation for United States Reports, 8. President's Commission on Law Enforce­
Doing? The Need for Unifying Purpose
1. How is it possible to have a consensus about what should 2. What would be some of the drawbacks of having the vic­ the official publication of United States ment and Administration of Justice, The
and Policy in the Criminal Justice System," Challenge ofCrime in a Free Society (Wash­
or should not be illegal in a country with several hundred tims of a crime, rather than the state (through its public Criminology & Public Policy (November Supreme Court decisions. "546” refers to
the volume of the United States Reports in ington, D.C.: Government Printing Office.
2011), 909.
million adults from all races, religions, and walks of life? officials), prosecute criminals? which the case appears, and “243” is the
1967), 7.

28 Criminal Justice In Action: The Core

CHAPTER 1 CriminalJustice Today 29
9. John Heinz and Peter Manikas, “Networks 27. Policing and the Economic Downturn: Striv- 43. "Terrorism: Are We Ignoring the Biggest 61. Joel D. Lieberman, Deborah Koetzle. and 62. Philadelphia Police Find Online List of
among Elites in a Local Criminal Justice ingfor Efficiency Is the New Normal (Wash­ Threat?" The Wfee*(August24-31.2012). 19. Mari Sakiyama, “Police Departments’ Use Gain, Christian Science Monitor (August
Witnesses," Associated Press (November
ington, D.C.: Police Executive Research of Facebook: Patterns and Policy Issues," 10,2013). 3, 2011), at www.csmonitor.com/USA
System,” Law and Society Review 26 (1992), 44. Federal Bureau of Investigation, “Domes­
Forum, February 2013), 1. tic Terrorism: The Sovereign Citizen Police Quarterly {December 2013), 439. /2011/0803/Flash-rob8-How-Twitter-l8
831-861. 63. Quoted in Patrikjonsson, “‘Flash Robs’:
Movement” (April 13, 2010), at www •being-twisted-for-criminal-gain-VIDEO.
10. James Q. Wilson, “What to Do about 28. National Gang Center, 2011 National How Twitter Is Being Twisted for Criminal
Crime: Blaming Crime on Root Causes," Youth Gang Survey Analysis (January 15, . fbi.go v/news/stories/2010/apriI
Vital Speeches (April 1,1995), 373. 2014), at www.nationalgangcenter.gov /8overeigncitizen8_041310.
/Survey-Analysis. 45. Quoted in Daniel B. Wood, “James Holmes
11. Herbert Packer, The Limits of the Criminal
Sanction (Stanford, Calif.: Stanford Univer­ 29. Centers for Disease Control and Preven­ Hearing: At Last, A Chance for Victims to
sity Press. 1968). 154-173. tion, “Gang Homicides—Five Cities, 2003 to Testify” Christian Science Monitor (Janu­
12. Ibid.
2008," Morbidity and Mortality Weekly Report
(January 27,2012), at www,cdc.gov/mmwr
ary 7,2013), at www.C8monitor.com/USA
/Ju8tice/2013/0107/Jame8-Ho]me8
CHAPTER ONE APPENDIX
13. Daniel Givelber, “Meaningless Acquittals. /preview/inmwrhtinl/min6103a2.htm. -hearing-At-la8t-a-chance-ror-victim8
Meaningful Convictions: Do We Reliably -to-testify.
Acquit the Innocent?” Rutgers Law Review
30. Michael Plenty and Jennifer L. Truman,
46. Lois Haight Herrington et al.. President’s
How to Read Case Citations
Firearm Violence. 1993-2011 (Washing­
49 (Summer 1997), 1317.
ton, D.C.; U.S. Department ofJustice, May Task Force on Victims ofCrime: Final Report and Find Court Decisions
14. Donna Evans, “Police Crackdown on Jay­ 2013), 1. (1982), at www.ojp.U8doj.gov/ovc/public
walking Means Tickets of Up to $250,” atlon8/presdntst8kforcrprt/87299.pdf. Many important court cases are discussed throughout this hook. Every time a court cas<
31. National Opinion Research Center, Gen­
DTNews (December 9, 2013), at www.la 47. 18 U.S.C. Section 3771 (2006). is mentioned, you will be able to check its citation using the endnotes on the fmal pages
downtown new8.com/news/police eral Social Survey Cumulative Datafile
-crackdown-on-jaywalking-means 1972-2012 (Chicago. IL: University of Chi­ 48. Susan Herman, Parallel Justicefor Victims of the chapter. Court decisions are recorded and published on paper and on the Internet
-ticket8-of-up-to/article_r7ebf922-5ec6 cago, 2013), 3. of Crime (Washington, D.C.: The National
When a court case is mentioned, the notation that is used to refer to, or to cite, the case
-1 le3-b537-00la4bcfB87a.htnil. 32. District of Columbia v. Heller, 554 U.S. 570 Center for Victims of Crime), 46-47.
(2008). 49. Danielle Levine, “Public Wrongs and Pri­
denotes where the published decision can be found.
15. George P. Fletcher. “Some Unwise Reflec­
tions about Discretion,” Law <4 Contempo­ 33. Howard Snyder.Arrests in die Unifed States, vate Rights: Limiting the Victim’s Role Decisions of state courts of appeals are usually published in two places: the state
rary Problems (Autumn 1984), 279. 1990-2010 (Washington, D.C.: Bureau of in a System of Public Prosecution," 104
reports of that particular state and the more widely used National Reporter System pub­
Justice Statistics, October 2012), 12. Northwestern University Law Review {21310).
16. “ACLU Asks Justice Department to Inves­ 335-362. lished by West Group. Some states no longer publish their own reports.The National
tigate Racially-Biased Police Practices in 34. Office of National Drug Control Policy,
Saginaw,” flc/a.or5 (September 19, 2013), ADAM II: 2012 Annual Report (Washington. 50. Bureau of Justice Statistics, Correctional Reporter System divides the states into the following geographic areas: Atlantic (A. or
at www.aclu.org/criminal-law-reform D.C.: Executive Office of the President, May Populations in the United States, 2012
A.2d), North Eastern (N.E. or N.E.2d), North Western (N.W. or N.W.2d), Pacific (P. P.2d
-prisoners-rights-racial-justice/aclu 2013), X. (Washington, D.C.: U.S. Department of Jus­
-asks-justice-department-investigate. tice, December 2013), Table 2, page 3. or P.3d), Southern (So.. So.2d, or So.3d), and South Western (S.W., S.W2d. or S.W.3d) The’
35. Substance Abuse and Mental Health Ser­
17. Antonin Scalia, “The Rule of Law as a Law vices Administration, Resultsfwm the 2012 51. Quoted in Erica Goode, “US. Prison Popula­ 2d and 3d m these abbreviations refer to the Second Series end Third Series, respectively.
ofRules," University ofChicago Law Review National Survey on Drug Use and Health: tions Decline. Reflecting New Approach to
Crime.” New YoiJc Times (July 26,2013), Al 1.
Federal trial court decisions are published unofficially in West s Federal Supple-
56{1989).1178-1180. Summary of National Findings (Wash­
ington, D.C.: National Institute on Drug 52. “One Nation. Behind Bars," The Economist ment (ESupp. or ESupp.2d), and opinions from the circuit courts of appeals are reported
18. John Kleinig, Ethics and Criminal Justice:
An Introduction (New York: Cambridge Abuse, 2012), 1-4. (August 17,2013), 12. unofficially m West s Federal Reporter (E, F,2d, or F.3d). Opinions from the United States
University Press, 2008), 33-35. 36. Quoted in “9/11: Ten Years Later, How 53. Quoted in Goode, op. cit Supreme Court are reported in the United States Reports (U.S.). the Lawyers Edition of
America Has Changed,” The Week (Septem­
19. Packer, op. cU. 54. Death Penalty Information Center, "Death me Supreme Court Reports (L.Ed.). Wests Supreme Court Reporter (S.Ct.). and other pub
ber 16,2011), 18. •jv

20. Givelber, op. cit Row Inmates by State and Size of Death
37. Lydia Saad, “Post-Boston, Half in U.S. Row by Year,” at www.deathpenaltylnfo hcations. The United States Reports is the official publication of United States Supreme
21. Andrew Dugan, “More Say Crime Is Serious Anticipate More Terrorism Soon,” Gallup .org/death-row-inmates-state-and-size
Problem in U.S. than Locally,” Gallup Poli­ Court decisions. It is published by the federal government. Many early decisions are
Politics (April 26, 2013), at www.gailup -death-row-year.
tics (November 1, 2013), at www.gailup .com/poll/162074/po8t-bo8ton-half missing from these volumes. The citations of the early volumes of the United States
.com/poIl/165677/8ay-crime-8eriou8 55. Death Penalty Information Center, “The
-anticipate-terTori8m-8oon.a8px.
•probIem-Iocally.a8px.
22. Federal Bureau of Investigation. Crime
38. Scott Shane, “Shifting Mood May End
Blank Check for U.S. Security Efforts,” New
Death Penalty in 2013: Year End Report" at
deathpenaltyinfo.org/YearEnd20l3. TculllTt , "Trfor example, is cited as 17 US. (4 Wheat.) 316. Only" after
eCulloch V. Maryland, Wh-‘--1874
in the United States 2012 (Washington, 56. Death Penalty Information Center, did the present citation system, in which cases are cited based solely on their volume
York Times (October 25,2012), Al.
D.C.: U.S. Department of Justice. 2013), “National Statistics on Death Penalty and
at www.fbi.gov/about-us/cjis/ucr 39. Uniting and Strengthening America by Race,” at www.deathpenaltymfo.org/race ^nd page numbers in the United States Reports, come into being The Lawyers Edition of
Providing Appropriate Tools Required to -death-row-inmates-executed*1976.
/crime-in-the*u.8/20l2/crime-in-the
Intercept and Obstruct Terrorism (USA
2 Supreme Court Reports is an unofficial and more complete edition of Supreme Court
-U.6.-2012. 57. Bureau of Justice Statistics. Prisoners in
PATRIOT) Act of 2001, Pub. L. No. 107-56,
2012—Advance Counts (Washington, D.C.: Orore"i8^rT?'’"T ^ of d-sions dating from
23. James Alan Fox, quoted in Donna Lein- 115 Stat. 272 (2001).
wand Leger, “Violent Crime Rises for 2nd U.S. Department of Justice, July 2013), men t! r n f " ' brief editorial state-
40. Pew Research Center for the People & the Table 9. page 10.
Year." USA Today (October 25-27. 2013), ments of the law involved in a given case.
Press, “Few See Adequate Limits on NSA
lA. 58. Federal Bureau of Prisons, “Inmate Eth­
Surveillance Program” (July 26, 2013),
24. Charis E. Kubrin et al., “Proactive Polic­ nicity,” at www.bop.gov/about/8tati8tic8 volum ‘be name of the case: the
at www.people-pres8.org/2013/07/26
ing and Robbery Rates across U.S. Cities,” /8tati8tic8_inmate_ethnicity.jsp. ownTenortr’ official report (if the state publishes its
/few-see-adequat e-limit s-on-nsa
Criminology (February 2010), 57-91. -BurveiUance-program. 59. Michael Chertoff and Dallas Lawrence.
25. James Q. Wilson, “Hard Times, Fewer 41. Quoted in Timothy M. Phelps, “Terror­
“Investigating Terror in the Age of Twitterr court 0^1 ' “T ■ ^ottonal Reporter. Federal
m citations also give the name of the case and the volume, name, and page number
Crimes." Wall Street Journal {M&y 31,2011), Wall StreetJournal {NpTi\2A,213\3), 18.
ist Threat in U.S. Declining, FBI Directory
9. Says," Arizona Daily Star (November 15, 60. Joanna Brenner, “Pew Internet: Social parentZ^rc!" TT f“«>ook lists tbe year of the decision in
26. The Federal Bureau of Investigation, 2013), A15. Networking (full detail)’ (December 31,
2013), at pewinternet.org/Commentary
Su n "“‘*‘^‘’*“''0’‘0"'P‘®'‘**ooaseAfirandav.Arfeona,384U.S.436(1966) The
“Next Generation Identification," at www 42. Greg Miller and Sari Horwitz, “Blasts Point
.fbi.gov/about-us/cjis/fingerprints /2012/March/Pew-Internet-Social CZn of the United States
to Gaps in U.S. Counterterror System,” Chi­
_biometrlc6/ngi. -Netwoiking-fiill-detailatspx. P son page 436. The case was decided in 1966.
cago Tribune (May 6,2013), 12.

30 Criminal Justice in Action: The Core

CHAPTER 1 Criminal Justice Today 31