Essentials of Criminal Justice - 6e - c 01, Angielskie [EN](4)(2)
[ Pobierz całość w formacie PDF ]
P
ART
1
The Nature of Crime,
Law, and Criminal Justice
A
nationwide search began when eight-months-pregnant Laci
1 CRIME AND
CRIMINAL JUSTICE
Peterson, a 27-year-old substitute teacher in Modesto, California,
disappeared on Christmas Eve 2002. Her grieving husband, Scott,
told her family and police that she had simply vanished from their home
while he was on a fishing trip. She was going to take a walk in a nearby
park, he said, and never came back. When her body and that of her
unborn child were found four months later, Scott was charged with two
counts of murder.
2 THE NATURE OF
CRIME AND
VICTIMIZATION
3 CRIMINAL LAW:
SUBSTANCE AND
PROCEDURE
Though Laci's parents and relatives at first believed that Scott Peterson
could not have harmed his wife, their trust was broken when detectives
told them that Scott was having an affair with a massage therapist named
Amber Frey and had also taken out a $250,000 life insurance policy on Laci.
4 CRIMINAL JUSTICE
IN THE NEW
MILLENNIUM:
TERRORISM,
HOMELAND
SECURITY, AND
CYBER CRIME
Scott pleaded not guilty to two counts of murder. During the trial, the defense
first tried to blame the murder on transients who were in the park at the time
Laci disappeared and then floated a theory of mistaken identity (i.e., Laci
looked like a prosecutor who lived in the neighborhood, and it may have been
a revenge killing). The prosecution presented evidence of Scott’s infidelity and
suspicious activity: He was seen carrying a large wrapped object out of his
house the night Laci disappeared; his “fishing trip” was in the vicinity of
where her body was recovered. As the jury deliberated, it seemed they were
hopelessly deadlocked. Two jurors were replaced—the foreman (who asked
to be replaced) and a juror who was supposedly conducting independent
research on the case. On November 12, 2004, the reconstituted jury brought
back a guilty verdict; Scott was sentenced to death soon after.
How can such crimes as the killing of Laci Peterson be explained? Are they
a product of an abnormal mind, or the result of social and economic fac-
tors? Are crimes like this common? Is the murder rate on the increase or in
decline? What factors must a jury consider in order to find Scott guilty of
murder in the first degree? And what should be done with a criminal such
as Scott Peterson? Should he be sentenced to death? Or would you spare
his life? What would be the moral and ethical thing to do?
The first section of
Essentials of Criminal Justice
deals with these issues
in some detail. Chapter 1 reviews the criminal justice process, chapter 2
analyzes the nature and extent of crime, chapter 3 looks at criminal law
and its processes, while chapter 4 reviews some of the emerging issues
confronting the justice system.
■
1
53247_01_Ch01_p001-031 pp3.indd 1
11/12/07 10:21:35 PM
C
HAPTER
1
2
THE POLICE AND LAW ENFORCEMENT
Crime and Criminal
Justice
Chapter Outline
Is Crime a Recent Development?
Crime at the Turn of the Twentieth
Century
The Informal Criminal Justice
System
The “Wedding Cake” Model of Justice
Developing the Criminal Justice
System
The Modern Era of Justice
Federal Involvement in Criminal Justice
Perspectives on Justice
Crime Control Perspective
Rehabilitation Perspective
Due Process Perspective
Nonintervention Perspective
Justice Perspective
Restorative Justice Perspective
Perspectives in Perspective
The Contemporary Criminal Justice
System
Agencies of the Criminal Justice
System
Ethics in Criminal Justice
Ethics and Law Enforcement
Ethics and the Courts
Ethics and Corrections
The Formal Criminal Justice Process
The Criminal Justice Assembly Line
2
53247_01_Ch01_p001-031 pp3.indd 2
11/12/07 10:21:36 PM
3
POLICE IN SOCIETY: HISTORY AND ORGANIZATION
Learning Objectives
1. Be able to define the concept of criminal
justice
2. Be aware of the long history of crime in
America
3. Discuss the formation of the criminal
justice system
4. Name the three basic component
agencies of criminal justice
5. Comprehend the size and scope of the
contemporary justice system
6. Trace the formal criminal justice process
7. Know what is meant by the term
“criminal justice assembly line”
8. Discuss the “wedding cake” model of
justice
9. Be familiar with the various perspectives
on justice
10. Understand the issues concerning ethics
in criminal justice
Key Themes
Crime is not a recent phenomenon but
has been around since the nation was
founded more than 200 years ago.
At its core, the justice system is designed
to protect the public from those people
who cannot abide by or obey the law.
The justice system can be viewed as both
a group of independent agencies and a
people-changing process with distinct
steps or stages.
Not all cases are viewed as equal in
the justice process nor do all criminal
defendants receive equal treatment.
There is not a single vision of what justice
really means or how to define the objectives
of the criminal justice system. Justice tends
to be subjective rather than objective.
Seeking justice is often confounded by
ethical dilemmas that are often difficult to
resolve.
COBL
Profile
R
OSS WOLF’S law enforcement career
began when he went on a ride-along
with a college friend who was a sheriff’s
deputy with Florida’s Orange County Sheriff’s
Office (OCSO). In the course of one shift, he
found his calling. He went through an auxiliary
academy and started working as a volunteer
deputy. Four years later, he completed the
course at the Florida Basic Law Enforcement
Academy and started working full time for
the OCSO. After transferring to the Criminal
Investigations unit he spent several years as
a detective.
3
53247_01_Ch01_p001-031 pp3.indd 3
11/12/07 10:21:36 PM
4
PART 1
THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE
Though many contemporary law enforcement officers
have college degrees, Ross’s educational experience is
beyond the norm: he holds a B.A., a master’s degree in
Public Administration, and a doctoral degree in Higher
Education Administration and Leadership, all from the
University of Central Florida in Orlando. He also has
attended numerous in-service training sessions, gaining
certificates from the Florida Department of Law Enfor-
cement in Instructor Techniques, Criminal Law, Investi-
gative Interviews, and Field Training Officer.
Though Ross Wolf’s educational credentials qualify him
to teach at the university level, he did not want to give up
his law enforcement career. Currently, he is the Division
Chief for the Orange County Sheriff’s Office Reserves. He
leads a unit of more than 70 men and women who have
various specialties in law enforcement. They work in
assignments such as SWAT, marine patrol, background
investigations, criminal investigations, aviation, public
information, and other law enforcement specialties. Though
he holds an administrative position, Ross spends part of a
typical day in the field, going on patrol, assisting in special
details (like fundraisers for charitable organizations and
parades) and proactive arrest details (like drug stings), and
teaching at the local police academy. The entire OCSO
Reserve Unit has been recognized as one of the most
progressive volunteer police organizations in the country.
Ross Wolf’s career, which gives him the opportunity to
help society and serve the public, illustrates the wonderful
career prospects presented by the criminal justice system.
The system needs talented and educated people because
the public relies on the agencies of the criminal justice
system to provide solutions to the crime problem and to
shape the direction of crime policy.
Criminal justice may be viewed or defined as
the system of law enforcement,
adjudication, and correction that is directly involved in the apprehension, prosecu-
tion, and control of those charged with criminal offenses
.
This loosely organized
collection of agencies is responsible for, among other matters, protecting the
public, maintaining order, enforcing the law, identifying transgressors, bringing
the guilty to justice, and treating criminal behavior. The public depends on this
vast system not only to protect them from evil-doers and to bring justice to their
lives but to maintain order and protect the fabric of society.
This textbook serves as an introduction to the study of criminal justice.
This area of research and scholarship typically includes describing, analyzing,
and explaining the behavior of agencies authorized by law and statute to dis-
pense justice—police departments, courts, and correctional agencies—and is
designed to help these institutions identify effective and efficient methods of
crime control.
53247_01_Ch01_p001-031 pp3.indd 4
11/12/07 10:21:37 PM
5
CHAPTER 1
CRIME AND CRIMINAL JUSTICE
This chapter introduces some basic issues, beginning with a discussion of
the history of crime in America and the development of criminal justice. The
major organizations and
criminal justice processes
of the criminal justice
system are then introduced so that you can develop an overview of how the
system functions. Because there is no single view of the underlying goals that
help shape criminal justice, the varying perspectives on what criminal justice
really is or should be are set out in some detail.
IS CRIME A RECENT DEVELOPMENT?
Crime and violence have existed in the United States for more than 200 years.
In fact, the crime rate may actually have been much higher in the nineteenth
and early twentieth centuries than it is today.
1
Guerilla activity was frequent
before, during, and after the Revolutionary War. Bands supporting the British—
the Tories—and the American revolutionaries engaged in savage attacks on each
other, using hit-and-run tactics, burning, and looting.
The struggle over slavery during the mid-nineteenth century generated
decades of conflict, crimes, and violence, including a civil war. After the war,
night riders and the Ku Klux Klan were active in the South, using vigilante
methods to maintain the status quo and terrorize former slaves. The violence
spilled over into bloody local feuds in the hill country of southern Appalachia.
Factional hatreds, magnified by grinding poverty and the lack of formal law
enforcement, gave rise to violent attacks and family feuding.
After the Civil War, former Union and Confederate soldiers headed west
with the dream of finding gold or starting a cattle ranch; some resorted to
murder, theft, and robbery, such as the notorious John Wesley Hardin (who is
alleged to have killed 30 men, studied law in prison, and became a practicing
attorney before his death), Billy the Kid, and Johnny Ringo. Opposing them
were famous lawmen such as Wyatt Earp and Bat Masterson (who became a
sports columnist in New York after hanging up his guns).
Although the Civil War generated western gunslingers, it also produced
widespread business crime. Robber barons bribed government officials and
intrigued to corner markets and obtain concessions for railroads, favorable land
deals, and mining and mineral rights on government land. The administration
of President Ulysses Grant was tainted by numerous corruption scandals.
Crime at the Turn of the Twentieth Century
From 1900 to 1935, the nation experienced a sustained increase in criminal
activity. This period was dominated by Depression-era outlaws, including
the infamous “Ma” Barker (and her sons Lloyd, Herman, Fred, and Arthur),
Bonnie Parker and Clyde Barrow, Lester Gillis (AKA Baby Face Nelson),
George “Machine Gun” Kelly, and Charles “Pretty Boy” Floyd. The most
notorious of the bunch, bank robber John Dillinger, cut a swath through the
Midwest until he was slain on Sunday, July 22, 1934, in a shootout with fed-
eral agents in front of a Chicago movie house.
While these relatively small and mobile outlaw gangs were operating in the
Midwest, organized gangs flourished in the nation’s largest cities. The first
criminal gangs formed before the Civil War in urban slums, such as the Five
Points and Bowery neighborhoods in New York City. Though they sported color-
ful names, such as the Plug Uglies, the Hudson Dusters, and the Dead Rabbits,
they engaged in mayhem, murder, and extortion. These gangs were the forerun-
ners of the organized crime families that developed in New York and then spread
to Philadelphia, Chicago, New Orleans, and other major urban areas.
criminal justice process
The
decision-making points, from
the initial investigation or arrest
by police to the eventual release
of the offender and his or her
reentry into society; the vari-
ous sequential criminal justice
stages through which the of-
fender passes.
53247_01_Ch01_p001-031 pp3.indd 5
11/12/07 10:21:38 PM
[ Pobierz całość w formacie PDF ]
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P
ART
1
The Nature of Crime,
Law, and Criminal Justice
A
nationwide search began when eight-months-pregnant Laci
1 CRIME AND
CRIMINAL JUSTICE
Peterson, a 27-year-old substitute teacher in Modesto, California,
disappeared on Christmas Eve 2002. Her grieving husband, Scott,
told her family and police that she had simply vanished from their home
while he was on a fishing trip. She was going to take a walk in a nearby
park, he said, and never came back. When her body and that of her
unborn child were found four months later, Scott was charged with two
counts of murder.
2 THE NATURE OF
CRIME AND
VICTIMIZATION
3 CRIMINAL LAW:
SUBSTANCE AND
PROCEDURE
Though Laci's parents and relatives at first believed that Scott Peterson
could not have harmed his wife, their trust was broken when detectives
told them that Scott was having an affair with a massage therapist named
Amber Frey and had also taken out a $250,000 life insurance policy on Laci.
4 CRIMINAL JUSTICE
IN THE NEW
MILLENNIUM:
TERRORISM,
HOMELAND
SECURITY, AND
CYBER CRIME
Scott pleaded not guilty to two counts of murder. During the trial, the defense
first tried to blame the murder on transients who were in the park at the time
Laci disappeared and then floated a theory of mistaken identity (i.e., Laci
looked like a prosecutor who lived in the neighborhood, and it may have been
a revenge killing). The prosecution presented evidence of Scott’s infidelity and
suspicious activity: He was seen carrying a large wrapped object out of his
house the night Laci disappeared; his “fishing trip” was in the vicinity of
where her body was recovered. As the jury deliberated, it seemed they were
hopelessly deadlocked. Two jurors were replaced—the foreman (who asked
to be replaced) and a juror who was supposedly conducting independent
research on the case. On November 12, 2004, the reconstituted jury brought
back a guilty verdict; Scott was sentenced to death soon after.
How can such crimes as the killing of Laci Peterson be explained? Are they
a product of an abnormal mind, or the result of social and economic fac-
tors? Are crimes like this common? Is the murder rate on the increase or in
decline? What factors must a jury consider in order to find Scott guilty of
murder in the first degree? And what should be done with a criminal such
as Scott Peterson? Should he be sentenced to death? Or would you spare
his life? What would be the moral and ethical thing to do?
The first section of
Essentials of Criminal Justice
deals with these issues
in some detail. Chapter 1 reviews the criminal justice process, chapter 2
analyzes the nature and extent of crime, chapter 3 looks at criminal law
and its processes, while chapter 4 reviews some of the emerging issues
confronting the justice system.
■
1
53247_01_Ch01_p001-031 pp3.indd 1
11/12/07 10:21:35 PM
C
HAPTER
1
2
THE POLICE AND LAW ENFORCEMENT
Crime and Criminal
Justice
Chapter Outline
Is Crime a Recent Development?
Crime at the Turn of the Twentieth
Century
The Informal Criminal Justice
System
The “Wedding Cake” Model of Justice
Developing the Criminal Justice
System
The Modern Era of Justice
Federal Involvement in Criminal Justice
Perspectives on Justice
Crime Control Perspective
Rehabilitation Perspective
Due Process Perspective
Nonintervention Perspective
Justice Perspective
Restorative Justice Perspective
Perspectives in Perspective
The Contemporary Criminal Justice
System
Agencies of the Criminal Justice
System
Ethics in Criminal Justice
Ethics and Law Enforcement
Ethics and the Courts
Ethics and Corrections
The Formal Criminal Justice Process
The Criminal Justice Assembly Line
2
53247_01_Ch01_p001-031 pp3.indd 2
11/12/07 10:21:36 PM
3
POLICE IN SOCIETY: HISTORY AND ORGANIZATION
Learning Objectives
1. Be able to define the concept of criminal
justice
2. Be aware of the long history of crime in
America
3. Discuss the formation of the criminal
justice system
4. Name the three basic component
agencies of criminal justice
5. Comprehend the size and scope of the
contemporary justice system
6. Trace the formal criminal justice process
7. Know what is meant by the term
“criminal justice assembly line”
8. Discuss the “wedding cake” model of
justice
9. Be familiar with the various perspectives
on justice
10. Understand the issues concerning ethics
in criminal justice
Key Themes
Crime is not a recent phenomenon but
has been around since the nation was
founded more than 200 years ago.
At its core, the justice system is designed
to protect the public from those people
who cannot abide by or obey the law.
The justice system can be viewed as both
a group of independent agencies and a
people-changing process with distinct
steps or stages.
Not all cases are viewed as equal in
the justice process nor do all criminal
defendants receive equal treatment.
There is not a single vision of what justice
really means or how to define the objectives
of the criminal justice system. Justice tends
to be subjective rather than objective.
Seeking justice is often confounded by
ethical dilemmas that are often difficult to
resolve.
COBL
Profile
R
OSS WOLF’S law enforcement career
began when he went on a ride-along
with a college friend who was a sheriff’s
deputy with Florida’s Orange County Sheriff’s
Office (OCSO). In the course of one shift, he
found his calling. He went through an auxiliary
academy and started working as a volunteer
deputy. Four years later, he completed the
course at the Florida Basic Law Enforcement
Academy and started working full time for
the OCSO. After transferring to the Criminal
Investigations unit he spent several years as
a detective.
3
53247_01_Ch01_p001-031 pp3.indd 3
11/12/07 10:21:36 PM
4
PART 1
THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE
Though many contemporary law enforcement officers
have college degrees, Ross’s educational experience is
beyond the norm: he holds a B.A., a master’s degree in
Public Administration, and a doctoral degree in Higher
Education Administration and Leadership, all from the
University of Central Florida in Orlando. He also has
attended numerous in-service training sessions, gaining
certificates from the Florida Department of Law Enfor-
cement in Instructor Techniques, Criminal Law, Investi-
gative Interviews, and Field Training Officer.
Though Ross Wolf’s educational credentials qualify him
to teach at the university level, he did not want to give up
his law enforcement career. Currently, he is the Division
Chief for the Orange County Sheriff’s Office Reserves. He
leads a unit of more than 70 men and women who have
various specialties in law enforcement. They work in
assignments such as SWAT, marine patrol, background
investigations, criminal investigations, aviation, public
information, and other law enforcement specialties. Though
he holds an administrative position, Ross spends part of a
typical day in the field, going on patrol, assisting in special
details (like fundraisers for charitable organizations and
parades) and proactive arrest details (like drug stings), and
teaching at the local police academy. The entire OCSO
Reserve Unit has been recognized as one of the most
progressive volunteer police organizations in the country.
Ross Wolf’s career, which gives him the opportunity to
help society and serve the public, illustrates the wonderful
career prospects presented by the criminal justice system.
The system needs talented and educated people because
the public relies on the agencies of the criminal justice
system to provide solutions to the crime problem and to
shape the direction of crime policy.
Criminal justice may be viewed or defined as
the system of law enforcement,
adjudication, and correction that is directly involved in the apprehension, prosecu-
tion, and control of those charged with criminal offenses
.
This loosely organized
collection of agencies is responsible for, among other matters, protecting the
public, maintaining order, enforcing the law, identifying transgressors, bringing
the guilty to justice, and treating criminal behavior. The public depends on this
vast system not only to protect them from evil-doers and to bring justice to their
lives but to maintain order and protect the fabric of society.
This textbook serves as an introduction to the study of criminal justice.
This area of research and scholarship typically includes describing, analyzing,
and explaining the behavior of agencies authorized by law and statute to dis-
pense justice—police departments, courts, and correctional agencies—and is
designed to help these institutions identify effective and efficient methods of
crime control.
53247_01_Ch01_p001-031 pp3.indd 4
11/12/07 10:21:37 PM
5
CHAPTER 1
CRIME AND CRIMINAL JUSTICE
This chapter introduces some basic issues, beginning with a discussion of
the history of crime in America and the development of criminal justice. The
major organizations and
criminal justice processes
of the criminal justice
system are then introduced so that you can develop an overview of how the
system functions. Because there is no single view of the underlying goals that
help shape criminal justice, the varying perspectives on what criminal justice
really is or should be are set out in some detail.
IS CRIME A RECENT DEVELOPMENT?
Crime and violence have existed in the United States for more than 200 years.
In fact, the crime rate may actually have been much higher in the nineteenth
and early twentieth centuries than it is today.
1
Guerilla activity was frequent
before, during, and after the Revolutionary War. Bands supporting the British—
the Tories—and the American revolutionaries engaged in savage attacks on each
other, using hit-and-run tactics, burning, and looting.
The struggle over slavery during the mid-nineteenth century generated
decades of conflict, crimes, and violence, including a civil war. After the war,
night riders and the Ku Klux Klan were active in the South, using vigilante
methods to maintain the status quo and terrorize former slaves. The violence
spilled over into bloody local feuds in the hill country of southern Appalachia.
Factional hatreds, magnified by grinding poverty and the lack of formal law
enforcement, gave rise to violent attacks and family feuding.
After the Civil War, former Union and Confederate soldiers headed west
with the dream of finding gold or starting a cattle ranch; some resorted to
murder, theft, and robbery, such as the notorious John Wesley Hardin (who is
alleged to have killed 30 men, studied law in prison, and became a practicing
attorney before his death), Billy the Kid, and Johnny Ringo. Opposing them
were famous lawmen such as Wyatt Earp and Bat Masterson (who became a
sports columnist in New York after hanging up his guns).
Although the Civil War generated western gunslingers, it also produced
widespread business crime. Robber barons bribed government officials and
intrigued to corner markets and obtain concessions for railroads, favorable land
deals, and mining and mineral rights on government land. The administration
of President Ulysses Grant was tainted by numerous corruption scandals.
Crime at the Turn of the Twentieth Century
From 1900 to 1935, the nation experienced a sustained increase in criminal
activity. This period was dominated by Depression-era outlaws, including
the infamous “Ma” Barker (and her sons Lloyd, Herman, Fred, and Arthur),
Bonnie Parker and Clyde Barrow, Lester Gillis (AKA Baby Face Nelson),
George “Machine Gun” Kelly, and Charles “Pretty Boy” Floyd. The most
notorious of the bunch, bank robber John Dillinger, cut a swath through the
Midwest until he was slain on Sunday, July 22, 1934, in a shootout with fed-
eral agents in front of a Chicago movie house.
While these relatively small and mobile outlaw gangs were operating in the
Midwest, organized gangs flourished in the nation’s largest cities. The first
criminal gangs formed before the Civil War in urban slums, such as the Five
Points and Bowery neighborhoods in New York City. Though they sported color-
ful names, such as the Plug Uglies, the Hudson Dusters, and the Dead Rabbits,
they engaged in mayhem, murder, and extortion. These gangs were the forerun-
ners of the organized crime families that developed in New York and then spread
to Philadelphia, Chicago, New Orleans, and other major urban areas.
criminal justice process
The
decision-making points, from
the initial investigation or arrest
by police to the eventual release
of the offender and his or her
reentry into society; the vari-
ous sequential criminal justice
stages through which the of-
fender passes.
53247_01_Ch01_p001-031 pp3.indd 5
11/12/07 10:21:38 PM
[ Pobierz całość w formacie PDF ]