Myths about Criminal Justice 17 Summary 18 Key Terms 19 Review Questions 19 In the Field 20 On the Net 20 Critical Thinking Exercises 20

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1 CONTENTS PART ONE The Foundations of Criminal Justice 1 CHAPTER ONE Criminal Justice in the United States: An Overview 3 Criminal Justice: An Institution of Social Control 4 Crime and Criminal Law 4 Criminal Justice: The System 5 Police 5 Courts 5 Corrections 9 Standards of Proof in Criminal Justice 11 Two Models of Criminal Justice 13 The Crime Control Model 14 The Due Process Model 15 Crime Control versus Due Process 16 Myths about Criminal Justice 17 Summary 18 Key Terms 19 Review Questions 19 In the Field 20 On the Net 20 Critical Thinking Exercises 20 PART TWO Law Enforcement 23 CHAPTER TWO History and Structure of American Law Enforcement 25 The Limited Authority of American Law Enforcement 26 English Roots 27 The Tithing System 27 The Constable-Watch System 28 The Bow Street Runners 28 The London Metropolitan Police 28 The Development of American Law Enforcement 30 Early American Law Enforcement 30 Law Enforcement in the Cities 30 x

2 Contents xi Law Enforcement in the States and on the Frontier 33 Professionalism and Reform 35 Conflicting Roles 36 Community Policing 37 The Structure of American Law Enforcement 38 Local Policing and Its Duties 40 County Law Enforcement 45 State Law Enforcement 47 Federal Law Enforcement 49 The Department of Homeland Security 52 The War on Terrorism: A Preliminary Evaluation 58 American Private Security 60 Private Security Officers 61 Reasons for Growth 62 Issues Involving Private Security 62 Summary 65 Key Terms 66 Review Questions 66 In the Field 66 On the Net 67 Critical Thinking Exercises 67 CHAPTER THREE Policing: Roles, Styles, Functions, and Legal Constraints 69 Policing in America 70 The Roles of the Police 70 Characteristics of Police Work 71 Operational Styles 74 Police Functions 76 Patrol 77 Investigation 81 Traffic 86 Drug Enforcement 86 Community Policing 93 The Philosophy and Components of Community Policing 95 Implementing Community Policing 97 Procedural Law and Policing 98 Summary 109 Key Terms 110 Review Questions 110 In the Field 110 On the Net 111 Critical Thinking Exercises 111 CHAPTER FOUR Policing America: Issues and Ethics 113 The Police and the Public 114 Public Attitudes toward the Police 114

3 xii Contents Police Recruitment and Selection 117 Qualities of a Successful Police Officer 118 The Police Recruitment Process 119 Successful Recruiting Practices 124 The Police Selection Process 125 The Selection of a Law Enforcement Executive 129 Issues in Policing 130 Discretion 130 Job Stress 135 Use of Force 136 Police Corruption 139 Terrorism and Homeland Security 141 Definitions and Types of Terrorism 142 The Law Enforcement Response to Terrorism 144 How Prepared Is the United States to Defend Against Terrorism? 147 Summary 148 Key Terms 149 Review Questions 149 In the Field 149 On the Net 150 Critical Thinking Exercises 150 PART THREE The Courts 151 CHAPTER FIVE The Administration of Justice 153 The American Court Structure 154 The Federal Courts 154 The State Courts 160 Purposes of Courts 163 Key Actors in the Court Process 165 The Prosecutor 165 The Defense Attorney 170 The Judge 177 Pretrial Stages 179 Caseflow Management 180 From Arrest Through Initial Appearance 181 Bail and Other Methods of Pretrial Release 183 Information 186 Preliminary Hearing 186 Grand Jury 187 Arraignment 188 Plea Bargaining 188 The Criminal Trial 190 The Jury 191 The Trial Process 193 Trial Rights 196 Miscarriages of Justice 198 Summary 202

4 Contents xiii Key Terms 203 Review Questions 204 In the Field 204 On the Net 204 Critical Thinking Exercises 205 CHAPTER SIX Sentencing, Appeals, and the Death Penalty 207 Sentencing 208 The U.S. Constitution s Eighth Amendment 209 Statutory Provisions 210 Philosophical Rationales 216 Organizational Considerations 223 Presentence Investigation Reports 223 Personal Characteristics of Judges 224 Appeals 225 The Death Penalty 225 A Brief History of the Death Penalty in the United States 225 Enter the Supreme Court 226 The Procedural Reforms Approved in Gregg 232 Prospects for the Future 236 Summary 242 Key Terms 243 Review Questions 243 In the Field 243 On the Net 244 Critical Thinking Exercises 244 PART FOUR Corrections 245 CHAPTER SEVEN Institutional Corrections 247 Historical Overview of Institutional Corrections 248 European Background 248 Developments in the United States 250 The Incarceration Boom 255 Recent Trends 256 Prison Inmate Characteristics 260 Incarceration Facilities 262 Organization and Administration by Government 263 Classification and Other Special Facilities 263 Men s Prisons 266 Women s Prisons and Cocorrectional Facilities 270 Jails and Lockups 271 Institutional Security, Services, and Programs 278 Security and Inmate Discipline 279 Services and Programs 281

5 xiv Contents Summary 287 Key Terms 288 Review Questions 288 In the Field 288 On the Net 289 Critical Thinking Exercises 289 CHAPTER EIGHT Prison Life, Inmate Rights, Release, and Recidivism 291 Living in Prison 292 Inmate Society 292 Life in Women s Prisons 297 Correctional Officers 299 Inmate Rights and Prison Reform 303 Access to the Courts and Legal Services 303 Procedural Due Process in Prison 305 First Amendment Rights 305 Eighth Amendment Rights 306 Fourteenth Amendment Rights 308 The Limits of Litigation 309 Release and Recidivism 310 Summary 315 Key Terms 315 Review Questions 316 In the Field 316 On the Net 316 Critical Thinking Exercises 317 CHAPTER NINE Community Corrections 319 Community Corrections: Definition and Scope 320 Goals and Staff Roles 320 The Importance of Community Corrections 322 Probation 324 Historical Contex 325 Administration 326 Process and Procedures 326 Issues in Probation 333 Parole 335 Historical Context 337 Administration 337 Process and Procedures 338 Parole Issues 341 Intermediate Sanctions 347 Intensive-Supervision Probation and Parole (ISP) 348 Day Reporting Centers 351 Structured Fines or Day Fines 351 Home Confinement and Electronic Monitoring 353 Halfway Houses 357

6 Contents xv Temporary-Release Programs 361 Summary 363 Key Terms 364 Review Questions 364 In the Field 365 On the Net 365 Critical Thinking Exercises 365 PART FIVE Juvenile Justice 367 CHAPTER TEN Juvenile Justice 369 Historical Development of Juvenile Justice 370 The Development of Institutions for Youths 371 The Development of the Juvenile Court 374 The Processing of Juvenile Offenders 379 The Informal Juvenile Justice Process 379 The Formal Juvenile Justice Process 379 Correctional Programs for Juveniles 394 Community-Based Correctional Programs for Juveniles 394 Institutional Programs for Juveniles 398 Summary 405 Key Terms 406 Review Questions 406 In the Field 406 On the Net 407 Critical Thinking Exercises 407 Endnotes 408 Glossary 422 Case Index 431 Subject Index 432

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