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CJ
REALITIES
and CHALLENGES
THIRD EDITION
CJ
R EALI TI ES
AN D C HALLEN GES
3 R D EDITION
Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright © 2017 by
McGraw-Hill Education. All rights reserved. Printed in the United States of America. Previous editions
© 2013 and 2011. No part of this publication may be reproduced or distributed in any form or by
any means, or stored in a database or retrieval system, without the prior written consent of McGraw-
Hill Education, including, but not limited to, in any network or other electronic storage or transmission,
or broadcast for distance learning.
Some ancillaries, including electronic and print components, may not be available to customers outside
the United States.
1 2 3 4 5 6 7 8 9 0 DOW 21 20 19 18 17 16
ISBN 978-0-07-814094-5
MHID 0-07-814094-3
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copyright page.
The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a
website does not indicate an endorsement by the authors or McGraw-Hill Education, and McGraw-Hill
Education does not guarantee the accuracy of the information presented at these sites.
mheducation.com
Brief Contents
PART 1 Crime, Law, and the Criminal Justice System 1
2 Types of Crime 29
3 Causes of Crime 73
10 Sentencing 299
CH A PTER 1 CH APT ER 2
What Is the Criminal Justice System? 1 Types of Crime 29
THE RULES THAT BIND: NORMS AND LAWS 3 MEASURING CRIME 30
■ A Global View—How U.S. Legal Norms Differ from Those in Uniform Crime Reports 30
Singapore: The Case of Michael Fay 4 National Incident-Based Reporting System 32
WHAT IS CRIME? 4 National Crime Victimization Survey 32
Can Crimes Be Inherently Wrong? 5 Self-Report Data 34
■ What about the Victim?—“No Means No” . . . at Least in CRIMES AGAINST PERSONS 34
Some States 5 ■ A Global View—Measuring Crime around the World 35
Crimes Prohibited by Law 5 Data on Crimes against Persons 35
Consensus and Conflict Perspectives 6 The Victims: The Influence of Gender, Age, and Other Factors 36
■ Disconnects—Evolution of Marijuana Laws 7
■ A Case in Point—Michigan’s Task Force Approach to
THE CONSEQUENCES OF CRIME 8 Violent Crime Reduction 37
Sanctions 8 Homicide 38
Impact of Crime on Victims 8 Assault and Battery 42
Sexual Assault 42
THE STRUCTURE OF THE CRIMINAL JUSTICE SYSTEM 9
Robbery 44
Law Enforcement 10
■ Matters of Ethics—Ethical Issues When Dealing with Treatment of
■ Matters of Ethics—Lies That Convicted the Innocent 11
Offenders or Victims 45
The Courts 11
Crimes against Children 45
Corrections 12
Victim Services 12 PROPERTY CRIMES 48
Rates of Property Crime 49
HOW CRIMINAL JUSTICE WORKS: THE REALITIES 13
The Victims of Property Crime 49
The Criminal Justice Funnel and the Wedding Cake Model 13
Burglary 50
Crime Prevention 16
Larceny 50
The Crime Control Model 16
Motor Vehicle Theft 50
The Due Process Model 16
White-Collar Crime 51
INFLUENCES ON CRIMINAL JUSTICE 17
PUBLIC ORDER CRIMES 52
Fear of Crime 17
Crimes against Morality 52
■ Real Careers—Rachel Dreifus 18
Drug Offenses 54
Media Coverage 19
Politics 20 POLITICAL CRIMES 63
■ Race, Class, Gender—Stings or Entrapment? 21 Immigration Offenses 63
■ Real Careers—Amy Nye 65
Discrimination 21
CHALLENGES TO CRIMINAL JUSTICE TODAY 22 ORGANIZED CRIME 66
■ A Case in Point—The Right to DNA Testing after CRIMES BY GENDER 67
Conviction 24 ■ Race, Class, Gender—Gender and Crime 68
SUMMARY 25 SUMMARY 68
Review 25 Review 69
Key Terms 26 Key Terms 70
Study Questions 27 Study Questions 71
Critical Thinking Questions 27 Critical Thinking Questions 71
iv
Contents v
C H A PTE R 3 C HAPTER 4
Causes of Crime 73 Criminal Law and Defenses 109
SEEKING THE CAUSES OF CRIME: EARLY SCHOOLS OF WHAT IS LAW? 110
THOUGHT 75 Purpose and Function of the Law 111
The Classical School: Choosing to Be a Criminal 76 History of Criminal Laws 111
The Positivist School: Tendency Toward Criminal Behavior Is Modern Sources of Law in the United States 114
Predetermined 77 Civil and Criminal Laws 115
BIOLOGICAL FACTORS 78 ■ A Global View—Intellectual Property Piracy in the Twenty-First
Neurobiological Factors of Brain Function 78 Century 116
Genetic Factors: The Inheritance of Criminal Tendencies 80 ■ What about the Victim?—Civil Damages in Action: Creating the
Jeanne Clery Act 118
PSYCHOLOGICAL FACTORS 81
Criminal Laws: Misdemeanors, Felonies, and Infractions 119
Mental Disorders and Criminal Behavior 82 ■ A Case in Point—Convicted without Criminal Intent? 120
■ Matters of Ethics—Revising the DSM: A Process on Trial in the
Court of Professional Opinion 83 LEGAL ELEMENTS OF A CRIME 120
Intelligence and Morality—The Cognitive Brain 86 Corpus Delicti—Proof That a Crime Has Been Committed 120
■ Real Careers—Jessica Dubnoff 87 Actus Reus—The Criminal Act 121
Learning Criminal Behavior from Others: Social Learning Theory 88 Mens Rea—The Defendant’s Mental State 121
Psychodynamic Factors 88 Inchoate Offenses 123
Other Elements of Crime 124
SOCIOLOGICAL FACTORS 90
When Adversity Leads to Crime: Strain Factors 90 CRIMINAL DEFENSES 124
■ Race, Class, Gender—Why Join Gangs? 92 Mistake of Fact 125
On a Path to Crime: The Life Course Delinquency Perspective 92 ■ Real Careers—Christopher Gowen 125
SUMMARY 171
Review 171 C HAPTER 7
Key Terms 172
Study Questions 172 Legal and Special Issues in Policing 211
Critical Thinking Questions 173
THE FOURTH AMENDMENT 213
Searches and Seizures 213
CH A PTER 6 ■ Disconnects—Reasonably Private? 214
PART 3 Adjudication
■ Matters of Ethics—When Is a Mandatory Minimum ■ Race, Class, Gender—Exonerating the Innocent 321
Sentence Unjust? 312
SUMMARY 322
CAPITAL PUNISHMENT 314 Review 322
Key Terms 323
The Supreme Court and Capital Punishment 315
Study Questions 323
The Capital Punishment Trial 317 Critical Thinking Questions 323
Controversies Concerning Capital Punishment 318
■ A Global View—United Nations Resolution on a
Death Penalty Moratorium 319
PART 4 Corrections
POLICE AND YOUTH CRIME 478 ■ Matters of Ethics—Airport Security Technology in the
xi
OBSERVE I N V E S T I G AT E U N D E R S TA N D
A Critical Thinking Approach
to Criminal Justice
CJ: Realities and Challenges, Third Edition, takes a critical thinking approach to exam-
ining traditional and emerging issues and topics in criminal justice. A three-part frame-
work—Observe, Investigate, Understand—asks students to:
INVESTIGATE how these foundational principles are applied in the real world.
UNDERSTAND how and why these principles and practices are still evolving.
6 Policing
Operations
OBSERVE
■
I N V E S T I G AT E
After reading this chapter, you should be able to:
Identify the principal policing roles.
Compare the various policing strategies.
Describe the different jobs in policing.
U N D E R S TA N D
Each chapter opens with a series of learning objectives tied to this framework. These
goals are explored in the chapter using vivid examples to reinforce student learning.
At the end of each chapter, this same framework is used to recap key concepts and
xii
Even though the media regularly highlight incidents of police brutality and racial profiling, the public
generally supports the police, with the level of support higher among Whites than among people of color.
Most people expect that the police will keep everyone safe, but in fact most violent crimes occur among
persons who know each other. Expecting the police to prevent violent acts by one family member against
another, or by a friend against a friend, is a tall—and unrealistic—expectation.
■
A major part of the workload of police is maintaining order.
Police engage in law enforcement when they enforce criminal ■ Police are the primary public safety agency in charge of
where all activities are linked
law and apprehend lawbreakers. enforcing traffic laws.
■ Service activities are nonenforcement actions performed on an ■ Communications coordinates the performance of law specifically to these learning
as-needed basis. enforcement activities.
xiii
Probing the Myths and the
Realities of Criminal Justice
Another main goal of this text is to erase rampant misconceptions
about the criminal justice system. We created the M Y T H / R E A L I T Y
feature to reinforce the text’s real-world basis. Integrated throughout
the chapters, M Y T H / R E A L I T Y selections challenge students to
reflect critically on their own beliefs and to develop an understanding
of the way the system actually works. Each entry is connected to a
broader discussion that uses supporting data to explain a key principle.
Among the persistent myths we investigate are:
OBSERVE I N V E S T I G AT E U N D E R S TA N D
Reality-Relevant Special Features That
Reinforce the Text’s
Framework
CJ: Realities and Challenges, Third Edition, offers an array of special-
feature boxes that highlight and reinforce the Observe, Investigate,
Understand framework:
xiv
Contents xv
• A Case in Point links key text corruption in several states. For example, in 2010 the New Mexico cor-
rections secretary refused to penalize a private prison contractor for immigration law in Arizona that would yield hundreds of millions of dollars
understaffing prisons it operated—a violation of its contract with the in revenue by increasing the number of illegal immigrants detained in their
concepts to actual events and cases. state. New Mexico lost more than $18 million in penalties due to this lack
of contract enforcement. The state saved money, but at the expense of
private prisons. The prison companies not only lobbied hard for this legisla-
tion, they also contributed to the governor’s electoral campaign. In addi-
adequately staffing the prison. It turns out that the corrections secretary tion, two of the governor’s top advisers were former lobbyists for private
in New Mexico was a former employee of and a warden for the same prison companies. The governor signed the immigration bill and has advo-
• A Global View compares American private prison corporation. Furthermore, the prison corporation had
been accused of unfair political activity by contributing to the campaign
cated the privatization of the prisons housing these immigrants.
lity results from a his first wife for many years, Kody legally divorced her to legally marry his fourth Gender and Crime
Costs of Privatization Although
According to National Crime Victimization data of juvenile victims
thedespite
original rationale for use of private prisons
(ages 12–17), the increase in female violence, males continue to
nteractions with oth- wife. The sister wives claim the legal divorce and marriage was a joint family Females represent a small but increasing was percentage of thesavings,
financial offending private
commitprisons are in
certain violent factwith
crimes no greater
less expensive
frequency thantodooperate
females,
decision. Kody has had marriage rituals with the other three women and calls population in the United States for all crimes.thanIn government-run
2010, there were ap- prisons. 128
To realize
including intimate savings,
partner violence, some
stalking, private
aggravated prisons
assault, cut
forcible rape,
ions, social process proximately 1.6 million people in state and federal institutions, of whom robbery, and murder. In 2010, juveniles of both genders were equally likely to
them his wives, and they refer to him as their husband. All the wives entered into 113,000
354 were female offenders. Almost half of incarcerated females are experience a violent crime such as rape, robbery, or aggravated assault.g
in the developmen- the polygamist lifestyle voluntarily. In fact, the wedding planning for Brown’s White, whereas 32 percent of incarcerated males are White. Black males
linquent or criminal fourth ceremony and reception was the focus of one of the series’ episodes.
(37 percent) make up the largest portion of incarcerated males. Black
females (22 percent) were imprisoned at a rate twice that of White fe- OBSERVE INVESTIGATE UNDERSTAND
social process theory This show is an excellent illustration of culture conflict—in this case, how not males (113 per 100,000 for Black females versus 51 per 100,000 for
■ What might explain why a larger proportion of incarcerated women
White females).a Since
mas40943_ch11_324-359.indd 354 2000, the growth in the incarceration rate of fe- 4/21/16 8:02 PM
ch as poverty, social only the norms but also the laws of mainstream society clash with fundamentalist males in state or federal institutions increased 21 percent in comparison than men presents with mental health problems?
disorders, emphasizing Mormon values. The modern Mormon to only 15 percent for males.b ■ Why do you think the rate of murders committed by women has
Although males represent the largest percentage of prison inmates, declined since 1980?
teraction with others, Church has not advocated polygamy female inmates present with more mental health problems than do males. ■ The statistics indicate that females are becoming more violent than
reinforcement, role- since 1890; however, an estimated A 2006 study of the mental health of those incarcerated found that 23
ever before, but not for murder. What might explain this finding?
percent of females both in state facilities and in local jails were diagnosed
38,000 fundamentalist Mormons con-
nd reaction of others with a mental health problem, compared to 8 and 9 percent of male
tinue to believe in, and practice, multiple inmates, respectively.c SOURCES: aE. Anne Carson, “Prisoners in 2013,” Bureau of Justice Statistics Bulletin
oncepts in social pro- marriage secretly in the United States. Males offend with significantly greater frequency than do females, and (Washington, DC: U.S. Department of Justice, September 16, 2014), NCJ 247282. www.
bjs.gov/index.cfm?ty=pbdetail&iid=5109 (retrieved May 18, 2015).
in general male offenders are more likely than are female offenders to be vio- b
ooking-glass self, label- Although rarely prosecuted unless Lauren E. Glaze and Danielle Kaeble, “Correctional Populations in the United States,
lent. Women are much less likely than men to commit assault or murder, and 2013.” Bureau of Justice Statistics, December 19, 2014, NCJ 248479. www.bjs.gov/index.
tial association. children are being harmed, bigamy is a the rate of murders committed by women has declined since 1980.d Yet the cfm?ty=pbdetail&iid=5177 (retrieved May 18, 2015).
data show that women increasingly are engaging in violent crimes. A study cDoris J. James and Lauren E. Glaze, “Mental Health Problems of Jail and Prison Inmates,”
eveloped the idea of crime in Utah, punishable by a sentence that examined the gender of violent felons in the 75 largest counties from Bureau of Justice Statistics Special Report, September 2006, NCJ 213600. www.ojp.us-
n 1902 based on his of up to five years in prison. A person may be found guilty of bigamy in Utah 1990 to 2002 found that males were responsible for 91 percent of all violent doj.gov/bjs/pub/pdf/mhppji.pdf (retrieved December 20, 2008).
felonies and females for 9 percent.e The most recent data, from 2008, dLawrence Greenfield and Tracy Snell, “Women Offenders,” Bureau of Justice Statistics
efine ourselves by the through cohabitation—not just by entering into legal marriage contracts. By support previous statistics: At year-end 2008, there were 1,267,400 males Special Report (Washington, DC: U.S. Department of Justice, December 1999).
going public, the Browns exposed themselves to possible criminal prosecution, incarcerated in state facilities as compared to 94,800 women. When eBrian A. Reaves, “State Court Processing Statistics, 1990–2002: Violent Felons in Large
e perceive that others comparing males and females in specific crime categories, the statistics from Urban Counties,” Bureau of Justice Statistics, July 2006. www.ojp.usdoj.gov/bjs/pub/pdf/
and the state of Utah launched an investigation. In 2012 Utah’s case against, the year-end 2008 indicate that 53.8 percent of males and 35.6 percent of f
vfluc.pdf (retrieved December 28, 2008).
rt, dumb, responsible, Brown parents under the state’s bigamy statute was dismissed. However, the women were incarcerated for violent crimes; 17.7 percent of males and Heather C. West, William J. Sabol, and Sarah J. Greenman, “Prisoners in 2009” (Wash-
ington, DC: Bureau of Justice Statistics, December 2010, NCJ 231675). http://bjs.ojp.
criminal, we learn to family is continuing its suit against Utah’s bigamy law. 29 percent of females were incarcerated for property crimes; and usdoj.gov/content/pub/pdf/p09.pdf (retrieved July 3, 2011).
17.8 percent of males and 26.9 percent of females were incarcerated for gNicole White and Janet L. Lauritsen, “Violent Crime against Youth, 1994–2010,” Bureau
ays. How we see our- The Brown family adults decided to come out of the closet with their life- drug crimes. As these data indicate, while males are committing more violent of Justice Statistics, December 2012, NCJ 240106. www.bjs.gov/content/pub/ascii/
crimes, females are committing more property and drug crimes.f
who we become and style to help others understand that they are deeply committed to one another, vcay9410.txt (retrieved May 19, 2015).
rson who sees himself their children, and their family structure and to show that their children are well
y to commit criminal adjusted. Moreover, the parents do not want their children to have to live in
current, former, or would-be intimate partner. In these cases, the stalking is a
secrecy or shame, denying to others the truth about their family.
mself as a law-abiding form of abuse, used to control the victim.150
There are other differences in the incarceration rates and types of crimes
ommit criminal acts.
associated primarily OBSERVE I N V E S T I G AT E U N D E R S TA N D • Real Careers profiles recent graduates who have committed by males and females. The “Race, Class, Gender” box on page 68
highlights these patterns based on gender.
related to the theory
elf. Labeling theory
■ Are the Browns’ 16 children victims of their parents’ lifestyle choice? chosen a career
SUMinM criminal
ARY justice.
Explain. For 20 years after the FBI began compiling its Uniform Crime Reports in 1973, the incidence of serious
complicated route a
• Real Crime Tech illuminates the ways in which
violent crimes increased in the United States. After peaking in the early 1990s, the number of both
■ Is it emotionally abusive to raise children in a lifestyle for which the
g criminal, progressing violent crimes and property crimes reported to police has been declining, and rates of victim-reported
parents might be arrested and go to jail? Why or why not?
f criminality, and the and police-reported crime have been converging, for reasons not entirely understood.
defining a person as
■ Is it emotionally abusive to raise children in a lifestyle that makes it difficult
for them to fit into the dominant society, or that makes it impossible for
technology is currently used in a range of criminal Other important trends also stand out. On a global scale, the United States has a high murder rate,
and within this country, murder rates are highest in the South. Males are more frequently victimized by
this theory, the social
nces has the potential
them to have privacy? Why or why not? justice situations and settings. all categories of violent crime except rape and intimate partner violence. Women are less likely to report
a violent attack—especially rape, a crime in which perpetrator and victim very often know each other.
■ Do some research into other cases in which culture conflict has resulted Children are more frequently victimized by violent crime than are older people. Despite the great fear
“bad” or “good,” and
because others do not
in law violation.
• Race, Class, Gender traces the experiences of
68
that crimes against people evoke, almost 10 times as many crimes against property are reported.
llow. Criminals often 2013); Esther Lee, “Sister Wives Stars Say Polygamist Kody Brown’s Divorce, New Marriage Will
these labels, and it is ‘Legally Restructure’ Family,” US Weekly, February 4, 2015. http://www.usmagazine.com/
celebrity-news/news/sister-wives-divorce-brown-family-to-legally-restructure-201542
• What about the Victim? reminds us that the
nd change their labels,
mation difficult.96
(retrieved April 18, 2015).
criminal justice story is also about the victim.
99
xv
An Author Team That’s
Connected to the Real World
CJ: Realities and Challenges, Third Edition, provides a uniquely
interdisciplinary view of criminal justice not found in any other text. As both
academics and practitioners with diverse backgrounds in law enforcement,
the courts, corrections, and victim services, we provide a comprehensive,
contemporary, and realistic perspective on these vital institutions.
We wrote this text using a highly collaborative process. To ensure
that each branch of the criminal justice system was thoroughly repre-
sented, we organized our research, writing, and editing efforts as a
peer review circle. Each chapter was the product of an ongoing, itera-
tive review by the entire author team. The result of this synergistic
effort is a unified voice providing a balanced, insightful point of view
that is informed by the experience of the entire author team and has
been affirmed by the feedback of course instructors.
We encourage students to read this text much in the spirit in which
it was created: to have an open mind, think critically, engage in discus-
sion, and exploit the wide knowledge and practical experience repre-
sented by the author team. Our collective experience demonstrates
the need for collaboration in addressing the complexity of the criminal
justice system.
The Authors
Ruth E. Masters, Ed.D. class, and gender. Her policing research primarily
Professor Emerita, Department of Criminology, focuses on police behavior and discretion. She pub-
California State University, Fresno. Expertise: Ruth
lished Hunting for ‘Dirtbags’: Why Cops Overpolice the
E. Masters’s specialties are corrections, correctional Poor and Minorities with Northeastern University
counseling, drug addiction, criminological theory, Press in 2013. She was the director of a U.S. Depart-
and cross-cultural administration of justice. She has ment of Justice Violence Against Women Campus
worked for the California Department of Corrections Grant for Chico State, where she was a faculty mem-
(now California Department of Corrections and ber for 14 years, and Butte College, where she was
Rehabilitation) as a Parole Agent supervising addicted a police academy instructor. She also has a master’s
adult felons. She has been teaching criminology certificate in Women’s Studies from Syracuse Uni-
since 1972. versity, where she earned her doctorate.
Lori Beth Way, Ph.D. Phyllis B. Gerstenfeld, J.D., Ph.D.
Associate Dean of Academic Planning and Professor Chair and Professor, Department of Criminal Justice,
of Criminal Justice, San Francisco State University. California State University, Stanislaus. Expertise:
Expertise: Lori Beth Way’s research and teaching Phyllis Gerstenfeld has a law degree as well as a
areas include policing, the courts, and issues of race, Ph.D. in Social Psychology. Her primary areas of
xvi
Preface xvii
research include hate crimes, juvenile justice, and research. He has worked as a criminal justice planner,
psychology and law. She has published a monograph as a police officer, as a warden of a prison, as a direc-
and co-edited an anthology on hate crimes. She has tor of a program evaluation unit, and as a director of
worked for a large private law firm as well as a an international victimology research institute in
public legal services agency and has been teaching Japan. He is the founding and immediate past editor-
criminal justice since 1993. in-chief of the online journal International Perspectives
in Victimology. He has taught criminology since 1966
Bernadette T. Muscat, Ph.D.
and victimology since 1976. The American Society of
Interim Associate Dean, College of Social Sciences,
Victimology has named the John P. J. Dussich Award
and Professor, Department of Criminology, California
in his honor, and gives it each year to a person who
State University, Fresno. Expertise: Bernadette Mus-
has made significant lifelong achievements to the
cat has worked with victims of domestic violence
field of victimology. The National Organization for
by serving as a legal advocate and by providing
Victim Assistance’s service award in 1980 was named
counseling, education, and legal advocacy in shelter
the “John Dussich Founder’s Award,” to be given to
and court environments. She has worked with law
individuals who perform outstanding service on
enforcement agencies, victim service programs, and
behalf of NOVA. He was recently awarded the pres-
court programs in program and policy development,
tigious 2016 Ronald Wilson Reagan Public Policy
evaluation, research, and training to ensure effective
Award. This award “honors those whose leadership,
administration of victim assistance. She works exten-
vision, and innovation have led to significant changes
sively with local, state, and national level multidis-
in public policy and practice that benefit crime
ciplinary task force groups to address family violence
victims.” The award is given by the U.S. Office for
and violence against women. She has worked with
Victims of Crime, and the nominee is approved by
the California Office of Emergency Services (OES)
the U.S. Attorney General.
Victim Witness Division on the creation and imple-
mentation of the California State Victim Assistance Candice A. Skrapec, Ph.D.
Academy (CVAA) to provide 40-hour training to vic- Professor, Department of Criminology, California
tim service practitioners throughout California. State University, Fresno. Expertise: Candice Skrapec
is a psychologist and criminologist. For the past
Michael Hooper, Ph.D.
30 years she has maintained her research focus on
Lecturer, Department of Criminology and Criminal
psychopathy and serial murder (particularly in
Justice Studies, Sonoma State University. Expertise:
terms of underlying biological and psychological
Michael Hooper began his involvement with the
factors) and continues her interviews of incarcer-
criminal justice system as a member of the Los
ated serial murderers in different countries. Her
Angeles Police Department. His 23 years of LAPD
professional works and academic research result in
experience encompassed positions as a patrol officer,
regular calls from the media, movie and documen-
field supervisor, and watch commander. This was
tary producers, as well as authors of fact and fiction
followed by five years of service on the Criminal
books in the areas of serial murder and investiga-
Justice Program faculty at Penn State University’s
tive profiling. With over 30 years of experience in
Capitol Campus. He subsequently served 13 years
the law enforcement field working with officers
as a bureau chief at the California Commission on
and agencies in Canada, the United States, and
Peace Officer Standards and Training.
Mexico, she is also frequently consulted by police
John P. J. Dussich, Ph.D. around the world to assist in the investigation of
Professor Emeritus, Department of Criminology, homicide cases. She has taught a wide range of
California State University, Fresno. Expertise: John
criminology courses since 1988 and has trained
P. J. Dussich is one of the world’s leading authorities police and correctional officers in different coun-
on victimology, victim services, criminology, victimo- tries in the areas related to her academic research
logical theory, and criminological and victimological and professional experience.
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xx Preface
Instructor Resources
Supplements provide teaching aids and tools to help instructors lever-
age the classroom experience and provide students with a wide range
of study and assessment tools to reinforce comprehension of the text.
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chapter guides that feature learning objectives, chapter previews and
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bloom’s Taxonomy learning domains and page references from the text.
McGraw-Hill’s computerized EZ Test allows you to create customized
exams using the publisher’s supplied test items or your own questions.
EZ Test runs on your computer without a connection to the Internet. A
version of the test bank will also be provided in Microsoft Word files for
those instructors who prefer this format.
• PowerPoint Slides. The PowerPoint slides provide instructors with
dynamic lecture support and include chapter outlines and key figures.
• Online Library of CJ Video Clips. Instructors frequently request video
clips to be used in their CJ classes. Using the Internet as a resource, we
provide a dynamically updated annotated index of CJ-related video
clips that can be viewed online. The list is organized both by chapter
and topic.
• State Supplements. A collection of useful background essays on the
unique histories and development of laws in key states, including
California, Texas, and Florida.
• Quizzes. Provides multiple-choice, true-false, and critical thinking
questions for each chapter.
• Careers and Internships. Offers students additional information about a
wide variety of careers in criminal justice and how to prepare for them.
Preface xxi
• Source Connection. Links to source material for each chapter give the
student an opportunity to explore individual cases more deeply.
• Internet Exercises. Provides research and interpretive activities
associated with Internet sites related to criminal justice.
Chapter-by-Chapter Changes
PART 1: Chapter 4: Criminal Law and Defenses
CRIME, LAW, AND THE CRIMINAL • Updated Realities and Challenges vignette, “Is Hazing
JUSTICE SYSTEM a Crime?”
• Updated A Global View box, “Intellectual Property
Chapter 1: What Is the Criminal Justice System?
Piracy in the Twenty-First Century”
• New Realities and Challenges vignette, “Media
• New A Case in Point box, “Convicted without
Portrayals of Real Crime: Fact or Fiction?”
Criminal Intent”
• New A Global View box, “How U.S. Legal Norms
• New extended discussion of “Criminal Defenses”
Differ from Those in Singapore: The Case of
Michael Fay”
• Updated discussion of changing views on marijuana PART 2:
use and trends toward decriminalization LAW ENFORCEMENT
• Revised Disconnects box, “Evolution of Marijuana Laws” Chapter 5: Overview of Policing
Chapter 2: Types of Crime • New Realities and Challenges vignette, “The Power of
• New Realities and Challenges vignette, Community Partnerships”
• Reorganized section on the English model
• New A Global View box, “Measuring Crime around
the World” • New A Case in Point box, “Conflict with Occupy Wall
• Updated A Case in Point box, “Michigan’s Task Force Street Protestors”
Approach to Violent Crime Reduction” • Discussion of police departments’ growing use of
• New mass murder example focusing on the background checks on social media activity by
candidates for police positions
Hawke-Petit case
• Updated Disconnects box, “Where Are the Women?”
• New Matters of Ethics box, “Ethical Issues When
Dealing with Treatment of Offenders or Victims” • New What about the Victim? box, “The Police
• Updated coverage of legalization of marijuana for Subculture and a Linkage to Intimate Partner Strife”
recreational use • New Matters of Ethics box, “Department of Justice
• Updated statistics of state and federal prisoners Investigation of the Ferguson, Missouri, Police
Department”
convicted of drug offenses
• Updated Global View box, “India’s Growing Reliance on
• Discussion of drug and alcohol use among veterans of
the Security Industry”
Iraq and Afghanistan
• Updated Real Crime Tech box, “Emerging Drug-Testing Chapter 6: Policing Operations
Technologies” • Updated Realities and Challenges vignette, “Foot Patrol
• Updated Race, Class, Gender box, “Gender and Crime” in a Big City”
• Updated crime statistics • New A Case in Point box, “Problem-Oriented Policing in
• Updated material on immigration offenses Action: The Colorado Springs Police Department’s HOT
Program—Providing Outreach to the Homeless”
Chapter 3: Causes of Crime
• Updated Disconnects box, “A Literal Disconnect:
• New Realities and Challenges vignette, “Theater 9 at
Agencies’ Inabilities to Communicate”
Century 16: 12 Dead, 70 Wounded”
• New text material on robotic workstations to keep up
• Updated, expanded Real Crime Tech box, “Lie
with the accelerated demand for DNA testing by
Detection by Brainwave Analysis”
players in the criminal justice system
• Updated Matters of Ethics box, “Revising the DSM: A
• Updated discussion of evidence-based policing and
Process on Trial in the Court of Professional Opinion”
its value
• Updated and expanded discussion of mental
• Updated discussion of CompStat
disorders
• New A Global View box, “Public Perceptions of the
• New A Case in Point box, An Awakening in India for
Police in Russia”
Women: A Rape in New Delhi
• New What about the Victim? box, “Victims of Culture Chapter 7: Legal and Special Issues in Policing
Conflict” • New Realities and Challenges vignette, “An In-Custody
• Updated coverage of crime desistance Death in Baltimore”
• New Disconnects box, “Mentally Ill Death Row Inmates” • New text discussion of recent Supreme Court cases
Preface xxiii
• New text section, “Dynamics of Use of Force” • Updated statistics and figures throughout
• New text discussion of video evidence • In-depth coverage of Public Safety Realignment Policy
• Updated Race, Class, Gender box, “Pedestrian Stop- and mass incarceration
and-Frisk in the Big Apple” • New What About the Victim? box, “Implications for
• Updated What about the Victim? box, “Providing Victims of California’s Realignment Policy”
Transition Assistance for the Police Officer Returning • New A Case in Point box, “Hawaii’s HOPE Program for
from Combat Deployment” High-Risk Offenders”
• New details in the text on the problem of suicide • New Race, Class, Gender box, “Treating Women in
among police officers Prisons . . . as Second-Class Citizens of the System”
• New coverage of California’s Public Safety Realignment
PART 3: Policy and women prisoners
ADJUDICATION • Updated discussion of inmate race and gender
differences
Chapter 8: The Courts
• Updated discussion of private and faith-based prisons
• Updated opening vignette
• Updated Critical Thinking Questions
• Updated statistics on court processes
• Updated coverage of correctional populations in the
• Updated Race, Class, Gender box, “Race and Jury
United States
Decision Making”
• Updated coverage of, state prison inmates
• Updated Real Crime Tech box, “Freeing Wrongfully
Convicted Persons”
Chapter 12: Jails and Prisons
• Added details on presentence investigation reports
• New coverage of jails becoming de facto asylums for
and elocution in the text discussion of victim impact
the mentally ill and dumping grounds for poor and
statements
addicted populations
Chapter 9: Pretrial and Trial • Updated jail and prison statistics throughout
• New Realities and Challenges vignette, “Tried for the • New coverage of the shift away from the policy of mass
Third Time—Over 30 Years Later” incarceration and “get tough” sentencing practices
• Updated What about the Victim? box, “Balancing • Coverage of how mass incarceration affects people
Victims’ and Offenders’ Rights to a Speedy Trial” of color
• Expanded, fine-tuned discussion of the pretrial process, • Matters of Ethics box replaces second edition What
featuring substantially augmented discussions under about the Victim? box, “Prisoners as Research Subjects”
the headings “Discovery” and “Plea Bargaining” • New A Case in Point box, “The National Emotional
• New Matters of Ethics box “A Jury of Your Peers? . . . Literacy Program for Prisoners”
Not Really” • California Public Safety Realignment policy and female
prisoners
Chapter 10: Sentencing
• Updated examples of prisoner rights
• New text details updating the discussion of the revised
• Updated prison gang discussion
USSC sentencing guidelines
• New coverage of transgender, lesbian, gay, and
• New A Matter of Ethics box, “When Is a Mandatory
bisexual prisoners
Minimum Sentence Unjust?”
• Updated coverage on AIDS and ill inmates
• Updated text discussion of controversies and court
challenges over lethal injections—and the effect on • Updated Critical Thinking Questions
executions • Expanded discussion of prisoner rights
• Updated and expanded discussion on capital • New A Global View box, “A Different Kind of Prison:
punishment Venezuela’s San Antonio Prison”
• Updated Race, Class, Gender box, “Exonerating the • New Real Crime Tech box, “Personal Communication
Innocent” Technology and Prisons,” that emphasizes tablet
technology
PART 4: • Updated discussion of rapidly rising number of women
CORRECTIONS in U.S. prisons
• Updated statistics throughout • Updated Matters of Ethics box, “Policing the Schools”
• New Race, Class, Gender box, “Celebrity Justice?” • Updated discussion of juvenile court jurisdiction
• Expanded discussion of the role of the probation officer • New Disconnects box, “Punishing Truancy”
• Expanded discussion on factors in the future success of • Updated Juvenile Corrections statistics
probation • Expanded discussion of sexual abuse of male and
• New A Case in Point box, “Parole and the Jaycee female juveniles held in custody
Dugard Case” • New discussion of the Juvenile Justice Realignment bill
• Expanded discussion on the effectiveness of parole in
the future Chapter 16: Contemporary Challenges in
• New coverage on the relationship between doing away Criminal Justice
with policies of mass incarceration and community- • New Realities and Challenges vignette, “Boston
based corrections Marathon Bombing”
• New Disconnects box, “What Is an Appropriate Fine?” • New resources for victims of identity theft
• Updated Matters of Ethics box, “Relationships between • New contextual framework for combating identity theft
Correctional Personnel and Offenders” • Updated information on the extent of cybercrime
• New information on the ever-expanding value of digital
PART 5: evidence
SPECIAL ISSUES • New information sharing protocols to combat
cybercrime
Chapter 14: Understanding and Helping Victims
• New text discussion on occurrences of worldwide
• New Race, Class, Gender box, “Charleston Shooting”
terrorist attacks, their impact, and law enforcement’s
• New text on the U.S. Census of Domestic Violence
responses to them
Services
• New information on the extent and nature of terrorism
• New Disconnects box, “When Victims Are Revictimized”
• New text on the USA FREEDOM Act
• Updated perspectives on victim assistance for older
• Updated A Case in Point, “The Fusion Center Approach
adults
to Preventing Terrorism”
• New A Case in Point box, “The Killings at Sandy Hook
• New Matters of Ethics box, “Airport Security Technology
Elementary School”
in the United States”
Chapter 15: Juvenile Justice • Updated hate crime statistics
• New Realities and Challenges vignette, “Two Years in • New Race, Class, Gender box, “The Killing of Onesimo
Solitary” Marcelino Lopez”
• Updated discussion and analysis of measuring • Consideration of the first National Professional Training
juvenile crime Conference on Responding to Crime Victims with
• Updated statistics on juvenile crime Disabilities
Preface xxv
Contributors
The author team is very appreciative of all the hard work of the McGraw-Hill profession-
als who worked on this book. Our work is better for their assistance. We would like to
thank Lester Pincu for his important contributions to the first and second editions. In
addition, we thank the many contributors for their work in helping shape this text. More
than 100 professors helped to influence the development of the first edition of
CJ: Realities and Challenges. We’d like to thank the following professors for their help
in developing this third edition (NB: inclusion in this preface does not equal an endorse-
ment of our materials).
Connect Reviews
VICTORIA BECK, University of Wisconsin–Oshkosh PATRICIA MAREK O’NEILL, Hudson Valley Community College
RANDALL DAVIS, Santa Ana College and Santiago JACQUELINE M. MULLANY, Triton College
Canyon College MICHAEL PITTARO, East Stroudsburg University
MARTHA EARWOOD, University of Alabama at Birmingham WAYNE D. POSNER, East Los Angeles College
RICHARD FINN, Western Nevada College DARREN K. STOCKER, Cape Cod Community College
SHANA MAIER, Widener University MICHAEL SUCH, Hudson Valley Community College
“This is a thorough and highly relevant textbook that will encourage students to
further their pursuit of criminal justice as a field of academic study.”
—Martha Earwood, University of Alabama at Birmingham
Content Reviewers
VICTORIA BECK, University of Wisconsin–Oshkosh PAMELA MERTENS, University of the District of Columbia
RANDALL DAVIS, Santa Ana College and Santiago JACQUELINE M. MULLANY, Triton College
Canyon College MICHAEL PITTARO, East Stroudsburg University
MARTHA EARWOOD, University of Alabama at Birmingham WAYNE D. POSNER, East Los Angeles College
RICHARD FINN, Western Nevada College SHANNON SANTANA, University of North
ANDY GONIS, Santa Ana College Carolina–Wilmington
LISA A. HOSTON, Allegany College of Maryland DAREN K. STOCKER, Cape Cod Community College
LI YING LI, Metropolitan State University–Denver MICHAEL SUCH, Hudson Valley Community College
SHANA MAIER, Widener University ARNOLD RAY WAGGONER, Rose State College
PATRICIA MAREK O’NEILL, Hudson Valley Community College TRACEY WOODARD, University of North Florida
Dedications
Thanks to an awesome author team and to Elizabeth and Viola, who gave up so much of their
time with me so I could work.
—Ruth Masters
I’d like to thank my family for their constant support. I’d also like to thank several colleagues who
have provided valuable feedback for this 3rd edition—Matthew O. Thomas, Ryan Patten, Jonathan
Caudill, and Kimberlee Candela.
—Lori Beth Way
I’d like to thank Dennis, Allison, and Quinn for their continuing support, and for giving up so
much of their time so I could work.
—Phyllis Gerstenfeld
Much appreciation for the understanding of my wife, Jill, and all family members on those
occasions when the manuscript “train” required some deferring of time together—and for
acceptance of “walk IOUs” by Abbie, canine guardian of manuscripts.
—Mike Hooper
I would like to thank my wife, Edda, for all the time away from her, especially for the late night
and weekend calls, both at home and while on vacations. She has been an important source
of support throughout the entire process.
—John Dussich
CJ
R EALI TI ES
AN D C HALLEN GES
3 R D EDITION
1 What Is the
Criminal Justice
System?
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