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CJ
REALITIES
and CHALLENGES

THIRD EDITION
CJ
R EALI TI ES
AN D C HALLEN GES
3 R D EDITION

Ruth E. Masters California State University–Fresno

Lori Beth Way California State University–San Francisco

Phyllis B. Gerstenfeld California State University–Stanislaus

Bernadette T. Muscat California State University–Fresno

Michael Hooper Sonoma State University

John P. J. Dussich California State University–Fresno

Candice A. Skrapec California State University–Fresno

CJ: REALITIES AND CHALLENGES, THIRD EDITION

Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright © 2017 by
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Names: Masters, Ruth, author.

Title: CJ : realities and challenges / Ruth E. Masters, California State
University-Fresno, Lori Beth Way, California State University-San Francisco,
Phyllis B. Gerstenfeld, California State University-Stanislaus,
Bernadette T. Muscat, California State University-Fresno, Michael Hooper,
Sonoma State University, John P. J. Dussich, California State University-Fresno,
Candice A. Skrapec, California State University-Fresno.
Other titles: Criminal justice
Description: 3rd edition. | New York, NY : McGraw-Hill Education, [2017]
Identifiers: LCCN 2016012258| ISBN 9780078140945 (alk. paper) | ISBN 0078140943 (alk. paper)
Subjects: LCSH: Criminal justice, Administration of--United States. |
Criminal justice, Administration of--Study and teaching (Higher)--United States.
Classification: LCC HV9950 .C495 2017 | DDC 364.973--dc23 LC record available at
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Brief Contents
PART 1 Crime, Law, and the Criminal Justice System 1

1 What Is the Criminal Justice System? 1

2 Types of Crime 29

3 Causes of Crime 73

4 Criminal Law and Defenses 109

PART 2 Law Enforcement 139

5 Overview of Policing 139

6 Policing Operations 175

7 Legal and Special Issues in Policing 211

PART 3 Adjudication 245

8 The Courts 245

9 Pretrial and Trial 273

10 Sentencing 299

PART 4 Corrections 325

11 Overview of Corrections 325

12 Jails and Prisons 361

13 Community Corrections 405

PART 5 Special Issues 439

14 Understanding and Helping Victims 439

15 Juvenile Justice 471

16 Evolving Challenges in Criminal Justice 507

APPENDIX: THE BILL OF RIGHTS 537

GLOSSARY 539
ENDNOTES 547
CREDITS 581
CASE INDEX 583
NAME AND SUBJECT INDEX 585
iii
Contents
PART 1 Crime, Law, and the Criminal Justice System

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

Social Bonds and Crime: Social Control Factors 93 Intoxication 126

■ A Case in Point—An Awakening in India for Women: The Justification Defenses 126
A Rape in New Delhi 94 ■ Matters of Ethics—When Is It Right to Do the
Inequality and Crime: Power and Social Conflict Theory 95 Wrong Thing? 128
A Different Set of Values: Cultural Deviance Factors 96 Insanity 129
■ What about the Victim?—Victims of Culture Conflict 99 ■ Race, Class, Gender 130

Acting-Out Expectations: Social Process Factors 99 Other Defenses 134

■ Disconnects—Mentally Ill Death Row Inmates 101 SUMMARY 134
Review 135
VICTIMIZATION FACTORS 101
Key Terms 136
The Risk of Becoming a Victim 102 Study Questions 136
Victim Behavior during the Crime 103 Critical Thinking Questions 137
A Typology of Victimology 103
SUMMARY 105
Review 105
Key Terms 106
Study Questions 106
Critical Thinking Questions 107

PART 2 Law Enforcement

C H A PTE R 5 Political Era: Patronage-Based Policing 144

Overview of Policing 139 Professional Era: The Police as Law Enforcers 144
■ A Case in Point—Conflict with Occupy Wall
DEFINING POLICING 140
Street Protestors 146
HISTORY OF POLICING IN THE UNITED STATES 141 Community Policing Era: Working for—and with—the Public 146
Vigilantism: Policing by Self-Appointed Committees 141
STRUCTURE OF THE LAW ENFORCEMENT SYSTEM 147
Slave Patrols: Capturing Fugitives 142
Local Law Enforcement Agencies 148
■ Race, Class, Gender—Bass Reeves: African American Deputy
State Law Enforcement Agencies 148
Marshal of the Old West 143
Federal Law Enforcement Agencies 149
The English Model 143
vi Contents

■ Real Careers—John Torres 150 ■ Real Careers—Mark Demmer 189

The Problem of Fragmentation 152 Follow-up Investigation 190
RECRUITMENT, SELECTION, AND TRAINING 153 Enforcing Traffic Laws 190
Recruitment 153 Communications Technology—The Central Nervous
System of Policing 191
Selection 154
■ Disconnects—A Literal Disconnect: Agencies’ Inabilities to
■ Disconnects—Where Are the Women? 156
Communicate 192
Training 158
Custody—Booking and Holding Offenders 192
■ Real Careers—Randall D. Watkins 158
Forensics—Applying Science to Investigations 192
POLICE SUBCULTURE 160
THE POLICE ORGANIZATION 193
■ What about the Victim?—The Police Subculture and a Linkage to
Intimate Partner Strife 161 DEPLOYMENT OF POLICE RESOURCES 195
Factors Affecting Resource Allocation 195
POLICE DISCRETION 162
Technological Resources 196
Positives and Negatives of Police Discretion 163
Influences on the Use of Discretion 163 THE POLICE AND PUBLIC OPINION 197
Victims and the Use of Discretion 164 ■ A Global View—Public Perceptions of the
Police in Russia 200
MISCONDUCT 165
Abuse of Authority 165 RESPONDING TO DIVERSE POPULATIONS 201
Police Corruption 166 Elder Adults 201
■ Matters of Ethics—Department of Justice Investigation of the People with Physical or Developmental Disabilities 202
Ferguson, Missouri, Police Department 167 People with Mental Disabilities 203
Attaining Integrity 168 The Homeless 204
PRIVATE SECURITY 169 Cultural Differences and Language Barriers 205
Growth 169 Rural Communities 206
Quality Concerns 169 SUMMARY 206
■ A Global View—India’s Growing Reliance on the Review 207
Security Industry 170 Key Terms 208
Study Questions 208
Private Security/Law Enforcement Cooperation 170 Critical Thinking Questions 209

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

Policing Operations 175 Reasonableness 215

The Exclusionary Rule 218
POLICING ROLES 176
Maintaining Order—Keeping the Peace 177 THE FIFTH AMENDMENT 222
Enforcing the Law—When Arrest Is Needed 177 Voluntariness 222
Providing Service—Nonemergency Police Work 178 ■ Real Careers—Brian Hilsinger 222
Miranda v. Arizona 223
POLICING STRATEGIES 178
Exceptions to the Miranda Rule 224
Preventive Patrol 178
Problem-Oriented Policing 179 THE SIXTH AMENDMENT 225
■ A Case in Point—Problem-Oriented Policing in Action: The ■ Matters of Ethics—False Confessions 226
Colorado Springs Police Department’s HOT Program—Providing
Outreach to the Homeless 181 USE OF FORCE 227
Community-Oriented Policing 182 Regulating Use of Force 228
■ Real Careers—Stacy Shamblin 183 Dynamics of Use of Force 229
Aggressive Order Maintenance 186 PURSUITS 230
POLICE OFFICERS ON THE JOB 187 DRUG ENFORCEMENT 231
The Rookie Officer—Meeting the Real World 187 ■ Race, Class, Gender—Pedestrian Stop-and-Frisk in the
The Patrol Officer—The Backbone of Policing 188 Big Apple 233
 Contents vii

GANG ENFORCEMENT 233 Experiencing Stress 238

Patterns of Gang Activity 234 ■ Real Careers—Ryan Bal 239
Police Response to Gangs 235 Strategies for Coping with Stress 240
INTIMATE PARTNER VIOLENCE 235 SUMMARY 240
■ A Case in Point—Thurman v. City of Torrington (1984) 236 Review 241
Key Terms 242
STRESS 237 Study Questions 242
■ What about the Victim?—Providing Transition Assistance for Critical Thinking Questions 243
the Police Officer Returning from Combat Deployment 238

PART 3 Adjudication

C H A PTE R 8 Double Jeopardy: Protection from Repeated Trials for the

The Courts 245 Same Crime 281

COURT STRUCTURE AND JURISDICTION 246 PRETRIAL PROCESS 282

State Courts 247 Arrest and Booking 282
Federal Courts 249 The Criminal Complaint 282
Other Courts 250 Arraignment and Plea 283
Criminal Appeals 251 Probable Cause Hearing 283
Discovery 284
THE COURTROOM WORKGROUP 253
Pretrial Motions 285
Judges 253
Plea Bargaining 285
■ A Case in Point—Marbury v. Madison (1803) 255
Prosecutors 257 THE CRIMINAL TRIAL 287
■ Real Careers—Alma Valencia 259 Due Process: Providing Fair and Equitable Treatment 287
Defense Attorneys 259 ■ Real Careers—Sarah Cory 288
Burden of Proof and Standards of Proof 289
OTHER COURTROOM PARTICIPANTS 261
Stages of the Trial 290
Juries 261
Witnesses 263 ■ Matters of Ethics—A Jury of Your Peers? . . . Not Really 291
■ Race, Class, Gender—Race and Jury Decision Making 264 Bifurcated Trials 294
■ Matters of Ethics—Expert Witnesses: The Good, the Bad, SUMMARY 295
and the Criminal 266 Review 296
Victims in Courts 266 Key Terms 296
Study Questions 297
■ Disconnects—Junk Science in the Courtroom 267
Critical Thinking Questions 297
■ What about the Victim?—The Role of the Victim Advocate 268
Other Participants 269
C HAPTER 10
SUMMARY 269 Sentencing 299
Review 270
Key Terms 270 CONTEXT FOR SENTENCING 301
Study Questions 271 Eighth Amendment Protection against Cruel and
Critical Thinking Questions 271
Unusual Punishment 301
Habeas Corpus: Protection against Illegal Detainment 302
C H A PTE R 9
■ A Case in Point—Does Fairness Matter? 303
Pretrial and Trial 273
■ Real Careers—Sean Bernhard 304
DEFENDANT RIGHTS 274 Presentence Investigation Report 304
The Eighth Amendment: Bail 274 ■ What about the Victim?—Victim Impact Statements 305
The Sixth Amendment: The Right to Counsel and a
Speedy Trial 275 GOALS AND MODELS OF SENTENCING 305
■ Race, Class, Gender—Justice for All? 276 Indeterminate Sentences 307
■ A Case in Point—Supreme Court Reaffirms Right to Counsel at Determinate Sentences 308
Initial Appearance 278 Sentencing Guidelines and Mandatory Sentences 308
■ What about the Victim?—Balancing Victims’ and Offenders’ Rights Consecutive and Concurrent Sentences 310
to a Speedy Trial 280 Preventive Detention 311
viii Contents

■ 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

CH A PTER 1 1 Victim Impact Panels and Classes 352

Overview of Corrections 325 Viewing Executions 353
DEFINING CORRECTIONS 326 UNDERSTANDING PRIVATE PRISONS 353
Private Prisons 353
ORIGINS OF CORRECTIONS 328
■ Matters of Ethics—Private Prisons 354
Early Forms of Confinement 328
Faith-Based Prisons 356
The Workhouse 328
The Future of Private Prisons 356
Transportation 329
■ A Global View—The Legacy of Penal Transportation and SUMMARY 356
Isla Maria Madre 330 Review 357
Key Terms 358
Hulks 331
Study Questions 358
Jails in Colonial America 331 Critical Thinking Questions 359
HISTORY OF CORRECTIONS IN THE UNITED STATES 332
C HAPTER 12
The Pennsylvania System and the Penitentiary 332
The Auburn System 333 Jails and Prisons 361
The Reformatory System 334 THE STRUCTURE OF CORRECTIONS 363
The Industrial Prison System 336 Jails 363
The Therapeutic Prison 336 Prisons 365
MODELS OF CORRECTIONS TODAY 338 Types of Prisons 368
Punishment Model 339 Prisoner Classification Systems 372
■ A Case in Point—Hawaii’s HOPE Program for High-Risk Correctional Staff 372
Probation Offenders 340 PRISONER RIGHTS 375
Crime Control Model 340 Due Process Rights 375
■ Real Careers—Isaac Torres 341 ■ Real Careers—Angela Solorzano 376
Rehabilitation Model 342 First Amendment Rights 377
Reintegration Model 342 LIFE IN PRISONS AND JAILS 378
PRISON POPULATIONS—WHO IS BEHIND BARS? 343 The Inmate Subculture 378
Trends in Inmate Population Numbers 344 ■ Matters of Ethics—Prisoners as Research
Public Safety Realignment Policy 346 Subjects 379
■ What about the Victim?—Implications for Victims of California’s Institutional Gangs and Prison Violence 380
Prison Realignment Policy 347 ■ A Global View—A Different Kind of Prison: Venezuela’s
■ Race, Class, Gender—Treating Women in Prisons . . . as San Antonio Prison 383
Second-Class Citizens of the System 348 Illegal Drugs 385
Differences by Gender and Race 349 Solitary Confinement 386
Types of Offenders 349 WOMEN IN PRISON 387
Federal Prison Inmates 350 The Female Prison Population 387
State Prison Inmates 350 Characteristics of Women’s Prisons 387
Noninstitutional or Community Corrections 350 How Women Do Time in Prison 388
VICTIM INVOLVEMENT IN CORRECTIONS 351 ■ Race, Class, Gender—A Pregnant Inmate Program 389

Victim Services within Institutions 352 Problems of Incarcerated Women 389

 Contents ix

REHABILITATION AND TREATMENT IN PRISON 391 PAROLE 415

Inmate Labor 391 Purpose and Goals of Parole 415
■ Disconnects—Diving for Rehabilitation 393 Who Is Paroled? 417
Treatment Programs 393 Roles and Tasks of the Parole Officer 419
■ A Case in Point—The National Emotional Literacy ■ A Case in Point—Parole and the Jaycce Dugard Case 419
Program for Prisoners 394 How Successful Is Parole? 420
The Needs of Special Populations 395 Challenges to Parole 420
THE IMPACT OF PRISON ON FAMILY LIFE 400 INTERMEDIATE SANCTIONS 421
SUMMARY 401 Community Service 422
Review 401 Restorative Justice 423
Key Terms 402 Restitution, Fines, and Forfeitures 424
Study Questions 403
■ Disconnects—What Is an appropriate Fine? 425
Critical Thinking Questions 403
Mediation 426
C H A PTE R 13 House Arrest 426
Community Corrections 405 Electronic Monitoring 427
Shock Programs 427
DEFINING COMMUNITY CORRECTIONS 406
Sex Offender Registers and Tracking 428
PROBATION 407 ■ What about the Victim?—Jessica’s Law—and Its Unintended
Purpose and Goals of Probation 407 Consequences 429
Traditional Conditions of Probation 408 Community Centers 431
Intensive-Supervision Probation 409 Work and Study Release Programs 431
Who Serves Probation? 411 OTHER TYPES OF COMMUNITY CORRECTIONS 432
Roles and Tasks of the Probation Officer 411 ■ Real Careers—Malissa Minard 433
■ Race, Class, Gender—Celebrity Justice 412
SUMMARY 435
How Successful Is Probation? 413 Review 435
■ Matters of Ethics—Relationships between Correctional Key Terms 436
Personnel and Offenders 414 Study Questions 436
The Future of Probation 415 Critical Thinking Questions 437

PART 5 Special Issues

C H A PTE R 14 TYPES OF VICTIM SERVICE ASSISTANCE 456

Understanding and Helping Victims 439 Crisis Intervention 456
Hotlines 456
RECOGNIZING VICTIMIZATION 440
■ What about the Victim?—The Words of Crime Victims Are
Shelters and Transitional Housing 457
Often Timeless Truths 442 ■ Real Careers—Tina Figueroa-Rodriguez 458
Sexual Assault Resource Centers 459
THE ORIGINS OF VICTIM ADVOCACY 442
Sexual Assault Nurse Examiners 460
The Sign of Abel 443
Community Education and Outreach 460
Social Forces Leading to the Victims’ Rights Movement 443
■ Matters of Ethics—When a Survivor Wants to
WORKING WITH VICTIMS 445 Meet the Offender 461
Victim Advocates 446 VICTIM ASSISTANCE FOR ELDER ADULTS 461
■ Race, Class, Gender—Charleston Shooting 448
Adult Protective Services 462
■ Real Careers—Lia Chacon 449
TRIADs 462
Death Notification 450
COLLABORATIVE RESPONSES TO VICTIMS 463
Crime Victim Compensation 451
Intimate Partner Violence Councils 463
Victim Recovery 451
■ Disconnects—When Victims Are Revictimized 464
■ A Global View—Victim Compensation Programs in
Foreign Countries 452 Sexual Assault Response Teams 464
■ A Case in Point—The Killings at Sandy Hook Elementary Specialized Units 465
School 455 Restorative Justice 465
Vicarious Trauma 455
x Contents

SUMMARY 467 C HAPTER 16

Review 467 Evolving Challenges in Criminal Justice 507
Key Terms 468
Study Questions 468 FIGHTING CYBERCRIME 509
Critical Thinking Questions 469 Extent of Cybercrime 510
Detection and Investigation 510
CH A PTER 1 5 ■ What about the Victim?—Sexual Solicitation via the Internet 511
Juvenile Justice 471 Prevention Strategies 512
A BRIEF HISTORY OF JUVENILE JUSTICE 472 TARGETING IDENTITY THEFT 513
Early Methods of Control 473 A Contextual Framework for Combating Identity Theft 514
The Child Saving Movement 474 Prevention Strategies 514
JUVENILE CRIME TODAY 475 COMBATING TERRORISM 515
Causes of Juvenile Delinquency 475 Terrorism and the Law 516
Measuring Juvenile Crime 476 ■ Real Careers—Amy Zelson Mundorff 517

POLICE AND YOUTH CRIME 478 ■ Matters of Ethics—Airport Security Technology in the

Police Discretion 479 United States 518

Police in the Neighborhoods and Schools 479 Terrorism and Intelligence 518
■ Matters of Ethics—Policing the Schools 480 Prevention Strategies 519
■ A Case in Point—The Fusion Center Approach to Preventing
THE MODERN JUVENILE COURT SYSTEM 481 Terrorism 520
Juvenile Court Jurisdiction 481
PROSECUTING HATE CRIMES 521
Juvenile Court Waivers 483
■ Race, Class, Gender—The Killing of Onesimo “Marcelino”
■ Race, Class, Gender—Minority Youth Sentenced to Life without
Lopez-Ramos 523
Parole 484
Landmark U.S. Supreme Court Cases 485 CONTROLLING CIVIL DISORDER 523
■ A Case in Point—Gerald Francis Gault Has His Day in Causes of Civil Disorder 523
Supreme Court 486 Prevention Strategies 525
■ Disconnects—Punishing Truancy 488
SAFEGUARDING CIVIL LIBERTIES 525
PROCESSING JUVENILE OFFENDERS 489
MEETING EMERGING CHALLENGES IN VICTIMOLOGY 526
Arrest 489
Victims with Disabilities 527
Intake 490
Immigrant Victims 528
Diversion 491
■ Disconnects—Helping or Hurting Victims with Disabilities? 529
Preventive Detention 491
LGBTQ Victims 530
Adjudication 492
Hate Crime Victims 532
Disposition 492
Victims with Posttraumatic Stress Disorder 532
Sealing and Expunging Juvenile Records 493
SUMMARY 533
JUVENILE CORRECTIONS 494
Review 534
Incarceration 494 Key Terms 535
Types of Juvenile Correction Facilities 495 Study Questions 535
■ Real Careers—Erica Knutsen 496 Critical Thinking Questions 535

Alternatives to Incarceration 498

■ Real Careers—Julia Martinez Morris 499 APPENDIX: THE BILL OF RIGHTS 537
■ A Global View—Preventing Youth Violence in Croatia 500
GLOSSARY 539
VICTIMIZATION AND VICTIM SUPPORT SERVICES 500
ENDNOTES 547
■ What about the Victim?—Consequences of Child
Victimization 501 CREDITS 581
Child Protective Services 501 CASE INDEX 583
Mandatory Reporting Laws 502
NAME AND SUBJECT INDEX 585
Court-Appointed Special Advocates 502
SUMMARY 503
Review 503
Key Terms 504
Study Questions 504
Critical Thinking Questions 505
A Note from the
Author Team

As both practitioners and academics, we have endeavored to

write a compelling, contemporary, and fact-based account of

vital American institutions. We understand that this course is

faculty’s first chance to engage students in a meaningful expo-

sure to the ideals of the American criminal justice system.

CJ: Realities and Challenges, Third Edition, translates the pas-

sion that we feel in the classroom into a learning program that

nourishes students’ enthusiasm for the field while dispelling

widely held myths.

CJ: Realities and Challenges, Third Edition, encourages stu-

dents to think critically about how the American criminal justice

system operates in practice. Recognizing the myths and inter-

preting the facts underlying the system lead to an appreciation

of its complexities. Students who succeed in this course will

emerge with a realistic understanding of the system and of the

opportunities that await them if they should choose to pursue a

career in criminal justice.

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:

OBSERVE the core principles underlying the criminal justice system.

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

Explain how police departments strive to maximize their resources.

■ Identify the factors that shape public opinion about the police.
■ Compare the service needs of diverse populations.

mas40943_ch06_174-209.indd 174-175 1/25/16 6:33 PM

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.

OBSERVE I N V E S T I G AT E U N D E R STA N D conclusions. Students revisit

chapter-specific learning objec-
Review
tives in Connect Criminal Justice,
Identify the principal policing roles. ■ A follow-up investigation occurs after a patrol officer docu-
ments the facts of the crime.
■

■
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.

Compare the various policing strategies.

■ Custody is the incarceration of parties either accused or
convicted of a crime.
­outcomes.
■ In preventive patrol, officers are assigned to randomly drive or ■ Forensics is the application of scientific knowledge and
walk around an area. methods to criminal and civil investigations and legal
■ Problem-oriented policing focuses on discovering the procedures, including criminal trials.
underlying causes of problems and encouraging police to find
Explain how police departments strive to maximize
innovative solutions to solve those problems.
their resources.
■ Community-oriented policing emphasizes reducing crime and ■ Departments use geographic information systems (GIS)
disorder by involving residents in the job of policing.
technology to produce detailed descriptions of crime occur-
■ Aggressive order maintenance entails that police focus on rences and to analyze the relationships between variables such
minor public order offenses that affect residents’ quality of life. as location and time. This information helps police know how to
respond to an incident.
Describe the different jobs in policing.
■ CompStat is a computerized information system that
■ The rookie police officer quickly learns the realities of police integrates information from crime maps across the
work while working under the guidance of a training officer. community for department leaders’ review. This informa-
■ Patrol officers are the first individuals to respond to a call tion helps police administrators decide how to allocate
for service. their resources.

mas40943_ch06_174-209.indd 207 3/28/16 8:08 PM

The OBSERVE INVESTIGATE  ­UNDERSTAND

framework helps students make logical connections between the p
­ rinciples
and the practices of criminal justice. As a case in point, in Chapter 6,
“Policing Operations,” students learn about the varied tactics of community
policing, including foot patrol. Reading the opening vignette, students
­OBSERVE how the city of Philadelphia has used foot patrol in high-
crime areas. The chapter narrative then guides students to
­INVESTIGATE effective policing strategies, which may include foot
patrol. This discussion leads students to ­UNDERSTAND the diffi-
culties law enforcers face in their efforts to prevent crime, as well as the
varied consequences of the strategies they choose to employ. In these
ways, the OBSERVE  ­INVESTIGATE ­UNDERSTAND
pedagogy actively involves students in making connections and explor-
ing ideas that support learning.

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:

• Older adults are more likely to be victimized than people in any

other age group. (Chapter 2, “Types of Crime”)
• Police must always read suspects their Miranda rights. (Chapter 7,
“Legal and Special Issues in Policing”)
• Drug offenders are treated leniently by the criminal justice system.
(Chapter 10, “Sentencing”)
• Juvenile crime rates are skyrocketing. (Chapter 15, “Juvenile
Justice”)

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:

• Matters of Ethics explores moral dilemmas and problems that

may arise in various criminal justice scenarios and settings; see,

xiv
 Contents xv

for example, Chapter 8’s selection,

“Expert Witnesses: The Good,
the Bad, and the Criminal,” and Matters of Ethics
Chapter 11’s example, “Private Prisons.” Private Prisons
The fact that private prisons are lucrative business has led to charges of

• 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.

of a candidate for sheriff while using unregistered lobbyists to secure a

justice to international justice. lease renewal of a jail it operated.
In another case, a private prison company took advantage of the
OBSERVE INVESTIGATE UNDERSTAND
small town of Hardin, Montana. It convinced the town to sell $27 million ■ What is a compelling argument for barring current or former
in bonds for the construction of a facility that was built but never used.
• Disconnects explores the gap
employees of private prison corporations who assume political
The bonds have since gone into default. office from developing contracts with private prison corporations?
Arizona, too, has seen private prisons entangled with politics. In 2010 ■ Should states be allowed to contract with private corporations to
the two major nationwide prison corporations helped draft a tough new
between the intent of policies and law ■
incarcerate prisoners? Why or why not?
Might prisoners be subject to longer incarceration in private pris-
ons than in government-run facilities? Explain.
and their application in the real world.
SOURCES: Trip Jennings, “No Penalties for Understaffed Private Prisons,” New Mexico
Independent, September 2, 2010; Trip Jennings, “Corrections Secretary’s Previous Work
for Private Prison Operator Highlighted,” New Mexico Independent, September 7, 2010;
Trip Jennings, “NM Could Have Repeatedly Fined Private Prisons for Low Staffing
Levels,” New Mexico Independent, September 10, 2010; Trip Jennings, “Corrections
Gave Up $18 Million in Uncollected Penalties,” New Mexico Independent, September 15,
2010; East County Magazine, “Private Prison Group Uses Unregistered Lobbyists while
Giving Money to Sheriff Gore.” www.eastcountymagazine.org/node/3463 (retrieved
December 31, 2010); Matthew Reichback, “Private Prison Developer Behind Montana
Fiasco Involved in Construction of NM Private Prisons,” New Mexico Independent,
October 12, 2009; Trip Jennings, “Private Prisons Pushed for AZ Immigration Law,” New
Mexico Independent, October 28, 2010; Casey Newton, Ginger Rough, and J. J. Hensley,
“Arizona Inmate Escape Puts Spot’light on State Private Prisons: Questions Arise over
Safety Standards, Taxpayer Savings,” Arizona Republic, August 22, 2010; Michael Birley,
“Private Prison Companies Have Significant Ties to Arizona Immigration Law SB 1070,”
San Francisco Examiner, October 29, 2010. www.examiner.com/crime-in-san-francisco/
private-prison-companies-have-significant-ties-to-arizona-immigration-law-sb-1070
onduct for one group (retrieved January 5, 2011).

rms of another group,

onflict.93 Crime may
ture conflict, but not
lts in law violation.
What about the Victim? Trends in Privatization in Corrections In 1983, private, for-profit, prison-building
corporations began competing for contracts with local, state, and federal govern-
ments, mostly in southern states with high crime rates, large prison populations,
ctim?” box illustrates Victims of Culture Conflict weak labor unions, and strong right-to-work laws restricting union activity. Now
almost every state contracts with private firms to manage the incarceration of
t. In 2010, the TLC Network launched a reality television show offering a glimpse juvenile and adult inmates. The number of private jail and prison beds continued
to grow until 2013. According to the Bureau of Justice Statistics, the private
into the daily lives of the Brown family, whose members are living a plural family
ns: Social Process lifestyle in Lehi, Utah. The show, Sister Wives, features the husband, Kody, his Race,Class,Gender prison population for federal and state inmates declined by 3 percent from 2012
to 2013. Private prisons at the end of December 2013 housed 8 percent of all
4 wives, and their 13 children and 3 stepchildren. Though legally married only to inmates (a total of 133,000).

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.

The label is powerful

criminal in his or her
SOURCES: Jennifer Dobner, “Police Investigating Family in ‘Sister Wives’ Show,” KOMOnews.
com, November 30, 2010. www.komonews.com/news/entertainment/103940544.html people who historically have been left behind in
(retrieved November 30, 2010); “Sister Wives’ Lawsuit: Kody Brown and Family Suing Utah over
e eyes of others. Once
d internalizes a label,
Bigamy Law,” Huffingtonpost.com, July 25, 2012. http://www.huffingtonpost.com/2012/07/
25/sister-wives-lawsuit-kody-brown-utah-bigamy-law_n_1701450.html (retrieved January 5,
the process of criminal justice.
mas40943_ch02_028-071.indd 68 4/26/16 9:32 AM

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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of study and assessment tools to reinforce comprehension of the text.
These supplements are available on the Instructor Resources sections
of Connect.
• Instructor’s Manual. Provides a comprehensive guide to teaching
the introductory course using CJ: Realities and Challenges, including
chapter guides that feature learning objectives, chapter previews and
reviews, detailed outlines, lecture summaries, additional lecture ideas,
and class discussion topics.
• Test Bank. The Test Bank contains 70 multiple-choice questions per
chapter, of which 20 are scenario-based. Each question is tagged with
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.

With McGraw-Hill’s Create at www.mcgrawhillcreate.com, design your

own ideal course materials. You can rearrange or omit chapters, com-
bine material from other sources, and/or upload your syllabus or any
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tronic copy (eComp) via e-mail in about an hour. Register today at
www.mcgrawhillcreate.com and craft your course resources to match
the way you teach.
McGraw-Hill Campus is the first-of-its-kind institutional service pro-
viding faculty with true, single sign-on access to all of McGraw-Hill’s
course content, digital tools, and other high-quality learning resources
from any learning management system (LMS). This innovative offering
allows for secure and deep integration and seamless access to any of
our course solutions such as McGraw-Hill Connect, McGraw-Hill Cre-
ate, McGraw-Hill LearnSmart, or Tegrity. McGraw-Hill Campus includes
access to our entire content library, including eBooks, assessment
tools, presentation slides, and multimedia content, among other
resources, providing faculty open and unlimited access to prepare for
class, create tests/quizzes, develop lecture material, integrate interac-
tive content, and much more.
xxii Preface

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

Chapter 11: Overview of Corrections Chapter 13: Community Corrections

• New Realities and Challenges vignette, “Values are the • Updated “Probation” and “Parole” sections
Driving Force behind Corrections Models” • Coverage of how Public Safety Realignment policy
• Updated Myth/Reality features affects probation, parole, and community corrections
xxiv Preface

• 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

“The Masters text is a comprehensive collection of information presented in an

easy to read manner. The pictorial display presented in the text highlights and supple-
ments the written material in [a] student-friendly way. And, the text incorporates informa-
tion about the victim throughout the material, which is a pleasant rarity in a textbook.”
—Lisa A. Hoston, Allegany College of Maryland

“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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