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Prentice Hall presents the sixth edition of Crime and Justice in America: A Human Perspective. The core of criminal justice, cops, courts, and corrections, emerges with force in this powerful and comprehensive introduction. As police administrators, jail administrators, practicing attorneys, educators, and trainers, the authors Leonard Territo, James B. Halsted, and Max L. Bromley successfully merge theory with real-world, practical application. Everyday functions of the police, the courtroom, and the correctional system are highlighted in a thought-provoking, relevant, and authoritative manner, providing a hands-on approach for today's student. The human perspective of criminal justice comes alive with experiences drawn from the workplace, breaking news, and landmark court cases. This human dimension puts a face on this field of study, ensuring that the reader appreciates the essence of criminal justice—to protect the rights and voice of the people.
Crime and Justice in America: A Human Perspective, Sixth Edition is the most up-to-date text available for your Introduction to Criminal Justice Course. It includes coverage of the criminal justice system's response to the ongoing threat oh domestic terrorism, the recent corporate crime scandals, and the DC area snipers, as well its updated statistics, court cases, and examples throughout.
Within You'll Discover:
In this book, first published more than twenty years ago, we have consistently sought to focus on the human dimension within the major components of the criminal justice system—namely the police, courts, and corrections. We have done this in part because we know that students who are majoring in criminal justice and criminology often have little or no experience within the criminal justice system, and relevant examples help to illuminate and illustrate what may be abstract or perhaps even esoteric material. We have also attempted to provide information that is interesting, informative, and thought-provoking. We have added much new material to this book and believe it will make this edition our most interesting and relevant to date.
To accomplish our objective of focusing on the human dimension, we have drawn heavily from the current print media and scholarly journals, as well as our criminal justice experience as correctional administrators, police administrators, trainers, trial attorneys, and educators. Because of our longtime affiliation with both police departments and correctional facilities, we have been able to obtain many original photographs never before seen in any criminal justice book.
In Chapter 1 we have added a new section on terrorist crime and discussed some of the major terrorist crimes that have occurred against the United States in the last fifteen years, including the destruction of the World Trade Center on September 11, 2001, as well as the sniper killings in Maryland, Virginia, and Washington, D.C., in October 2002. A new section has also been added on the topic of race crime and the administration of justice, a topic that has been given considerable attention by the social science community. Within this context we have also discussed racial profiling.
Chapter 2 has a new section on the legal and moral concept of criminal responsibility. We have also expanded the discussion of crimes to include the substantive criminal law, which is the foundation of crimes. Also, we have updated information on how common-law crimes have been modified by modern American criminal statutes. Additional crimes against morality and a variety of modern computer crimes have been added to this chapter. The twenty-first-century crimes of identity theft and stalking have been added, as well as an update on traffic crimes.
In Chapter 3 we have added a section on the Supreme Court's power of judicial review and its significance to criminal procedure. Likewise, we have added an additional dimension to the book by analyzing the constitutionality of every American's rights, including the right to a constitutional arrest and the right to a constitutional stop and detention, by including a discussion on whether these rights have been afforded to detainees after September 11, 2001. We have expanded the Supreme Court's exceptions to the exclusionary rule and have articulated the fundamental requirements for the admissibility of a Constitutional confession. In addition, we have updated the information on every American's right to be afforded a Constitutionally speedy trial, public trial, and jury trial, as well as the constitutional basis supporting every American's right to confront witnesses and the right to a compulsory process of obtaining witnesses. Finally, we have expanded our analyses of the Constitutional right against double jeopardy and the right to substantive due process.
Chapter 4 includes new information on the collection of campus crime data, an area of growing national concern about which little historically has been known. Recent data regarding the relationship between race and violent victimization have also been added. New sections have been included on intimate-partner violence and violence against women on campus. We feel that students can benefit from these units in particular. We also describe and discuss in some detail various victims of violence in the workplace.
Chapter 5 also has significant additions in this new edition. For example, a new segment has been included on police selection and training. The policing strategy based on the "zero tolerance" approach has been added. This strategy has been adapted by various police agencies and has its basis in the "broken windows" theory of crime, first mentioned by George Kelling and James Q. Wilson. The recent technological enhancements in the National Crime Information Center 2000 network are described with respect to police operations. Our discussion regarding community-oriented policing has been expanded, including a section on the future of this evolving police strategy.
Chapter 6 has been revised to reflect numerous current-interest items and recent scholarly contributions to the police field. Given the public's concern about the use of violence by police officers, we have included information on violence-prone officers as well as a section on the use of the less-than-lethal weapon—pepper spray. Science and technology are continuing to enhance policing. We have added discussions on DNA and geographic information systems (GIS) as examples of these enhancements. This chapter continues to highlight trends with respect to citizen-police efforts. It also has an expanded discussion of community anti-drug programs that have been popular in some locations.
In Chapter 7 we have expanded our discussion of courts to include the specialty courts, specifically, drug courts and the new military tribunals in the age of terrorism. We have enriched the human perspective in our presentation of the nature of the professions of the criminal courts' administrative personnel. Also, we have included a new section on the romanticism of the adversarial criminal trial versus the reality of plea bargaining. Furthermore, we have taken a new look at prosecutors who use unethical procedures to obtain lawful convictions and discuss the controversial practice of privately retained counsel who defraud their clients by the "bleed 'em and plead 'em" scheme. Finally, we have looked at how criminal court judges work from a human perspective by examining job stress, courthouse culturalization, and the socialization of judges.
In Chapter 8 we have expanded our investigation of pretrial detention, including drug testing to reduce pretrial misconduct. Our discussion on the American bail system now includes critical analysis of the commercialization of bail bondspeople and the availability of bail after conviction while waiting on appeal. An expanded section has been added on the investigative grand jury and how it has become an effective tool of law enforcement. We have updated the Constitutional requirements necessary for drafting the prosecutor's information, conducting a lineup, and pretrial police identification procedures. In our section on pretrial motions, we have doubled the number of motions we discuss. We have looked at the Constitutional requirements necessary for a constitutional guilty plea.
In Chapter 9 we have added an analysis of the philosophical foundations of the criminal trial and expanded our discussion of the functions of the rules of evidence during a criminal trial. In addition, we have looked at eight of the traditional affirmative defenses that are used by defense counsel during the criminal trial. Finally, we have added a special human dimension to our discussion of the advocates' closing arguments.
In Chapter 10 we have expanded our discussion on the effects of prison overcrowding on judicial sentencing. We have included a new look at the dialectical relationship between the presentence report and the victim-impact statement, and how these relate to the sentencing hearing. We have added a new section on what is necessary for a judge to make a constitutional sentence on a guilty defendant. We also have expanded the chapter by looking at various enhancement statutes such as "three strikes and you're out," as well as their effect on negating judicial discretion. There is an additional section on how one appeals a harsh sentence and a discussion on gubernatorial clemency. Finally, in the death penalty section, we have expanded our discussion on the capital punishment debate between the four most competent arguments on both sides. Finally, we have added a section on the constitutional requirement of mental capacity now necessary before a condemned prisoner can be executed by the government.
In Chapter 11, we provide one of the most comprehensive discussions in any criminal justice book today as it relates to understanding jails and the differences between jails and prisons. We have expanded our discussion of suicides in jails to include the key components of suicide-prevention programs, and we have added a section that deals with the full range of treatment programs in jails, including substance-abuse programs, therapy, counseling, educational programs, religious programs, and therapeutic communities.
In Chapter 12, we have added a section on institutional programs and services, including educational programs, prison work programs, recreational programs, treatment programs, drug treatment programs, and religious programs. We have also added a section in which we address the problem of elderly male prisoners, whose numbers have rapidly increased over the past decade due, in part, to longer sentences. A new section addresses the problems of HIV- and AIDS-infected persons in prisons and the controversial techniques that can be employed to minimize the transmission of the disease from one inmate to another. We have also greatly expanded our discussion of women in prison.
In Chapter 13, we have expanded our discussion of community correctional centers to include halfway houses, correctional facilities that provide a residence for convicted offenders who do not require the secure custody of prison; work release, a program that can be operated out of both jails and prisons; educational release programs, an effort to ensure future employability and a smooth transition back to society for parolees; and furloughs, which involve short periods of release from custody without supervision.
In Chapter 14, a major discussion of serious and violent juvenile offenders has been included. Likewise, given the country's concern about crime and violence in our schools, this unit has been completely redone and updated. A complete description of the Secret Service's Safe School Initiative has been added, as well as a projection of the possible juvenile justice system that is evolving in the twenty-first century.
In Chapter 15 we have expanded our discussion of newer drugs that have become major problems for law enforcement in recent years. These include drugs associated with the all-night parties known as "raves," where large crowds of young people listen to music and dance for six to eight hours at a time. Also included in this chapter is a discussion of two drugs that are commonly used by sex offenders to commit drug-facilitated sexual assault: Rohypnol and gamma hydroxybuterate (GHB). Finally, we have updated our section on emerging drug trends, especially as they relate to drug use among young people; discussed various treatment programs; and suggested ways to deal with the problematic aspect of drugs in American social life.
| Ch. 1 | Crime and Justice in America | 2 |
| Ch. 2 | The Substantive Criminal Law | 32 |
| Ch. 3 | The Law of Criminal Procedure and the Rights of the Criminally Accused | 76 |
| Ch. 4 | The Nature and Distribution of Crime and Its Victims | 122 |
| Ch. 5 | Factors and Theories in Criminality | 172 |
| Ch. 6 | Drugs, Crime, and the Criminal Justice System | 212 |
| Ch. 7 | Police Operations | 248 |
| Ch. 8 | Issues and Trends in Policing | 290 |
| Ch. 9 | The Dynamics of the Criminal Court | 334 |
| Ch. 10 | Bail, Pretrial Hearings, and Plea Bargaining | 390 |
| Ch. 11 | The Criminal Trial | 438 |
| Ch. 12 | Sentencing, Appeals, and the Death Penalty | 480 |
| Ch. 13 | Jails and Detention | 526 |
| Ch. 14 | Correctional Institutions | 554 |
| Ch. 15 | Alternatives to Confinement | 600 |
| Ch. 16 | Juvenile Justice | 636 |
In this book, first published more than twenty years ago, we have consistently sought to focus on the human dimension within the major components of the criminal justice system—namely the police, courts, and corrections. We have done this in part because we know that students who are majoring in criminal justice and criminology often have little or no experience within the criminal justice system, and relevant examples help to illuminate and illustrate what may be abstract or perhaps even esoteric material. We have also attempted to provide information that is interesting, informative, and thought-provoking. We have added much new material to this book and believe it will make this edition our most interesting and relevant to date.
To accomplish our objective of focusing on the human dimension, we have drawn heavily from the current print media and scholarly journals, as well as our criminal justice experience as correctional administrators, police administrators, trainers, trial attorneys, and educators. Because of our longtime affiliation with both police departments and correctional facilities, we have been able to obtain many original photographs never before seen in any criminal justice book.
In Chapter 1 we have added a new section on terrorist crime and discussed some of the major terrorist crimes that have occurred against the United States in the last fifteen years, including the destruction of the World Trade Center on September 11, 2001, as well as the sniper killings in Maryland, Virginia, and Washington, D.C., in October 2002. A new section has also been added on the topic of race crime and the administration of justice, a topic that has been given considerable attention by the social science community. Within this context we have also discussed racial profiling.
Chapter 2 has a new section on the legal and moral concept of criminal responsibility. We have also expanded the discussion of crimes to include the substantive criminal law, which is the foundation of crimes. Also, we have updated information on how common-law crimes have been modified by modern American criminal statutes. Additional crimes against morality and a variety of modern computer crimes have been added to this chapter. The twenty-first-century crimes of identity theft and stalking have been added, as well as an update on traffic crimes.
In Chapter 3 we have added a section on the Supreme Court's power of judicial review and its significance to criminal procedure. Likewise, we have added an additional dimension to the book by analyzing the constitutionality of every American's rights, including the right to a constitutional arrest and the right to a constitutional stop and detention, by including a discussion on whether these rights have been afforded to detainees after September 11, 2001. We have expanded the Supreme Court's exceptions to the exclusionary rule and have articulated the fundamental requirements for the admissibility of a Constitutional confession. In addition, we have updated the information on every American's right to be afforded a Constitutionally speedy trial, public trial, and jury trial, as well as the constitutional basis supporting every American's right to confront witnesses and the right to a compulsory process of obtaining witnesses. Finally, we have expanded our analyses of the Constitutional right against double jeopardy and the right to substantive due process.
Chapter 4 includes new information on the collection of campus crime data, an area of growing national concern about which little historically has been known. Recent data regarding the relationship between race and violent victimization have also been added. New sections have been included on intimate-partner violence and violence against women on campus. We feel that students can benefit from these units in particular. We also describe and discuss in some detail various victims of violence in the workplace.
Chapter 5 also has significant additions in this new edition. For example, a new segment has been included on police selection and training. The policing strategy based on the "zero tolerance" approach has been added. This strategy has been adapted by various police agencies and has its basis in the "broken windows" theory of crime, first mentioned by George Kelling and James Q. Wilson. The recent technological enhancements in the National Crime Information Center 2000 network are described with respect to police operations. Our discussion regarding community-oriented policing has been expanded, including a section on the future of this evolving police strategy.
Chapter 6 has been revised to reflect numerous current-interest items and recent scholarly contributions to the police field. Given the public's concern about the use of violence by police officers, we have included information on violence-prone officers as well as a section on the use of the less-than-lethal weapon—pepper spray. Science and technology are continuing to enhance policing. We have added discussions on DNA and geographic information systems (GIS) as examples of these enhancements. This chapter continues to highlight trends with respect to citizen-police efforts. It also has an expanded discussion of community anti-drug programs that have been popular in some locations.
In Chapter 7 we have expanded our discussion of courts to include the specialty courts, specifically, drug courts and the new military tribunals in the age of terrorism. We have enriched the human perspective in our presentation of the nature of the professions of the criminal courts' administrative personnel. Also, we have included a new section on the romanticism of the adversarial criminal trial versus the reality of plea bargaining. Furthermore, we have taken a new look at prosecutors who use unethical procedures to obtain lawful convictions and discuss the controversial practice of privately retained counsel who defraud their clients by the "bleed 'em and plead 'em" scheme. Finally, we have looked at how criminal court judges work from a human perspective by examining job stress, courthouse culturalization, and the socialization of judges.
In Chapter 8 we have expanded our investigation of pretrial detention, including drug testing to reduce pretrial misconduct. Our discussion on the American bail system now includes critical analysis of the commercialization of bail bondspeople and the availability of bail after conviction while waiting on appeal. An expanded section has been added on the investigative grand jury and how it has become an effective tool of law enforcement. We have updated the Constitutional requirements necessary for drafting the prosecutor's information, conducting a lineup, and pretrial police identification procedures. In our section on pretrial motions, we have doubled the number of motions we discuss. We have looked at the Constitutional requirements necessary for a constitutional guilty plea.
In Chapter 9 we have added an analysis of the philosophical foundations of the criminal trial and expanded our discussion of the functions of the rules of evidence during a criminal trial. In addition, we have looked at eight of the traditional affirmative defenses that are used by defense counsel during the criminal trial. Finally, we have added a special human dimension to our discussion of the advocates' closing arguments.
In Chapter 10 we have expanded our discussion on the effects of prison overcrowding on judicial sentencing. We have included a new look at the dialectical relationship between the presentence report and the victim-impact statement, and how these relate to the sentencing hearing. We have added a new section on what is necessary for a judge to make a constitutional sentence on a guilty defendant. We also have expanded the chapter by looking at various enhancement statutes such as "three strikes and you're out," as well as their effect on negating judicial discretion. There is an additional section on how one appeals a harsh sentence and a discussion on gubernatorial clemency. Finally, in the death penalty section, we have expanded our discussion on the capital punishment debate between the four most competent arguments on both sides. Finally, we have added a section on the constitutional requirement of mental capacity now necessary before a condemned prisoner can be executed by the government.
In Chapter 11, we provide one of the most comprehensive discussions in any criminal justice book today as it relates to understanding jails and the differences between jails and prisons. We have expanded our discussion of suicides in jails to include the key components of suicide-prevention programs, and we have added a section that deals with the full range of treatment programs in jails, including substance-abuse programs, therapy, counseling, educational programs, religious programs, and therapeutic communities.
In Chapter 12, we have added a section on institutional programs and services, including educational programs, prison work programs, recreational programs, treatment programs, drug treatment programs, and religious programs. We have also added a section in which we address the problem of elderly male prisoners, whose numbers have rapidly increased over the past decade due, in part, to longer sentences. A new section addresses the problems of HIV- and AIDS-infected persons in prisons and the controversial techniques that can be employed to minimize the transmission of the disease from one inmate to another. We have also greatly expanded our discussion of women in prison.
In Chapter 13, we have expanded our discussion of community correctional centers to include halfway houses, correctional facilities that provide a residence for convicted offenders who do not require the secure custody of prison; work release, a program that can be operated out of both jails and prisons; educational release programs, an effort to ensure future employability and a smooth transition back to society for parolees; and furloughs, which involve short periods of release from custody without supervision.
In Chapter 14, a major discussion of serious and violent juvenile offenders has been included. Likewise, given the country's concern about crime and violence in our schools, this unit has been completely redone and updated. A complete description of the Secret Service's Safe School Initiative has been added, as well as a projection of the possible juvenile justice system that is evolving in the twenty-first century.
In Chapter 15 we have expanded our discussion of newer drugs that have become major problems for law enforcement in recent years. These include drugs associated with the all-night parties known as "raves," where large crowds of young people listen to music and dance for six to eight hours at a time. Also included in this chapter is a discussion of two drugs that are commonly used by sex offenders to commit drug-facilitated sexual assault: Rohypnol and gamma hydroxybuterate (GHB). Finally, we have updated our section on emerging drug trends, especially as they relate to drug use among young people; discussed various treatment programs; and suggested ways to deal with the problematic aspect of drugs in American social life.
Overview
Prentice Hall presents the sixth edition of Crime and Justice in America: A Human Perspective. The core of criminal justice, cops, courts, and corrections, emerges with force in this powerful and comprehensive introduction. As police administrators, jail administrators, practicing attorneys, educators, and trainers, the authors Leonard Territo, James B. Halsted, and Max L. Bromley successfully merge theory with real-world, practical application. Everyday functions of the police, the courtroom, and the ...