Crime and Justice in America: A Human Perspective / Edition 6

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Overview

This volume it the most comprehensive, current and applied introduction to criminal justice in the field today. The authors' collective criminal justice experience as jail administrators, police administrators, attorneys, educators and trainers provides a unique perspective into relevant criminal justice topics. The book provides real world examples with a focus on the human dimension within the major components of the Criminal Justice System that illuminate the abstract aspects of the material. The authors examine crime and justice in America, the substantive criminal law, the law of criminal procedure and the rights of the criminally accused, the nature and distribution of crime and its victims, police operations, issues and trends in policing, the dynamics of the criminal court, pretrial procedures, the criminal trial, sentencing, appeals, and the death penalty, jails and detention, correctional institutions, probation, parole, and community corrections, juvenile justice, and drugs, crime and the criminal justice system. For individuals interested in a comprehensive look at America's criminal justice system.

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Editorial Reviews

Booknews
A comprehensive introduction to the American criminal justice system, revised and updated in both content and design. The text's 16 chapters range from discussion of various crimes and the procedures and institutions meant to deal with them to theories in criminality and trends in criminal justice administration. Abundant illustrations and graphics, with a few in color. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9780130981684
  • Publisher: Prentice Hall
  • Publication date: 7/28/2003
  • Series: Criminal Justice Interactive Series
  • Edition description: REV
  • Edition number: 6
  • Pages: 656
  • Sales rank: 445,692
  • Product dimensions: 8.10 (w) x 10.90 (h) x 1.20 (d)

Meet the Author

Leonard Territo is a Professor of Criminology at the University of South Florida, Tampa. He was previously the Chief Deputy (Undersheriff) of the Leon County Sheriff's Office in Tallahassee, Florida. Part of his responsibilities included administration of the jail. Within this capacity he was actively involved in creating new programs, as well as selecting, training, promoting, and supervising correctional officers. He has served for more than twenty years as an expert witness in jail- and prison-related litigation focusing primarily on security matters, jail suicides, and inmate health issues. He has qualified as an expert in both federal and state courts in numerous states. He has also served for nine years with the Tampa, Florida, Police Department as a patrol officer, motorcycle officer, and homicide detective. He is the former Chairperson of the Department of Police Administration and Director of the Florida Institute for Law Enforcement at St. Petersburg Junior College, St. Petersburg, Florida. In addition to writing numerous articles, book chapters, and technical reports, he has authored and co-authored nine books, including Criminal Investigation, which is in its eighth edition; Police Administration, which is in its sixth edition; Police Civil Liability; College Crime Prevention and Personal Safety Awareness; and Stress Management in Law Enforcement. His books have been used in more than a thousand colleges and universities in all fifty states. His books and other writings have been used and referenced by both academic and police departments in fourteen countries: Australia, Barbados, Canada, Chile, Czechoslavokia, England, France, Germany, Israel, the Netherlands, Poland, Saudi Arabia, South Korea, and Spain.

His teaching awards include being selected from among two hundred criminal justice educators from the state of Florida as the Outstanding Criminal Justice Educator of the Year, and as the Outstanding Teacher of the Year by the College of Social and Behavioral Sciences at the University of South Florida. He has been given awards by both the Florida Police Chiefs Association and the Tampa Police Academy for his years of teaching and meritorious service and has been selected for inclusion in Who's Who in American Law Enforcement. His academic credentials include an A.A. in Police Administration from St. Petersburg Junior College, a B.A. in Interdisciplinary Social Sciences from the University of South Florida, an M.A. in Political Science from the University of South Florida, and a Doctor of Education degree from Nova Southeastern University.

James B. Halsted received a bachelor of arts degree from Southern Methodist University in Dallas, Texas. He graduated magna cum laude, with departmental distinction, and was elected to Phi Beta Kappa. He holds a Juris Doctor degree from Southern Methodist University and a Ph.D. in Humanities from Florida State University. He is licensed to practice law in Texas and is a member of the bar of the Texas Supreme Court. He has served as a federal prosecuting attorney in the Judge Advocate General's office as well as defense counsel. Presently, he is a Professor in the Department of Criminology at the University of South Florida and a Professor of the University's Honors College. He has published more than thirty scholarly articles in the fields of criminal law, the humanities, and the criminal justice system. Also a distinguished teacher, Dr. Halsted has won nine teaching awards while at the University of South Florida, including the College of Social and Behavioral Science's Outstanding Teacher Award, culminating in his being named by the senior class as the University of South Florida's Outstanding Professor. Dr. Halsted continues to practice criminal law while teaching at the University of South Florida. He has served as the executive secretary of the Phi Beta Kappa Alumni Association of the Greater Tampa Bay Area since the organization's inception.

Max L. Bromley is an Associate Professor in the Department of Criminology at the University of South Florida. He has previously served as the Associate Director of Public Safety at the University of South Florida and worked in the criminal justice field for almost twenty-five years. In addition to his many years of policing experience, Dr. Bromley also worked as a juvenile probation officer early in his career, which provided him with an understanding and appreciation of this critical part of the criminal justice system. He received his B.S. and M.S. in Criminology from Florida State University and has a doctorate in Higher Education with an emphasis in Criminal Justice from Nova University. He has co-edited a volume entitled Hospital and College Security Liability and was the senior co-author of College Crime Prevention and Personal Safety Awareness. In addition, he has written dozens of scholarly articles and technical documents on a variety of campus crime and campus policing issues. Recently Dr. Bromley has been involved in research on community policing. His articles have appeared in Policing, Police Quarterly, Criminal Justice Policy Review, and Journal of Contemporary Criminal Justice. Dr. Bromley also wrote Department Self-Study: A Guide for Campus Law Enforcement Administrators, used at more than a thousand institutions of higher education.

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Read an Excerpt

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.

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Table of Contents

1. Crime and Justice in America.

2. The Substantive Criminal Law.

3. The Law of Criminal Procedure and the Rights of the Criminally Accused.

4. The Nature and Distribution of Crime and Its Victims.

5. Police Operations.

6. Issues and Trends in Policing.

7. The Dynamics of the Criminal Court.

8. Pretrial Procedures: Bail, Pretrial Hearings, and Plea Bargaining.

9. The Criminal Trial.

10. Sentencing, Appeals, and the Death Penalty.

11. Jails and Detention.

12. Correctional Institutions.

13. Probation, Parole, and Community Corrections.

14. Juvenile Justice.

15. Drugs, Crime, and the Criminal Justice System.

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Preface

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.

Read More Show Less

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