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Overview

Criminal Justice, 4/E

Jay S. Albanese, Virginia Commonwealth University
ISBN-10: 0205499090

Albanese’s Criminal Justice, 4th edition is a thorough introduction to the field of criminal justice. In addition the major concepts, this text focuses on critical thinking as well as the media's influence on both criminal justice and the public's perception of criminal justice.

Albanese gives new attention to up-to-the-minute laws and policies related to crime, search and seizure, and operations of the criminal justice system. The text examines cutting-edge issues of technology, including crimes facilitated by the Internet and identity theft.

An experienced author, scholar, and past president of the Academy of Criminal Justice Sciences, Jay Albanese has received high marks for his appealing narrative style and comprehensive style.

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Editorial Reviews

Booknews
This textbook covers the basics of the criminal justice system. Chapters address issues like crime and violence, defining and measuring crime, sophisticated crimes, criminal law, criminal procedure, officers of the law, law enforcement and police behavior, criminal courts, defense and prosecution, trials and sentencing, prisons, and corrections in the community. Albanese teaches at Virginia Commonwealth University. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780205193547
  • Publisher: Allyn & Bacon, Inc.
  • Publication date: 1/4/1999
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 584
  • Product dimensions: 8.78 (w) x 11.17 (h) x 1.13 (d)

Table of Contents

Contents

Features xvii

Preface xix

1 Perspectives on Criminal Justice 1

Perspectives on Crime 2

Media Perspectives on Crime 2

The Political Perspective on Crime 3

Crime and Other Life Events 6

Effects of Fear 7

The Universality of Crime 11

What Is Crime? 12

Historical and Political Contexts of Crime 12

Origins of the Criminal Justice System 15

Justice in the Colonial Period 17

The Evolution of Due Process 18

THAT’S A FACT: Perspectives on Fear of Crime 8

MEDIA AND CRIMINAL JUSTICE: Television Crime Dramas

and the Causes of Homicide 14

CRITICAL THINKING EXERCISES:

Carjackings in the United States 19

Binge Drinking 19

2 The Nature and Causes of Crime 23

Defining Deviance 25

Thinking versus Acting 26

Mala in Se, Mala Prohibita, and Criminal Harm 26

Criminalization of Behavior 29

How Can Crime Be Explained? 32

Biological Determinism and Psychological

Explanations 36

Sociological Explanations 37

Rational Choice Explanations 41

Gender-Based Explanations 42

Guns, Drugs, and Crime 42

Guns 42

Drugs and Alcohol 46

THAT’S A FACT: Perspectives on Gun Control by Teenagers

and Adults 45

MEDIA AND CRIMINAL JUSTICE: Perceptions and the

Reality of Crime 39

CRITICAL THINKING EXERCISES:

Choosing What to Criminalize 49

A Case Study of Delinquency 49

3 Defining and Measuring Crime 54

What Are the Types of Crime? 56

How Are Violent Crimes and Property Crimes

Classified? 56

Homicide 57

Sexual Assault 58

Assault 58

Robbery 59

Burglary 60

Larceny 60

Arson 61

How Are Crime Rates Determined? 61

The FBI Uniform Crime Reports 63

The National Crime Victimization Survey 66

What Offenders Say 72

The Future of Crime in the United States 73

THAT’S A FACT: Perspectives on the Crime Index 68

MEDIA AND CRIMINAL JUSTICE: America’s Most Wanted:

America Fights Back 62

CRITICAL THINKING EXERCISES:

The Circumstances of Crime 75

Identifying Serious Crimes 75

4 Perpetrators and Victims of Crime 78

Who Are the Victims and Perpetrators of Crime? 80

Age 80

Gender 81

Race and Ethnicity 84

Socioeconomic Status 89

What Is Crime Profiling? 89

Offender Profiles 89

Victim Profiles 91

Crime Scene Profiles 92

THAT’S A FACT: Perspectives on Partner Violence 84

MEDIA AND CRIMINAL JUSTICE: Superheroes and Crime

Prevention 90

CRITICAL THINKING EXERCISES:

The Characteristics of Homicide 93

Preventing School Shootings 94

5 Criminal Law 97

What Is Criminal Law? 99

Four Sources of American Criminal Law 100

Limits on Criminal Law 101

How Did the American System of Law and Justice

Develop? 103

Evolution of Lawful Justice 103

Evolution of Due Process 105

How Does the Law Define the Elements of a

Crime? 107

Characteristics of Criminal Acts 109

The State of Mind Requirement 110

What Defenses against Criminal Charges Does the Law

Recognize? 111

Defenses Related to Mental Illness 111

Defenses Involving Force 114

Defenses Involving Justification or Excuse 116

What Are Some Concerns about Applying Criminal

Law? 120

Controlling Animals or Owners? 121

Assisted Suicide or Murder? 121

THAT’S A FACT: Perspectives on Liability for the Death of

Others 118

MEDIA AND CRIMINAL JUSTICE: Murder on TV: Law &

Order, The Practice, and NYPD Blue 108

CRITICAL THINKING EXERCISES:

Justice on the Carolina Frontier (1764) 123

What Are the Crimes of the Century? 123

6 The Criminal Justice System 128

What Are the Agencies of Criminal Justice? 130

Law Enforcement 130

Courts 131

Corrections 132

What Is Procedural Law? 133

Law, Investigation, and Arrest 134

The Fourth Amendment and Probable Cause 134

Arrest 136

What Is Involved in Criminal Court Procedure? 136

Initial Appearance and Preliminary Hearing 136

Grand Jury, Indictment, Arraignment 138

Trial and Conviction 140

Sentencing and Appeals 140

What Are Some Concerns about the Criminal Justice

System? 142

The Cost of Justice 142

Fairness in Adjudication 145

THAT’S A FACT: Perspectives on Fairness in the Criminal

Justice System 144

MEDIA AND CRIMINAL JUSTICE: The Star Chamber 146

CRITICAL THINKING EXERCISES:

The Limits of Drug Testing 147

Addressing Violence in Entertainment 147

7 Criminal Procedure and the Police 151

What Is the Role of Police in Criminal Procedure? 153

Reasonable Suspicion and Stop and Frisk 153

The Exclusionary Rule 156

The Good Faith Exception 157

Knock and Announce 158

Searches without Warrants 159

The Fifth Amendment and the MirandaWarning 165

The Public Safety Exception 169

Interrogations and Confessions 169

Impacts of Procedural Law on Law

Enforcement 170

THAT’S A FACT: Perspectives on Profiling 172

MEDIA AND CRIMINAL JUSTICE: Law & Order 168

CRITICAL THINKING EXERCISES:

The Limits of Stop and Frisk 174

Civil Suits against Police 175

8 Origins and Organization of Law Enforcement 178

How Did Policing Evolve? 180

The Watch and Ward System 180

The New Police Bobbies 182

Metropolitan Police in American Cities 183

Crime Commissions and the Professionalization of

Policing 185

The Law Enforcement Assistance

Administration 186

What Is the Organization of Law Enforcement? 187

Local Police 187

State Police 192

Federal Law Enforcement Agencies 193

Transnational Law Enforcement 196

Who Are the Police? 198

Training and Education 199

Issues of Gender and Race 201

What Are Some Concerns about Policing in the

United States? 204

The Dilemma of Jurisdictions and Need for

Cooperation 204

The Impacts of Technology and the Media on Police

Work 206

The Movement toward Private Policing 209

THAT’S A FACT: Perspectives on Police Agencies You

Haven’t Heard About 202

MEDIA AND CRIMINAL JUSTICE: Police Dramas on

Television 205

CRITICAL THINKING EXERCISES:

Campus Law Enforcement and Crime 211

The Cyclical Nature of Community Policing 212

9 Issues in Law Enforcement and Police Behavior 218

Is There Such a Thing as a Police Personality? 220

Myths and Stereotypes about Police 220

Three Styles of Policing 222

Current Research on Police Attitudes toward Their

Jobs 223

Current Research on Police Attitudes toward the

Public They Serve 224

How Should Police Performance Be Evaluated? 227

Police Discretion and Police Misconduct 228

Police Pursuits 231

Crime Response and Clearance Rates 232

Arrest and Conviction Rates 233

Community Service 234

What Are Some Forms of Police Corruption? 236

Explanations of Corruption 237

Preventing Corruption 240

What Is Legitimate Use of Deadly Force? 242

Victims of Violent Crime Control 242

“Fleeing Felon” and “Prowler Inside” Laws 244

Police Brutality 246

THAT’S A FACT: Perspectives on a New Role for Police:

Intelligence Gathering 234

MEDIA AND CRIMINAL JUSTICE: Police and Terrorists in

Film 241

CRITICAL THINKING EXERCISES:

Responding to Spouse Abuse 249

An Appropriate Remedy for Police Misconduct? 250

10 Origins and Organization of the Courts 257

How Were Criminal Courts Similar and Different in the

Past? 259

How Did the State and Federal Court Systems

Develop? 260

State Court Systems 261

The Federal Court System 263

Who Are the Participants in the Judicial Process? 266

Prosecutors 266

Defense Counsel and Defendants 269

Judges 270

Victims and Witnesses 272

Juries 275

The Courtroom Work Group 276

How Are Specialized and Alternative Courts Changing

the Court System? 278

Felony Drug Courts 278

Dispute Resolution and Community Courts 279

THAT’S A FACT: Perspectives on the Deluge of Criminal

Cases 280

MEDIA AND CRIMINAL JUSTICE: Seeking Justice in Court

and on TV 277

CRITICAL THINKING EXERCISES:

Independent Counsel and Prosecutorial Misconduct 282

Limiting Criminal Appeals 283

11 Trial Defense and Prosecution 288

What Are the Rights of the Accused? 290

Right to Counsel 290

Right to Effective Counsel 293

How Are Cases Settled without Trial? 295

Prosecutorial Discretion 297

Diversion of Cases 298

Plea Bargaining 299

What Are Some Problems of the Court System? 300

Caseloads 301

Case Mortality 303

Adjudicate the Offender or the Act? 308

Crime Control or Due Process? 310

THAT’S A FACT: Perspectives on Adjudication 302

MEDIA AND CRIMINAL JUSTICE: The Matrix Made Me

Do It 296

CRITICAL THINKING EXERCISES:

Selective Prosecution of High-Rate Offenders 311

Should a Lawyer Defend a Guilty Person? 312

12 Trials and Sentencing 317

What Happens at Trial? 319

Jury Selection 320

Witness Testimony and Evidence 321

Defense Strategies 322

Arguments and Outcomes 323

How Do Judges Decide on a Sentence? 323

Retribution and Incapacitation 324

Deterrence and Rehabilitation 326

Probation, Restitution, and Incarceration 327

The Presentence Report 328

How Do Sentencing Options Differ? 328

Indeterminate Sentencing 328

Determinate Sentencing 329

Sentencing Guidelines 334

How Does the Eighth Amendment Restrict

Sentencing? 336

What Is the Answer to the Death Penalty

Debate? 337

The Legal Status of the Death Penalty 337

Application of The Death Penalty 341

Arguments for and against Capital

Punishment 342

THAT’S A FACT: Perspectives on the Death Penalty 343

MEDIA AND CRIMINAL JUSTICE: Dead Man

Walking 338

CRITICAL THINKING EXERCISES:

Victim’s Race and Death Penalty Decisions 348

Is Life Imprisonment a More Severe Punishment Than the

Death Penalty? 349

13 Origins and Organization of Jails and Prisons 356

How Are Correctional Institutions in the United States

Organized? 358

The Invention of the Prison 358

Levels of Custody 360

State and Federal Correctional Systems 361

Problems with Jails 362

How Do Correctional Institutions Operate? 364

Punishment 364

Custody and Deterrence 365

Rehabilitation and Reform 365

Models of Prison Administration 366

Who Is in Prison? 367

Correlates of Incarceration 367

Incarceration of Women 370

Prison Overcrowding 371

What Is Inmate Life Like? 371

Prison Work 372

Drug Use and Treatment Programs 374

AIDS in Prison 376

Prison Gangs 377

Violence in Prison 378

What Are Prisoners’ Rights and Responsibilities? 380

Constitutional Rights 380

Prison Rules 382

THAT’S A FACT: Perspectives on Prisoner Trends 369

MEDIA AND CRIMINAL JUSTICE: The Shawshank

Redemption 373

CRITICAL THINKING EXERCISES:

Private Prisons and Liability 383

The Elderly Inmate 384

14 Probation and Community Corrections 390

What Are the Alternatives to Incarceration? 392

Fines as a Form of Criminal Sanction 393

Probation 395

Intensive Supervision 398

Confinement and Monitoring 399

How Can Ex-offenders Return to the Community after

Prison? 401

Parole 401

Work/Study Release and Furloughs 403

Halfway Houses 405

Pardons and Commutations 406

What Are Forms of Authentic and Restorative

Justice? 407

Restitution and Repair 409

Mediation 409

Shock Incarceration 410

Corporal Punishment and Public Humiliation 412

Forced Birth Control and Chemical Castration 414

Forfeitures and Fees 416

THAT’S A FACT: Perspectives on Probation and

Parole 397

MEDIA AND CRIMINAL JUSTICE: 25th Hour 402

CRITICAL THINKING EXERCISES:

The Return of Chain Gangs 418

Registering Former Sex Offenders 419

15 Justice and Punishment in the Twenty-First Century 426

What Are New Ways of Administering Justice and

Punishment? 428

Technocorrections 428

Risk-Based Treatment 429

Early Life Interventions 430

Virtual Prison 431

How Can Offenders with Mental Health and Drug

Problems Be Handled in the Criminal Justice

System? 431

Mental Health of Offenders 432

Is There Effective Treatment for Sex Offenders? 433

Gender Issues 435

Balancing Just Punishment with Public Safety 436

What Is the Future of Corrections? 437

Offender Accountability 437

Professionalization of the Corrections

Profession 438

Punishment and Control by Distance 438

Preparing Offenders for Release 440

Corrections as Prevention 440

16 Juvenile Justice 483

Juvenile Justice versus Criminal Justice 486

The Nature and Extent of Delinquency 487

Arrest Figures 487

Self-Reports 491

Victimization Surveys 492

Foundations of Juvenile Justice 493

Objections to Parens Patriae 494

Modifications of the Juvenile Justice System 495

The Law and Procedure of Juvenile Justice 496

Lawyers and Self-Incrimination 497

The Burden of Proof 500

Juries in Juvenile Court 501

Double Jeopardy 502

Preventive Detention 503

Searches and the Fourth Amendment 506

Punishment and the Eighth Amendment 507

Juveniles in the System: Police, Courts,

Corrections 508

Police Disposition of Juveniles Taken into

Custody 508

Juvenile Court Outcomes 509

Juvenile Dispositions 512

Trends in Legislation 513

The Outlook for Juvenile Justice 514

THAT’S A FACT: Perspectives on Juvenile Backgrounds

and Crime 511

MEDIA AND CRIMINAL JUSTICE: Scared Straight 505

CRITICAL THINKING EXERCISES:

Abolish the Age of Majority? 515

Juries for Juveniles? 515

17 Economic and Political Crime 101

What Is Meant by Economic and Political

Crimes? 104

How Can White-Collar Crimes Be Defined? 105

Types of White-Collar Theft 106

Crimes against Public Administration 107

Corporate Crimes 108

Trends in White-Collar Crime 110

Why Is Computer Crime a Growing Threat? 111

Types of Computer Crimes 112

Consequences of Computer Crime 113

How Does Organized Crime Operate? 116

A Typology of Organized Crime 117

Organized Crime Offenders 118

National and International Aspects of Organized

Crime 120

What Are the Impacts of Terrorism and Hate

Crimes? 124

Terrorism and Hate Crime Trends 125

How Terrorism and Hate Crimes Merge 127

THAT’S A FACT: Perspectives on Terrorism 126

MEDIA AND CRIMINAL JUSTICE: A Civil Action 110

CRITICAL THINKING EXERCISES:

Is the Internet an Avenue for Terrorists? 129

Should There Be a Crackdown on Internet

Gambling? 130

THAT’S A FACT: Perspectives on Criminal Justice and

Mental Illness 434

MEDIA AND CRIMINAL JUSTICE: American Me 439

CRITICAL THINKING EXERCISES:

Illicit Drug Use in Movies and Music 443

Ecstasy: Crime Problem, Health Problem, or

Recreation? 444

18 Comparative Criminal Justice 520

The Risk of Crime around the World 522

Incidence of Major Crimes 524

Victimization 525

Why Study Comparative Criminal Justice? 527

Transnational Crimes 528

Hijacking 528

Trafficking in Humans 529

Corruption 530

War Crimes 531

Transnational Law Enforcement 532

International Justice 533

International Corrections 535

Legal, Ethical, and Practical Problems 536

THAT’S A FACT: Perspectives on International

Victimization 526

MEDIA AND CRIMINAL JUSTICE: Hotel Rwanda 537

CRITICAL THINKING EXERCISES:

War Crime Suspects Hiding in the United States? 539

Commercial Sexual Exploitation of Children 540

Appendix: The Constitution of the United States of America

Glossary

Name Index

Subject Index

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