Schmalleger Cuprins

GLOSSARY i
FIFTEENTH EDITION
Criminal Justice Today

AN INTRODUCTORY TEXT
FOR THE TWENTY-FIRST CENTURY
Frank Schmalleger, Ph.D.

Distinguished Professor Emeritus, The University of North Carolina at Pembroke
330 Hudson Street, NY, NY 10013
A01_SCHM9754_15_SE_FM.indd 1 8/18/17 3:16 PM

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Library of Congress Cataloging-in-Publication Data

Schmalleger, Frank, author.
Criminal justice today : an introductory text for the twenty-first century / Frank Schmalleger, Ph.D.
Distinguished Professor Emeritus, The University of North Carolina at Pembroke.
Fifteenth Edition. | Hoboken : Pearson, [2017] | Revised edition of the author’s Criminal justice
today, [2017]
LCCN 2017020520| ISBN 9780134749754 (alk. paper) | ISBN 0134749758 (alk. paper) |
ISBN 9780134833828 (loose leaf) | ISBN 0134833821 (loose leaf)]
LCSH: Criminal justice, Administration of—United States. | Criminal procedure—United States.
LCSH: LCC HV9950 .S35 2017b | DDC 364.973—dc23
LC record available at https://lccn.loc.gov/ 2017020520
1 17
Paper Bound: ISBN 13: 978-0-13-474975-4

ISBN 10: 0-13-474975-8
Loose leaf: ISBN 13: 978-0-13-483382-8
ISBN 10: 0-13-483382-1

This book is dedicated to my beautiful wife,
Ellen “Willow” Szirandi Schmalleger, my true companion,
whose wonderful, happy, and free spirit
is a gift to all who know her.

Brief Contents
PART 1 Crime in America 1
Chapter 1 | What is Criminal Justice? 2
Chapter 2 | The Crime Picture 31
Chapter 3 | The Search for Causes 72
Chapter 4 | Criminal Law 110
PART 2 Policing 139

Chapter 5 | Policing: History and Structure 140
Chapter 6 | Policing: Purpose and Organization 165
Chapter 7 | Policing: Legal Aspects 196
Chapter 8 | Policing: Issues and Challenges 242
PART 3 Adjudication 283

Chapter 9 | The Courts: Structure and Participants 284
Chapter 10 | Pretrial Activities and the Criminal Trial 320
Chapter 11 | Sentencing 350
PART 4 Corrections 397

Chapter 12 | Probation, Parole, and Reentry 398
Chapter 13 | Prisons and Jails 427
Chapter 14 | Prison Life 472
PART 5 Special Issues 513

Chapter 15 | Juvenile Justice 514
Chapter 16 | Drugs and Crime 540
Chapter 17 | Terrorism, Multinational Criminal Justice, and Global Issues 576
Chapter 18 | High-Technology Crimes 612
iv

Contents
Preface xxv
Acknowledgments xxviii
About the Author xxxi
PART ONE ■ Crime in America 1

Chapter 1 | What is Criminal Justice? 2
Introduction 3
A Brief History of Crime in America 4
The Theme of This Book 7
FREEDOM OR SAFETY? YOU DECIDE Clarence Thomas Says: “Freedom Means Responsibility” 9
Criminal Justice and Basic Fairness 10
■ CJ | NEWS Surveillance Technology Has Been Blanketing the Nation Since 9-11 12
American Criminal Justice: System and Functions 13
The Consensus Model 13
The Conflict Model 14
American Criminal Justice: The Process 15
Investigation and Arrest 15
Pretrial Activities 16
EVIDENCE-BASED JUSTICE REINVESTMENT Data-Driven, Cost-Efficient Criminal Justice 18
Adjudication 20
Sentencing 20
Corrections 21
Reentry 21
Due Process and Individual Rights 21
The Role of the Courts in Defining Rights 22
The Ultimate Goal: Crime Control through Due Process 23
Evidence-Based Practice in Criminal Justice 23
■ CJ | CAREERS Careers in Criminal Justice 24
The Start of Academic Criminal Justice 25
Multiculturalism and Social Diversity in Criminal Justice 25
Summary 27
Key Terms 28
Questions for Review 28
Questions for Reflection 28
Notes 28
Chapter 2 | The Crime Picture 31

Introduction 32
Crime Data and Social Policy 32
The Collection of Crime Data 33
v

vi CONTENTS
The UCR/NIBRS Program 33

Development of the UCR Program 33
The National Incident-Based Reporting System 35
Historical Trends 37
UCR/NIBRS in Transition 41
Part I Offenses 42
■ CJ | NEWS “Flash Robs”—A Social Media Phenomenon 48
■ CJ | ISSUES Race and the Criminal Justice System 50
Part II Offenses 53
FREEDOM OR SAFETY? YOU DECIDE Can Citizens Have Too Much Privacy? 54
The National Crime Victimization Survey 55
Comparisons of the UCR and NCVS 56
Special Categories of Crime 57
Crime against Women 57
Crime against the Elderly 58
■ CJ | ISSUES Gender issues in Criminal Justice 59
Hate Crime 60
Corporate and White-Collar Crime 61
Organized Crime 62
Gun Crime 63
Drug Crime 64
Cybercrime 64
■ CJ | ISSUES Gun Control 65
■ CJ | NEWS Most Americans Favor Legalizing Marijuana 66
Terrorism 67
Summary 67
Key Terms 68
Notes 68
Chapter 3 | The Search for Causes 72

Introduction 73
Criminological Theory 74
Classical and Neoclassical Theory 76
Cesare Beccaria: Crime and Punishment 78
Jeremy Bentham: Hedonistic Calculus 78
The Neoclassical Perspective 78
Social Policy and Classical Theories 79
Early Biological Theories 79
Franz Joseph Gall: Phrenology 79

CONTENTS vii
Cesare Lombroso: Atavism 80

Criminal Families 81
William Sheldon: Somatotypes 81
Social Policy and Early Biological Theories 82
Biosocial Theories 82
The Gender Ratio Problem 82
Chromosome Theory 83
Biochemical Factors and Imbalances 84
Heredity and Heritability 85
Social Policy and Biological Theories 86
Psychological Theories 86
Behavioral Conditioning 86
Freudian Psychoanalysis 86
Psychopathology and Crime 87
The Psychotic Offender 88
Trait Theory 88
Psychological Profiling 89
Social Policy and Psychological Theories 90
Sociological Theories 90
Social Ecology Theory 90
Anomie Theory 91
Subcultural Theory 91
■ CJ | NEWS Evidence of “Warrior Gene” May Help Explain Violence 92
Social Policy and Sociological Theories 93
Social Process Theories 93
Differential Association Theory 93
■ CJ | ISSUES The Physical Environment and Crime 94
Restraint Theories 95
Labeling Theory 96
Social Development and the Life Course 97
Conflict Theories 99
Radical Criminology 100
Peacemaking Criminology 101
Social Policy and Conflict Theories 102
Emergent Perspectives 102
Feminist Criminology 102
Postmodern Criminology 104
Summary 104
Key Terms 105
Key Cases 105

viii CONTENTS

Notes 106
Chapter 4 | Criminal Law 110

Introduction 111
The Nature and Purpose of Law 111
The Rule of Law 112
Types of Law 112
■ CJ | NEWS Politicians Who Violate the “Rule of Law” Get Tough Prison Sentences 113
Criminal Law 114
Statutory Law 114
Civil Law 115
Administrative Law 115
Case Law 115
General Categories of Crime 115
Felonies 116
Misdemeanors 116
Infractions 116
Treason 116
FREEDOM OR SAFETY? YOU DECIDE Should Violent Speech Be Free Speech? 117
Espionage 118
Inchoate Offenses 118
General Features of Crime 118
The Criminal Act (Actus Reus) 118
A Guilty Mind (Mens Rea) 120
Concurrence 121
Other Features of Crime 121
Elements of a Specific Criminal Offense 123
The Example of Murder 123
The Corpus Delicti of a Crime 124
Types of Defenses to a Criminal Charge 124
Alibi 124
Justifications 126
Excuses 128
Procedural Defenses 134
Summary 136
Key Terms 136
Key Cases 137
Notes 137

CONTENTS ix
PART TWO ■ Policing 139

Chapter 5 | Policing: History and Structure 140
Introduction 141
Historical Development of the Police 141
English Roots 141
The Early American Experience 143
The Last Half of the Twentieth Century 145
Evidence-Based Policing 146
American Policing Today: From the Federal to the Local Level 149
Federal Agencies 150
The Federal Bureau of Investigation 150
■ CJ | NEWS The FBI’s Next Generation Identification System 153
State Agencies 153
Local Agencies 154
■ CJ | NEWS NYPD Permits Wearing of Turban, Beards, by Sikh Officers 155
Private Protective Services 156
EVIDENCE-BASED JUSTICE REINVESTMENT Cost-Efficient Policing 157
Integrating Public and Private Security 159
■ CJ | CAREERS 160
ETHICS AND PROFESSIONALISM ASIS International Code of Ethics 161
Summary 162
Key Terms 163
Notes 163
Chapter 6 | Policing: Purpose and Organization 165

Introduction 166
The Police Mission 166
Enforcing the Law 166
Apprehending Offenders 167
Preventing Crime 167
Predicting Crime 168
Preserving the Peace 169
Providing Services 170
Operational Strategies 170
Preventive Patrol 170
Routine Incident Response 171
Emergency Response 171

x CONTENTS
Criminal Investigation 171

Problem Solving 173
Support Services 173
EVIDENCE-BASED JUSTICE REINVESTMENT Policing in an Economic Downturn 174
Managing Police Departments 175
Police Organization and Structure 175
Chain of Command 175
Policing Styles 175
The Watchman Style of Policing 177
The Legalistic Style of Policing 178
The Service Style of Policing 178
Police–Community Relations 178
FREEDOM OR SAFETY? YOU DECIDE Police Body-Worn Cameras: The Good and the Bad 179
Terrorism’s Impact on Policing 183
■ CJ | EXHIBIT 6–1 The President’s Task Force on 21st Century Policing 184
Intelligence-Led Policing and Antiterrorism 185
Information Sharing and Antiterrorism 186
Fusion Centers 187
The National Criminal Intelligence Sharing Plan 187
■ CJ | CAREERS Police Officer 188
Ethnic and Gender Diversity in Policing 188
Women as Effective Police Officers 190
■ CJ | ISSUES Trust and Diversity in Law Enforcement 190
Summary 192
Key Terms 192
Notes 193
Chapter 7 | Policing: Legal Aspects 196

Introduction 197
The Abuse of Police Power 197
A Changing Legal Climate 198
Individual Rights 199
Due Process Requirements 199
Search and Seizure 200
The Exclusionary Rule 200
FREEDOM OR SAFETY? YOU DECIDE Liberty Is a Double-Edged Sword 202
Judicial Philosophy and the U.S. Supreme Court 204
■ CJ | ISSUES Plain-View Requirements 208
Detention and Arrest 211

CONTENTS xi
Searches Incident to Arrest 212

Emergency Searches of Persons 215
Vehicle Searches 215
■ CJ | NEWS Supreme Court Says Police Need Warrants before Searching Cell Phones 216
■ CJ | CAREERS Patrol Officer 219
Suspicionless Searches 219
High-Technology Searches 220
The Intelligence Function 221
Informants 221
Police Interrogation 222
The Right to a Lawyer at Interrogation 224
Suspect Rights: The Miranda Decision 225
■ CJ | ISSUES The Miranda Warnings 227
Gathering Special Kinds of Nontestimonial Evidence 230
FREEDOM OR SAFETY? YOU DECIDE Policing in the Age of Social Media 231
Electronic Eavesdropping 232
■ CJ | NEWS Supreme Court Says Police Need Warrant for GPS Tracking 233
■ CJ | ISSUES The USA PATRIOT Act of 2001 and the USA PATRIOT Improvement and Reauthorization Act of 2005 235
Summary 237
Key Terms 238
Key Cases 238
Notes 238
Chapter 8 | Policing: Issues and Challenges 242

Introduction 243
Police Personality and Culture 243
■ CJ | ISSUES Rightful Policing 245
Corruption and Integrity 246
Money—The Root of Police Evil? 248
Building Police Integrity 249
Drug Testing of Police Employees 250
Professionalism and Ethics 251
ETHICS AND PROFESSIONALISM The Law Enforcement Code of Ethics 252
ETHICS AND PROFESSIONALISM The FBI Oath 253
Education and Training 253
Recruitment and Selection 254
The Dangers of Police Work 255
Violence in the Line of Duty 256
Risk of Disease and Infected Evidence 256

xii CONTENTS
Stress and Fatigue among Police Officers 258

FREEDOM OR SAFETY? YOU DECIDE Religion and Public Safety 259
Police Use of Force 260
Deadly Force 262
■ CJ | EXHIBIT 8–1 Taking Policing to a Higher Standard 263
Less-Lethal Weapons 265
■ CJ | ISSUES The President’s Task Force on 21st Century Policing 266
Discretion and the Individual Officer 266
Racial Profiling and Biased Policing 267
■ CJ | NEWS Is the Video Recording of Police Activity in a Public Place Legal? 268
Racially Biased Policing 270
FREEDOM OR SAFETY? YOU DECIDE Was the NYPD’s Monitoring of Muslim Groups a Form of Religious Profiling? 271
Police Civil Liability 272
Common Sources of Civil Suits 272
■ CJ | ISSUES Investigating Crime in a Multicultural Setting 273
FREEDOM OR SAFETY? YOU DECIDE Law Enforcement and Data Encryption 275
Federal Lawsuits 276
Summary 278
Key Terms 278
Key Cases 278
Notes 279
PART THREE ■ Adjudication 283

Chapter 9 | The Courts: Structure and Participants 284
Introduction 285
History and Structure of the American Court System 285
The State Court System 286
The Development of State Courts 286
State Court Systems Today 287
The Federal Court System 291
U.S. District Courts 291
U.S. Courts of Appeals 292
The U.S. Supreme Court 293
EVIDENCE-BASED JUSTICE REINVESTMENT Cost-Efficient Courts 295
The Courtroom Work Group 296
The Judge 296
The Prosecuting Attorney 299

CONTENTS xiii
■ CJ | CAREERS Assistant District Attorney 300

The Defense Counsel 302
■ CJ | ISSUES Gideon v. Wainwright and Indigent Defense 305
The Bailiff 307
Trial Court Administrators 307
ETHICS AND PROFESSIONALISM American Bar Association’s Model Rules of Professional Conduct 308
The Court Reporter 308
The Clerk of Court 309
Expert Witnesses 309
■ CJ | NEWS DNA Sampling Solves Some of the Toughest Cases 310
Outsiders: Nonprofessional Courtroom Participants 311
Lay Witnesses 311
Jurors 312
The Victim 313
The Defendant 314
Spectators and the Press 314
Summary 315
Key Terms 316
Key Cases 316
Notes 316
Chapter 10 | Pretrial Activities and the Criminal Trial 320

Pretrial Activities 321
The First Appearance 321
■ CJ | CAREERS Surety Agent 324
The Grand Jury 326
The Preliminary Hearing 327
Arraignment and Plea 328
Plea Bargaining 328
■ CJ | ISSUES Nonjudicial Pretrial Release Decisions 329
The Criminal Trial 330
Nature and Purpose of the Criminal Trial 330
Stages in a Criminal Trial 331
Trial Initiation: The Speedy Trial Act 331
Jury Selection 333
Opening Statements 336
The Presentation of Evidence 336
■ CJ | ISSUES Pretrial and Post-Trial Motions 340
Closing Arguments 341

xiv CONTENTS
The Judge’s Charge to the Jury 342

Jury Deliberations and the Verdict 342
■ CJ | NEWS Social Media Pose New Threats to Keeping Jurors Isolated during Trials 343
Improving the Adjudication Process 344
■ CJ | ISSUES Courtrooms of the Future 345
■ CJ | ISSUES The Bilingual Courtroom 346
Summary 347
Key Terms 347
Key Cases 347
Notes 348
Chapter 11 | Sentencing 350

Introduction 351
The Philosophy and Goals of Criminal Sentencing 351
Retribution 352
Incapacitation 352
Deterrence 353
Rehabilitation 353
Restoration 353
Indeterminate Sentencing 355
Critiques of Indeterminate Sentencing 355
Structured Sentencing 356
■ CJ | ISSUES Aggravating and Mitigating Circumstances 358
Federal Sentencing Guidelines 358
The Legal Environment of Structured Sentencing 360
Three-Strikes Laws 362
Mandatory Sentencing 362
Sentencing and Today’s Prison Crisis 364
■ CJ | CAREERS Medicolegal Death Investigator 365
Innovations in Sentencing 366
Questions about Alternative Sanctions 366
The Presentence Investigation 367
The Victim—Forgotten No Longer 368
■ CJ | ISSUES Victims’ Rights in California 370
Victim-Impact Statements 370
Traditional Sentencing Options 371
Fines 372
EVIDENCE-BASED JUSTICE REINVESTMENT Cost-Efficient Corrections and Sentencing 374
Death: The Ultimate Sanction 374

CONTENTS xv
Habeas Corpus Review 376

FREEDOM OR SAFETY? YOU DECIDE What Are the Limits of Genetic Privacy? 378
Opposition to Capital Punishment 379
■ CJ | NEWS High Costs Lead to Reconsideration of Death Penalty 384
Justifications for Capital Punishment 385
The Courts and the Death Penalty 386
The Future of the Death Penalty 388
■ CJ | NEWS Death-Row Exonerations Based on DNA Expose Flaws in Legal System 389
Summary 390
Key Terms 390
Key Cases 391
Notes 391
PART FOUR ■ Corrections 397

Chapter 12 | Probation, Parole, and Reentry 398
Introduction 399
What Is Probation? 399
The Extent of Probation 400
Probation Conditions 401
Federal Probation 401
FREEDOM OR SAFETY? YOU DECIDE Special Conditions of Probation 401
What Is Parole? 402
The Extent of Parole 403
Parole Conditions 404
■ CJ | ISSUES Culturally Skilled Probation Officers 404
Federal Parole 405
Probation and Parole: The Pluses and Minuses 406
Advantages of Probation and Parole 406
Disadvantages of Probation and Parole 406
The Legal Environment 407
EVIDENCE-BASED JUSTICE REINVESTMENT Cost-Efficient Reentry Services 409
The Job of Probation and Parole Officers 410
The Challenges of the Job 410
Intermediate Sanctions 411
■ CJ | CAREERS Probation Officer 412
Split Sentencing 413
Shock Probation and Shock Parole 413
Shock Incarceration 413

xvi CONTENTS
Mixed Sentencing and Community Service 414

ETHICS AND PROFESSIONALISM American Probation and Parole Association Code of Ethics 415
Intensive Probation Supervision 415
Home Confinement and Remote Location Monitoring 416
■ CJ | NEWS How GPS Technology Keeps Track of Sex Offenders 417
The Future of Probation and Parole 418
Changes in Reentry Policies 419
■ CJ | ISSUES Remote Reporting Probation 422
The Reinvention of Probation and Evidence-Based Practices 422
Summary 423
Key Terms 423
Key Cases 424
Notes 424
Chapter 13 | Prisons and Jails 427

Introduction 428
Early Punishments 428
Flogging 429
Mutilation 429
Branding 429
Public Humiliation 429
Workhouses 430
Exile 430
The Emergence of Prisons 431
The Penitentiary Era (1790–1825) 431
The Mass Prison Era (1825–1876) 433
The Reformatory Era (1876–1890) 433
■ CJ | ISSUES Chaplain James Finley’s Letter from the Ohio Penitentiary, 1850 434
■ CJ | ISSUES An Early Texas Prison 435
The Industrial Era (1890–1935) 435
The Punitive Era (1935–1945) 438
The Treatment Era (1945–1967) 438
The Community-Based Era (1967–1980) 439
The Warehousing Era (1980–1995) 440
The Just Deserts Era (1995–2012) 442
The Evidence-Based Era (2012–Present) 443
■ CJ | ISSUES Evidence-Based Corrections 444
Prisons Today 444
■ CJ | NEWS California Wants Federal Oversight of Prisons to End 445

CONTENTS xvii
■ CJ | ISSUES Who’s in Prison and Why? 447

Overcrowding 448
EVIDENCE-BASED JUSTICE REINVESTMENT California’s Public Safety Realignment 448
Security Levels 451
Prison Classification Systems 452
The Federal Prison System 453
■ CJ | ISSUES The Charles Colson Task Force on Federal Corrections 457
Recent Improvements 457
Jails 458
Women and Jail 459
The Growth of Jails 460
FREEDOM OR SAFETY? YOU DECIDE To What Degree Should the Personal Values of Workers in the Criminal Justice System
Influence Job Performance? 461
New-Generation Jails 461
Jails and the Future 462
Private Prisons 463
ETHICS AND PROFESSIONALISM American Jail Association Code of Ethics for Jail Officers 464
■ CJ | ISSUES Arguments for and against the Privatization of Prisons 465
Summary 466
Key Terms 467
Key Names 467
Notes 467
Chapter 14 | Prison Life 472

Introduction 473
Research on Prison Life—Total Institutions 473
The Male Inmate’s World 474
The Evolution of Prison Subcultures 475
The Functions of Prison Subcultures 476
Prison Lifestyles and Inmate Types 476
■ CJ | ISSUES Prison Argot: The Language of Confinement 477
Homosexuality and Sexual Victimization in Prison 478
The Female Inmate’s World 480
Parents in Prison 481
Gender Responsiveness 482
Institutions for Women 483
■ CJ | ISSUES The Bangkok Rules on the Treatment of Female Prisoners 484
Social Structure in Women’s Prisons 484
Types of Female Inmates 485

xviii CONTENTS
Violence in Women’s Prisons 486

The Staff World 486
The Professionalization of Corrections Officers 487
Security Threat Groups and Prison Riots 488
ETHICS AND PROFESSIONALISM American Correctional Association Code of Ethics 489
Prisoners’ Rights 490
EVIDENCE-BASED JUSTICE REINVESTMENT The Cost-Benefit Knowledge Bank for Criminal Justice 492
The Legal Basis of Prisoners’ Rights 493
Grievance Procedures 494
A Return to the Hands-Off Doctrine? 498
FREEDOM OR SAFETY? YOU DECIDE Should Prison Libraries Limit Access to Potentially Inflammatory Literature? 499
Issues Facing Prisons Today 501
HIV/AIDS 501
Geriatric Offenders 502
Inmates with Mental Illness and Intellectual Disabilities 504
Terrorism and Corrections 504
■ CJ | ISSUES Technocorrections 505
■ CJ | NEWS Radical Islam, Terrorism, and U.S. Prisons 506
FREEDOM OR SAFETY? YOU DECIDE Censoring Prison Communications 507
Summary 508
Key Terms 508
Key Cases 509
Notes 509
PART FIVE ■ Special Issues 513

Chapter 15 | Juvenile Justice 514
Introduction 515
Juvenile Justice throughout History 516
Earliest Times 516
The Juvenile Court Era 517
Categories of Children in the Juvenile Justice System 519
■ CJ | NEWS Schools Take Bullying Seriously 520
The Legal Environment 520
Legislation Concerning Juveniles and Justice 522
The Legal Rights of Juveniles 523
The Juvenile Justice Process Today 524
■ CJ | ISSUES The Juvenile Justice System versus Criminal Case Processing 525

CONTENTS xix
Adult and Juvenile Justice Compared 525

How the System Works 526
Intake and Detention Hearings 526
■ CJ | ISSUES Juvenile Courts versus Adult Courts 531
■ CJ | NEWS Justice-Involved Girls 532
■ CJ |CAREER PROFILE Juvenile Justice Professional 533
Trends in Juvenile Justice 533
■ CJ | ISSUES Evidence-Based Juvenile Justice 536
Summary 537
Key Terms 538
Key Cases 538
Notes 538
Chapter 16 | Drugs and Crime 540

Introduction 541
Drugs and Drug Abuse 541
Drug Crime 542
What Is a Drug? 542
A History of Drug Abuse in America 544
Drug Use and Social Awareness 545
Antidrug Legislation 546
The Investigation of Drug Abuse and Manufacturing 551
The Most Common Drugs—And Who Is Using Them 552
Drug Trafficking 553
Marijuana 553
■ CJ | ISSUES Drugs: What’s in a Name? 554
Cocaine 554
Heroin 555
Methamphetamine 556
Club Drugs 557
■ CJ | NEWS “Bath Salts” Drugs: Very Potent, Hard to Target 558
The Costs of Abuse 559
The Indirect Costs of Abuse 560
Drug-Related Crime 560
Solving the Drug Problem 562
Strict Law Enforcement 563
Asset Forfeiture 564
Interdiction 566
Crop Control 566
Prevention and Treatment 566

xx CONTENTS
Summary 571
Key Terms 572
Key Cases 572
Notes 572
Chapter 17 | Terrorism, Multinational Criminal Justice, and Global Issues 576

Introduction 577
Ethnocentrism and the Study of Criminal Justice 578
Problems with Data 579
Islamic Criminal Justice 580
The Hudud Crimes 581
The Tazir Crimes 582
Islamic Courts 582
International Criminal Justice Organizations 583
The Role of the United Nations in Criminal Justice 583
Interpol and Europol 585
The International Criminal Court 586
Globalization and Crime 587
Transnational Organized Crime 588
Human Smuggling and Trafficking 589
Terrorism 592
■ CJ | ISSUES Lone Wolf Terrorism and the Radicalization Process 592
Types of Terrorism 593
■ CJ | ISSUES What Is Terrorist Activity? 594
Causes of Terrorism 598
Combating Terrorism 598
■ CJ | ISSUES The USA PATRIOT Act of 2001 (as Amended and Reauthorized) 600
Foreign Terrorist Organizations 603
The Future of International Terrorism 606
Summary 606
Key Terms 607
Notes 608
Chapter 18 | High-Technology Crimes 612

Introduction 613
Technology and Crime 613
Biocrime 614

CONTENTS xxi
Cybercrime 615
Terrorism and Technology 619
Technology and Crime Control 619
Leading Technological Organizations in Criminal Justice 621
Criminalistics: Past, Present, and Future 622
New Technologies in Criminalistics 624
■ CJ | NEWS Kim Dotcom of Megaupload Faces Extradition to the United States 625
On the Horizon 630
The Future of Criminal Justice 633
Summary 634
Key Terms 635
Key Cases 635
Notes 635
List of Acronyms 639

Glossary 642
Case Index 000
Name Index 000
Subject Index 000

New to This Edition
Chapter-Specific Changes pain killers that resulted in the deaths of three of her
patients.
Chapter 1: What Is Criminal Justice? ●● In the list of types and levels of crimes, the word “infrac-
●● A new and revised story and associated photo opens the tion” has replaced “offense.”
chapter.
●● A discussion of the 2016 Pulse Nightclub shootings in Chapter 5: Policing: History
Orlando, Florida, has been added to a description of and Structure
crimes in the current era.
●● A new Gallup poll on American’s respect for police is ●● A new CJ News box describing the wearing of turbans
discussed. and beards by Sikh officers in the NYPD has been added.
●● The discussion of multiculturalism and criminal justice
has been shortened, although the term “cultural compe- Chapter 6: Policing: Purpose
tence” has been added as a new key term. and Organization
●● A series of new “Evidence-based Justice Reinvestment”
●● The concept of evidence-based policing is introduced
boxes have been added to the text. The first of these
earlier in the chapter than it was in the last edition.
boxes, found in this chapter, introduces the concepts of
●● The discussion of fusion centers has been updated.
both evidence-based practices and justice reinvestment.
Chapter 2: The Crime Picture Chapter 7: Policing: Legal Aspects

●● The chapter now opens with the story of Freddie Gray
●● The National Crime Statistics Exchange (NCS-X), a
and the six Baltimore police officers who were charged
BJS-sponsored program designed to generate nationally
with his killing.
representative incident-based data on crimes reported to
●● A discussion of U.S. Supreme Court “eras” has been
law enforcement agencies, is now discussed.
added to the chapter, to include the Warren Court, the
●● Updated crime statistics are found throughout the
Burger Court, and the Rehnquist Court.
chapter.
●● A clear distinction is drawn between the police power to
●● A photo and brief discussion of Omar Mateen, who
detain and the power to arrest.
killed 49 patrons at a nightclub in Orlando, Florida, in
●● The 2015 Cybersecurity Information Sharing Act
2016, has been added.
(CISA) is now discussed.
●● The discussion of race and the criminal justice system has
been expanded.
●● A discussion and photo showing the Emanuel AME Chapter 8: Policing: Issues
Church in Charleston, S.C., where a 2015 shooting took and Challenges
nine lives, has been added to the chapter. ●● The 2017 National Consensus Policy on Use of Force, a
collaboration between 11 nationally significant law en-
Chapter 3: The Search for Causes forcement leadership organizations, is described.
●● The discussion of the number of female offenders (versus ●● The killing of five Dallas, Texas, police officers is de-
males) for specific crimes has been changed. scribed in the context of the Black Lives Matter
●● Statistics and crime data throughout the chapter have been movement.
updated. ●● Ambush-style killings of police officers in various places
across the nation are discussed.
Discussion of the 2015 investigation of the Baltimore
Chapter 4: Criminal Law
●●
Police Department by the U.S. Department of Justice is

●● The chapter now begins with the story of Dr. Hsiu-Ying included.
“Lisa” Tseng, a Los Angeles-area physician, who was con- ●● Recommendations of the President’s Task Force on 21st
victed of second-degree murder in 2016 for overprescribing Century Policing are presented in a CJ Issues box.
xxii

NEW TO THIS EDITION xxiii
●● The 2016 report by the Police Executive Research Forum ●● A new story about the District of Columbia’s Youth
called “Taking Policing to a Higher Standard” is now Rehabilitation Act and its impact on the sentencing of
discussed. young felons in the district opens the chapter.
●● The discussion of racial profiling has been enhanced and ●● The discussion of California’s 2011 Criminal Justice
clarified. Realignment Act, which transferred jurisdiction and
funding for managing lower-level criminal offenders
Chapter 9: The Courts: Structure from the state to the counties, has been expanded.
The story of NBA star Dwayne Wade’s sister, who was
and Participants
●●
gunned down on Chicago’s South Side in 2016 when

●● The discussion of problem-solving courts has been updated. caught in a cross fire between two paroled felons, is il-
lustrated in a new photo.
Chapter 10: Pretrial Activities and
the Criminal Trial Chapter 13: Prisons and Jails
●● The results of a new study focusing on the pretrial release ●● Evidence-based corrections (EBC) has been added as a
of federal criminal defendants have been added to the new key term.
chapter. ●● A new CJ Issues box on the Charles Colson Task
Force on Federal Corrections has been added to the

chapter.
Chapter 11: Sentencing ●● The decision by the U.S. Department of Justice to bring
●● A new chapter-opening story has been added. an end to the use of private prisons throughout the fed-
●● The discussion of capital punishment has been up- eral Bureau of Prisons systems is discussed.
dated to include California’s Proposition 66, a 2016
initiative that speeds up the appeals process in capital
cases by establishing a five-year deadline for appeals to
Chapter 14: Prison Life
be heard. ●● A discussion of the 2015 riot at the Willacy Detention
●● Mandatory DNA collection during various stages in the Center, operated by the Bureau of Immigration and
criminal justice process is now discussed. Customs Enforcement, is now discussed.
●● The discussion of exonerations using DNA evidence has ●● The coverage of security threat groups in prisons has
been expanded. been increased.
●● The chapter now mentions that the Innocence Protection ●● A description of the 2017 riot that took place at the James
Act was reauthorized in 2016 with passage of the Justice T. Vaughn Correction Center in Smyrna, Delaware, is now
for All Reauthorization Act. included.
●● The 2016 U.S. Supreme Court case of Hurst v. Florida
regarding the state’s death penalty sentencing scheme is
now discussed in the chapter. The justices found Florida’s
Chapter 15: Juvenile Justice
death penalty process to be unconstitutional under the ●● The 2016 U.S. Supreme Court decision of Montgomery
Sixth Amendment because it allowed a judge to find and v. Louisiana, which gave people who were sentenced to
weigh aggravating circumstances independently of the mandatory life in prison as juveniles the right to have
jury. their sentences reviewed, is discussed.
●● The phrase “detention hearing” has been made a key
Chapter 12: Probation, Parole, term, and is now more clearly defined.
The term “justice-involved youth” has been added as a key
and Reentry
●●
term.
●● The definition of parole has been updated in keeping
with BJS terminology.

xxiv NEW TO THIS EDITION
Chapter 16: Drugs and Crime Chapter 18: High-Technology Crimes

●● The chapter contains updated material on marijuana le- ●● The chapter now begins with government claims that
galization and decriminalization. Russian hacking may have influenced the 2016 American
●● The chapter now addresses California’s Proposition 64, presidential election.
which passed on November 8, 2016, and which legal- ●● The 2016 Justice for All Reauthorization Act, which
ized the recreational use of marijuana in that state. It also provided additional funding to assist victims of sex crimes
rolled back the sentence of thousands of people who had and allocated additional moneys for testing backlogged
been previously convicted on marijuana-related charges. rape kits, is now discussed.
●● All data (on cybercrimes) throughout the chapter have
been updated.
Chapter 17: Terrorism, Multinational
Criminal Justice, and Global
Issues
●● A more complete discussion of state-sponsored terrorism
has been added.

Preface
Many students are attracted to the study of criminal justice because
it provides a focus for the tension that exists within our society
Key Features Include
between individual rights and freedoms, on the one hand, and the Freedom OR safety? YOU decide boxes in each chapter
need for public safety, security, and order, on the other. Recently, highlight the book’s ever-evolving theme of individual rights ver-
twenty-first-century technology in the form of social media, sus public order, a hallmark feature of this text since the first edi-
smartphones, and personal online videos, has combined with tion. In each chapter of the text, Freedom or Safety boxes build
perceived injustices in the day-to-day operations of the criminal on this theme by illustrating some of the personal rights issues that
justice system, culminating in an explosion of demands for justice challenge policymakers today. Each box includes critical- think-
for citizens of all races and socioeconomic status—especially those ing questions that ask readers to ponder whether and how the
whose encounters with agents of law enforcement turn violent. criminal justice system balances individual rights and public safety.
A social movement that began with the shooting of an unarmed
black teenager in Ferguson, Missouri, in 2014, has developed into
a widespread initiative that demands justice for all. freedom OR safety? YOU decide
Clarence Thomas Says: “Freedom Means Responsibility”
The tension between individual rights and public order is In 2009, U.S. Supreme Court Justice Clarence Thomas crime problem then facing his city and the nation. We mistak-
spoke to a group of high school essay contest winners in a enly look to government and elected officials, Giuliani said, to
the theme around which all editions of this textbook have been Washington, DC, hotel ballroom. Thomas used the occasion,
which was dedicated to our nation’s Bill of Rights, to point
assume responsibility for solving the problem of crime when,
instead, each individual citizen must become accountable
built. That same theme is even more compelling today because out the importance of obligations as well as rights. “Today
there is much focus on our rights,” said Thomas. “Indeed, I
think there is a proliferation of rights.” But then he went on to
for fixing what is wrong with our society. “We only see the op-
pressive side of authority . . . . What we don’t see is that free-
dom is not a concept in which people can do anything they
of the important question we have all been asking in recent say, “I am often surprised by the virtual nobility that seems
to be accorded those with grievances. Shouldn’t there at
want, be anything they can be. Freedom is about authority.
Freedom is about the willingness of every single human being
least be equal time for our Bill of Obligations and our Bill of to cede to lawful authority a great deal of discretion about
years: How much personal freedom are we willing to sacrifice to Responsibilities?”

Today, the challenge for the criminal justice system, it
what you do.”
achieve a solid sense of individual and group security? seems, is to balance individual rights and personal freedoms
with social control and respect for legitimate authority. Years
ago, during the height of what was then a powerful move-
You Decide
How can we, as Justice Thomas suggests, achieve a bal-
Although there are no easy answers to this question, this text- ment to win back control of our nation’s cities and to rein in
skyrocketing crime rates, the New York Post sponsored a con-
ance of rights and obligations in American society? What
did Giuliani mean when he said, “What we don’t see is that
ference on crime and civil rights. The keynote speaker at that freedom is not a concept in which people can do anything
book guides criminal justice students in the struggle to find a sat- conference was New York City’s mayor, Rudolph W. Giuliani.
In his speech, Giuliani identified the tension between personal
they want, be anything they can be”? Is it possible to balance
individual rights and personal freedoms with social control and
isfying balance between freedom and security. True to its origins,

freedoms and individual responsibilities as the crux of the respect for legitimate authority?
References: Adam Liptak, “Reticent Justice Opens Up to a Group of Students,” New York Times, April 13, 2009, http://www.nytimes.com/2009/04/14/us/14bar.html (accessed
the 15th edition focuses on the crime picture in America and on October 2, 2016); and Philip Taylor, “Civil Libertarians: Giuliani’s Efforts Threaten First Amendment,” Freedom Forum Online, http://www.freedomforum.org.
the three traditional elements of the criminal justice system: police,

courts, and corrections. This edition has been enhanced with addi- CJ Careers boxes outline the characteristics of a variety of
tional “Freedom or Safety” boxes, which time and again question criminal justice careers in a Q&A format, to introduce today’s
the viability of our freedoms in a world that has grown ever more pragmatic students to an assortment of potential career options
dangerous. This edition also asks students to evaluate the strengths and assist them in making appropriate career choices.
and weaknesses of the American justice system as it struggles to
adapt to an increasingly multicultural society and to a society in
CJ | CAREERS
which the rights of a few can threaten the safety of many—espe- Police Officer
cially in the modern context of a War Against Terrorism.
Courtesy of the Justice Research Association.
Name. Narcotics Agent Christian What qualities/characteristics are most helpful for this job? Common
Tomas sense, honesty, integrity, confidence, self-discipline, dedication,
It is my hope that this text will ground students in the im- Position. QRT Agent (Quick
Response Team/Narcotics) City of
humility, composure, physical and mental toughness, tactical
awareness and the ability to work with minimal, to no, supervision.
West Palm Beach, Florida
portant issues that continue to evolve from the tension between Colleges attended. Palm Beach State
What is a typical starting salary? The West Palm Beach Police
Department starting salary is $45,324 annually, with excellent
College benefits.
the struggle for justice and the need for safety. For it is on that Majors. Psychology
Year hired. 2007
What is the salary potential as you move up into higher-level jobs?
An officer reaching PFC (Patrolman first Class) and MPO (Master
bedrock that the American system of criminal justice stands, and Please give a brief description of your
job. As a narcotics agent, my co-
Patrol Officer) will receive a 2 and 1/2% raise for each level at-
tained. Promotion in rank produces significant raises over time.
workers and I target street-level drug
it is on that foundation that the future of the justice system— Christian Tomas dealers and other quality-of-life is-
sues, to include prostitution as well
What advice would you give someone in college beginning studies in
criminal justice? This isn’t a job for someone expecting to win
all of the battles. You try as hard as you can, but you have to be
and of this country—will be built. as other illegal business practices. We use our own initiative to
begin investigations throughout the city. We buy narcotics in an
prepared for some disappointments when a case doesn’t go the
way you wanted it to. Get your degree, as it will help you get
undercover capacity and work with the S.W.A.T. team by writing promoted. When choosing a department, make sure that it’s the
FRANK SCHMALLEGER, PH.D. search warrants for them to execute.
What is a typical day like? Typical day involves doing research and
kind of department that you are looking for. I came to West Palm
Beach for the experience and to be busy; I wanted to be chal-
identifying a target. Once an investigation is complete, we move lenged and to do as much as I possibly could. Policing is a very
Distinguished Professor Emeritus, on to another. Some days are spent primarily on surveillance;
while on others we are directly involved with drug dealers.
rewarding career if you have the motivation and determination
to succeed.
The University of North Carolina at Pembroke
xxv

xxvi P R E FA C E
CJ News boxes in each chapter present case stories from CJ Issues boxes throughout the text showcase selected is-
the media to bring a true-to-life dimension to the study of sues in the field of criminal justice, including topics related to
criminal justice and allow insight into the everyday workings of multiculturalism, diversity, and technology.
the justice system.
CJ | ISSUES
CJ | NEWS Rightful Policing
Evidence of “Warrior Gene” May Help Explain Violence
In 2015, in the wake of a heated national debate about racially biased
police practices, the Program in Criminal Justice Policy and Management
identified in men, leaving women seemingly immune from the effects at Harvard University’s Kennedy School released a report on what it
of this genetic anomaly. called “rightful policing.” The report’s author, Tracey L. Meares, noted
The media nicknamed MAOA-L the “warrior gene” after it was that success in police work has traditionally been measured in two ways:
identified as highly prevalent in a constantly warring Maori tribe.
Guy Corbishley/Alamy Stock Photo

Another study found that boys with an MAOA variation were more the degree to which police agencies and their officers adhere to the law.
likely to join gangs and become some of the most violent members. Effectiveness at crime fighting has long been used to judge the suc-
Researchers now know that MAOA-L may alter the very structure of cess of police activities at all levels. Around the turn of the twenty-first
the brain. Using structural magnetic resonance imaging (MRI) scan- century, for example, police administrators—along with politicians—
ning, a 2006 study found that men with the gene variant were much took credit for declining crime rates, and “success stories” featuring city
more likely to have abnormalities in an area of the brain associated with and local police departments were frequently heard.
The second criteria by which the police have often been judged,
behavior than were other men. Functional MRI scanning then showed
fidelity to the law, rests on the notion that law enforcement officers
that these men had difficulty inhibiting strong emotional impulses.
must respect legal strictures as much as anyone else. It means that
Lawyers for violent defendants have latched on to the growing science. authorities should be held accountable when they violate the rights
In the 2009 murder trial of Bradley Waldroup, who was convicted of guaranteed to suspects under the Constitution and by law—includ- Demonstrators protesting grand jury decisions in Missouri and
chopping up his wife with a machete (she survived) and shooting her ing statutes that authorize police action and the internal administrative New York that exonerated police officers in the deaths of two
female friend to death, lawyers were able to demonstrate that Waldroup rules and regulations that agencies develop to help ensure the lawful unarmed black men in 2014. What is “rightful policing?”
© ag Visual/Fotolia
had the MAOA gene variant. Although the jury convicted him of mur- treatment of anyone who comes into contact with the police.
der and of attempted murder, its members concluded that his actions As the Harvard study notes, these two traditional criteria of police
weren’t premeditated due to the influence that his genes had on him— effectiveness can be objectively evaluated. Measures of declining crime
People typically care much more about how law enforcement
sparing him the death penalty. Also in 2009, an Italian appeals court cut rates, for example, would appear to indicate the success of police work.
agents treat them than about the outcome of the contact. Even
the sentence of a convicted murderer by one year on the grounds that Likewise, the relative lack of civil lawsuits brought against departments,
when people receive a negative outcome in an encounter, such as
he, too, had the MAOA-L gene. and success at making arrests that “stick” are common indicators of ef-
An artist’s representation of human DNA. Biosocial criminology a speeding ticket, they feel better about that incident than about
Judges are warming up to genetic defenses. In a 2012 study in fective police work.
tells us that genes may harbor certain behavioral predispositions, an incident in which they do not receive a ticket but are treated
Nonetheless, recent widespread dissatisfaction with a number of
but that it is the interaction between genes and the environment Science, when trial judges were given the MAOA variant as evidence poorly. In addition to being treated with dignity and respect, re-
grand jury decisions to exonerate police officers involved in the death
that produces behavior. What forms might such interaction take? in mock trials, they tended to reduce sentences by one year in com- search demonstrates that people look for behavioral signals that
of unarmed black suspects in a number of jurisdictions serve to show
parison to cases with no such evidence. Critics, however, argue that allow them to assess whether a police officer’s decision to stop or
that a third way of assessing police effectiveness may be more impor-
these defendants should be behind bars longer. Because their trait is arrest them was made fairly—that is, accurately and without bias.
tant today than any other. Cases such as those in Ferguson, Missouri,
As scientists studied the DNA of the mass shooter at the elementary baked into their DNA, such people say, they are likely to commit vio- These two factors—quality of treatment and indications of high-
Charleston, South Carolina, and Staten Island, New York, outraged
school in Newtown, Connecticut, some experts hoped that it would lence again. “Trying to absolve people of responsibility by attribut- quality decision-making—matter much more to people than the
many people who thought that the lives of the suspects could have
outcome of the encounter.
lead to discovery of a gene that identifies violent criminals and helps ing their behavior to their genes or environment is not new,” wrote been spared had the officers chosen to act differently. The fact that the
prevent future killings. But the old adage, “be careful of what you wish Ronald Bailey, author of the book Liberation Biology. He urged courts officers who were involved in two of those incidents were not indicted The study also notes that people report higher levels of satisfac-
for” may be relevant to such efforts. If a genetic link to violence were to take a tough stance against defendants with a genetic predilection meant that their actions had met strict legal requirements, but the lack tion with police encounters if they feel that they had the opportunity
firmly identified, could it be used to falsely stigmatize people who to violence: “Knowing that you will be held responsible for criminal of indictments brought about nationwide protests over what was seen as to explain their situation than if they did not; and people say that they
haven’t committed any crime at all? Or could such a link help con- acts helps inhibit antisocial impulses that we all feel from time to time.” the unwarranted use of lethal force. Soon traditional and social media want to believe that authorities are acting in a benevolent way—that is,
victed criminals get reduced sentences? Also, scientists want their findings to be taken with a grain of salt in the were inundated with debates over the quality of American policing, in a way that is meant to protect and help them, rather than to harass
courts, arguing that science and the law have different aims. “Science with discussions focused on claimed racial discrimination. The slogan and control them.
The argument that “my DNA made me do it” has, in fact, already
“Black lives matter” quickly became a rallying cry for protestors. The study concludes that “all four of these factors—quality of
been successfully used in the courts for a particular gene linked to vio- is focused on understanding universal phenomena; we do this by av-
On the heels of those events, the Harvard study examined how treatment, decision-making fairness, voice, and expectation of benevo-
lence. Monoamine oxidase A, known as MAOA, produces an enzyme eraging data across groups of individuals,” wrote Joshua Buckholtz for
ordinary people assess their treatment by authorities. It concluded that lent treatment—constitute procedural justice in the minds of citizens who
that breaks down serotonin and other neurotransmitters in the brain the NOVA series on PBS. “Law, on the other hand, only cares about “there is a third way, in addition to lawfulness and effectiveness, to eval- interact with the police; and that positive perceptions of procedural
that are identified with aggression. Studies have shown that a variant of specific individual people—the individual on trial.” Buckholtz observed uate policing—rightful policing.” The concept of rightful policing does justice matter more to most people than do other criteria of assessing
the gene, known as MAOA-L, can lead to violent behavior when cou- that “Genetic differences rarely affect human behavior with the kind of not depend on the lawfulness of police conduct; nor does it look to law enforcement success.”
pled with serious mistreatment in childhood. The link has only been selectivity or specificity desired and required by the law.” statistics demonstrating efficiency at crime fighting. “Rather,” as the Study authors suggest that “a focus on the procedural justice of
Harvard study says, “it depends primarily on … procedural justice or encounters can help policing agencies identify behavior, tactics, and
Resources: Mark Lallanilla, “Genetics May Provide Clues to Newtown Shooting,” Live Science, December 28, 2012, http://www.livescience.com/25853-newtown-shooter-dna.html;
Joshua W. Buckholtz, “Neuroprediction and Crime,” NOVA, October 18, 2012, http://www.pbs.org/wgbh/nova/body/neuroprediction-crime.html; and Patricia Cohen, “Genetic Basis
fairness of … conduct.” In other words, rightful policing is about how strategies that many members of minority communities find problem-
for Crime: A New Look,” New York Times, June 19, 2011, http://www.nytimes.com/2011/06/20/arts/genetics-and-crime-at-institute-of-justice-conference.html?pagewanted=all&_r=0. to achieve fairness in policing and about how to engender trust in po- atic and that lead to disaffection, even though they may be lawful and,
lice. The Harvard study says: considered in isolation, appear effective.”
References: Tracey L. Meares, Rightful Policing. New Perspectives in Policing Bulletin (Washington, DC: U.S. Department of Justice, National Institute of Justice, 2015); Tom R. Tyler
and Jeffrey Fagan, “Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities?,” Ohio State Journal of Criminal Law, Vol. 6 (2008), pp. 231 and
262; and Tom R. Tyler & Cheryl Wakslak, “Profiling and Police Legitimacy: Procedural Justice, Attributions of Motive, and Acceptance of Police Authority,” Criminology, Vol. 42 (2004),
pp. 253 and 255.
NEW! Justice Reinvestment boxes in the first four parts

of the text explore how the criminal justice system is affected by
today’s financial realities. Financial necessity in the form of bud-
get shortfalls and limits on available resources is leading police,
courts, and corrections to become more cost-efficient.
Instructor Supplements
The 15th edition of Criminal Justice Today is supported by a
complete package of instructor and student resources:
Evidence-Based Justice Reinvestment
Cost-Efficient Policing Instructor’s Manual with Test Bank. Includes content out-
A few years ago, Camden, New Jersey, city officials disbanded
their police department and turned policing services over to a
a number of roles—such as police officer, EMT, and firefighter—
can also save money by eliminating duplicate positions.
lines for classroom discussion, teaching suggestions, and answers
newly formed Camden County Police Department (CCPD). The Finally, another initiative, smart policing, makes use of tech-
CCPD began as a cost-sharing effort between Camden and
other municipalities in Camden County. Officials believed that
niques shown to work at both reducing costs and solving crimes.
Hot-spot policing, in which agencies focus their resources on
to selected end-of-chapter questions from the text. This also
substantial costs that would be saved as smaller agencies were
absorbed into the larger unified force.
known areas of criminal activity, is one such technique; whereas
predictive policing, which provides the ability to anticipate
contains a Word document version of the test bank.
Although today’s combined departments represent one or predict crime through the use of statistical techniques, helps
approach to cost savings, others include the following: pri- guide enforcement operations, and is an increasingly important
oritizing activities, reducing services, and modifying service
delivery; reorganizing and rightsizing agencies; partnering with
concept in policing today (see the “CJ News box” in Chapter 6
for more information on hot-spot policing).
TestGen. This computerized test generation system gives
other agencies and organizations; using proactive policing
methods instead of reactive ones; adopting preventative and
Two programs that support effective policing are the Smart
Policing Initiative (SPI) and the National Law Enforcement and
you maximum flexibility in creating and administering tests on
paper, electronically, or online. It provides state-of-the-art fea-
problem-solving service models; increasing efficiency; outsourc - Corrections Technology Center (NLECTC). The NLECTC works
ing services; recycling confiscated criminal resources; and to identify emerging technologies, as well as to assess their ef-
implementing force multipliers. ficiency; the SPI, a collaborative consortium composed of the
Force multipliers, the last of the options listed here, refers to
using technologies that permit a few personnel to do the work
Bureau of Justice Assistance, the nonprofit CNA Corporation,
and over 30 local law enforcement agencies, works to build
tures for viewing and editing test bank questions, dragging a
of many. Cameras placed in crime-prone areas, for example,
and monitored by police employees can sometimes reduce the
evidence-based law enforcement strategies that are effec-
tive, efficient, and economical. The SPI is also discussed in an selected question into a test you are creating, and printing sleek,
need for active police patrols, thereby saving huge expenditures “Evidence-Based Justice Reinvestment” box in Chapter 6. Visit
on personnel, vehicles, communications, and administrative ex-
penses. Cross-training, in which personnel are trained to perform
SPI on the Web at http://www.smartpolicinginitiative.com. The
NLECTC can be accessed at http://www.justnet.org.
formatted tests in a variety of layouts. Select test items from test
References: William Alden, “Newark Police Layoffs Threaten Crime-Fighting as Budget Cuts Spark Fears,” Huffington Post, February 25, 2011, http://www.huffingtonpost.com/2011/02/25/
newark-police-layoffs-budget-cuts_n_827993.html (accessed May 28, 2012); Claudia Vargas, “Camden City Council Urges Officials to Advance Plan for County Police Force,” The
banks included with TestGen for quick test creation, or write
Philadelphia Inquirer, December 28, 2011, http://articles.philly.com/2011-12-28/news/30565451_1_county-force-police-force-police-officers (accessed May 21, 2012); Joe Cordero,
Reducing the Costs of Quality Policing: Making Community Safety Cost Effective and Sustainable (The Cordero Group), http://www.njlmef.org/policy-papers/FoLG_v_3_1.pdf (ac-
cessed May 29, 2012); Charlie Beck, “Predictive Policing: What Can We Learn from Wal-Mart and Amazon about Fighting Crime in a Recession?” The Police Chief, April 2012, http://
www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1942&issue_id=112009 (accessed May 25, 2012); and JustNet, “About NLECTC,” https://
your own questions from scratch. TestGen’s random generator
provides the option to display different text or calculated num-
www.justnet.org/About_NLECTC.html (accessed May 29, 2012); James R. Coldren, Jr., Alissa Huntoon, and Michael Medaris, “Introducing Smart Policing: Foundations, Principles, and
Practice,” Police Quarterly, Vol. 16, No. 3 (2013), pp. 275–286.
Source: Pearson Education, Inc.
ber values each time questions are used.

P R E FA C E xxvii
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Acknowledgments
My thanks to all who assisted in so many different ways in the Robert Bing, University of Texas - Arlington
development of this textbook. Thanks to Lynda Cramer, Holly Michael Bisciglia, Southeastern Louisiana University
Shufeldt, Maura Barclay, and all the past and present Pearson Mkay Bonner, University of Louisiana at Monroe
staff with whom I have worked. They are true professionals and Gary Boyer, Dabney S. Lancaster CC
have made the task of manuscript development enjoyable. Gary Boyer, Sr., Dabney S. Lancaster Community College
A very special thank-you goes to Leah Jewel, Andrew Mindy Bradley, University of Arkansas
Gilfillan, and David Gesell, for their stewardship and support; Alton Braddock, University of Louisiana–Monroe
and to my editor, Gary Bauer; field marketing manager, Bob Pauline Brennan, University of Nebraska
Nisbet; and product marketing manager, Heather Taylor. Chip Burns, Texas Christian University
I’d also like to thank my supplements author, Ellen Cohn, Ronald Burns, Texas Christian University
for her support and help in preparing the Instructor’s Manual, Theodore P. Byrne, California State University–
PowerPoints, annotated instructor’s materials, and TestBank. I Dominguez Hills
am grateful, as well, to the m anuscript reviewers involved in Salih Hakan Can, Penn State University–Schuylkill
this and previous editions for holding me to the fire when I Campus
might have opted for a less rigorous coverage of some topics— W. Garret Capune, California State University–Fullerton
especially Darl Champion of Methodist College, Jim Smith at Mike Carlie, Southwest Missouri State University
West Valley College, Cassandra L. Renzi of Keiser University, Geary Chlebus, James Sprunt Community College
and Bryan J. Vila formerly of the National Institute of Justice for Steven Christiansen, Joliet Junior College
their insightful suggestions as this book got under way. Dr. Joseph Ciccone, WWCC
I thank the reviewers of the manuscript for this 15th edi- Joseph Ciccone, WWCC & CCI/Everest College
tion. They include: Jon E. Clark, Temple University
Lora C. Clark, Pitt Community College
Amin Asfari, Wake Tech Community College
Warren Clark, California State University–Bakersfield
Geriann Brandt, Moryville University
Lisa Clayton, Community College of Southern Nevada
Ivan Kaminsky, Mesa Community College
Lisa Clayton, College of Southern Nevada
Jacqueline Mullany, Triton College
Ellen G. Cohn, Florida International University
Quanda Watson Stevenson, Athens State University
Gary Colboth, California State University–Long Beach
Elizabeth Bondurant, Mercer County Community College
Kimberly Collica, Monroe College
Tomasina Cook, Erie Community College
Nadine Connell, The University of Texas at Dallas
Eugene Matthews, Park University
Tomasina Cook, Erie Community College
I also thank the following reviewers of previous editions, William Corbet, New Mexico State University
including: Catherine Cowling, Campbell University
Susan C. Craig, University of Central Florida
Howard Abadinsky, St. Johns University Fredrick Crawford, Missouri Baptist University
Stephanie Abramoske-James, Collin County Community Jannette O. Domingo, John Jay College of Criminal Justice
College Vicky Doworth, Montgomery College
Reed Adams, Elizabeth City State University Daniel P. Doyle, University of Montana
Jonathan Appel, Tiffin University Martha Earwood, University of Alabama–Birmingham
Earl Ballou, Palo Alto College Steven Egger, University of Houston–Clearlake
Earl Ballou, Jr., Palo Alto College Ron Fagan, Pepperdine University
Kevin Barrett, Palomar College Robert Franzese, University of Oklahoma
Larry Bassi, State University of New York Alan S. Frazier, Glendale Community College
(SUNY)–Brockport Harold A. Frossard, Moraine Valley Community College
Kevin Beaver, Florida State University Barry J. Garigen, Genesee Community College
Richard Becker, North Harris College S. Marlon Gayadeen, Buffalo State College
Todd Beitzel, University of Findlay Erin Grant, Washburn University
Gad Bensinger, Loyola University–Chicago Michael Gray, Wor-Wic Community College
xxviii

ACKNOWLEDGMENTS xxix
Alex Greenberg, Niagara County Community College Charles Myles, California State University–Los Angeles
Tim Griffin, St. Xavier University Bonnie Neher, Harrisburg Area Community College
Julia Hall, Drexel University David Neubauer, University of New Orleans–Lakefront
Ed Heischmidt, Rend Lake College Melanie Norwood, Southeastern Louisiana University
Gary Herwald, Central Texas College and University Ken O’Keefe, Prairie State College
of Phoenix David F. Owens, Onondaga Community College
Dennis Hoffman, University of Nebraska at Omaha Michael J. Palmiotto, Wichita State University
Michael Hooper, California Department of Justice Michael Paquette, Middlesex County College
William D. Hyatt, Western Carolina University Lance Parr, Grossmont College
Nicholas H. Irons, County College of Morris William H. Parsonage, Penn State University
Pearl Jacobs, Sacred Heart University Allison Payne, Villanova University
Galan M. Janeksela, University of Tennessee at Ken Peak, University of Nevada–Reno
Chattanooga Joseph M. Pellicciotti, Indiana University Northwest
Jeffrie Jinian, Florida Gulf Coast University Roger L. Pennel, Central Missouri State University
Steve Johnson, Eastern Arizona College Joseph L. Peterson, University of Illinois at Chicago
Terry L. Johnson, Owens Community College Morgan Peterson, Palomar College
David M. Jones, University of Wisconsin–Oshkosh Caryl Poteete, Illinois Central College
Victor Kappeler, Eastern Kentucky State University Gary Prawel, Keuka College
P. Ray Kedia, Grambling State University Mary Pyle, Tyler Junior College
David Keys, New Mexico State University Philip J. Reichel, University of Northern Colorado
Lloyd Klein, Louisiana State University–Shreveport Albert Roberts, Rutgers University
Sylvia Kuennen, Briar Cliff College Christopher Rosbough, Florida State University
Karel Kurst-Swanger, Oswego State University of New York Carl E. Russell, Scottsdale Community College
Hamid R. Kusha, Texas A&M International University Paul Sarantakos, Parkland College
Tony LaRose, University of Tampa Wayne J. Scamuffa, ITT Technical Institute
David Legere, New England College Benson Schaffer, IVAMS Arbitration and Mediation
David S. Long, St. Francis College Services
Barry Langford, Columbia College Stephen J. Schoenthaler, California State
Joan Luxenburg, University of Central Oklahoma University–Stanislaus
Michael Lyman, Columbia College Jeff Schrink, Indiana State University
Francis Marrocco, Triton College Tim Schuetzle, University of Mary
Adam Martin, South Florida Community College Scott Senjo, Weber State University
Dena Martin, Ivy Tech Community College of Indiana Bart Scroggins, Columbia College
Richard H. Martin, Elgin Community College Judith M. Sgarzi, Mount Ida College
Theresa McGuire, DeVry University Louis F. Shepard, West Georgia Technical College
David C. May, Eastern Kentucky University John Siler, Georgia Perimeter College
G. Larry Mays, New Mexico State University Ira Silverman, University of South Florida
Thomas P. McAninch, Scott Community College Loretta J. Stalans, Loyola University–Chicago
William McGovern, Sussex County Community College Domenick Stampone, Raritan Valley Community College
Susan S. McGuire, San Jacinto College North Z. G. Standing Bear, University of Colorado
Robert J. Meadows, California Lutheran University Mark A. Stetler, Montgomery College
Jim Mezhir, Niagara County Community College B. Grant Stitt, University of Nevada–Reno
Rick Michelson, Grossmont College Norma Sullivan, College of DuPage; Troy University
Daniel Moeser, East Tennessee State University Robert W. Taylor, University of North Texas
Jeffrey D. Monroe, Xavier University Lawrence F. Travis III, University of Cincinnati
Harvey Morley, California State University–Long Beach Ron Vogel, California State University–Long Beach
Jacqueline Mullany, Indiana University Northwest David Whelan, Western Carolina University

xxx ACKNOWLEDGMENTS
Dianne A. Williams, North Carolina A&T State for his assistance with sections on scientific evidence and to
University George W. Knox of the National Gang Crime Research Center
Kristin Williams, Ball State University for providing valuable information on gangs and gang activity.
Lois Wims, Salve Regina University I’d also like to acknowledge Chief J. Harper Wilson and
Francis Williams, Plymouth State University Nancy Carnes of the FBI’s Uniform Crime Reporting Program;
L. Thomas Winfree, Jr., New Mexico State University Mark Reading of the Drug Enforcement Administration’s
Stephen Wofsey, Northern Virgina Community College Office of Intelligence; Kristina Rose at the National Institute of
John M. Wyant, Illinois Central College Justice; Marilyn Marbrook and Michael Rand at the Office of
Jeffrey Zack, Fayetteville Technical Community College Justice Programs; Wilma M. Grant of the U.S. Supreme Court’s
Project Hermes; Ken Kerle at the American Jail Association;
My thanks to everyone! I would also like to extend a special
Lisa Bastian, survey statistician with the National Crime
thanks to the following individuals for their invaluable comments
Victimization Survey Program; Steve Shackelton with the U.S.
and suggestions along the way: Gordon Armstrong, Jack Brady, Avon
Parks Service; Ronald T. Allen, Steve Chaney, Bernie Homme,
Burns, Kathy Cameron-Hahn, Alex Obi Ekwuaju, Gene Evans, Joe
and Kenneth L. Whitman, all with the California Peace Officer
Graziano, Donald J. Melisi, Greg Osowski, Phil Purpura, Victor
Standards and Training Commission; Dianne Martin at the
Quiros, John Robich, Barry Schreiber, Dave Seip, Ted Skotnicki,
Drug Enforcement Administration; and George J. Davino of the
Stewart Stanfield, Bill Tafoya, Tom Thackery, Joe Trevalino, Howard
New York City Police Department for their help in making this
Tritt, Bill Tyrrell, Tim Veiders, and Bob Winslow.
book both timely and accurate.
Thanks are also due to everyone who assisted in artistic ar-
Taylor Davis, H. R. Delaney, Jannette O. Domingo, Al
rangements, including Sergeant Michael Flores of the New York
Garcia, Rodney Hennigsen, Norman G. Kittel, Robert O.
City Police Department’s Photo Unit, Michael L. Hammond of
Lampert, and Joseph M. Pellicciotti should know that their
the Everett (Washington) Police Department, Mikael Karlsson
writings, contributions, and valuable suggestions at the earliest
of Arresting Images, Assistant Chief James M. Lewis of the
stages of manuscript development continue to be very much ap-
Bakersfield (California) Police Department, Tonya Matz of
preciated. Finally, a special “thank-you” is due to my daughter,
the University of Illinois at Chicago, and Monique Smith of
Nicole, who worked with me to prepare and record the many
the National Institute of Justice—all of whom were especially
instructional videos that accompany this text.
helpful in providing a wealth of photo resources. I am especially
indebted to University of Illinois Professor Joseph L. Peterson FRANK SCHMALLEGER, PH.D.

About the Author
Frank Schmalleger, Ph.D., is St. Louis, Missouri, Schmalleger helped develop the university’s
Distinguished Professor Emeritus graduate program in security administration and loss prevention.
at the University of North He taught courses in that curriculum for more than a decade.
Carolina at Pembroke. He holds An avid Web user and website builder, Schmalleger is also the
degrees from the University of creator of a number of award-winning websites, including some
Notre Dame and The Ohio that support this textbook.
State University, having earned Frank Schmalleger is the author of numerous articles and
both a master’s (1970) and a more than 40 books, including the widely used Criminal Justice:
doctorate in sociology (1974) A Brief Introduction (Pearson, 2018), Criminology Today (Pearson,
from The Ohio State University 2019), and Criminal Law Today (Pearson, 2016).
with a special emphasis in crimi- Schmalleger is also founding editor of the journal Criminal
nology. From 1976 to 1994, he Justice Studies. He has served as editor for the Pearson series
taught criminology and criminal Criminal Justice in the Twenty-First Century and as imprint adviser for
justice courses at the University Greenwood Publishing Group’s criminal justice reference series.
of North Carolina at Pembroke. For the last 16 of those years, Schmalleger’s philosophy of both teaching and writing
he chaired the university’s Department of Sociology, Social Work, can be summed up in these words: “In order to communicate
and Criminal Justice. The university named him Distinguished knowledge we must first catch, then hold, a person’s inter-
Professor in 1991. est—be it student, colleague, or policymaker. Our writing, our
Schmalleger has taught in the online graduate program of speaking, and our teaching must be relevant to the problems
the New School for Social Research, helping build the world’s facing people today, and they must in some way help solve those
first electronic classrooms in support of distance learning on the problems.” Visit the author’s website at http://www.schmal-
Internet. As an adjunct professor with Webster University in leger.com, and follow his Tweets @schmalleger.
Justice is truth in action!

—Benjamin Disraeli (1804–1881)
Injustice anywhere is a threat to justice everywhere.
—Martin Luther King, Jr. (1929–1968)
xxxi

ENTRY INTO THE SYSTEM PROSECUTION & PRETRIAL SERVICES A DJUDICATION
ARRAIGNMENT
GRAND JURY
CRIME
911
REDUCTION
OF CHARGE
BAIL OR DETENTION HEARING INFORMATION
REPORTED & OBSERVED CRIME
INVESTIGATION PRELIMINARY HEARING
ARREST ARRAIGNMENT
INITIAL APPEARANCE
INFORMATION
UNSUCCESSFUL
DIVERSION
CHARGES FILED

ION SENTENCING & SANCTIONS PROBATION PRISON PAROLE
TRIAL
HABEAS CORPUS CAPITAL PUNISHMENT
PARDON & CLEMENCY
NT
PROBATION
UCTION
CHARGE
SENTENCIN
SENTENCING
PRISON
GUILTY PLEA
PAROLE
INTERMEDIATE SANCTIONS
TRIAL
ENT
JAIL
REVOCATION
SENTENCING
PROBATION
GUILTY PLEA
DEFENDANT DISTRICT ATTORNEY LAWYER JUDGE
LAW ENFORCEMENT CONVICT OUT OF SYSTEM


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GLOSSARY i

Criminal Justice Today

Frank Schmalleger, Ph.D.

330 Hudson Street, NY, NY 10013

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Library of Congress Cataloging-in-Publication Data

Paper Bound: ISBN 13: 978-0-13-474975-4

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PART 2 Policing 139

PART 3 Adjudication 283

PART 4 Corrections 397

PART 5 Special Issues 513

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PART ONE ■ Crime in America 1

Chapter 2 | The Crime Picture 31

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The UCR/NIBRS Program 33

Chapter 3 | The Search for Causes 72

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Cesare Lombroso: Atavism 80

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Questions for Reflection 106

Chapter 4 | Criminal Law 110

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PART TWO ■ Policing 139

Chapter 6 | Policing: Purpose and Organization 165

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Criminal Investigation 171

Chapter 7 | Policing: Legal Aspects 196

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Searches Incident to Arrest 212

Chapter 8 | Policing: Issues and Challenges 242

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Stress and Fatigue among Police Officers 258

PART THREE ■ Adjudication 283

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■ CJ | CAREERS Assistant District Attorney 300

Chapter 10 | Pretrial Activities and the Criminal Trial 320

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The Judge’s Charge to the Jury 342

Chapter 11 | Sentencing 350

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Habeas Corpus Review 376

PART FOUR ■ Corrections 397

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Mixed Sentencing and Community Service 414

Chapter 13 | Prisons and Jails 427

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■ CJ | ISSUES Who’s in Prison and Why? 447

Chapter 14 | Prison Life 472

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Violence in Women’s Prisons 486

PART FIVE ■ Special Issues 513

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Adult and Juvenile Justice Compared 525

Chapter 16 | Drugs and Crime 540

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Chapter 17 | Terrorism, Multinational Criminal Justice, and Global Issues 576