Introduction to criminal justice, how does it work?

Anonymous
timer Asked: Jul 4th, 2018
account_balance_wallet $60

Question description

Material for questions are uploaded (use provided material along with another source). DO NOT PLAGIARIZE (reference/cite in APA format) minimum 300 words each question.

1.) Which levels of government—federal, state, and local—bear most of the costs of criminal justice in the United States? What percentage of the total budget for those levels is spent on criminal justice? Should more money be spent? Why or why not? If so, in what level of government should the money be spent? Why? ( pg. 19-21)

2.) Point out major differences between Packer’s crime control and due process models. Based on your reading which model (crime control or due process) is more effective in reducing crime? Respond in detail and support your position with facts or research. (pg. 16-18)

boh11536_fm_i-xxiv.indd Page iii 8/10/11 5:03 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles INTRODUCTION TO CriminalJustice L I D D E L L , SEVENTH EDITION T I F F A N Y Robert M. Bohm University of Central Florida Keith N. Haley Tiffin University 1 5 6 8 T S TM boh11536_ch01_001-024.indd Page 1 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles part one The Foundations of Criminal Justice Chapter 1 Crime and Justice in the United States Chapter 2 L I Crime and Its Consequences Chapter 3 Explaining Crime Chapter 4 The Rule of Law D D E L L , T I F F A N Y 1 5 6 8 T S boh11536_ch01_001-024.indd Page 2 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles 1 Crime and Justice in the United States Chapter Outline Crime in the United States Criminal Justice: An Institution of Social Control Criminal Justice: The System Police Courts Corrections Criminal Justice: The Nonsystem Two Models of Criminal Justice The Crime Control Model The Due Process Model Crime Control Versus Due Process Costs of Criminal Justice L I D D E L L , After completing this chapter, you should be able to: 1. Describe how the type of crime routinely presented by the media compares with crime routinely committed. 2. Identify institutions of social control, and explain what makes criminal justice an institution of social control. 3. Summarize how the criminal justice system responds to crime. T I F F A N Y 4. Explain why criminal justice in the United States is sometimes considered a nonsystem. 5. Point out major differences between Packer’s crime control and due process models. 6. Describe the costs of criminal justice in the United States, and compare those costs among federal, state, and local governments. 7. Explain how myths about crime and criminal justice affect the criminal justice system. Myths About Crime and Criminal Justice 1 5 6 8 T S 2 Learning Objectives boh11536_ch01_001-024.indd Page 3 13/07/11 9:24 PM F-501 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States CRIME STORY B eginning in the summer of 2008, the American public has been captivated by the unfolding drama involving Orlando, Florida, toddler Caylee Marie Anthony and her mother, Casey (pictured). The story began July 15, when Cindy Anthony, Caylee’s grandmother, called the Orange County Sheriff’s Office and asked to have a deputy sent to her home, where she, her husband George, her 22-year-old daughter Casey, and her then 2-year-old granddaughter Caylee lived. Cindy wanted the deputy to arrest her daughter for stealing the family car and money. Cindy also reported a “possible missing child” and stated that the car her daughter had been driving “smelled like there’s been a dead body” in it. Cindy had last seen her granddaughter on June 15. On July 16, Casey was arrested and charged with child neglect, filing false official statements, and obstructing a criminal investigation. She told investigators that she had left Caylee with a babysitter weeks before, but the sitter had disappeared. Investigators discovered that Casey had lied about being employed and that the apartment where she claimed to have left Caylee had been vacant for 142 days. Investigators also learned that between June 18 and June 20, a neighbor saw Casey back her car into her parents’ driveway. The same neighbor reported that Casey borrowed her shovel. Casey abandoned her car June 27 in the parking lot of a checkcashing business. The car was towed on June 30. On July 17, a cadaver dog alerted investigators to the odor of released documents showing that human decomposition in the trunk of someone used the Anthony family com- Casey’s car; they also found hair similar puter in March to search the Internet for to Caylee’s, dirt, and a stain. Cindy terms such as neck-breaking, shovel, Anthony, who, with her husband George, chloroform, and household weapons. consistently maintained that Caylee was On December 11, a meter reader alive and Casey was innocent, later stat- found a child’s remains in a wet, wooded ed that the foul odor in her daughter’s area a quarter-mile from the Anthony L car “could have been a [dead] squirrel.” I On August 5, the state attorney’s office chargedD Casey with child neglect, a third-degree D felony, and filing a false statement, a misdemeanor. During the E next several weeks, check-fraud chargL es were also filed. On August 27, a sherL that air samples iff’s official revealed indicated the car , trunk once held a home. Law enforcement officers and hundreds of volunteers had spent months and thousands of hours searching for the missing child. On December 19, law enforcement authorities announced that DNA tests confirmed the remains matched Caylee’s genetic profile. On January 23, 2009, George Anthony, Caylee’s grandfather, attempted decomposing body. On September 1, suicide. In text messages to family and sheriff’s investigators announced that friends, he wrote that “he did not want laboratory evidence suggested there to live anymore and that he wanted to T I was a strong possibility that Caylee was dead. On September F 3, preliminary results from the FBI showed that chloroform, a F chemical that can put people to sleep A but also kill in large enough doses, was N of Casey’s car. found in the trunk On OctoberY 14, despite the fact that be with Caylee . . . he wanted to make sure Caylee was in God’s arms.” A trial originally was scheduled for March 2009 but was postponed until October 2009. On April 13, 2009, prosecutors announced that they would seek the death penalty for Casey. In doing so, Caylee’s body had not been found, a they reversed their decision, which was grand jury indicted Casey on charges of announced December 5, 2008, less than first-degree murder, aggravated child a week before investigators found 1 5 manslaughter of a abuse, aggravated child, and four6 counts of providing false information to law enforcement. Since 8 July 16, Casey had been in and out of T the Orange County jail on child neglect Scharges. But before the and check fraud indictment, she was free on $500,000 bail and living with her parents on court- remains of Caylee, that they would not seek the death penalty. The October 2009 trial date was postponed until June 2010. The trial finally began with jury selection on May 9, 2011. Prosecutors made their opening statements on May 24. On July 5, 2011, Casey Anthony was ordered home confinement. Following found not guilty of killing her daughter, the indictment, Casey’s release on bail Caylee. She was also found not guilty of was revoked, and she was returned to aggravated child abuse and aggravated jail. On November 26, prosecutors continued 3 boh11536_ch01_001-024.indd Page 4 7/23/11 12:26 PM user-f494 4 volumes/203/FREE070/ Part One The Foundations of Criminal Justice manslaughter of a child. She was con- new development in the case was report- example, just before Caylee’s remains victed of four counts of misleading law ed widely in the media. Googling “the were discovered, Cindy and George enforcement and, on July 7, was Anthony case” on the Internet revealed Anthony appeared in “an exclusive inter- sentenced to the maximum penalty of more than 63 million search results (as of view” on Larry King Live. The Anthony four years in prison. Because she had January 26, 2011), and hundreds of videos case was a frequent topic on CNN’s already served nearly three years in jail, about Casey Anthony have been viewed Nancy Grace, and Dateline NBC devoted she was scheduled for release on July 17. by thousands of people on YouTube. an entire episode to the case. Casey’s Among the topics examined in Comments about the case have been reg- attorney, Jose Baez, appeared on NBC’s Chapter 1 is how the media shapes ularly posted on blogs and message Today show with Matt Lauer. peoples’ understanding of crime. The boards. Popular television shows have Anthony case is a good example. Each also featured the Anthony case. For Many people were shocked by the jury’s verdict. Were you? Why or why not? L I D Crime in the United States D Every day we are confronted with reports of crime in newspapers, magazines, and radio and television E news programs. We also see crime in TV docudramas; on such popular shows as the fictional Criminal Minds, The Closer, and L franchises Law & Order and CSI; and on realityBones; on the long-running based shows such as America’s Most Wanted, Cops, and Unsolved Mysteries. L Crime shows are so popular on television they accounted for 8 of the top 20 and 4 of the top 10 ,network primetime series during the 2010–2011 FYI Crime & the Media According to a 2006 ABCNEWS.com survey, among Americans who perceive a crime problem nationally, 82% say their belief is based on crime reports they have seen in the news. Only 17% say it is based on their personal experiences. Source: Daniel Merkle, “Crime Fears Linger— Public Still Concerned Despite Improvements” (June 2006), http://abcnews.go.com/sections /politics/DailyNews/poll000607.html. season (see Table 1.1). Furthermore, in some of the other 2010–2011 top 20 series, crime was a significant storyline element. There is also truTV (formerly Court TV), which prominently features crime and justice issues. And T crime is a favorite subject of movies and novels. Unfortunately, some of us I encounter crime more directly as victims. No wonder crime is a top concern of the American public. F We should keep in mind, however, that the crimes presented by the media F than the crimes routinely committed. Consider are usually more sensational some of the top crime news stories in the United States in 2010.1 A • In March 2010, nine students were charged in connection with the sysN tematic bullying of 15-year-old Phoebe Prince, a Massachusetts girl who killed herself after being Y raped and tormented for months. The charges against six of the teenagers, four girls and two boys, included statutory rape, assault, violation of civil rights resulting in injury, criminal harassment, disturbance of a 1 school assembly, and stalking. Three younger female defendants faced delinquency charges. Prosecutors said Prince was 5 stalked and harassed “unrelentingly” from September until she committed suicide January 14. She had recently moved from Ireland to South Hadley 6 and was the “new girl” at school. • In May 2010, Pro Football 8 Hall of Fame member Lawrence Taylor was arrested after police said he raped a 16-year-old runaway who was brought to his RocklandTCounty, New York, hotel room by a pimp. Taylor, a former New York Giants S linebacker known to the world as L.T., was charged with third-degree rape and patronizing a prostitute. In January 2011, Taylor pleaded guilty to two misdemeanors—sexual misconduct and soliciting a prostitute. The deal will require Taylor to register as a sex offender. Taylor is also expected to be sentenced to six years’ probation. He faced four years in prison under the original charges. • In June 2010, a Nevada jury sentenced 28-year-old serial rapist James Biela to death for the rape and murder of 19-year-old Brianna Denison. The jury deliberated about nine hours before voting unanimously to sentence Biela to death by lethal injection for the 2008 abduction and murder of the college student. boh11536_ch01_001-024.indd Page 5 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States Table 1.1 TV Ratings for Network Primetime: 2010–2011 Season-toDate (Through 1/16/11), by Viewers Rank Program Name Viewers 1 Sunday Night Football 21,430,000 2 Dancing with the Stars 21,374,000 3 NCIS* 19,769,000 4 Dancing w/Stars Results 18,736,000 5 NCIS: Los Angeles* 16,945,000 6 Sunday Night NFL Pre-Kick 15,942,000 7 The Mentalist* 15,187,000 8 Criminal Minds* 14,895,000 9 Two and a Half Men 10 60 Minutes 11 CSI* 12 The Big Bang Theory 13 Survivor: Nicaragua 14 Desperate Housewives 15 Grey’s Anatomy 16 Hawaii Five-0* 17 The Good Wife* 18 Undercover Boss 12,866,000 19 Modern Family 12,520,000 20 Blue Bloods* L I D D E L L , 14,693,000 14,457,000 13,978,000 13,828,000 13,611,000 13,202,000 13,037,000 13,018,000 12,932,000 T 12,390,000 I Note: * 5 crime-related program F Source: Nielsen Media Research, Inc., accessed January 20, 2011, www.zap2it.com/tv/ratings/zap-season-ratings,0,1937498 F .htmlstory. A N • Also in June 2010, Dutch national Joran van der Sloot was imprisoned to await his trial after being officially charged with Y the first-degree murder and robbery of Stephany Flores, a 21-year-old Peruvian woman. Van der Sloot tearfully confessed to killing Flores after 10 hours of questioning by police. He had been in Lima, Peru, 1 to participate in a poker tournament. He fled to Chile but was arrested and returned to Peru to face the murder charge. Van der Sloot is5the primary suspect in the disappearance of Alabama teen Natalee Holloway in Aruba May 30, 6 2005. Although van der Sloot was arrested twice in the Holloway case, no charges were ever filed against him in that case. 8 However, in June 2010, he was indicted by a federal grand jury in the United States for T his attempt to sell wire fraud and extortion charges in connection with information about the location of Natalee Holloway’s S remains in exchange for $250,000. He told a newspaper in the Netherlands that he extorted the money to get back at the Holloways for making his life miserable for five years. • In July 2010, movie director and confessed sex offender Roman Polanski was released from house arrest after Swiss officials decided not to extradite him to the United States to face sentencing for having sex with a 13-year-old girl in 1978. The Academy Award–winning director had been detained at his Swiss chalet since his arrest in September 2009. • In October 2010, a North Florida jury took less than five hours to convict Patrick Leonard Gonzales Jr. of killing Byrd and Melanie Billings during a 5 boh11536_ch01_001-024.indd Page 6 09/06/11 9:35 PM user-f494 6 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice L I Crinimal cases involving Lawrence Taylor, Roman Polanski, and Steven HayesD were among the top crime news stories of 2010. What factors made these crimes so sensational? D E home invasion robberyLJuly 9, 2009. The next day, the same jury quickly Online voted to recommend the L death penalty. Gonzales was one of several men who invaded the Billings’ home dressed as ninjas. Byrd and Melanie Crime in the News Billings were a wealthy, Florida couple known for adopting children with You can read more about past and pre- CJ sent crime news stories by visiting the CRIMEBLOG website at www.crimeblog .com/news. Does this website provide a balanced picture of crime in the United State, or does it primarily provide sensational news coverage? Table 1.2 Distribution of Calls for Police Service Police Calls Disturbance Alarm On view* Suspicious person, package, or vehicle Auto accident Burglary Theft Assault Traffic Criminal mischief Trespasser/prowler Illegal parking complaint Auto theft Discharge firearm Recover stolen vehicle Narcotics complaint special needs. Video surveillance cameras set up to help them monitor their 14 children captured their murders. Nine of their children were home at the time. T • After deliberating more than three days in November 2010, a Connecticut I death penalty on Steven Hayes, who was conjury voted to impose the victed of killing a woman F and her two daughters during a home invasion robbery. On July 24, 2007, the quiet Connecticut town of Cheshire was shocked F by the brutal home invasion that left a house in flames, a wife, Jennifer Hawke-Petit, and her two daughters, A Hayley, 17, and Michaela, 11, dead, and a bloody and battered N father, Dr. William Petit, in the hospital. Percentage 17.5 15.5 12.1 6.3 6.1 4.9 3.9 3.2 2.2 2.0 1.8 1.8 1.6 1.1 1.1 1.0 Note: These figures represent calls for police service to the Houston, Texas, Police Department during January 2006. There were a total of 109,370 police calls. *Officer on patrol actually sees accident. Some Y of these crime stories are likely to remain top news stories for 2011 and beyond. Furthermore, the fight against domestic terrorism occasioned by the tragedies of September 11, 2001,1is likely to remain newsworthy for the foreseeable future. However, taken together, these sensational crime news stories do5 not provide a very accurate image of the types of crime by which the average citizen is victimized. Nor do such 6 stories accurately depict the kinds of crime the police respond to on a daily 8 basis. To provide a more accurate idea of the kinds of crimes T more typically committed, we reviewed a list of calls for police service in Houston, Texas, for the month of January S 2006.2 There were 109,370 calls for police service during the period selected. A close examination of the list of police calls (see Table 1.2) reveals that the most frequent type of call for service in Houston involves disturbances (for example, domestic quarrels, neighbor or landlord-tenant squabbles, gang altercations, bar or street fights, or even loud music or a dog barking). This type of call accounted for 17.5% of the total. As shown in previous editions of this book, disturbance calls also accounted for the largest number of calls for police service in the Rampart Precinct of boh11536_ch01_001-024.indd Page 7 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States L I D As shown in Table 1.2, Houston police respond to disturbance calls more often than any other D type of call for service. To what types of disturbances should the police respond and not respond? E L Los Angeles from mid-March through mid-April 1997, L and in Chicago in June 2000. Other calls for service in Houston ranged from burglar alarms , (6.3%); from auto acci(15.5%) to suspicious persons, packages, or vehicles dents (6.1%) to burglaries (4.9%); and from thefts (3.9%) to assaults (3.2%). The calls for police service listed in Table 1.2 represent only those that T were 127 categories accounted for at least 1% of the total calls. In all, there of calls for police service. Some crimes had multiple categories. For examI ple, burglary was divided into 11 categories. There were also serious crimes or potential crimes not included in the list (becauseFthey accounted for less than 1% of the total calls): 977 robbery calls, 148 death investigation calls, F also called to assist 34 kidnapping calls, and 17 arson calls. Police are motorists and to provide escorts for funeral processions—to name just two A additional services. Police services and responsibilities are discussed furN ther in Chapter 6. Here it is important to observe that the calls police Y routinely respond to rarely involve the sensational crimes reported by the media. In many cases, they do not involve crimes at all. Critics argue that the news media have a dual obligation to (1) present news that reflects a more balanced picture of 1 the overall crime problem and (2) reduce their presentation of sensational crimes, especially when such crimes are shown not 5 so much to inform as to pander to the public’s curiosity and its simultaneous attraction and 6 problem, however, is repulsion to heinous crimes. The more fundamental that the public’s conception of crime is to a large 8 extent shaped by the media, and what the media present, for the most part, misleads the public T about the nature of crime. S THINKING CRITICALLY 1. Do you think the news media are obligated to present a balanced picture of the overall crime problem and reduce their presentation of sensational crimes? Why or why not? 2. How much do you think the media influences the public conception of crime? How do you think the media select crime stories on which to focus? 3. In what ways is crime entertainment? 7 boh11536_ch01_001-024.indd Page 8 09/06/11 9:35 PM user-f494 8 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice Criminal Justice: An Institution of Social Control institution of social control An organization that persuades people, through subtle and not-so-subtle means, to abide by the dominant values of society. FYI Confidence in the Criminal Justice System In a 2010 public opinion poll, 27% of Americans responded they had a “great deal” or “quite a lot” of confidence in the criminal justice system, 44% had “some” confidence, 24% had “very little” confidence, 3% had no (“none”) confidence, and 2% had no opinion. Source: Sourcebook of Criminal Justice Statistics Online, accessed January 24, 2011, www. albany .edu/sourcebook/pdf/t2112010.pdf. In the United States, there are a variety of responses to crime. When a child commits a criminal act, even if that act does not come to the attention of the police, parents or school authorities nevertheless may punish the child for the offense (if they find out about it). Attempts to prevent crime by installing burglar alarms in automobiles and homes are other ways of responding to crime. Throughout this book, we focus on the criminal justice response to crime. Like the family, schools, organized religion, the media, and the law, criminal justice is an institution of social control in the United States. A primary role of such institutions is to persuade people, through subtle and not-so-subtle means, to abide by the dominant values of society. Subtle means of persuasion include gossip and peer L pressure, whereas expulsion and incarceration are examples of not-so-subtle means. I control, criminal justice differs from the others As an institution of social in two important ways. First, D the role of criminal justice is restricted officially to persuading people to abide by a limited range of social values whose violaD although courteous behavior is desired of all tion constitutes crime. Thus, citizens, rude behavior is of no official concern to criminal justice unless it E violates the criminal law. Dealing with noncriminal rude behavior is primarily the responsibility of the family. Second, criminal justice is generally society’s L “last line of defense” against people who refuse to abide by dominant social LUsually, society turns to criminal justice only after values and commit crimes. other institutions of social, control have failed. THINKING CRITICALLY T 1. Given what you know about Icrime in the United States, do you think that the criminal justice system is a strong institution of social control? Why? F 2. Do you think that other institutions such as the family, schools, and organized religion F are better institutions of social control than the criminal justice system? If so, which ones? Why? A N Y Criminal Justice: The System jurisdiction A politically defined geographical area. misdemeanors Less serious crimes generally punishable by a fine or by incarceration in jail for not more than 1 year. felonies Serious offenses punishable by confinement in prison for more than 1 year or by death. Criminal justice in the United States is administered by a loose confederation 1 of federal, state, and local governments. Those of more than 50,000 agencies agencies consist of the police, 5 the courts, and corrections. Together they are commonly referred to as the criminal justice system. Although there are dif6 ferences in the ways the criminal justice system operates in different jurisdictions, there are also similarities. The term jurisdiction, as used here, means 8 a politically defined geographical area (for example, a city, a county, a state, or a nation). T The following paragraphs provide a brief overview of a typical criminal S behavior. Figure 1.1 is a graphic representation of justice response to criminal the process. It includes the variations for petty offenses, misdemeanors (less serious crimes), felonies (serious crimes), and juvenile offenses. Later chapters of this book provide a more detailed examination of the criminal justice response to crime and delinquency. POLICE The criminal justice response to crime begins when a crime is reported to the police or, far less often, when the police themselves discover that a crime has boh11536_ch01_001-024.indd Page 9 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States L I D D E L Getting fingerprints is generally a part of the booking into jail process. Pictured here is an L Livescan Finger Machine.” inmate being fingerprinted with a technologically advanced “Printrat Why are inmates fingerprinted? , T victim or a witness been committed. Sometimes solving the crime is easy—the knows the perpetrator or where to find him or her. Often, an arrest supported by witness statements and crime scene evidence is Isufficient to close a case, especially with a less serious crime. More often, though, F the police must conduct an in-depth investigation to determine what happened in a particular F or a cooperative victim crime. Even when the police start with a known crime or witness, the investigation can be lengthy and diffiA cult. If police investigation of the crime is successful, a suspect is arrested. An N authority. After an arrest is the seizing and detaining of a person by lawful arrest has been made, the suspect is brought to the police station to be booked. Y Booking is the administrative recording of the arrest. It typically involves entering the suspect’s name, the charge, and perhaps the suspect’s fingerprints and/ or photograph in the police blotter. 1 5 COURTS 6 Soon after a suspect has been arrested and booked, a prosecutor reviews the facts of the case and the available evidence. 8 Sometimes a prosecutor reviews the case before arrest. The prosecutor decides T whether to charge the suspect with a crime or crimes. If no charges are filed, the suspect must S be released. Pretrial Stages After the charge or charges have been filed, the suspect, who is now the defendant, is brought before a lower-court judge for an initial appearance. At the initial appearance, the defendant is given formal notice of the charge or charges against him or her and advised of his or her constitutional rights (for example, the right to counsel). In the case of a misdemeanor or an ordinance violation, a summary trial (an immediate trial without a jury) may be held. In the case of a felony, a hearing is held to determine whether the defendant should be released or whether there is probable cause to hold the defendant arrest The seizing and detaining of a person by lawful authority. booking The administrative recording of an arrest. Typically, the suspect’s name, the charge, and perhaps the suspect’s fingerprints or photograph are entered in the police blotter. defendant A person against whom a legal action is brought, a warrant is issued, or an indictment is found. initial appearance A pretrial stage in which a defendant is brought before a lower court to be given notice of the charge(s) and advised of her or his constitutional rights. summary trial An immediate trial without a jury. 9 boh11536_ch01_001-024.indd Page 10 09/06/11 9:35 PM user-f494 10 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice Figure 1.1 Overview of the Criminal Justice System Entry into the System Prosecution and Pretrial Procedures Felonies Out of system Unsolved or not arrested Crime reported to or discovered by police Investigation Released without prosecution Arrest Out of system Out of system Out of system Released without prosecution L Charge dropped I or D dismissed Charge dropped or dismissed Refusal to indict Preliminary hearing Out of system Booking D E Initial appearance L L , T I F F Petty A offenses N Y Juvenile offenses Information Grand jury Bail or detention Misdemeanors Out of system Information Out of system or station 1 Release Released adjustment 5 Intake Petition to 6Police juvenile unit hearing court 8 T Nonpolice Nonadjudicatory referrals disposition S boh11536_ch01_001-024.indd Page 11 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States Judicial Procedures Out of system Charge dismissed Out of system Acquitted Arraignment Trial Sentencing and Corrections Out of system Probation Sentencing Revocation Pardon and clemency Capital punishment Penitentiary L Guilty plea I Reduction of charge Appeal Out of system Out of system Charge dismissed Acquitted Arraignment Trial HabeasD corpus D E L L , Sentencing Fine Guilty plea Out of system Probation Released Adjudicatory hearing Disposition Parole Revocation Probation T Revocation I F F ANonpayment N Y 1Revocation 5 Juvenile 6 institution 8 T Parole S Revocation Out of system Jail Out of system 11 boh11536_ch01_001-024.indd Page 12 09/06/11 9:35 PM user-f494 12 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice L I D D E Arrestees can spend up to 48 hours L or more in a jail holding cell before a judge decides whether an arrest was justified. What problems could occur as a result of this practice? L , probable cause A standard of proof that requires evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified. bail Usually a monetary guarantee deposited with the court to ensure that suspects or defendants will appear at a later stage in the criminal justice process. preliminary hearing In a felony case, a pretrial stage at which a judge determines whether there is probable cause. grand jury A group of citizens who meet to investigate charges coming from preliminary hearings. information A document that outlines the formal charge(s) against a suspect, the law(s) that have been violated, and the evidence to support the charge(s). arraignment A pretrial stage to hear the information or indictment and to allow a plea. plea bargaining The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed-on charge or charges instead of going to trial. for a preliminary hearing. Probable cause is a standard of proof that requires trustworthy evidence sufficient to make a reasonable person believe that, more T likely than not, the proposed action is justified. If the suspect is to be held for a preliminary hearing, bail isI set if the judge believes release on bail is appropriate. Bail, usually a monetary guarantee deposited with the court, is meant to ensure F at a later stage in the criminal justice process. In that the defendant will appear states that do not utilize preliminary hearings, an arraignment date is scheduled F at the initial appearance. A a preliminary hearing follows the initial appearIn about half of all states, ance. Preliminary hearings are used only in felony cases. The purpose of the N preliminary hearing is for a judge to determine whether there is probable cause to believe that theY defendant committed the crime or crimes with which he or she is charged. If the judge finds probable cause, the defendant is bound over for possible indictment in a state with grand juries or for arraignment on a document 1 called an information (see below) in a state without grand juries. 5 in felony prosecutions in about half the states. A Grand juries are involved grand jury is a group of citizens who meet in closed sessions for a specified 6 period to investigate charges coming from preliminary hearings and to fulfill other responsibilities. Thus, 8 a primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes with which theTprosecutor has charged the person. The grand jury can either indict a suspectSor issue a “true bill,” or fail to indict a suspect or “issue no bill.” If the grand jury fails to indict or issues no bill, the prosecution must be dropped. In states that do not use grand juries, prosecutors charge defendants with a document called an information. An information outlines the formal charge or charges, the law or laws that have been violated, and the evidence to support the charge or charges. Once an indictment or information is filed with the trial court, the defendant is scheduled for arraignment. The primary purpose of arraignment is to hear the formal information or indictment and to allow the defendant to enter a plea. About 95% of criminal defendants plead guilty to the charges against them in an arrangement called plea bargaining. Plea bargaining is boh11536_ch01_001-024.indd Page 13 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States 13 the practice whereby the prosecutor, the defense attorney, the defendant, and, in many jurisdictions, the judge agree on a specific sentence to be imposed if the accused pleads guilty to an agreed-on charge or charges instead of going to trial. Trial If a defendant pleads not guilty or not guilty by reason of insanity, a trial date is set. Although all criminal defendants have a constitutional right to a trial (when imprisonment for 6 months or more is a possible outcome), only about 5% of all criminal cases are disposed of by trial. Approximately 2% of criminal cases involve jury trials. The remaining cases that are not resolved through plea bargaining are decided by a judge in a bench trial (without a jury). Thus, approximately 95% of all criminal cases are resolved through plea bargaining, about 2% through jury trials, and about 3% through bench trials. (See Figure 1.2.) In most jurisdictions, the choice between a jury trial and a bench trial is the defendant’s to make. If the judge or the jury finds the defendant guilty L as charged, the judge begins to consider a sentence. In some jurisdictions the jury participates to I of jury participation varying degrees in the sentencing process. The degree depends on the jurisdiction and the crime. If the judge D or jury finds the defendant not guilty, the defendant is released from the jurisdiction of the court and D becomes a free person. E L Corrections L Judges cannot impose just any sentence. There are ,many factors that restrict sentencing decisions. The U.S. Constitution’s eighth amendment prohibiting cruel and unusual punishments and various statutory provisions limit judges. Judges are guided by prevailing philosophical rationales, by organizational conT siderations, and by presentence investigation reports. They are also influenced by their own personal characteristics. Presentence Iinvestigation reports are used in the federal system and in the majority of states to help judges deterF mine appropriate sentences. Currently, five general types of punishment are inFuse in the United States: fines, probation, intermediate punishments, imprisonment, and death. IntermeA but less restrictive and diate punishments are more restrictive than probation less costly than imprisonment. Probation is a sentence in which the offender N is retained in the community under the supervision of a probation agency rather than being incarcerated. Probation is the most Y frequently imposed criminal sentence in the United States. As long as a judge imposes one or a combination of the five punishments and the sentence length and type are within statutory limits, the judge is free to set any sentence.1 Defendants who are found guilty can appeal their convictions either on legal 5 legal grounds include grounds or on constitutional grounds. Examples of defects in jury selection, improper admission of evidence at trial, and mistaken 6 interpretations of law. Constitutional grounds include illegal search and seizure, improper questioning of the defendant by the police, 8 identification of the defendant through a defective police lineup, and incompetent assistance of T counsel. The appellate court can affirm the verdict of the lower S court and let it stand; modify the verdict of the lower court without totally reversing it; reverse the verdict of the lower court, which requires no further court action; or reverse the decision and remand, or return, the case to the court of original jurisdiction for either a retrial or resentencing. A defendant sentenced to prison may be eligible for parole (in those jurisdictions that grant parole) after serving a portion of his or her sentence. Parole is the conditional release of prisoners before they have served their full sentences. Generally, the decision to grant parole is made by a parole board. Once offenders have served their sentences, they are released from criminal justice authority. bench trial A trial before a judge with- out a jury. Figure 1.2 Criminal Case Dispositions Bench Trial 3% Jury Trial 2% Plea Bargain 95% probation A sentence in which the of- fender, rather than being incarcerated, is retained in the community under the supervision of a probation agency. parole The conditional release of prisoners before they have served their full sentences. boh11536_ch01_001-024.indd Page 14 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles CAREERS IN CRIMINAL JUSTICE Law Enforcement/Security BATF Agent Border Patrol Agent Campus Police Officer Crime Prevention Specialist Criminal Investigator Criminal Profiler Customs Officer Deputy Sheriff Deputy U.S. Marshal Drug Enforcement Officer Environmental Protection Agent FBI Special Agent Federal Agency Investigator Fingerprint Technician Forensic Scientist Highway Patrol Officer INS Officer Insurance Fraud Investigator Laboratory Technician Loss Prevention Officer Military Police Officer Park Ranger Police Administrator Police Dispatcher Police Officer Polygraph Examiner Postal Inspector Private Investigator Secret Service Agent State Trooper Teaching/Research Agency Researcher Community College, College, or University Lecturer or Professor Courts/Legal Arbitrator Attorney General Bailiff Clerk of Court Court Reporter District Attorney Judge Jury Assignment Commissioner Jury Coordinator Juvenile Magistrate Law Clerk Law Librarian Legal Researcher Mediator Paralegal Public Defender Public Information Officer Trial Court Administrator Victim Advocate Corrections/Rehabilitation Activity Therapy Administrator Business Manager Case Manager Chaplain Chemical Dependency Manager L Child Care Worker I Children’s Services Counselor Dcation Officer Classifi Client Service Coordinator D Clinical Social Worker E Liaison Officer Community Correctional Officer L Dietary Officer DrugL Court Coordinator Field,Administrator Fugitive Apprehension Officer Home Detention Supervisor Human T Services Counselor Job Placement Officer Juvenile Detention Officer Juvenile Probation Officer Mental Health Clinician Parole/Probation Officer Presentence Investigator Prison Industries Superintendent Program Officer/Specialist Programmer/Analyst Psychologist Recreation Coordinator Rehabilitation Counselor Researcher Residence Supervisor Sex Offender Therapist Social Worker Statistician Substance Abuse Counselor Teacher Vocational Instructor Warden or Superintendent Youth Service Worker/ Coordinator Youth Supervisor I F F THINKING CRITICALLY A 1. Do you think the criminal justice system “works” in the United States? Why or why not? N 2. What improvements do you think should be made to the criminal justice system? Y 3. Do you think judges should be limited in the sentences they are allowed to impose? Why or why not? 1 5 Criminal Justice: 6 The Nonsystem As noted earlier, the many 8 police, court, and corrections agencies of the federal, state, and local governments, taken together, are commonly referred to T However, the depiction of criminal justice—or, as the criminal justice system. more specifically, of the interrelationships and inner workings of its various S components—as a “system” may be inappropriate and misleading for at least two reasons. First, there is no single “criminal justice system” in the United States. Rather, as noted earlier, there is a loose confederation of many independent criminal justice agencies at all levels of government. This loose confederation is spread throughout the country with different, sometimes overlapping, jurisdictions. Although there are some similarities among many of those agencies, there are also significant differences. The only requirement they all share, a requirement that is the basis for their similarities, is that they follow procedures permitted by the U.S. Constitution. 14 boh11536_ch01_001-024.indd Page 15 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States Second, if a system is thought of as a smoothly operating set of arrangements and institutions directed toward the achievement of common goals, one is hard-pressed to call the operation of criminal justice in the United States a system. Instead, because there is considerable conflict and confusion among different agencies of criminal justice, a more accurate representation may be that of a criminal justice “nonsystem.” For example, police commonly complain that criminal offenders who have been arrested after weeks or months of time-consuming and costly investigation are not prosecuted or are not prosecuted vigorously enough. Police often maintain that prosecutors are not working with them or are making their jobs more difficult than necessary. Prosecutors, however, often gripe about shoddy police work. Sometimes, they say, they are unable to prosecute a crime because of procedural errors committed by the police during the investigation or the arrest. Even when a criminal offender is prosecuted, convicted, and sentenced to prison, police often argue that the sentence is not L severe enough to fit the seriousness of the crime, or they complain when the offender is released from I prison after serving only a portion of his or her sentence. In such situations, police frequently argue that the courts or the correctional agencies are underD mining their efforts by putting criminals back on the streets too soon. Conflicts between the courts and corrections sometimes D occur when judges continue to impose prison sentences on criminal offenders, especially so-called E prisons are under court petty offenders, even though the judges know that the orders to reduce overcrowding. L In addition, there is a mostly separate process for juvenile offenders. CrimL jobs were made more inal justice officials frequently complained that their difficult because of the practice, which used to be ,common in many states, of sealing juvenile court records. That practice withheld juvenile court records from the police, prosecutors, and judges even though the records may have been relevant and helpful in making arrests, prosecuting criminal cases, and T determining appropriate sentences. Today, formerly confidential juvenile court records are made available to a wide variety Iof individuals, including prosecutors, law enforcement officers, social service personnel, school authorF necessarily unlimited ities, victims, and the public. However, access is not or automatic. Access still may be restricted to certain F parts of the record and may require a court order.3 A rationale for concealing juvenile court records A offenders as delinis to prevent, as much as possible, the labeling of juvenile quents, which could make them delinquents. (Labeling theory is discussed N in Chapter 3.) In short, rather than operating together as a system, Y agencies of criminal justice in the United States generally operate independently of one another, each agency often causing problems for the others. Such conflicts may not be entirely undesirable, however, since they occur in a context of checks and bal1 ances by which the courts ensure that the law is enforced according to consti5 tutional principles. 6 8 THINKING CRITICALLY T 1. What do you think are some of the positive aspects of having a criminal justice nonsystem? S justice nonsystem? 2. What do you think are some of the disadvantages of having a criminal Two Models of Criminal Justice In his influential 1968 book entitled The Limits of the Criminal Sanction, legal scholar Herbert Packer describes the criminal justice process in the United States as the outcome of competition between two value systems.4 Those two value systems, which represent two ends of a value continuum, 15 system A smoothly operating set of arrangements and institutions directed toward the achievement of common goals. MYTH The agencies that administer criminal justice in the United States form a unified system: the criminal justice system. FAC T There is no single “criminal justice system” in the United States. Instead, there is a loose confederation of many independent criminal justice agencies at all levels of government. Moreover, instead of operating together as a system, agencies of criminal justice in the United States interact but generally operate independently of one another, each agency often causing problems for the others. boh11536_ch01_001-024.indd Page 16 09/06/11 9:35 PM user-f494 16 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice Figure 1.3 Two Models of the Criminal Justice Process Due Process Model Traditional liberal values crime control model One of Packer’s two models of the criminal justice process. Politically, it reflects traditional conservative values. In this model, the control of criminal behavior is the most important function of criminal justice. due process model One of Packer’s two models of the criminal justice process. Politically, it embodies traditional liberal values. In this model, the principal goal of criminal justice is at least as much to protect the innocent as it is to convict the guilty. Crime Control Model Traditional conservative values are the basis for two models L of the operation of criminal justice—the crime control model and the due process model; Figure 1.3 depicts this continI uum. From a political standpoint, the crime control model reflects traditional conservative values, while the due process model embodies traditional D liberal values.5 Consequently, when politically conservative values are dominant in society, as they D have been for many of the past 30 years, the principles and policies of the crime control model seem to dominate the E operation of criminal justice. During more politically liberal periods, such as the 1960s and 1970s, L and perhaps under the Obama administration, the principles and policies of the due process model seem to dominate criminal L justice activity. The models are ideal ,types, neither of which corresponds exactly to the actual day-to-day practice of criminal justice. Rather, they both provide a convenient way to understand and discuss the operation of criminal justice in the United States. In practice, the criminal justice process represents a series of T conflicts and compromises between the value systems of the two models. In the following sections, weI describe Packer’s two models in detail. F THE CRIME CONTROLFMODEL A the control of criminal behavior is by far the most In the crime control model, important function of criminal justice. Although the means by which crime is N controlled are important in this view (illegal means are not advocated), they are less important than the Yultimate goal of control. Consequently, the primary focus of this model is on the efficiency of the criminal justice process. Advocates of the crime control model want to make the process more efficient—to move cases through the process as quickly as possible and to bring them to a 1 close. Packer characterizes the crime control model as “assembly-line justice.” 5 6 To achieve “quick closure” in the processing Bohm has called it “McJustice.” of cases, a premium is placed on speed and finality. Speed requires that cases 6 be handled informally and uniformly; finality depends on minimizing occasions for challenge, that is, 8 appeals. To appreciate the assembly-line or McJustice metaphors used by Packer and Bohm and to understand T how treating cases uniformly speeds up the process and makes it more efficient, S consider the way that McDonald’s sells billions of hamburgers. When you order a Big Mac from McDonald’s, you know exactly what you are going to get. All Big Macs are the same because they are made uniformly. Moreover, you can get a Big Mac in a matter of seconds most of the time. However, what happens when you order something different or something not already prepared, such as a hamburger with ketchup only? Your order is taken, and you are asked to stand to the side because your special order will take a few minutes. Your special order has slowed down the assembly line and reduced efficiency. This happens in criminal justice, too! If defendants ask for something special, such as a trial, the assembly line is slowed and efficiency is reduced. boh11536_ch01_001-024.indd Page 17 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States 17 As described in Chapter 8, The Administration of Justice, even when criminal justice is operating at its best, it is a slow process. The time from arrest to final case disposition can typically be measured in weeks or months. If defendants opt for a jury trial, which is their right in most felony cases, the cases are handled formally and are treated as unique; no two cases are the same in their circumstances or in the way they are handled. If defendants are not satisfied with the outcome of their trials, then they have the right to appeal. Appeals may delay by years the final resolution of cases. To increase efficiency—meaning speed and finality— crime control advocates prefer plea bargaining. As described previously and as you will see in Chapter 8, plea bargaining is an informal process that is used L instead of trial. Plea bargains can be offered and I accepted in a relatively short time. Also, cases are handled uniformly because the mechanics of a plea bargain D are basically the same; only the substance of the deal differs. In addition, with successful plea bargains, there D is no opportunity for challenge; there are no appeals. Thus, plea bargaining is the perfect mechanism Efor achieving the primary focus of the crime control model: L Gary Ridgway, the so-called Green River Killer, was allowed to efficiency. L plead guilty to 48 counts of murder in exchange for helping The key to the operation of the crime control model authorities find some of his victims’ remains. The plea bargain is “a presumption of guilt.” In other words, advocates , allowed him to escape the death penalty. He was sentenced to 48 of this model assume that if the police have expended consecutive life sentences without parole instead. Was the plea the time and effort to arrest a suspect and the prosecubargain in this case justified? Why or why not? tor has formally charged the suspect with a crime, then T the suspect must be guilty. Why else would police arrest and prosecutors charge? Although the answers I to that question are many (see the discussions in Chapters 7 and 8 of the extralegal factors that influence police and prosecutorial behavior), the F fact remains that a presumption of guilt is accurate most of the time. ThatFis, most people who are arrested and charged with a crime or crimes are, in fact, guilty. A problem— A that a presumption but not a significant one for crime control advocates—is of guilt is not accurate all the time; miscarriages of justice do occur (see the N discussion in Chapter 4, The Rule of Law). An equally important problem is that a presumption of guilt goes against one of the Y oldest and most cherished principles of American criminal justice—that a person is considered innocent until proven guilty. Reduced to its barest essentials and operating at1its highest level of efficiency, the crime control model consists of an administrative fact-finding 5 process with two possible outcomes: a suspect’s exoneration or the suspect’s guilty plea. 6 8 THE DUE PROCESS MODEL T Advocates of the due process model, by contrast, reject Sthe informal fact-finding process as definitive of factual guilt. They insist instead on formal, adjudicative fact-finding processes in which cases against suspects are heard publicly by impartial trial courts. In the due process model, moreover, the factual guilt of suspects is not determined until the suspects have had a full opportunity to discredit the charges against them. For those reasons, Packer characterizes the due process model as “obstacle-course justice.” What motivates this careful and deliberate approach to the administration of justice is the realization that human beings sometimes make mistakes. The police sometimes arrest the wrong person, and prosecutors sometimes charge the wrong person. Thus, contrary to the crime control model, the demand for boh11536_ch01_001-024.indd Page 18 09/06/11 9:35 PM user-f494 18 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice doctrine of legal guilt The principle that people are not to be held guilty of crimes merely on a showing, based on reliable evidence, that in all probability they did in fact do what they are accused of doing. Legal guilt results only when factual guilt is determined in a procedurally regular fashion, as in a criminal trial, and when the procedural rules designed to protect suspects and defendants and to safeguard the integrity of the process are employed. finality is low in the due process model, and the goal is at least as much to protect the innocent as it is to convict the guilty. Indeed, for due process model advocates, it is better to let a guilty person go free than it is to wrongly convict and punish an innocent person. The due process model is based on the doctrine of legal guilt and the presumption of innocence. According to the doctrine of legal guilt, people are not to be held guilty of crimes merely on a showing, based on reliable evidence, that in all probability they did in fact do what they are accused of doing. In other words, it is not enough that people are factually guilty in the due process model; they must also be legally guilty. Legal guilt results only when factual guilt is determined in a procedurally regular fashion, as in a criminal trial, and when the procedural rules, or due process rights, designed to protect suspects and defendants and to safeguard the integrity of the process are employed. The conditions of legal guilt—that is, procedural, or due process, rights—are described in Chapter 4. They include: • • • • • • • • • • L searches and seizures. Freedom from unreasonable Protection against double I jeopardy. Protection against compelled self-incrimination. D A speedy and public trial. An impartial jury of the Dstate and district where the crime occurred. Notice of the nature and cause of the accusation. E The right to confront opposing witnesses. Compulsory process for obtaining favorable witnesses. L The right to counsel. The prohibition of cruel L and unusual punishment. In short, in the due process , model, factual guilt is not enough. For people to be found guilty of crimes, they must be found both factually and legally guilty. Due process advocatesT champion this obstacle-course model of justice because they are skeptical about the ideal of equality on which U.S. criminal I They recognize that there can be no equal justice justice is supposedly based. where the kind of trial a person gets, or whether he or she gets a trial at all, F depends substantially on how much money that person has. It is assumed that in an adversarial system of Fjustice (as described in Chapter 8 and employed in the United States), an effective defense is largely a function of the resources that can be mustered on A behalf of the accused. It is also assumed that there are gross inequalities in the Nfinancial means of criminal defendants. Most criminal defendants are indigent or poor, and because of their indigence, they are Y defense. Although procedural safeguards, or confrequently denied an effective ditions of legal guilt, cannot by themselves correct the inequity in resources, they do provide indigent defendants, at least theoretically, with a better chance 1 receive without them. for justice than they would Fundamentally, the due process model defends the ideal of personal free5 model rests on the assumption that preventing dom and its protection. The tyranny by the government 6 and its agents is the most important function of the criminal justice process. 8 T CRIME CONTROL VERSUS DUE PROCESS S As noted earlier, which of the models dominates criminal justice policy in the United States at any particular time depends on the political climate. Until the election of Barack Obama, the United States was in the midst of a prolonged period—beginning in the mid-1970s—in which politically conservative values have dominated the practice of criminal and juvenile justice. Thus, it should come as no surprise that the crime control model of criminal justice more closely resembled the actual practice of criminal and juvenile justice in the United States immediately prior to Obama’s election. At the time Packer wrote and published his book, however, politically liberal values and, thus, the principles and policies of the due process model, dominated the operation of criminal and juvenile boh11536_ch01_001-024.indd Page 19 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States justice. If President Obama’s election signals the American public’s shift to more liberal political values, then at least in the near future, the due process model may guide the operation of criminal and juvenile justice. In any event, neither model is likely to completely represent the practices of criminal justice. Even though the current operation of criminal and juvenile justice reflects the dominance of the crime control model, elements of the due process model remain evident. The election of Barack Obama suggests that the American people have become tired of seeing their tax dollars spent on programs and a process that are not providing them with the safety from criminal behavior that they so desperately desire. If Packer’s model of criminal justice is correct, we should expect a shift in criminal justice practice that will coincide with the shift in the values held by American political leaders and, of course, American citizens. THINKING CRITICALLY L 1. What do you think are some of the fundamental problems with the crime control model? What I are the benefits of this model? 2. What do you think are some of the fundamental problems with D the due process model? What are the benefits of this model? D E L Costs of Criminal Justice L Each year in the United States, an enormous amount of money is spent on , criminal justice at the federal, state, and local levels. In 2007 (the latest year for which figures are available), a total of $227.5 billion was spent on civil and criminal justice. That represents approximately $633 for every resident of the United States ($279 for police, $129 for judicial andTlegal services, and $225 for corrections). Table 1.3 shows the breakdown of spending among the three I main segments of the criminal justice system and among the federal, state, and F 6% from 2006 and local levels. The $227.5 billion was an increase of about 7 approximately 207% from 1990. F A N In 2007, federal, state, and local governments spent $227.5 billion in direct expenditures for the Y criminal and civil justice systems. Table 1.3 Costs of Criminal Justice Police Protection 70% Local 11% States 19% Federal 100% Judicial/Legal Services 40% Local 38% States 22% Federal 100% Corrections 32% Local 59% States 9% Federal 100% 1 5 6 8 T S In Millions ($) 72,643 11,383 19,617 103,643 19,846 18,921 10,954 49,721 23,849 44,021 6,328 74,198 Note: Detail may not add to 100% because of rounding. Source: Tracey Kyckelhahn, “Justice Expenditure and Employment Extracts, 2007,” Bureau of Justice Statistics, U.S. Department of Justice at http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid-2315, filename: cjee0701.csv (date of version: 9/14/2010). 19 boh11536_ch01_001-024.indd Page 20 09/06/11 9:35 PM user-f494 20 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice Criminal justice is primarily a state and local function; state and local governments spent about 86% of the 2007 total. Note that state and local governments share the costs of criminal justice by making police protection primarily a local function and corrections primarily a state function. In 2007, local governments spent 70% of the total spent on police protection, while state governments spent nearly 63% of the total spent on corrections. The expense of judicial and legal services was evenly divided between state and local governments, with each level of government spending about 40% of the total on those services. Note that although the bulk of government spending on criminal justice is at the state and local levels, the federal government uses its expenditures strategically to influence criminal justice policy at the other levels of government. For example, the federal government develops and tests new approaches to criminal justice and crime control. It then encourages state and local criminal justice agencies to duplicate effective programs and practices by awarding monetary grants to interested and willing agencies. Grants are also awarded to state and local criminal justice agencies to implement programs that address L the federal government’s crime control priorities, such as its recent emphasis I crimes. In 2007, the federal government spent on violent and drug-related about 18% of the total expenditures on criminal and civil justice. D It is also noteworthy that despite the billions of dollars spent on criminal and civil justice at the state D and local levels, as a percentage of all government expenditures, the amount spent on criminal justice represents only a tiny E for police protection, about 2.2% for corrections, fraction—about 6.2% (2.7% and 1.3% for judicial andLlegal services). In other words, only about 6 cents of every state and local tax dollar are spent on criminal justice. Include federal L 4 cents of every tax dollar are spent on criminal tax dollars, and only about justice—an amount that has , stayed about the same for approximately 20 years. Thus, compared with expenditures on other government services, such as social insurance, national defense, international relations, interest on debt at the federal level, public welfare, education, health and hospitals, and interest T on debt at the state and local levels, spending on criminal justice remains a relatively low priority—a point apparently not missed by the American public.8 I For almost three decades, public opinion polls have shown that more than half F too little money is spent on crime control. Very few of all Americans believe that F A N Y 1 5 6 8 T S The state of Florida reportedly spent $10 million to administer justice to serial murderer Ted Bundy in 1989, and the federal government spent more than $100 million to execute mass murderer Timothy McVeigh in 2001. Were the executions worth the expense? Why or why not? boh11536_ch01_001-024.indd Page 21 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States people think that too much is being spent.9 What is not clear, however, because no data are available, is whether those people who believe more money should be spent to fight crime are willing to pay higher taxes to provide that money. The data presented so far in this section provide a general overview of the aggregate costs of criminal justice in the United States. However, they do not reveal the expenses of individual-level justice, which vary greatly. On the one hand, administering justice to people who commit capital or death-eligible crimes costs, on average, between $2.5 and $5 million per case (the cost of the entire process); extraordinary cases can cost much more. For example, the state of Florida reportedly spent $10 million to administer justice to serial murderer Ted Bundy in 1989, and the federal government spent more than $100 million to execute mass murderer Timothy McVeigh in 2001.10 On the other hand, the routine crimes processed daily cost much less. A better idea of the costs of justice in more typical cases comes from an examination of the costs of each stage of the local criminal justice process. The results of such a study are presented in the following text.11LA 39-year-old male burglar was arrested in Orange County, Florida, in 1995. The state of Florida and I that offender, who had Orange County spent $46,106 to administer justice to stolen approximately $5,100 of merchandise and caused D about $1,000 in damages to the store. Of course, the costs of the crime include more than just the stolen merchandise and damaged property. They also D include the psychological costs of victimization (for example, the loss of a sense of security, a greater E on. Figure 1.4 displays fear of crime), which are difficult to place a dollar figure the total cost of the case and the costs for each of the Lspecific criminal justice functions. As shown, corrections costs accounted for the bulk of expenditures L were minimal in com(98%). Law enforcement, prosecution, and court costs parison. An interesting postscript is that in 2002, the,offender was adjudicated guilty on several charges stemming from separate incidents in 1999 and 2000. T I Total Costs of the Orange County, Florida, Burglary Case by Specific Criminal Justice Functions F Law enforcement costs Prosecution and court costs F $564 (1.0%) $243 (0.5%) A Corrections costs N $45,299 (98%) Y Figure 1.4 1 5 6 8 T Total = $46,106 S *Percentages do not total 100% because of rounding errors. • Law enforcement costs include the time spent capturing and arresting the offender, writing reports, and conducting the investigation. • Judicial costs include time spent at the initial appearance and arraignment and completing required paperwork. • Prosecution costs include the time spent reviewing the case and filing charges, negotiating a plea with the public defender, attending the sentencing hearing, and the support staff who performed various tasks such as filing and forwarding documents. • Court support staff costs include time spent filing the charges, entering the file into the computer, assigning the case number, scheduling the arraignment, preparing subpoenas, and recording minutes of the formal proceedings. • Defense costs include the time spent reviewing the case, talking to the defendant, negotiating a plea, and attending the sentencing hearing. • Corrections costs include the costs of booking the offender, detaining him in jail while awaiting the adjudication of the case, and incarcerating him in prison as a result of the sentence imposed. 21 boh11536_ch01_001-024.indd Page 22 09/06/11 9:35 PM user-f494 22 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice The charges included battery on a law enforcement officer, resisting arrest with violence, burglary of a conveyance, possession of burglary tools, and grand theft. His combined sentence for all charges was 20 years with credit for 3 years’ time served. Florida law mandates that offenders serve at least 85% of their initial sentence. Therefore, this offender is not scheduled for release until 2017. Given the severity of the offenses and the duration of his prison sentence, it now appears that this offender is anything but typical. THINKING CRITICALLY 1. Do you think more money needs to be spent on criminal justice? Why or why not? L Myths About Crime and Criminal Justice I is to expose and correct misconceptions the AmerA major theme of this book ican public has about crime D and criminal justice. Much of the public’s understanding of crime and criminal justice is wrong; it is based on myths. Myths D are “simplistic and distorted beliefs based upon emotion rather than rigorous analysis” or “at worst . . . Dangerous E falsifications.”12 More specifically, myths are “credible, dramatic, L socially constructed representation[s] of perceived realities that people accept as permanent, fixed L knowledge of reality while forgetting (if they were ever aware of it) [their] tentative, imaginative, creative, and , perhaps fictional qualities.”13 For example, during the Middle Ages in Europe, people commonly believed that guilt or innocence could be determined through trial by T ordeal. The accused might be required to walk barefoot overI hot coals, hold a piece of red-hot iron, or walk through fire. The absence of any injury was believed to be a F sign from God that the person was innocent. Although we may F now wonder how such a distorted and simplistic belief could have been taken as fact and used to determineAa person’s guilt or innocence, people did not considerNthe belief a myth during the time that it was official practice. The lesson to be learned from this example is that Y a belief that is taken as fact at one time may in retrospect be viewed as a myth. In this book, we attempt to place such myths about crime and criminal justice in 14 perspective. 1 Throughout this text, we present generally accepted 5 about crime and the justice system that can be beliefs considered myths, because they can be contradicted 6 with facts. In some instances it can be demonstrated that 8the perpetuation and acceptance of certain myths by the public, politicians, and criminal justice practitioT ners have contributed to the failure to significantly reduce S predatory criminal behavior and to increase peace. It is also possible that acceptance of these myths During the Middle Ages, Holy Roman Emperor Otto III married the as accurate representations of reality or as facts results King of Aragon’s daughter, who fell in love with a count of the in the waste of billions of dollars in the battle against court. When the count refused her advances, the emperor’s wife crime. myths Beliefs based on emotion rather than analysis. accused him of making an attempt on her honor. The scene shows the count’s wife attempting to prove his innocence by trial by fire (a red-hot rod in her hand). When she was not burned, the count’s innocence was proved and the emperor’s wife was burned alive for making the false accusation. How could people believe that guilt or innocence could be proven in this way? boh11536_ch01_001-024.indd Page 23 09/06/11 9:35 PM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Chapter 1 Crime and Justice in the United States 23 Summary 1. 5. Describe how the type of crime routinely presented by the media compares with crime routinely committed. Crime presented by the media is usually more sensational than crime routinely committed. 2. From a political standpoint, the crime control model of criminal justice reflects traditional conservative values, while the due process model embodies traditional liberal values. In the crime control model, the control of criminal behavior is by far the most important function of criminal justice. Consequently, the primary focus of this model is on efficiency in the operation of the criminal justice process. The goal of the due process model, in contrast, is at least as much to protect the innocent as it is to convict the guilty. Fundamentally, the due process model defends the ideal of personal freedom and its protection and rests on the assumption that the prevention of tyranny on the part of government and its agents is the most important function of the criminal justice process. Identify institutions of social control, and explain what makes criminal justice an institution of social control. Institutions of social control include the family, schools, organized religion, the media, the law, and criminal justice. Such institutions attempt to persuade people to abide by the dominant values of society. Criminal justice is restricted to persuading people to abide by a limited range of social values, the violation of which constitutes crime. L I 3. Summarize how the criminal justice system responds to crime. D D The typical criminal justice response to the commission of a crime involves the following: investigation; arrest E (if the investigation is successful); booking; the formal charging of the suspect; an initial appearance; a prelimiL nary hearing (for a felony); either indictment by a grand jury followed by arraignment or arraignment on an L information; either a plea bargain or a trial; sentencing; , 6. T Explain why criminal justice in the United States is sometimes considered a nonsystem. I Criminal justice in the United States is sometimes considered a nonsystem for two major reasons. First, there is no single system but instead a loose confederation of more than 50,000 agencies on federal, state, and local levels. Second, rather than being a smoothly operating set of arrangements and institutions, the agencies of the criminal justice system interact with one another but generally operate independently, often causing problems for one another. F F A N Y Key Terms institution of social control 8 jurisdiction 8 misdemeanors 8 felonies 8 arrest 9 booking 9 defendant 9 initial appearance 9 summary trial 9 probable cause 12 bail 12 preliminary hearing 12 1 5 6 8 T S Describe the costs of criminal justice in the United States and compare those costs among federal, state, and local governments. An enormous amount of money is spent each year on criminal justice in the United States. In 2007, federal, state, and local governments spent a total of $227.5 billion on police protection ($104 billion), judicial/legal services ($50 billion), and corrections ($74 billion). The bulk of government spending on criminal justice is at the state and local levels, but the federal government spends money strategically to influence criminal justice policy at the other levels of government. possible appeal; and punishment (if the defendant is found guilty). 4. Point out major differences between Packer’s crime control and due process models. 7. Explain how myths about crime and criminal justice affect the criminal justice system. The acceptance and perpetuation of myths, or simplistic beliefs based on emotion rather than rigorous analysis, can harm the criminal justice system by contributing to the failure to reduce crime and to the waste of money in the battle against crime. grand jury 12 information 12 arraignment 12 plea bargaining 12 bench trial 13 probation 13 parole 13 system 15 crime control model 16 due process model 16 doctrine of legal guilt 18 myths 22 Review Questions 1. What is the fundamental problem with the types of crime routinely presented by the media? 4. Why is criminal justice sometimes considered society’s “last line of defense”? 2. What was the most frequent type of call for police service in Houston during the period examined in the text (see Table 1.2)? 6. What is a jurisdiction? 3. What is an institution of social control ? 5. What three agencies make up the criminal justice system? 7. What is the difference between a misdemeanor and a felony? boh11536_ch01_001-024.indd Page 24 09/06/11 9:35 PM user-f494 24 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles Part One The Foundations of Criminal Justice 8. What is the difference between an arrest and a booking? 9. Who decides whether to charge a suspect with a crime? 10. What is a defendant, and when does a suspect become a defendant? 11. What is the difference between an initial appearance and a preliminary hearing? 12. Define bench trial, summary trial, bail, grand jury, arraignment, plea bargaining, and parole. 13. What is meant by probable cause? 14. Why are the conflicts between the different agencies of criminal justice not entirely undesirable? 15. Why does Packer use the metaphors of assembly-line justice and obstacle-course justice to characterize his crime control and due process models of criminal justice? 16. What are the bases (that is, the presumptions or doctrines) of Packer’s crime control and due process models of criminal justice? 17. Which levels of government—federal, state, and local— bear most of the costs of criminal justice in the United States? 18. What is a lesson to be learned from myths about crime and criminal justice? In the Field 1. Crime and the Media Watch a local television station’s broadcast of the evening news for one or more days and record the crimes reported. Then obtain from your local police department a copy of the log of calls for police service for one of those days. Compare the crimes reported on the nightly news with the calls for police service. Describe similarities and differences between the two different sources of crime information. What have you learned? 2. Costs of Crime Follow a criminal case in your community and determine the costs of processing the case. You will have to contact the police, the prosecutor, the defense attorney, the judge, and other relevant partici- On the Net 1. Criminal Justice in Other Countries Learn about the criminal justice systems of other countries by visiting the U.S. Justice Department’s website, The World Factbook of Criminal Justice Systems, at http://bjs.ojp.usdoj .gov/content/pub/html/wfcj.cfm Critical Thinking Exercises PLEA BARGAINING 1. Shirley Smith pleaded guilty to third-degree murder after admitting she had put rat poison in drinks her husband ingested at least 12 times during the course of their 13-month marriage. Sentenced to a maximum of 20 years in prison, she would have to serve at least 10 years before she could be considered for parole. The prosecutor defended the plea bargain against much public criticism. The prosecutor claimed that the costs of a murder trial and subsequent appeals were not paramount. However, the prosecutor did acknowledge that the case could have been the most expensive in county history, that it exhausted his entire $2 million budget for the fiscal year, and that it required a tax increase to cover the costs. As an elected official, the prosecutor attempted to seek justice while exercising a sense of fiscal responsibility. a. Do you think the prosecutor made the correct decision to plea bargain? Defend your answer. b. In potentially expensive cases, should the prosecutor seek a referendum on the matter (to determine whether residents are willing to pay additional taxes to try a defendant rather than accept a plea bargain)? Lpants. Remember to consider both monetary and psyI chological costs. After you have determined the costs, decide whether you think they were justified. Defend Dyour answer. 3. DCosts of Justice Only about 6% of state and local spending is for criminal justice. By contrast, states and Elocalities spend more for education and public welfare, Land about the same for health care and hospitals. Divide into groups. Using the preceding information, debate Lwithin your group whether states and localities spend of their budgets on criminal justice. Share group , enough results with the class. T I F F A N Y 2. FBI’s Most Wanted Access the FBI’s “Top Ten Most Wanted Fugitives” at www.fbi.gov/wanted/topten/. Read the descriptions of the fugitives. Write a report describing the characteristics they share. Also, try to determine what unique features qualify these fugitives, and not others, for the list. PRISON VERSUS REHABILITATION 2. The city council of a midsize East Coast city is locked in a debate concerning how to address the rising incidence of violent crime. John Fogarty, one of the most influential people in the city, is pushing for more police and stiffer penalties as the solution. He is the leader of a group that is proposing the construction of a new prison. Another group thinks putting more people in prison is not the answer. They believe that early intervention, education, and prevention programs will be most effective. There is not enough money to fund both sides’ proposals. a. Which side would you support? Why? b. What do you think is the number-one crime problem in your community? List ways of dealing with that problem. What would be the most cost-effective way to lower the rate of that crime? 1 5 6 8 T S To access more information and resources, including study questions, chapter summaries, and links, go to www.mhhe .com/bohm7e.

Tutor Answer

ChloeL134
School: Boston College

Here you go. ...

flag Report DMCA
Review

Anonymous
Excellent job

Similar Questions
Hot Questions
Related Tags

Brown University





1271 Tutors

California Institute of Technology




2131 Tutors

Carnegie Mellon University




982 Tutors

Columbia University





1256 Tutors

Dartmouth University





2113 Tutors

Emory University





2279 Tutors

Harvard University





599 Tutors

Massachusetts Institute of Technology



2319 Tutors

New York University





1645 Tutors

Notre Dam University





1911 Tutors

Oklahoma University





2122 Tutors

Pennsylvania State University





932 Tutors

Princeton University





1211 Tutors

Stanford University





983 Tutors

University of California





1282 Tutors

Oxford University





123 Tutors

Yale University





2325 Tutors