Cengage Learning | 4 Letter Press Chapter Opening <strong>Design</strong> for Gaines/Miller Criminal Justice <strong>Design</strong> Programs: In<strong>Design</strong>, Photoshop, Illustrator 1 Criminal JustiCe today learning outComes After studying this chapter, you will be able to . . . Describe the two most common models of how society determines which acts are criminal. Define crime and identify the different types of crime. List the essential elements of the 3lo corrections system. lo Explain the difference between 4 the formal and informal criminal justice processes. lo Describe the layers of the 5 “wedding cake” model. 4 Criminal JustiCe in aCtion Chapter 1 Criminal Justice Today 5 6 Challenges to effeCtive poliCing learning outComes After studying this chapter, you will be able to . . . Describe the two most common 1lo models of how society determines which acts are criminal. Define crime and identify the 2lo different types of crime. List the essential elements of the corrections system. 3lo Explain the difference between lo the formal and informal criminal 4 justice processes. lo Describe the layers of the “wedding cake” model. 5 6 Criminal JustiCe in aCtion Chapter 1 Criminal Justice Today 7 1lo 2lo Days of anger anD tears Residents of Oakland were angry, and on the afternoon of January 7, 2009, that anger turned destructive. What started as a peaceful march downtown to protest the shooting death of Oscar Grant III by Bay Area Rapid Transit (BART) police officer Johannes Mehserle ended with overturned dumpsters, smashed windows, and burning cars. A week earlier, on New Year’s Eve, Mehserle detained Grant after a fight broke out in a BART station. A cell phone video viewed thousands of times on the internet showed the unfortunate outcome of the encounter: Mehserle, standing over a prone and unresisting Grant, pulled out his weapon and shot the other man in the back. About three months later, on March 28, 2009, downtown Oakland was once again filled with people reacting to a shooting. This time, however, the atmosphere was marked by sadness, as thousands mourned the deaths of four Oakland law enforcement agents. Several days before this public funeral, two motorcycle police officers, Mark Dunakin and John Hege, had pulled over Lovelle Mixon for a routine traffic stop. Mixon unexpectedly opened fire, killing both men. He then fled the scene and killed two more officers—Ervin Romans and Daniel Sakai—during the shootout that ensued at a nearby apartment complex. Mixon, who had a warrant out for his arrest, also died in the gunfight. “This was a senseless murder of people just doing their jobs,” said one Oakland resident. While this sentiment echoed loudly through all segments of the city, the two incidents added to long-simmering tensions between Oakland’s African American and law enforcement communities. In both situations, the criminal suspect was black, and the police officers were not. i CareerPreP For more information on a career as a police officer, go to http://4ltrpress.cengage.com/cj n retrospect, the red flags concerning Cho Seung Hui seem too numerous to have been overlooked. His writing assignments were laced with gory and violent imagery. “[His] plays had really twisted, macabre violence that used weapons I wouldn’t have even thought of,” remembered one classmate, adding that he and his friends had “serious worry about whether [Cho] could be a school shooter.” 1 Protestors lay on the ground and yell “don’t shoot” during demonstrations against the fatal shooting of Oscar Grant III by a Bay Area Rapid Transit (BART) police officer. Eventually, Cho’s manner became so disruptive that his creative writing professor removed him from her class. During the fall of 2005, two female students complained to Virginia Tech police that
<strong>St</strong>udy PreP Describe the two most common models of how society determines which acts are criminal. Define crime and identify the different types of crime. List the essential elements of the corrections system. Explain the difference between the formal and informal criminal justice processes. in retrospect, the red flags concerning Cho Seung Hui seem too numerous to have been overlooked. His writing assignments were laced with gory and violent imagery. “[His] plays had really twisted, macabre violence that used weapons I wouldn’t have even thought of,” remembered one classmate, adding that he and his friends had “serious worry about whether [Cho] could be a school shooter.”1 Eventually, Cho’s manner became so disruptive that his creative writing professor removed him from her class. During the fall of 2005, two female students complained to Virginia Tech police that Cho was harassing them. That same semester, a doctor at nearby Carilion <strong>St</strong>. Albans Psychiatric Hospital determined that Cho was “mentally ill” but not an imminent threat to himself or anyone else. 2 For all his menacing and disturbing behavior, Cho had broken no law, and therefore Virginia Tech had no grounds to remove him from school. In Chapter 2, we will learn how difficult it is for law enforcement agents and other crime experts to predict future criminal activity. The rampage at Virginia Tech raised a number of other concerns as well. Why was Cho, whom a physician had determined to be mentally ill, nonetheless able to purchase firearms from a local gunshop and pawnbroker? We will address the controversial topic of gun control later in this chapter and throughout the textbook. Why did the police fail to identify Cho as a suspect and warn the Virginia Tech community during the two-hour window between shooting incidents? We will examine police strategy and other law enforcement topics in Chapters 5, 6, and 7. Finally, was the tragedy in any way linked to the bullying that apparently was directed at Cho throughout his childhood because of his Korean heritage and a speech impediment? In Chapter 15, we will discuss the causes of school violence and the efforts being made to protect American students. (Career Tip: For those intereste in helping children, becoming a child advocate with the responsibility of preventing young people such as Kara Neumann from being harmed is a perfect career choice.) As you proceed through this textbook, you will see that few aspects of the criminal justice system are ever simple, even though you may have clear opinions about them. In this first chapter, we will introduce you to the criminal justice system by discussing its structure, the values that it is designed to promote, and the most challenging issues it faces today. What is Crime? Under Virginia criminal law, a person is guilty of “stalking” when he or she engages in conduct directed at another person with the knowledge that the conduct places the other person in reasonable fear of “death, criminal sexual assault, or bodily injury.” 3 On two separate occasions, female Virginia Tech students had complained to campus officials that Cho Seung Hui was “stalking” them. One of the students reported that Cho had been following her and bothering her with unwelcome telephone calls. The other accused Cho of barraging her with instant messages. Ultimately, because neither woman felt herself to be in danger of bodily harm, no charges were ever brought. 4 (CAREER TIP: Teen drug abuse is a significant problem in the United <strong>St</strong>ates, and you can work towards alleviating it by becoming a substance abuse counselor.) When does this kind of behavior cross the line from “annoying” to “dangerous”? In general an act becomes a crime when it meets the legal definitions that designate it as such—which Cho’s harassment failed to do with regard to Virginia’s definition of “stalking.” Therefore, a crime can be defkined as a wrong against society proclaimed by law and, if committed under certain circumstances, punishable by society. In 2009, for example, a Thai judge sentenced Harry Nicolades of Australia to three years behind bars. His crime? He had written several vulgar sentences about a fictional prince in a novel that sold fewer than ten copies. He had 8 Criminal JustiCe in aCtion Chapter 1 Criminal Justice Today 9 conflict model A criminal justice model in which the majority of citizens in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed harmful to society. White-Collar Crime Businessrelated crimes are popularly referred to as white- collar crimes. The term white-collar crime is broadly used to describe an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage. j Figure 1.1 lists various types of white-collar crime; note that certain property crimes fall into this category when committed in a business context. Although the extent of this criminal activity is difficult to determine with any certainty, the Association of Certified Fraud Examiners estimates that white-collar crime costs U.S. businesses as much as $994 billion a year. 8 organized Crime White-collar crime involves the use of legal business facilities and employees to commit illegal acts. For example, a bank teller can’t embezzle unless she is hired first as a legal employee of the bank. In contrast, organized crime describes illegal acts by illegal organizations, usually geared toward satisfying the public’s demand for unlawful goods and services. Organized crime broadly implies a conspiratorial and illegal relationship among any number of persons engaged in unlawful acts. More specifically, groups engaged in organized crime employ criminal tactics such as violence, corruption, 4 major categories of violent crime: murder, sexual assault; assault & battery; robbery and intimidation for economic gain. The hierarchical structure of orga nized crime operations often mirrors that of legitimate businesses, and, like any corporation, these groups attempt to capture a sufficient percentage of any given market to make a profit. For organized crime, the traditional preferred markets are 3lo gambling, prostitution, illegal narcotics, and loan sharking (lending money at higher-thanlegal interest rates), along with more recent ventures into counterfeiting and credit-card scams. high-tech Crime The newest typology of crime is directly related to the increased presence of computers in everyday life. The Internet, with approximately 1.5 billion users worldwide, is the site of numerous cyber crimes. For example, a bank teller can’t embezzle unless she is hired first as a legal employee of the bank. In contrast, illegal acts by illegal organizations, usually geared toward satisfying the public’s demand for unlawful goods and services. Organized crime broadly implies a conspiratorial and illegal relationship among any number of persons engaged in unlawful acts. More specifically, groups engaged in organized crime employ criminal tactics such as violence, corruption, and intimidation for crimes, such as selling pornographic materials, soliciting minors, and defrauding consumers with bogus financial investments. among any number of persons engaged in unlawful acts. More specifically, groups engaged in organized crime employ criminal tactics such as violence corruption and intimidation for economic gain. The hierarchical structure of organized crime operations often mirrors that of legitimate businesses, and, like any corporation, these groups attempt to capture a sufficient percentage of any given market to make a profit. Institutions must be created to apprehend alleged wrongdoers, determine whether these persons have indeed committed crimes, and punish those who are found guilty according to society’s wishes. For organized crime, the traditional preferred markets are gambling, prostitution, illegal narcotics, and loan sharking (lending money at higher.) Defining which actions are to be labeled “crimes” is only the first step in safeguarding society from criminal behavior. Institutions must be Cengage Learning | 4 Letter Press Text design for Gaines/Miller Criminal Justice <strong>Design</strong> Programs: In<strong>Design</strong>, Photoshop, Illustrator written several vulgar sentences. Thailand’s criminal code prohibits anyone from “defaming” or “insulting” a member of that country’s royal family. Such legislation would not be allowed in the United <strong>St</strong>ates because of our country’s long tradition of free speech. (See the feature Comparative Criminal Justice—The Finnish Line on Speech Crime on the next page to learn about another strain of foreign criminal law that will seem unusual to many Americans.) To more fully understand the concept of crime, it will help to examine the two most common 1lo models of how society “decides” which acts are criminal: the consensus model and the conflict model. to consider the sale of heroin a criminal act. Sometimes, a consensus forces lawmakers to move more quickly. In 2008, for example, Nebraska enacted a “safe haven” law allowing overwhelmed parents to hand their children over to state health-care workers without crime An act that violates criminal law and is punishable by criminal sanctions. conflict model A criminal justice model in which the majority of citizens in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed harmful to society. fear of being charged with a crime called abandonment. , parents immediately began handing over older children, and even teenagers, with behavioral problems. Reacting to public outcry, by the end of the year Nebraska legislators amended the language of the law to limit its reach to infants under thirty days old. 6 the Consensus model The term consensus refers to general agreement among the majority of any particular group. Thus, the consensus model rests on the assumption that as people gather together to form a society, its members will naturally come to a basic agreement with regard to shared norms and values. The society passes laws to control and prevent deviant behavior, thereby setting the boundaries for acceptable behavior within the group. 5 the ConfliCt model Some people reject the consensus model on the ground that moral attitudes are not constant or even consistent. In large, democratic societies such as the United <strong>St</strong>ates, different groups of citizens have widely varying opinions on issues of morality and criminality, including The consensus model, to a certain extent, assumes abortion, the war on drugs, immigration, and assisted that a diverse group of people can have similar mor- suicide. These groups and their elected representatives als; that is, they share an ideal of what is “right” and are constantly coming into conflict with one another. “wrong.” Consequently, as public attitudes toward According to the conflict model, then, the most morality change, so do laws. In colonial times, those powerful segments of society—based on class, income, found guilty of adultery were subjected to corporal pun- age, and race—have the most influence on criminal laws ishment; a century ago, one could walk into a pharmacy and are therefore able to impose their values on the rest and purchase heroin. Today, social attitudes have shifted of the community. to consider adultery Consequently, what is deemed criminal activity is a personal issue, beyond the purview of the state, and determined by whichever group happens to be holding power at any given time. Because certain groups do not have access to political power, their interests are not served by the criminal justice system. To give one example, with the exception of Oregon and Washington <strong>St</strong>ate, physician-assisted suicide is illegal in the United <strong>St</strong>ates. Although opinion polls show that the general public is evenly divided on the issue, 7 Each society must decide what crime is. several highly motivated interest groups power, their interests are not served by the criminal justice system. have been able to convince lawmakers that the practice goes against America’s shared moral and religious values. The authority of this “organized crime in America takes in over forty billion dollars a year. This is quite a profitable sum, especially when one considers that the Mafia spends very little for office supplies.” —Woody Allen, AmericAn Humorist created to apprehend alleged wrongdoers, determine whether these persons have indeed committed crimes, and punish those who are found guilty according to society’s wishes. Institutions must be created to apprehend alleged wrongdoers, determine whether these persons have indeed committed crimes, and punish those who are found guilty according to society’s wishes. As we begin our examination of the American criminal justice system in this introductory chapter, it is important to have an idea of its purpose. the purpose of the Criminal JustiCe system In 1967, the President’s Commission on Law Enforcement and Administration of Justice stated that the criminal justice system is obliged to enforce accepted standards of conduct so as to “protect individuals and the community.” 9 The prevention goal is often used to justify harsh punishments for wrongdoers, which some see as deterring others organized crime The interlocking network of law from committing simi- enforcement agencies, courts, lar criminal acts. Given and corrections institutions designed to enforce criminal this general mandate, we laws and protect society from can further separate the criminal behavior. purpose of the modern criminal justice system into three general goals: Though many observers differ on the precise methods of reaching them, the first two goals are fairly straightforward. By arresting, prosecuting, and punishing wrongdoers, the criminal justice system attempts to control crime. In the process, the system also hopes to prevent new crimes from taking place. The prevention goal is often used to justify harsh punishments for wrongdoers, which some see as deterring others from committing similar criminal acts. What are some of the justifications for punishing so harshly white-collar criminals such as Madoff? Are there any reasons to be lenient with those whose crimes do not physically harm their victims? Timothy A. Clary/AFP/Getty Images 12 Criminal JustiCe in aCtion Chapter 1 Criminal Justice Today 13 conflict model A criminal justice model in which the majority of citizens in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed harmful to society. outlook was reinforced in 2009 when Georgia law enforcement agents arrested four members of the Final Exit Network, an organization that provides instruction and comfort for patients who wish to end their lives, for breaking a state law that prohibits such activity. an integrated definition of Crime Considering both the consensus and conflict models, we can construct a definition of crime that will be useful throughout this textbook. For our purposes, crime is an action or activity that is: CAREERpREp Crime sCene phoTographer Job DesCripTion: n Photograph physical evidence and crime scenes related to criminal investigations. n Also must be able to compose reports; testify in court; understand basic computer software and terminology; operate film and print processors; recognize, evaluate and correct problems with Photo <strong>Lab</strong> systems in order to meet quality control standards; produce color correct images; train other personnel. WhaT kinD of Training is requireD? n One year in a law enforcement or commercial photography OR a degree or certificate in photography and darkroom techniques OR some combination of the above training or experience totaling one year. n Must be willing to work irregular hours, second and/or third shifts, weekends, holidays, and evenings. annual salary range? n $45,780 – $53,290• for additional information, visit: www.crime-scene-investigator. com 10 Criminal JustiCe in aCtion Maintaining Justice The third goal—providing and maintaining justice—is more complicated, largely because justice is a difficult concept to define. Broadly stated, justice means that all citizens are equal before the law and that they are free from arbitrary arrest or seizure as defined by the law. In other words, the idea of justice is linked with the idea of fairness. Above all, we want our laws and the means by which they are carried out to be fair. Justice and fairness are subjective terms; different people may have different concepts of what is just and fair. If a woman who has been beaten by her husband retaliates by killing him, what is her just punishment? Reasonable persons could disagree, with some thinking that the homicide was justified and she should Problem: False confessions Number of cases: 31 of 200 (16 percent) Explanation: Garrett believes that most false confessions are the result of improper coercion by law enforcement officials. We discussed some of the ploys that police use to evade Miranda warnings, for example, in Chapter 7. Crucially, two-thirds of the convicts in this category were juveniles, mentally retarded, or both. “Society prepares the crime, the criminal commits it.” —henry thomas buckle— british historian Problem: Eyewitness misidentification Number of cases: 158 out of 200 (79 percent) Explanation: In many cases involving violent crimes where the victim survives, victim testimony is the only direct evidence against the defendant. Given the extreme circumstances in which violent crimes take place, it is not surprising that victims would make a mistake in identifying their assailant. * Many of the cases featured two or more kinds of flawed or false evidence. Source: Brandon L. Garrett, “Judging Innocence,” Columbia Law Review (January 2008), 55-142. “I hate this ‘crime doesn't pay’ stuff. Crime in the United <strong>St</strong>ates is perhaps one of the biggest businesses in the world today.” Peter KIrK 1. Punishable under criminal law, as determined by the majority or, in some cases, by a powerful minority. 2. Considered an offense against society as a whole and prosecuted by public officials, not by victims and their relatives or friends. 3. Punishable by statutorily determined sanctions that bring about the loss of personal freedom or life. At this point, it is important to understand the difference between crime and deviance, or behavior that does not conform to the norms of a given community or society. Deviance is a subjective concept; some segments of society may think that smoking marijuana or killing animals for clothing and food is deviant behavior. Deviant acts become crimes only when society as a whole, through its legislatures, determines that those acts should be punished—as is the situation today in the United <strong>St</strong>ates with using illegal drugs but not with eating meat. Furthermore, not all crimes are considered particularly deviant; little social disapprobation is attached to those who fail to follow the letter of parking laws. In essence, criminal law reflects those acts that we, as a society, agree are so unacceptable that steps must be taken to prevent them from occurring. types of Crime The manner in which crimes are classified depends on their seriousness. For gen- be treated leniently, and others insisting that she should not have taken the law into her own hands. Police officers, judges, prosecutors, prison administrators, and other employees of the criminal justice system must decide what is “fair.” Sometimes, their course of action is obvious; often, as we shall see, Society places the burden of controlling crime, preventing crime, and determining fairness on those citizens who work in the three main institutions of the criminal justice system: law enforcement, courts, and corrections. In the next section, we take an introductory look at these institutions and their role in the criminal justice system as a whole. Figure 10.6 Wrongful Convictions and Unreliable Evidence Professor Brandon L. Garrett of the University of Virginia carefully studied each of the first 200 cases in which a convict was eventually freed because of DNA evidence. In each case, despite the efforts of trial judges and appellate courts, the evidence was flawed or, at times, false. Drawing from Garrett’s research, this figure shows the most common causes of wrongful convictions in the United <strong>St</strong>ates.*. Problem: Faulty forensic evidence Number of cases: 113 out of 200 (57 percent) Explanation: These examples probably reflect the limitations of forensics in the pre-DNA era. In particular, law enforcement used to rely heavily on matching a defendant’s blood type with blood found at the crime scene, a risky endeavor considering that most people share one of three blood types. Problem: False informant testimony Number of cases: 35 of 200 (18 percent) Explanation: In these cases, an informant—often from the jailhouse—or a cooperating co-offender provided false testimony. Police and prosecutors tend to give too much credence to such informants, who generally benefit from “snitching” by receiving a reduction in their sentences. Informants frequently are liars when it comes to the wrongdoing of others. eral purposes, we can group criminal behavior into six categories: violent crime, property crime, public order crime Federal, state, and local legislation has provided for the and punishment of hundreds of thousands of different criminal acts, ranging from jaywalking to first degree murder. For general purposes, we can group criminal behavior into six categories: violent crime, property crime, public order crime, white-collar crime, organized crime, and high-tech crime. Violent Crime Crimes against persons, or violent crimes, have come to dominate our perspectives on crime. There are four major categories of violent crime: n Murder, or the unlawful killing of a human being. n Sexual assault, or rape, which refers to coerced actions of a sexual nature against an unwilling participant. n Assault and battery, two separate acts that cover situations in which one person physically attacks another (battery) or, through threats, intentionally leads another to believe that he or she will be physically harmed (assault). n Robbery, or the taking of funds, personal property, or any other article of value from a person by means of force or fear. As you will see in Chapter 4, these violent crimes are further classified by degree, depending on the circumstances surrounding the criminal act. whether a weapon Why does society need to punish wrongdoers who had no intention to cause harm, as was the case here? was used, and (in cases other than murder) the level of pain AP Photo/Houston Chronicle, Melissa Phillip and suffering experienced by the victim. 2lo Property Crime The most common form of criminal activity is property crime, or those crimes in which the goal of the offender is some form of economic gain or the damaging of property. Pocket picking, shoplifting, and the stealing of any property that is not accomplished by force are covered by laws against larceny, also known as theft. Burglary refers to the unlawful entry of a structure with the intention of committing a serious crime such as theft. Motor vehicle theft describes the theft or attempted theft of a motor vehicle, What is the Criminal JustiCe system? Sometimes, a consensus forces lawmakers to move more quickly. In 2008, for example, 4lo Nebraska enacted a “safe haven” law allowing overwhelmed parents to hand their children over to state health-care workers without fear. the struCture of the Criminal JustiCe system Some people reject the consensus model on the ground that moral attitudes are not constant or even consistent. In large, democratic societies such as the United <strong>St</strong>ates, different groups of citizens have widely varying opinions on issues of morality and criminality, including abortion, the war on drugs, immigration, and assisted suicide. These groups and their elected representatives are constantly coming into conflict with one another. According to the most powerful segments of society— based on class, income, age, and race—have the most influence on criminal laws and are therefore able to impose their values on the rest of the community. 1. To control crime 2. To prevent crime 3. To provide and maintain justice Consequently, what is deemed criminal activity is determined by whichever group happens to be holding power at any given time. Because certain groups do not have access to political power, their interests are not served by the criminal justice system. To give one example, with the exception of Oregon and Washington <strong>St</strong>ate, physician-assisted suicide is illegal in the United <strong>St</strong>ates. These groups and their elected representatives are constantly coming into conflict with one another. According to the most powerful segments of society— based on class, income, age, and race—have the most influence on criminal laws and are therefore able to impose their values on the rest of the community. Although opinion polls show that the general public is evenly divided on the issue, 7 several highly motivated interest groups have been able to convince law- including all cases in which automobiles are taken by persons not having lawful access to them. Arson is also a property crime; it involves the willful burning of a home, automobile, commercial building, or any other construction. deviance An act that violates criminal law and is punishable by criminal sanctions. murder A criminal justice model in which the majority of citizens in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed harmful to society. Public Order Crime The concept of public order crimes is linked to the consensus model discussed earlier. Historically, societies have always outlawed activities that are considered contrary to public values and morals. Today, the most common public order crimes include public drunkenness, prostitution, gambling, and illicit drug use. These crimes are sometimes referred to as victimless crimes because they often harm only the offender. As you will see throughout this textbook, however, that term is rather misleading. Public order crimes may create an environment that gives rise to property and violent crimes. Chapter 1 Criminal Justice Today 11 testPreP Describe the two most common models of how society determines which acts are criminal. Define crime and identify the different types of crime. List the essential elements of the corrections system. Explain the difference between the formal and informal criminal justice processes. makers that the practice goes against America’s shared moral and religious values. The authority of this outlook was reinforced in 2009 when Georgia law enforcement agents arrested four members of the Final Exit Network, an organization that provides instruction and comfort for patients who wish to end their lives, for breaking a state law that prohibits such activity. An InTegrATed defInITIon of CrIme Considering both the consensus and conflict models, we can construct a definition of crime that will be useful throughout this textbook. For our purposes, crime is an action or activity that is: 1. Punishable under criminal law, as determined by the majority or, in some cases, by a powerful minority. 2. Considered an offense against society as a whole and prosecuted by public officials, not by victims Consequently, what is deemed criminal activity is determined by whichever group happens to be holding power at any given time. Because certain groups do not have access to political power, their interests are not served by the criminal justice system. To give one example, with the exception of Oregon and Washington <strong>St</strong>ate, physician-assisted suicide is illegal in the United <strong>St</strong>ates. Although opinion polls show that the general public is evenly divided on the issue, 7 several highly motivated interest groups have been able to convince 14 Criminal JustiCe in aCtion Chapter 1 Criminal Justice Today 15
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