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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 St. 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 States, 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
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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
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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 States 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 States,
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 State,
physician-assisted suicide is illegal in the United States.
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
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WhaT kinD of Training is requireD?
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annual salary range?
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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
States 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 States 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 States.*.
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 States,
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
State, physician-assisted suicide is illegal in the United
States. 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
State, physician-assisted suicide is illegal in the United
States. 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