16 CRIMINAL JUSTICE IN ACTION CJ and Technology BIOMETRICS The science of biometrics involves identifying a person through her or his unique physical characteristics. In the criminal justice context, the term refers to the various technological devices that read these characteristics and report the identity of the subject to the authorities. Today, there are four leading biometric technologies: 1. Fingerprint readers take photographic images of fingerprints to determine patterns based on the points where the ridges of the fingertips begin, terminate, or split. These patterns are then mathematically encoded and the information stored. 2. Iris recognition systems capture about 240 minute details of the eye in a similar manner. 3. Face recognition systems use a camera to record from thirty to eighty “markers” on a subject’s face, such as cheekbone formations, the width of the nose bridge, and the space between the eyes. 4. Hand geometry scanners take and store as many as ninety different measurements, such as vein patterns, distance between knuckles, and the length and width of fingers. Defining which actions are to be labeled “crimes” is only the first step in safeguarding society from criminal behavior. Institutions must be created to apprehend alleged wrongdoers, determine whether these persons have indeed committed crimes, and punish timePreP 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. attacks another (battery) or, through threats, intentionally leads another to believe that he or she will be physically harmed (assault) 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. These circumstances include the intent of the person committing the crime, whether a weapon was used, and (in cases other than murder) the level of pain and suffering experienced by the victim. 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 also known as theft. 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, 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 and malicious burning of a home, automobile, commercial building, or any other construction. The use of biometrics is becoming more common in law enforcement. More than 2,100 sheriff’s departments in twentyseven states are using iris recognition technology. Most take digital pictures of the eyes of Alzheimer’s patients and children to help identify the subjects should they become lost or be abducted. Law enforcement officials in New Mexico scan the irises of convicted sex offenders to keep them from avoiding detection under false names. Experts predict that face recognition systems will eventually allow hidden cameras to check the identities of thousands of people shopping in a mall or taking a stroll in a city park. Furthermore, someday police officers will be able to take a photo of a suspect and instantaneously check the biometric markers against a database of millions for an identifying match. THINKING ABOUT BIOMETRICS: Do you have any concerns about a technology that would enable the government to identify thousands of people with the sweep of a camera? What would be the benefits and drawbacks of a database that contained biometric information on every person in the United <strong>St</strong>ates?and drawbacks of a database that contained biometric information on every person in the United <strong>St</strong>ates? those who are found guilty according to society’s wishes. Defining which actions are to be labeled “crimes” is only the first step in safeguarding society from criminal behavior. Institutions must be created to apprehend alleged wrongdoers, determine whether these persons Public Order Crime The concept of 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 offende http://www.shutterstock.com/subscribe. mhtml r. 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. White-Collar Crime Business-related crimes are popularly referred to 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. lists various types of white-collar crime; note that certain property crimes fall into this category when committed in a business context. Today, the most common public order crimes include public drunkenness, prostitution, gambling, and illicit drug use. 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 attacks another (battery) through threats, intentionally leads another to believe that he or she will be physically harmed (assault). obbery, or the taking of funds, personal property, or any other article of value from a person by means of force or fear. Cengage Learning | 4 Letter Press Text design for Gaines/Miller Criminal Justice <strong>Design</strong> Programs: In<strong>Design</strong>, Photoshop, Illustrator another (battery) or, through threats, intentionally leads another to believe that he or she will be physically harmed (assault).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. These circumstances include the intent of the person committing the crime, whether a weapon was used, and (in cases other than murder) the level of pain and suffering experienced by the victim. 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 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, 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 and malicious burning of a home, automobile, commercial building, or any other construction. 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. Today, the most common public order crimes include public drunkenness, As you will see throughout this textbook, As you will see in Chapter 4, these violent crimes are further classified by degree, depending on the circumstances surrounding the criminal act. These circumstances include the intent of the person committing the crime, whether a weapon was used, and (in cases other than murder) the level of pain and suffering experienced by the victim. Business-related crimes are popularly referred to as 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. lists various types of white-collar crime; note that certain property crimes fall into this category when committed in a business context. Today, the most common public order crimes include public drunkenness, prostitution, gambling, and illicit drug use. 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 Business-related crimes are popularly referred to as 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. ists various types of whitecollar crime; note that certain property crimes fall into however, that term is rather misleading. Public order crimes may create an environment that gives rise to property and violent crimes. Figure 10.7 Composition of Part I Offenses Source: Federal Bureau of Investigation, Crime in the United <strong>St</strong>ates, 2007 (Washington, D.C.: U.S. Department of Justice, 2008), at www.fbi.gov “If you do big things they print your face, and if you do little things they print only your thumbs.” public order crimes The interlocking network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society. White-Collar Crime Business-related crimes are popularly referred to as 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 10.7 lists various types of whitecollar 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, 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, 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 this category when committed in a business context. Today, the most common public order crimes include public drunkenness, prostitution, gambling, and illicit drug use. 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 he 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. 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. Today, the most common public order crimes include public drunkenness, prostitution, gambling, and illicit drug use. 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 Businessrelated crimes are popularly referred to 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 arthur "bugs" baer amerIcan journalIst Figure 6.4 Calls for Service Over a period of two years, the Project on Policing Neighborhoods gathered information on calls for service in Indianapolis, Indiana, and <strong>St</strong>. Petersburg, Florida. As you can see, the largest portion of these calls involved disputes where no violence or threat of violence existed. Be aware also that nearly two-thirds of the nonviolent dispute calls and nearly half of the assault calls answered by police dealt with domestic confrontations. Description of Violation Percentage of Total Calls NONSERIOUS CRIME CALLS Nonviolent disputes 41.7 Public disorder (examples: drunk, disorderly, begging, prostitution) 11.1 Assistance (examples: missing persons, traffic accident, damaged property) 9.8 Minor violations (examples: shoplifting, trespassing, traffic/parking offense, refusal to pay) 4.5 SERIOUS CRIME CALLS Assaults (examples: using violence against a person, kidnapping, child abuse) 26.0 Serious theft (examples: motor vehicle theft, burglary, purse snatching) 5.1 General disorder (examples: illicit drugs, fleeing police, leaving the scene of an accident) 1.8 Source: <strong>St</strong>ephen D. Mastrofski, Jeffrey B. Snipes, Roger B. Parks, and Christopher D. Maxwell, “The Helping Hand of the Law: Police Control of Citizens on Request,” Criminology 38 (May 2000), Table 5, page 328. LifePreP 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. attacks another (battery) or, through threats, intentionally leads another to believe that he or she will be physically harmed (assault).he 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 surrounding the criminal act. These circumstances include the intent of the person committing the crime, whether a weapon was used, and (in cases other than murder) the level of pain and suffering experienced by the victim. 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 CAREERpREp PoliCe deteCtive Job DesCripTion: n Collect evidence and obtain facts pertaining to criminal cases. n Conduct interviews, observe suspects, examine records, and help with raids and busts. Some detectives are assigned to multi-agency task forces that deal with specific types of crime, like drug trafficking or gang activity. 18 Criminal JustiCe in aCtion against, also known as theft 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, 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 and malicious burning of a home, automobile, commercial building, or any other construction. Public Order Crime The concept of 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. White-Collar Crime Business-related crimes are popularly referred to as 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 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 WhaT kinD of Training is requireD? n 2–5 years experience as a police patrol officer is required before testing to become a detective. n Larger departments require 60 units of college credit or an associate’s degree. annual salary range? n $43,920—$76,350 for additional information, visit: http://www.bls.gov/oco/ocos160.htm Contents Part One: The Criminal Justice System Introduction The “Craigslist Killer” 4 CareerPrep Diana Tabor, Forensic Photographer 14 A Question of Ethics Girl Gone Wild 18 Mastering Concepts Crime Control Model versus Due Process Model 22 CJ And Technology : Biometrics 26 Anti-terrorism in Action A Close Call 28 CJ in Action Gun Control versus Gun Rights 30 WhaT IS CrIme? 5 The Consensus Model 6 The Conflict Model 7 An Integrated Definition of Crime 7 Types of Crime 8 The CrImInal JuSTICe SySTem 10 The Purpose of the Criminal Justice System 11 The <strong>St</strong>ructure of the Criminal Justice System 11 Careers in CJ Diana Tabor Crime Scene Photographer 14 The Criminal Justice Process 16 ValueS Of The CrImInal JuSTICe SySTem 19 Crime Control and Due Process: To Punish or Protect? 20 Which Model Prevails Today? 21 CrImInal JuSTICe TOday 21 Violent Crime: The Bottom Line 23 Law Enforcement in the United <strong>St</strong>ates: Challenging Success 25 Crime and Punishment 28 Chapter Summary / Key Terms / Self Assessment Answer Key / Questions for Critical Analysis / Online Resources / Notes 31–34 Introduction The Devil in Disguise 38 You Be the Judge The Tumor Made Me Do It 43 CJ And Technology Mapping the Brain 45 Myth vs Reality The Legend of the Twinkie Defense 47 Mastering Concepts Further <strong>St</strong>udy: Expanding Criminology 57 Comparative Criminal Justice A Real War on Drugs TheOry In CrImInOlOgy 39 The Role of Theory 39 The Fallibility of Theory 39 Exploring the Causes of Crime 40 Theories of Crime 41 “Born Criminal”: Biological and Psychological Theories of Crime 43 Sociological Theories of Crime 48 Family, Friends, and the Media: Social Processes of Crime 51 Social Conflict Theories 54 Looking Back to Childhood: Life Course Theories of Crime 57 VICTImOlOgy and VICTImS Of CrIme 58 The Link between Drugs and Crime 60 The Criminology of Drug Use 61 Drug Addiction and Dependency 61 The Drug-Crime RelationshiP 62 CrImInOlOgy frOm TheOry TO PraCTICe 63 Criminology and the Chronic Offender 64 Criminology and the Criminal Justice System 65 Chapter Summary / Key Terms / Self Assessment Answer Key / Questions for Critical Analysis / Online Resources / Notes 68–71 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, and intimidation for economic gain. 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, such as selling pornographic materials, soliciting minors, and defrauding consumers with bogus financial investments. 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, What are the values of the Criminal JustiCe system? Defining which actions are to be labeled “crimes” is only the first step in safeguarding society from criminal behavior. 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. These institutions combine to form the criminal justice system. 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 hierarchi- Introduction Too Little, Too Late Mastering Concepts Civil Law versus Criminal Law 77 Comparative Criminal Justice The World's Oldest Profession 80 CJ And Technology Transdermal Alcohol Testing 89 Myth vs Reality Race <strong>St</strong>ereotyping and Drug Crime 96 ClaSSIfICaTIOn Of CrImeS 75 Civil Law and Criminal Law 75 Felonies and Misdemeanors 76 Mala in Se and Mala Prohibita 78 The unIfOrm CrIme rePOrT 81 Part I Offenses 82 Part II Offenses 83 The UCR: A Flawed Method? 83 The National Incident-Based Reporting System 85 alTernaTIVe meaSurIng meThOdS 86 Victim Surveys 86 Self-Reported Surveys 88 Crime Trends in the United <strong>St</strong>ates 90 On the Rise: Crime in the 1960s and 1970s 90 Drug Wars: Crime in the 1980s 92 Looking Good: Crime in the 1990s and 2000s 93 Crime, Race, and Poverty 94 Women and Crime 98 Chapter Summary / Key Terms / Self Assessment Answer Key / Questions for Critical Analysis / Online Resources / Notes 101–104 cal 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 gambling, prostitution, illegal narcotics, and loan sharking (lending money at higher-than-legal interest rates), along with more recent ventures into counterfeiting and credit-card scams. the PurPose of the Criminal JustiCe system 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 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 13 1 2 14 DEFINING AND CRIMINAL JuSTICE TODAY CAuSES OF CRIME MEASuRING CRIME Criminal Justice system The interlocking network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society. organized crime The interlocking network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society from criminal behavior. ChaPter 1 Criminal Justice Today 19 INSIDE CRIMINAL LAW Introduction Dying on a Prayer 108 Comparative Criminal Justice A Custom of Killing 113 Landmark Cases Lawrence V. Texas 117 Mastering Concepts The Elements of a Crime 118 You Be the Judge A Voluntary Act? 119 CJ And Technology Transdermal Alcohol Testing 89 Myth vs Reality Are Too Many Criminals Found Not The deVelOPmenT Of amerICan CrImInal laW 109 The Conception of Law 109 English Common Law 109 <strong>St</strong>are Decisis 110 WrITTen SOurCeS Of amerICan CrImInal laW 111 Constitutional Law 111 <strong>St</strong>atutory Law 112 Administrative Law 114 Case Law 114 The PurPOSeS Of CrImInal laW 115 Protect and Punish: The Legal Function of the Law 115 Maintain and Teach: The Social Function of the Law 116 The elemenTS Of a CrIme 118 Criminal Act: Actus Reus 118 Mental <strong>St</strong>ate: Mens Rea 120 Concurrence 123 Causation 123 Attendant Circumstances 123 Harm 125 defenSeS under CrImInal laW 125 Criminal Responsibility and the Law 125 Justification Criminal Defenses and the Law 130 PrOCedural SafeguardS 134 The Bill of Rights 134 Due Process 135 Chapter Summary / Key Terms / Self Assessment Answer Key / Questions for Critical Analysis / Online Resources / Notes 141–145
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