CRIMINAL JUSTICE
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Corrections
CRIME & CORRECTIONS
If you watch television, you have probably noticed that many successful shows focus on crime and the courts. The American correctional system is vital, not only because it punishes criminal offenders, but also because it employs thousands of citizens. Crime and corrections have undergone a significant transformation since the 1700s. Drawing on a long history of criminological research, current correctional policies attempt to balance punishment, retribution, deterrence, rehabilitation, and restitution.
This resource provides instruction for users to:
- Define corrections
- Identify the role of corrections in the criminal justice system
- Describe the theories of crime and its causes
- Trace the development of prisons
- Discuss the sentencing and the correctional process
- Examine the sentencing goals of corrections
- Discuss the sentencing and the correctional process
- Examine the sentencing goals of corrections
CORRECTIONAL OPTIONS
Initiated well before prisons, probation, parole, or halfway houses, jails were the first component of the U.S. correctional system. U.S. jails hold more than 600,000 inmates at any given time—and they admit many more than that every year. Jails and prisons hold various types of offenders.
Established in England, the earliest jails housed much of the vagrant population, often in deplorable conditions. While inmates no longer live in squalor, America's jails face modern challenges. In particular, overcrowding presents a significant challenge to corrections personnel, a problem that may be addressed through alternatives such as probation and house arrest. The increase in mentally ill offenders and the prevalence of suicide in jails present two new challenges to the corrections system. Despite these challenges, jails continue to play a critical role within the corrections system.
This resource provides instruction for users to:
- Define terms related to correctional options
- Describe the role and functions of jails
- Describe the organization and operation of jails and the probation system
- Discuss the history of jails
- Examine issues related to jails and the probation system
- Define terms related to correctional options
- Examine issues related to jails and the probation system
- Define terms related to correctional options
- Examine issues related to jails and the probation system
- Describe the organization and operation of jails and the probation system
- Compare and contrast advantages and disadvantages to various types of intermediate sanctions
- Define terms related to correctional options
- Define intermediate sanctions
PRISONS
Prisons have been part of America's correctional system for more than 200 years. Today, corrections officials favor punishment over rehabilitation, and more than two-thirds of the inmates currently housed in federal prisons are serving mandatory sentences for drug-related crimes.
Inmates are assigned to prisons of varying security levels, depending on their personal and criminal backgrounds. Certain types of offenders may be assigned to administrative facilities. In addition, U.S. Immigration and Customs Enforcement detains large numbers of illegal aliens, and military personnel convicted of violating the military justice code are held in brigs or military prisons. Finally, an increasing number of criminal offenders are housed in private prisons. The criminal justice system continues to diversify its correctional facilities in order to manage an increasingly diverse prison population effectively.
This resource provides instruction for users to:
- Debate the effectiveness of prisons
- Define terms related to prisons
- Define the role and mission of prisons
- Analyze challenges faced by the current correctional system
- Discuss the role of prisons in the history of the U.S. criminal justice system
- Examine the differences between federal and state prison systems
- Identify types of public and private correctional systems
PAROLE AND REHABILITATION
Parole, the supervised release of a prisoner before the completion of a sentence, has been used by the U.S. corrections system since the late nineteenth century. In the 1970s, however, Robert Martinson and colleagues challenged the effectiveness of parole and other prison rehabilitation programs. Their influential study argued that no programs effectively reduced recidivism. Consequently, many states and the federal government ended the use of indeterminate sentencing and discretionary parole. The result was prison overcrowding and escalating operating budgets.
More recently, other social scientists have found that rehabilitation programs can effectively reduce recidivism. For example, one study found that supervised parolees are less likely to commit crimes than those inmates released after completing their sentences. Successfully transitioning from prison life to community life remains a difficult challenge for many criminal offenders. By guiding and closely monitoring parolee activities, parole provides one way to help these offenders make a successful transition from prison to the community.
This resource provides instruction for users to:
- Define terms related to parole and prisoner reentry into society
- Trace the historical development of parole in the United States
- Examine the steps involved in the parole process
- Examine the steps involved in the parole process
- Evaluate the effectiveness of parole
- Compare programs that assist prisoners to reenter the community
- Identify challenges of prisoner reentry to the community
ADULT OFFENDERS
The U.S. prison population has undergone significant changes in size and composition in recent years. More women, juveniles, and older people find themselves behind bars. Each type of offender presents unique challenges for prison management. The overrepresentation of racial minorities represents a persistent trend within the prison population. Criminologists continue to study whether this trend reflects a racial disparity in crime or discriminatory correctional policies.
Effective management requires that correctional personnel understand the changing demographics of the prison population. What categories of clients do the correctional agencies serve? What are the characteristics and backgrounds of different types of correctional clients? This resource begins with an overview of the offenders who make up the adult correctional system.
This resource provides instruction for users to:
- Identify the characteristics of an adult offender
- Define terms related to corrections Identify programs for the adult offender
- Compare and contrast the differences and similarities between male and female offenders
- Analyze the challenges to providing effective programs for adult offenders
SPECIAL OFFENDERS
Juveniles present several unique challenges to the corrections system in America, such as whether violent juvenile offenders should be incarcerated as adults or rehabilitated, how they should be handled by the court system and what types of punishments they should receive. During the 1700s, the American corrections system treated children as adults.
Today, juvenile offenders may be tried as adults depending on the severity of their crimes, but doing so leads to questions about whether juveniles tried and sentenced as adults should be housed with the adult prison population. Today, many juvenile offenders find themselves in adult prisons. Even so, the corrections system continues to emphasize rehabilitation of juvenile offenders to prepare them to reenter the community. To rehabilitate juvenile offenders effectively, several corrections programs target drug rehabilitation and gang activity. By identifying “special offenders,” the corrections system can develop management and rehabilitation strategies that address the unique challenges presented by these offenders.
This resource provides instruction for users to:
- Examine issues related to the juvenile justice system
- Define special offenders
- Trace the development of the juvenile justice system
- Define the categories of juvenile offenders
- Describe the challenges to dealing with special offenders
- Identify the needs of special offenders
- Define special offenders
PRISON MANAGEMENT
Broadly speaking, corrections personnel, professional staff, and service staff work to secure and rehabilitate prison inmates. Well-trained professional staff offer vocational, educational, counseling, and other treatment services. Many other individuals perform the service functions necessary for day-to-day prison operations, including preparing food, cleaning laundry, and maintaining the facility.
Corrections personnel, the largest staff component, control prisoner movement and monitor the facility in order to avoid threats to prison security that may precipitate prisoner riots. By ensuring prison security and safety, corrections personnel create an environment conducive to inmate rehabilitation. Although the effectiveness of rehabilitation programs was questioned in the 1970s, recent criminological research indicates that these programs do reduce recidivism; therefore, rehabilitation remains a central component of the corrections system.
This resource provides instruction for users to:
- Define terms related to prison management
- Examine how prisons are organized
- Explain the mission of a correctional institution
- Analyze the methods used by prisons to control inmate behavior
- Question the validity of programs within a prison
- Identify the challenges of prison management
- Describe the historical evolution of prisons
PRISON LIFE
In the 1970s, Stanford University Psychologist Philip Zimbardo conducted an experiment to try to understand how the relationship between inmates and guards shapes prison culture. Zimbardo found his experimental subjects (his students) played their parts disturbingly well. “Guards” quickly became sadistic. “Prisoners” initially rebelled and then fell into despair.
Many social scientists have studied inmate culture to help develop effective tactics for dealing with the violence, gang activity, drug use, and other problems endemic to prisons. Among other findings, these studies demonstrate that male and female inmates cultivate distinct inmate cultures and present unique problems to prison management. How would understanding inmate culture help you manage a prison population?
This resource provides instruction for users to:
- Examine the impact that a prison environment can have on inmates
- Define terms related to prison subculture
- Identify the challenges prisons face in attempting to create a positive environment for both staff and inmates
- Discuss theories on inmate culture
- Describe the function of humor in prison
- Describe the historical evolution of women's prisons
PRISON EMPLOYEES
Imagine the continuous stress of working in a prison. You will feel the threat of assault and injury and understand the need to remain vigilant. A prison staff includes administrators, correctional officers, counselors, and many other employees. Each employee helps the prison to provide a safe and secure environment that prepares inmates to reenter society, but these jobs aren't easy.
Prison personnel face challenges such as fostering positive relationships with inmates and selecting organizational and managerial tactics that would work best in a prison setting. Running a prison is unlike running any other organization. Prison personnel must work together to effectively manage and rehabilitate the inmates in their facility.
This resource provides instruction for users to:
- Define terms related to prison employees
- Define the jobs of prison staff
- Discuss the culture and organizational hierarchy for prison staff
LEGAL ISSUES IN CORRECTIONS
During the 1800s, U.S. prison inmates had no rights. Today, even though they are imprisoned, inmates have many of the same rights as other American citizens. Inmates' rights derive from the same source as all American rights: the U.S. Constitution; however, determining the legal rights of inmates remains a complex task. The corrections system seeks to balance the punishment of prisoners as criminals with their right to fair and ethical treatment as humans. That balance extends even to those inmates who have been sentenced to the ultimate punishment: death row.
This resource provides instruction for users to:
- Define terms related to legal rights of inmates and capital punishment
- Identify the source of all inmate rights
- Describe the laws that provide specific rights to inmates
- Discuss how the legal rights of inmates have evolved
- Identify the source of all inmate rights
- Describe the laws that provide specific rights to inmates
- Discuss how the legal rights of inmates have evolved
- Map the history of capital punishment Identify the source of all inmate rights
- Review litigation for capital punishment
- Debate the pros and cons of capital punishment
CORRECTIONAL CHALLENGES
The American corrections system has undergone many changes, some of which reflect shifts in managerial and rehabilitation tactics. Other changes reflect responses to public and political pressures. For example, the “tough on crime” mentality of the 1980s resulted in a dramatic increase in the size of the prison population.
As prisons' populations have grown, so too have their operating budgets. Now public officials demand that the corrections system explore alternatives to reduce the taxpayers' burden. Private prisons represent one cost-effective alternative to public prisons, but they also present ethical concerns. In the absence of valid alternatives, public officials insist that the corrections system demonstrate the value of its existing programs. Public officials are asking: do prison rehabilitation programs actually reduce recidivism? Despite claims to the contrary, recent research suggests that rehabilitation programs work. Therefore, rehabilitation will remain a goal of the corrections system.
This resource provides instruction for users to:
- Examine the role of politics to deal with the challenges faced by the correctional system
- Describe population sizes of prisons and jails
- Identify challenges faced by the correctional system
- Question the usefulness of correctional treatment programs
THE FUTURE OF CORRECTIONS
The war on drugs, coupled with a “get tough on crime” mentality, has filled U.S. prisons. These measures have also drained American taxpayers' bank accounts. Today, public officials demand that the corrections system demonstrate the value of its strategies. Corrections officers must answer two deceptively simple questions: Do their programs work? And are they cost-effective?
The corrections system of the future will likely include many elements of the traditional corrections system. Even so, criminological research and public opinion support an expanded role for rehabilitation programs, community supervision, and restorative justice. Public officials will continue to look for cost-effective alternatives to the traditional corrections system.
This resource provides instruction for users to:
- Discuss future challenges faced by the correctional system
- Evaluate the pros and cons of the current state of correctional practice
Probation & Parole
ROLE OF PROBATION AND PAROLE IN CRIMINAL JUSTICE
Probation and parole have emerged as sentencing approaches that promote both rehabilitation of the offender and a cost-effective alternative to incarceration. Although early approaches to crime control focused on punishment and deterrence, recent theories support examining the individual characteristics of the criminal in order to prevent future crimes. To increase your understanding of how probation and parole emerged in the criminal justice system, it is important to review the history of crime control and how recent theories support the use of probation and parole as sentencing alternatives.
This resource provides instruction for users to:
- Explain the American criminal justice system
- Examine why probation and parole are important in the criminal justice process
- Define crime and criminal
- Describe historical responses to crime
- Describe the Classical, Neoclassical, and Positive approaches to responding to crime
- Describe the steps in the American criminal justice system
- Examine why probation and parole are important in the criminal justice process
JUVENILE COURT AND JUVENILE JUSTICE
During the Middle Ages, juveniles accused of crimes were frequently treated the same as adults. In the 1800s, courts and community agencies took a new approach to serving children involved in criminal activity. The establishment of the first U.S. juvenile court in the late 1800s launched a movement across the country. The end result was a juvenile justice system based on parens patriae, the theory that the court has the right to act as a parent to a child in need of protection. In order to understand today's juvenile court system, you must become familiar with the history of the juvenile court, how juvenile proceedings are distinguished from criminal proceedings, and the U.S. Supreme Court cases that have shaped juvenile law.
This resource provides instruction for users to:
- Outline the history of the juvenile court
- Define status offenders Identify the common hearings held in juvenile court
- Describe the procedures in juvenile court
- Explain the purpose of a predisposition report by providing examples of the type of information it contains
- Analyze several different models of how juveniles are handled at the disposition stage of the juvenile court process
- Describe how juveniles can be waived to adult court
- Examine how legal decisions have impacted juveniles' due process
JUVENILE PROBATION, INSTITUTIONS, AND AFTERCARE
Under the doctrine of parens patriae, juvenile courts have developed a variety of approaches to serve juveniles adjudicated delinquent. When appropriate, courts may access probation supervision, treatment services, or even incarceration to promote the goal of rehabilitation. Options for disposition range from probation to more restrictive options such as group homes.
Each state has its own approach to the management of juvenile delinquents, but all encounter challenges in managing juveniles in a correctional setting, especially if youths are placed in adult correctional facilities. As you might expect, when placed with adults, youths exhibit increased violence and other behavioral problems. Which disposition options are the most cost-effective while also providing the proper level of restraint, reeducation, and behavioral modification youth offenders need?
This resource provides instruction for users to:
- Describe the various juvenile treatment options and facilities
- Identify the various juvenile dispositions that are available
- Describe juvenile probation supervision
- Describe the goals and process of juvenile aftercare and parole
- Describe youth authority services
- Identify the challenges that occur when a juvenile is tried in adult court
- Explain the administration of juvenile services
PROBATION AND THE COURTS: HISTORY AND ADMINISTRATION
At both the state and federal level, a system of trial and appellate courts administer the law. The highest court in each state is its supreme court, which hears cases on appeal. The court of last resort is the Supreme Court. Each court has limited jurisdiction which determines the cases it will hear. Using probation as a community-based sentencing alternative, both state and federal courts have the ability to divert offenders from jails or prisons in favor of providing them with access to supervision and social services.
Imagining a time when probation was not a sentencing option is difficult, but like parole, probation has only been common practice since the early twentieth century. In today's juvenile and criminal justice systems, however, judges rely heavily on probation services to provide pretrial services, presentence investigations, and post sentence supervision.
This resource provides instruction for users to:
- Describe the federal and state court systems
- Outline the history of probation
- Describe the administration of probation
- Identify when probation can be granted
- Identify common conditions of probation
- Describe the objective of probation supervision
- Describe what can happen when probation is violated
SENTENCING AND PRESENTENCE INVESTIGATION (PSI)
At the sentencing phase, judges frequently have discretion in the length and type of sentence to impose, including the conditions of probation. Except in cases where mandatory periods of incarceration are ordered, the court may craft a sentence in proportion to the crime and to serve the needs of the individual defendant. This sentence may include incarceration, probation services, mental health services, or all of the above.
Pre-Sentence Investigation (PSI) reports assist judges in crafting sentences that comply with state statutes, promote public safety, and assist the defendant with accessing social services. The presentence investigation report includes an in-depth interview with the defendant that helps to uncover his or her personal circumstances both before and after the crime. Probation officers conduct PSI interviews. Probation officers also create pre-plea investigation reports (PPI) when needed. A PPI is typically ordered whenever a plea bargain is being considered. A pre-plea investigation contains recommendations for sentencing and treatment. Even though they are valuable, some find the use of a PSI report to be controversial.
This resource provides instruction for users to:
- Explain the purposes of the PSI report
- Outline the content of a PSI report
- Describe how to gather information for a PSI report
- Differentiate between short and long form PSI reports
- Assess the impact of sentencing guidelines and mandatory sentences on the PSI report
- Explain plea bargaining and the pre-plea investigation
- Examine the controversy regarding confidentiality of the PSI report
- Describe the criticisms of the PSI report
AMERICAN PRISONS AND COMMUNITY-BASED CORRECTIONS
As evidenced by the current prison population, incarceration remains a popular sentencing option for criminal court judges in the United States. In some cases, prison sentences are mandated by statutes. In others, prison time is a response to a violation of community supervision such as probation or parole. U.S. incarceration rates and the U.S. prison population are the highest in the world and continue to grow.
Prisons were once factories of labor, employed by the state or hired out to private industry. Although prison labor is still used today, it's not performed under the same harsh conditions it once was. Courts have stepped in to guarantee certain basic rights to prisoners, including due process and reasonable punishment. But the overcrowding problems remain. What can the people in charge of keeping the country safe and violent offenders behind bars do to solve this problem?
This resource provides instruction for users to:
- Describe early prisons and prison systems
- Describe the various systems of convict labor
- Explain the concept of the "Big House" prison and the evolution of a corrections approach
- Examine America's prison crisis
- Describe contemporary correctional institutions and the issues within them
- Analyze how various court decisions have impacted prison management
- Describe community-based corrections and private prisons
- Describe community-based corrections and private prisons
PAROLE AND THE INDETERMINATE SENTENCE
Parole supervision has been widely used in American corrections and is based on the belief that people can change their behavior for the better. Parole developed in the nineteenth century and was used to encourage inmates to change their behavior. Eventually, some system of parole was adopted by all the states. In recent years, because of changes in sentencing statutes, the role of the parole board and parole supervisors have also evolved. Sentences can be determinate or indeterminate (open-ended); parole boards have influence over the length of indeterminate sentences.
In order to determine when an inmate is ready for parole, a parole board examines many factors, including an inmate's behavior while incarcerated. Does parole help to ensure equal sentencing for the same crime, or is it only a tool that's used to control prison overcrowding? After you understand the history of parole and how the corrections model supports the use of indeterminate sentencing, you'll be able to decide for yourself.
This resource provides instruction for users to:
- Outline how parole was developed in the United States
- Define parole and provide early examples of its use
- Define indeterminate and determinate sentencing
- Describe the effect of determinate sentencing on prosecutorial discretion and disparate justice
- Describe how the different models for dealing with crime can affect the availability of parole
- Describe the reality of why parole is currently used in the United States
- Define indeterminate and determinate sentencing
PAROLE ADMINISTRATION AND SERVICES
In many states, parole is a significant component of the correctional system and includes the parole board, institutional parole services, and field parole services. The divisions of parole may be administered differently from state to state, but they all work together to provide offenders an opportunity for early release.
Under the consolidated model, parole also handles supervision of inmates out on parole. Parole may be granted for various reasons, but typically the severity of the inmate's crime and his criminal history play an important part. After release, field parole services takes over, providing the necessary supervision and support the parolee needs to succeed. The length of parole varies by state, but in all states, it is the parole agent who monitors a parolee's compliance with the conditions of his or her parole. But do all inmates have a right to be considered for parole?
This resource provides instruction for users to:
- Explain how parole services are administered
- Define conditional release
- Explain parole board procedures
- Describe the role of the parole board
- List the responsibilities of institutional and field services parole staff
- Describe conditions of parole and how the length of supervision is determined
- Explain the different types of parole violations and the revocation process
- Examine how legal decisions have impacted parole
- Identify the different types of clemency
REHABILITATION: THEORY AND PRACTICE
Whether offenders can change their behavior has been the subject of considerable debate. While some offenders are viewed as victims of circumstance, others have a history of criminal activity that is viewed as chronic and irreversible. Based on scientific research, behavior modification is possible, but the challenge is to create an environment that will support the conditions required for change to occur. Sometimes, this involves constant supervision, sometimes through the use of electronic monitoring.
It is important to understand the different approaches to behavior modification and how they may be used with an offender population. A good place to start in building the necessary understanding on how best to help an offender modify his or her behavior is with Freud. Freud's theories closely follow the stages of normal psychological growth, and the problems that result when these stages are interrupted. With this understanding, you can apply the interventions central to social casework in order to help an offender. Behavior modification and reality therapy are two other ways in which a parole/probation officer can help an offender keep from reoffending. To apply these techniques successfully, an understanding of the causes of crime, the theories of Freud, and the principles of Skinner will help.
This resource provides instruction for users to:
- Define rehabilitation theory
- Explain psychoanalytic theory
- Describe the aspects of social casework
- Describe the learning theory and behavior modification modes of rehabilitation
- Examine how group work can play a role in rehabilitation
- Explain sociological theories of crime causation as they relate to rehabilitation
PROBATION AND PAROLE OFFICERS
The duties of probation and parole officers are similar, and in some states, the offices of probation and parole are consolidated under one agency. The essential duties of probation and parole officers can be performed in different ways, based in either a rehabilitative approach or a law enforcement approach. Often, an officer is required to perform a variety of duties ranging from advocate to educator, or from counselor to enforcer.
The control model of probation/parole functions focuses on control-oriented activities such as enforcement of rules. The social service model, on the other hand, focuses on providing social services to the client. Whether or not an officer should attempt to also deliver rehabilitative services personally remains to be seen. When considering who to hire for a parole or probation officer, an agency may look at specific qualifications or from recommendations from within. In any case, it is important to understand the common duties of probation and parole officers and how officers and departments adopt a balanced approach to supervision.
This resource provides instruction for users to:
- Identify the tasks of probation and parole officers
- Examine the agency models and how they impact the role of probation and parole officers
- Analyze how probation and parole officers can serve as agents of rehabilitation, advocates, and law enforcement agents
- Describe how probation and parole officers are selected
- Identify the personal qualities of probation and parole officers
- Explain how volunteers assist in probation
- Describe the legal liabilities of probation and parole officers
PROBATION AND PAROLE SUPERVISION
Probation and parole is a profession tasked with protecting public safety and attending to the needs of offenders. Balancing the two can be difficult, but assessments identifying risks and needs can assist officers in developing supervision plans and determining appropriate workload distribution. The criteria used to classify offenders for workload purposes vary, but typically both the characteristics of the offender and the type of crime committed are the main focus.
One of the keys to successful rehabilitation of most offenders is their ability to find and maintain adequate employment. Many things stand in the way of an offender landing a good job however, first is the reluctance of most employers to want to employ an offender. But even with such willingness, an offender's lack of social skills, education, and relevant job experience often stand in the way of employment. Sometimes restorative justice and its focus on the victim, is applied to an offender to help him pay for his crime. Elsewhere, community justice might be employed to address the effects of crime on society as a whole.
This resource provides instruction for users to:
- Explain how classification is used in probation and parole
- Describe the case assignment process
- Outline the initial interview
- Explain pretrial and ongoing supervision
- Explain the correlation between offender employment and recidivism
- Examine how the stigma of conviction affects ex-offenders
- Describe restorative justice
- Describe community justice
SPECIAL PROBLEMS AND PROGRAMS
Although all offenders have been convicted of a crime, they possess a wide range of characteristics that a probation or parole officer must address in order to promote rehabilitation and protect public safety. Many agencies have developed specialized programming and services to assist offenders diagnosed with health and mental health disorders or who have been identified as being at a high risk to reoffend.
One issue that officers often face is an offender's history of drug or alcohol abuse, which must be addressed immediately if the officer wants to keep any chance of lowering an offender's risk of recidivism. Offenders with HIV/AIDS and those who are sex offenders also offer special challenges to the parole/probation officer. Offenders who are mentally handicapped must also be handled differently by the parole/probation officer because of their special needs. But how can probation and parole officers best serve these special populations given their large caseloads and lack of special training? What have states done to address these unique issues?
This resource provides instruction for users to:
- Analyze the impact of substance abuse on probation and parole
- Explain how sex offenders need to be treated and supervised differently than other offenders
- Identify the goals of each model of probation and parole
- Examine the issues associated with offenders who have HIV or AIDS
- Describe how DWI or DUI offenders strain the corrections system
- Explain how mentally handicapped offenders present supervision problems
- Describe how states use work release programs and halfway houses
- Describe how states cooperate through interstate compacts
- Explain extensive probation and parole supervision
- Examine the research findings regarding intensive supervision
- Identify the goals of each model of probation and parole
- Analyze the difficulty in determining the success or failure of probation and parole
- Describe how felony probation differs from less serious offenses
Homeland Security
WHAT IS HOMELAND SECURITY?
What is homeland security? If you were to ask five people on the street to define homeland security, you would likely get five different answers. Responses may vary from an agency of the federal government and military to a medical community and fire departments. People may also define homeland security as everybody's responsibility. All these definitions would be correct, but none of them would be complete.
Many Americans associate the concept of homeland security with the aftermath of the events of September 11, 2001. True, the Department of Homeland Security (DHS) was established following these events. However, terrorists have been attacking Americans, American facilities, and American interests at home and abroad for decades. The high profile nature of the 9/11 attacks, the political climate of the time, and the extensive media coverage all played a role in establishing DHS. Each of these components made the government and the public aware of the need for increased coordination between agencies in preventing and responding to terrorist attacks. This resource takes you through an evaluative process to help you understand homeland security and how each of us fits into the picture.
This resource provides instruction for users to:
- Describe how national security policy was viewed and reported prior to 9/11
- Describe how the DHS relates to the three branches of government
- Compare approaches to national security before and after the 9/11 attacks
- Examine the circumstances leading to the creation of the Department of Homeland Security (DHS)
- State the mission of the DHS
- List the agencies brought under the umbrella of the Department of Homeland Security
- List the six critical mission areas of the National Strategy for Homeland Security (NSHS)
- Identify the five directorates and their responsibilities
- Describe the Patriot Act and its impact on national security policy
- Identify the relationship between homeland security and national security functions
TERRORISM
For many Americans, terrorism began on September 11, 2001, with the attacks on the World Trade Center and the Pentagon. This may have been the first terrorist attack by international actors on domestic soil, but acts of terrorism have occurred since the beginning of recorded history. For as long as humans have been on earth, leaders have been assassinated and groups and individuals have committed violent acts in the name of achieving some variation of the "greater good."
The terminology used to describe terrorism and terrorists is derived from ancient history. The Zealots, a religious-based group that targeted primarily Romans, committed broad-daylight murders in front of witnesses to "send a message" to authorities and those who collaborated with the authorities in the first century of the Common Era. The Thugees, an Indian religious group, killed innocent people as part of ritualistic sacrifice. Estimates say they might have been responsible for more than a million murders from the 1300s to the early 1800s. In fact, the name of this group is the origin of the word thug. Terrorism and terrorists come in many different forms. As terrorists become more sophisticated in motives and tactics, those who work to prevent or respond to their activities must also become increasingly sophisticated.
This resource provides instruction for users to:
- Describe common definitions of terrorism
- Describe the historical perspective of terrorism
- Identify common components associated with terrorism
- List the types and tactics of terrorism
- Describe the difference between antiterrorism efforts and counterterrorism tactics
INTELLIGENCE
What exactly is intelligence, and what do officials do with it once they have it? Many questions arose following the events of September 11, 2001, particularly about whether better intelligence could have prevented the attacks. The report of the 9/11 Commission seemed to indicate that a number of governmental agencies had pieces of information about a planned terrorist attack by al-Qaeda, but none had enough information to understand the significance of the threat or to be able to respond to it. What became apparent following September 11, 2001, was that an intelligence structure that may have been effective in protecting the United States and its interests during the Cold War was no longer effective in the age of modern terrorism. The report of the 9/11 Commission showed little coordination of efforts and sharing of information between the agencies responsible for gathering intelligence. Intelligence gathering is a process of connecting the dots between people, places, and events, which may appear to be unrelated upon first examination. Once the connections are made, the analysis must reach the people who are able to use the information. Intelligence is not a cure for terrorism, but when used effectively, is an important tool in the fight against it. This resource provides instruction for users to: Differentiate between intelligence and information Differentiate between strategic, operational, and tactical intelligence Compare how the law enforcement community and the intelligence community define and use intelligence Describe the purpose and steps of the intelligence cycle Describe the types and phases of intelligence briefings Analyze intelligence for reporting in an intelligence brief
CRITICAL INFRASTRUCTURE
Protecting the nation's infrastructure is a priority for the Department of Homeland Security (DHS) because damage to it can have far-reaching effects on large numbers of people. Protecting the nation's infrastructure from attack is one of the primary responsibilities of the DHS. Attacks carried out on critical infrastructure and key resources (CIKR) could have devastating effects that would potentially disrupt the functioning of government and business and create a domino effect on other sectors of the nation's infrastructure.
Direct terrorist attacks and natural, human-made, or technological hazards could produce catastrophic losses in terms of human casualties, property destruction, and economic effects. Direct terrorist attacks could also cause profound damage to public morale and confidence. The DHS has identified 17 CIKR sectors that are a priority for increased security measures in the aftermath of the 9/11 attacks. Critical infrastructure protection includes strategies, policies, and preparedness measures designed to protect these important assets.
This resource provides instruction for users to:
- Define the terms critical infrastructure and key resources
- Explain the relationship between the public and private sectors in the context of homeland security Describe critical infrastructure and key resources from a U.S. historical perspective
- Describe the applications of proactive terror threat assessment
- Describe behavioral profiling
- Describe the rationale for post-incident investigations
- Describe the applications of proactive terror threat assessment
CYBER TERRORISM
People all over the world today are more dependent on computer technology than ever before, which means they are also more susceptible to computer crime and cyber terrorism than ever before. Cyber terrorism has become more prominent in today's society as the Internet has become a necessity in daily life.
Using the Internet, terrorists and criminals can hide within cyberspace and take advantage of a high degree of anonymity without worrying about the threats that would exist if they were physically present at the scene of a crime or attack. With the expansion of the Internet, computer systems have become more complex and independent. Sabotage and terrorism pose serious threats. Cyber terrorists could launch a large-scale attack by making use of various computer systems to sabotage critical infrastructure. Cyber terrorism is a real and effective method of attack.
This resource provides instruction for users to:
- Discuss the negative consequences of cyber terrorism
- Describe ways in which cyber terrorists use technology
- Describe the difference between cyber crime and cyber terrorism Identify the tools used by cyber terrorists
- Examine measures to identify and remedy cyber vulnerabilities
TRANSPORTATION
Just about everything you do has some connection to the nation's transportation system. Imagine if a terrorist blew up a bridge and kept food and other supplies from being delivered to a major U.S. city. Imagine rescue efforts being hindered by the damage from such a terrorist attack. Now you can understand why the Department of Homeland Security (DHS) has put such a focus on the security of the transportation sector. Transportation systems are a favorite target of terrorists because of their easy access and the potential for wide-ranging impact with a successful attack.
Since the events of September 11, 2001, public attention has been focused primarily on making air travel safer. However, the nation's rails, ships, and trucks are also at risk, along with highways, tunnels, and bridges. One of DHS's biggest challenges has been balancing the need to keep the transportation infrastructure secure without causing major disruption to the flow of people and goods.
This resource provides instruction for users to:
- Identify the principle federal agencies involved in providing security for transportation systems
- Describe the principle hazards and vulnerabilities faced by the various modes of transportation
- Identify the local, national, and international interconnections among the various modes of mass transportation
- Research the initiatives being implemented to improve security for transportation systems in the United States
PUBLIC HEALTH
In popular horror movies, a common plot theme involves a biological agent that destroys civilization or creates zombie hordes that terrorize the uninfected few. The bad news is that pandemics and weaponized biological agents are a real threat, and the aftermath could be nearly as terrifying as what is portrayed in the movies. Throughout history, civilizations have used biological weapons against each other for political and economic ends. This is why the Department of Homeland Security (DHS) and the U.S. Centers for Disease Control and Prevention (CDC) take threats to public health seriously. We've all just lived through the global pandemic caused by Covid-19 and now have an new understanding of the kind of impact these threats have on every day society and government.
This resource provides instruction for users to:
- Define pandemic Identify historical examples of flu pandemics
- Describe the role of vaccines during a pandemic
- Examine the use of biological agents as weapons
- Differentiate among the categories of biological priority agents
- Examine the role of the Centers for Disease Control and Prevention (CDC)
- Describe future goals for federal public health preparedness
NATIONAL RESPONSE FRAMEWORK (NRF)
The National Incident Management System (NIMS) is the U.S. response plan to catastrophic events. It is a logistical and communicational model shared by the emergency response agencies under the Department of Homeland Security. The National Response Framework (NRF), including NIMS, is part of the Homeland Security Act and is maintained by and disseminated to all emergency response departments and administrators by FEMA.
This resource provides instruction for users to:
- Describe the difference among catastrophic events, emergencies, and disasters
- Identify how catastrophic events are measured
- Describe the difference between technological disasters and natural disasters
- Describe how human encroachment upon the natural environment has affected human exposure to natural hazards
- Describe the impact terrorism has had on the types of threats that emergency managers must confront
- Explain the factors that have contributed to an increasing salience of emergency management in American society
EMERGENCY MANAGEMENT
Disasters and catastrophes have occurred throughout human history. The ability to respond to them effectively helps save lives and property. Humans have struggled to survive emergencies and disasters both natural and artificial. Anthropologists argue that the need for protection from natural disasters and against predation from other animals and people drove the development of human civilization and technology. Recent experiences with the 2004 tsunami in Indonesia, Hurricane Katrina in New Orleans, and the events of September 11, 2001, demonstrate that that this drive remains central to the human experience.
This resource provides instruction for users to:
- Describe the history of the federal emergency management organizations in the United States
- Identify pre-impact conditions and various physical and social vulnerabilities
- Define the elements of a response protocol
INCIDENT COMMAND SYSTEM (ICS)
Imagine wanting to help at Ground Zero following the attacks of September 11, 2001. You arrive at the site with a shovel and good intentions, but you have no idea where to start. You don't even know if being there is safe. This scenario represents just one of the reasons why the Incident Command System (ICS) has been put in place to handle emergencies of all sizes and descriptions. The ICS is a systematic tool used in the management of emergencies that was developed in 1968 to improve the response to seasonal wildfires in California and Arizona. Many federal, state, and local agencies adopted the system because it proved to be an effective and efficient tool for responding to emergencies. The ICS establishes a clear chain of command and reporting relationships among the various agencies involved in responding to an incident. There is an incident commander (IC), who oversees management of the entire incident. Under the IC, personnel are in charge of the primary functions of operations, planning, logistics, and finance and administration. The modular structure of the ICS enables components and personnel to be added or removed according to the size and complexity of the incident. This resource provides instruction for users to: Define Incident Command System (ICS) Identify the role of the Incident Commander (IC) Describe the importance of comprehensive resource management Describe the purpose of the Standardized Emergency Management System (SEMS) Explain the rationale for the ICS and the benefits it provides
ALL-HAZARDS APPROACH
Disasters are fluid and unpredictable events that affect enormous numbers of lives. Having plans in place and procedures to follow helps mitigate chaos at the disaster's beginning and ensures the best possible long-term outcome. Emergency planners know that no single federal, state, or local agency has all the sources needed to prepare for or respond to an emergency. The all-hazards approach ensures that a network of federal, state, and local agencies is involved in preparing for an emergency.
This same approach is effective in responding to emergencies for which no advance preparation is possible, such as earthquakes. An all-hazards approach to emergency management means that response systems are designed to be readily available with a coordinated response to any type of emergency.
This resource provides instruction for users to:
- Describe the all-hazards approach to emergency management
- Identify the role of the National Disaster Medical System (NDMS) in disaster management
- Identify areas in which the NYPD's response to the 9/11 attacks indicated good prior planning or showed the need for more thorough planning
- Describe the purpose and function of the National Incident Management System (NIMS)
- Describe how multiple responding agencies are coordinated
ICS ROLES AND PROCEDURES
An incident is defined as an occurrence caused by humans or by natural phenomena that requires response actions to minimize loss or damage to life, property, or the environment. Incidents requiring an emergency response occur in every location in the United States each day. Most incidents are small enough to be handled by one or two resources with minimal personnel. A person suffering a minor workplace injury needing transport to the emergency department would be an example of a low-level incident.
What these types of incidents have in common is the presence of an Incident Command System (ICS). The ICS allows users to adopt an integrated organizational structure to match the complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries. The ICS is now used by most response agencies in the United States. The characteristics that make ICS effective include common terminology, flexible organization, integrated communication, unified command, transfer of command, and accountability. When an effective ICS is in place, the Incident Commander is clearly in charge and has effectively delegated responsibilities for the major functions of the ICS. Also, chains of command and communication are clear and operational objectives are well defined.
This resource provides instruction for users to:
- Identify the organizational structure for an Incident Command System (ICS) disaster response
- Identify the purpose of an Incident Action Plan (IAP)
- Describe the difference between the National Incident Management System (NIMS) and the ICS
- Write an emergency plan and response
ETHICS
What does the term ethics mean to you? If you ask five different people this question, you will probably get five different answers. For some people, ethics is the difference between right and wrong. For others, ethics are based on a person's religious beliefs. Some people believe ethics means doing what the law requires. Some people simply admit they have no idea what ethics is. Everyone has had to make difficult decisions in his or her life at some point. Many people have made choices that seemed right at one time but proved to be wrong later.
Decision makers in the Global War on Terror (GWOT) have had to make difficult decisions. If you were responsible for the GWOT, you might have to ask yourself some hard questions: Should you submit to terrorist demands or let innocent hostages die? How many lives are worth sacrificing to save one person? Should you attack an enemy who uses human shields in combat? Should you try to save a child who is armed as a suicide bomber? The purpose of understanding ethics is to promote thought, not to present a specific point of view as right or wrong. Submit to terrorist demands or let innocent hostages die? How many lives is it worth to save one person? How do you cope with an enemy who uses human shields in combat? What do you do if a child is armed as a suicide bomber?
This resource provides instruction for users to:
- Describe the philosophical perspective on ethics
- Discuss the practice of torture by proxy
- Identify the leadership selection process in the war on terror
- Explain norms in relation to ethical considerations
- Describe the issue of looting after a disaster
EMERGENCY COMMUNICATIONS
As events occur and unfold, communication often becomes one of the greatest obstacles to an effective emergency response, resulting in confusion and inefficiency. In most situations, adequate personnel and equipment are ready to help, but limitations to or breakdowns in communication cause costly delays in getting those resources directly to the areas that desperately need it.
This resource provides instruction for users to:
- Describe how technology can be used for emergency planning, participation, and response
- Identify the common and alternative systems and technologies used in emergencies
- Describe the evolution of communications technology in the context of incident response
- Write a response plan to a hypothetical emergency situation
- Identify the common and alternative systems and technologies used in emergencies
- Discuss the resources learned from past communications mistakes
CAREERS AND THE ROLE OF EDUCATION
The greatest asset the Department of Homeland Security has is you. As an informed citizen, you pay attention to the news. When you see something, you say something. You follow directions from authorities when an incident occurs in your area, and you reach out to help others.
Almost every career field has a homeland security role. Some of those roles are more prominent than others. People who serve in security and safety roles in industry or business might be deployed to evacuate their fellow employees from a building during an emergency. The plumber who came to your house to fix the water heater last week might be deployed to assist public utility workers in shutting off water and power in an emergency or in reconstructing those assets during recovery efforts. The possibilities for people coming together to help in preventing and responding to emergencies are endless. In the aftermath of September 11, 2001, and Hurricane Katrina, thousands of people reached out to help others, either through their work or as volunteers.
This resource provides instruction for users to:
- Examine security protection and incident response for medical facilities
- Examine security protection and incident response for businesses
- Examine security protection and incident response for public utility workers
- Examine security protection and incident response for emergency responders
- Examine security protection and incident response for social service providers
- Describe the role of education in homeland security
Criminal Investigation
CRIMINAL INVESTIGATION
For many of us, our knowledge of criminal investigation is derived from novels, television media, and crime dramas. Criminal investigation relies on modern technology such as digital imaging, laser fingerprint removal, and instant communication. To understand the practices of today, one must understand the evolution of policing and criminal investigation between the thirteenth and nineteenth centuries.
The United States' roots in criminal investigation began in Great Britain and resulted in the establishment of the first professional police force. To gain an understanding of what is meant by the term criminal investigation, you will review the history of and the types of criminal investigations, the role of the investigator, and the advancements in investigation that have resulted from criminal research.
This resource provides instruction for users to:
- Define terms related to criminal investigation
- Outline criminal investigation and English heritage
- Map criminal investigation in America
- Review criminal investigation research
- Identify the objectives of criminal investigation Identify types of investigations
- Describe the role of the criminal investigator
- Discuss the role of evidence at the scene
- Summarize the First Officer's responsibilities
- Chart the process of preliminary investigations
THE CRIME SCENE AND CRIME LAB
Movies and television dramas depict busy crime scene investigations with police officers gathering evidence, dusting for fingerprints, and taking photographs. One or more detectives carry notepads and tape recorders documenting their observations and interviews with witnesses. Crime scene investigation is the first step in the process of bringing a suspect to justice. Investigators have many techniques and tools available to assist them.
To increase your understanding of how a crime scene is documented, you will study field notes, forensic testing, and the other techniques used to piece together the events leading up to a crime and identify criminal suspects.
This resource provides instruction for users to:
- Describe the use of field notes
- Define terms related to the crime scene
- Explain the official police report
- Discuss photographic evidence
- Identify the function of the crime lab
- Describe equipment and techniques used in a crime lab
INTELLIGENCE & SURVEILLANCE
Short of catching a criminal in the act, how do law enforcement officers gather the information they need to identify a suspect and bring that person to justice? Because criminals are rarely caught "red handed," law enforcement officers have developed overt and covert methods to gather necessary information. The term surveillance refers to the various methods of gathering information. Criminal intelligence is the term for information gathered through surveillance methods. In order for law enforcement officers to perform their jobs, they must know how to gather criminal intelligence, understand the undercover working environment, and know how to use different types of surveillance methods. This resource provides instruction for users to: Define terms related to criminal intelligence Identify types of criminal intelligence Summarize the procedures for criminal intelligence Describe undercover operations Paraphrase the undercover working environment Discuss surveillance operations Define terms related to undercover and surveillance operations Describe undercover operations Paraphrase the undercover working environment Discuss surveillance operations Define terms related to undercover and surveillance operations
SEARCH AND SEIZURE AND MAKING THE ARREST
Search, seizure, and arrest are routinely part of criminal investigations. However, if any of these acts are not conducted properly, a case could be dismissed. The U.S. Constitution affords crime suspects certain rights during the investigation process that must be followed for the search, seizure, and arrest to be considered lawful. During the crime search, an officer is tasked with gathering, preserving, and handling evidence using established protocols. In the best of circumstances, this process will lead to the suspect's arrest.
This resource provides instruction for users to:
- Define terms related to search and seizure
- Define terms related to making arrests
- Identify legal guidelines for searches
- Explain the exclusionary rule
- Describe types of searches
- Compare and contrast searches with and without a warrant
- Analyze the process of searching and collecting evidence
- Examine evidence handling Examine the process of making an arrest
- Question the use of force in an arrest
INTERVIEWS, INTERROGATIONS, AND INFORMANTS
During an investigation, an officer has many tools available to accomplish the primary goal at hand, apprehending a suspect. Three important tactics used by officers include interviews, interrogations, and informants. To illustrate the role of each of these during an investigation, you will analyze the distinction between interviews and interrogations, the procedures for conducting lawful interrogations, and how informants are identified and managed. This resource provides instruction for users to: Define terms related to interviews Define terms related to interrogations Differentiate between interviews and interrogations Describe the interview process Summarize the procedures of interrogations Identify types of confessions Define terms related to informants Describe the interview process Paraphrase who informants are Examine the management of informants
WRONGFUL DEATH
Television crime dramas invariably depict homicide investigations. They commonly feature two detectives asking questions and taking notes, a crime scene photographer, and one or more persons collecting physical evidence. But is this the reality of a crime investigation? To increase your understanding of how wrongful deaths are investigated, you will review the duties of the first officer on a scene, how to protect a crime scene, the techniques used in identifying victims, and the challenges associated with homicide investigations.
This resource provides instruction for users to:
- Define terms related to wrongful death
- Identify types of wrongful deaths
- Explain how the victim is identified
- Differentiate between the four modes of death
- Describe how time of death is estimated
- Discuss evidence used in identifying wrongful death
ROBBERY, ASSAULT, AND RELATED OFFENSES
Although murder is the most serious of violent crimes, other crimes can also have devastating effects on a victim. If you or someone you know has ever been a victim of a violent crime, you are aware that the emotional effects of these crimes can linger long after any physical wounds have healed. To understand more about violent crime, it's important to understand the elements of robbery, assault, and other related offenses and how these crimes are investigated.
This resource provides instruction for users to:
- Define terms related to robbery
- Define terms related to assault and related offenses
- Identify types of robbery Identify types of robbers
- Describe robbery offenses
- Differentiate between the legal classifications of assault
- Summarize domestic violence
- Paraphrase elder abuse
- Outline the process of investigating robberies
- Outline the process of investigating assaults
- Describe stalking as an assault
SEX OFFENSES, CHILD ABUSE, AND NEGLECT
Did you know that only one in four cases of forcible rape is ever reported to law enforcement authorities? Because of the embarrassment and other injuries sustained by victims, these cases present special issues for investigators to consider. Child abuse and neglect cases are also difficult to investigate due to a child's limited ability to communicate with investigators. To effectively handle cases of abuse, neglect, and sexual crimes, investigators must be well trained in interview techniques, the typologies of sex crime perpetrators, and the impact that these crimes have on victims.
This resource provides instruction for users to:
- Define terms related to sex offenses
- Summarize nuisance sex offenses
- Describe the role of the sex-crime investigator
- Summarize forcible rape
- Outline the process of investigating rape
- Describe the profiling of the rapist
- Define terms related to child abuse
- Identify guidelines for investigating child homicide
- Explain the sexual abuse of children
- Classify assaults against children
- Show the steps of investigating battered child syndrome
- Define terms related to neglect
- Describe children as witnesses
- Recognize the child molester
- Diagram how missing and abducted children are investigated
BURGLARY AND LARCENY-THEFT
How many times each day are you a witness to a crime? If someone commits a violent offense such as assault in your presence, you would likely notice. But what about less overt crimes? Burglary, larceny-theft, and other property crimes occur with such frequency and discretion that sometimes you may be unaware you are witnessing one.
To gain an understanding of the impact of burglary, larceny-theft, and other property crimes, it's important to understand the elements of each crime, the profiles of professional and amateur criminals, and the issues that officers must consider when investigating such crimes.
This resource provides instruction for users to:
- Define terms related to burglaries
- Identify types of burglaries
- Categorize types of burglars
- Differentiate between robbery and burglary
- Describe burglaries as a criminal offense
- Chart the process of investigating burglaries
- Define terms related to larceny-theft
- Identify types of larceny-theft offenses
- Discuss larceny-theft offenses
- Describe how stolen property is traced
- Outline how larceny-theft is investigated
MOTOR VEHICLE THEFT, ARSON, AND BOMBINGS
Almost every popular action movie involves car thieves, burning buildings, and explosives. While these elements tend to be the active ingredients for a Hollywood blockbuster, motor vehicle theft offenses, arsons, and bombings all come with significant property loss and the potential loss of human life. To understand how law enforcement officers investigate these crimes, you will examine the common methods of operation used by these criminals, criminal motivation, and the profile of a fire setter.
This resource provides instruction for users to:
- Define terms related to motor vehicle theft
- Describe motivations for motor vehicle theft
- Explain how stolen vehicles are disguised
- Trace the process of investigating motor vehicle theft
- Identify elements of arson
- Discuss bombing as a criminal offense
- Describe how arson is investigated
- Discuss the investigation of bombings
- Define terms related to arson
- Define terms related to bombings
DRUG OFFENSES AND WHITE-COLLAR CRIME
Drug offenses and white-collar crimes differ significantly in their activities and the characters involved, but their objectives are the same: financial gain. The amount of resources dedicated to investigating drug offenses and white-collar crimes at the local, state, and federal levels is on the rise. To understand the impact of such crimes on society, you will explore the prevalence of substance abuse, the types of crimes associated with controlled substances, and the range of white-collar crimes investigated by law enforcement.
This resource provides instruction for users to:
- Define terms related to drug offenses
- Identify principles of drug abuse
- Summarize drug laws
- Define terms related to white-collar crime
- Differentiate between the types of white-collar crime
- Analyze the process and ways of investigating drug offenses
- Examine ways to investigate white-collar crimes
PREPARATION FOR COURT
In today's diverse and fast-paced world, policy makers are faced with ever-changing challenges to public safety. The history of American public policy demonstrates that government officials take the problem of crime quite seriously. Unfortunately, American history also teaches us that government officials are sometimes eager to implement policies that criminological research suggests simply will not work.
Most criminologists agree that effective public policy must hold the criminal offender accountable and address the social conditions that promote criminal activity. Policies based on this premise and informed by sound criminological research will allow law enforcement and government officials to meet the challenges presented by future criminals.
This resource provides instruction for users to:
- Describe federal anti-crime initiatives
- Identify crime control strategies
- Define victim-impact statements
- Define victim restitution
- Review criminology's impact on social policy
- Discuss symbolism and public policy
- Map the history of the victim
- Describe victims' rights
- Describe possible future crimes
- Identify future research directions of crime
- Explain future criminology theories
- Examine how future policies will be developed
Criminology
THE PICTURE OF CRIME
From 1978 until 1995, the Unabomber, terrorized the nation using seemingly harmless mail and postal packages. He successfully kept his true identity a secret and eluded every branch of law enforcement for almost 20 years. It was only after the publication of his 35,000-word Manifesto that his own brother recognized the ramblings of a killer. In coming forward, David Kaczynski ended his brother Ted Kaczynski's reign of terror that resulted in 3 fatalities and 23 people injured. Not every criminal has the colorful history of a Ted Kaczynski.
Every crime is a unique combination of actors, actions, causes, contexts, and consequences. By studying criminal events and the people who commit them, criminologists attempt to understand the social, psychological, biological, and other factors that underlie crime. In turn, criminological research influences the punishments and other social policies devised to address and reduce criminal activity.
This resource provides instruction for users to:
- Define terms related to the study of crime
- Identify the role of criminologists
- Describe the theory of criminology
- Discuss social policy in terms of criminology
- Examine the social context of crime
- Describe quantitative methods and qualitative methods
- State the stages of scientific research
- Examine the importance of research and social policy
- Explain issues of ethics in research
PATTERNS OF CRIME
Is there an association between social class and crime? How about between gender and crime or between age and crime? Today, the Bureau of Justice Statistics (BJS) and the Federal Bureau of Investigation (FBI) compile U.S. crime statistics that allow us to answer these questions. These statistics indicate that men are much more likely to commit murder, rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson than women. Women are more likely to commit larceny than men.
In the United States, the National Crime Victimization Survey (NCVS), Uniform Crime Reporting (UCR) Program, and National Incident-Based Reporting System (NIBRS) gather crime statistics that allow criminologists to search for patterns in criminal activity. By studying crime statistics, criminologists and public officials can develop tactics that may help to reduce crime.
This resource provides instruction for users to:
- Define terms related to the study of crime
- Explain how statistics are gathered for major crimes
- Map the history of crime statistics Identify sources of crime statistics
- Compare and contrast Part I offenses vs. Part II offenses
- Examine four key demographic factors in the collection of crime data
THEORIES OF CRIMINOLOGY
The study of criminal behavior has been an academic pursuit since the late 18th century. Though the earliest written laws were established about 4,000 years ago, a systematic approach for analyzing criminal intent did not come about until much later. Though criminal justice and criminology are linked, they are not the same. Criminology stems from sociology and seeks to understand the causes of criminal behavior.
Understanding criminology theory enables the criminologist or police investigator to establish a profile for a suspect, such as Jane Castor, who became Tampa Florida's first female police chief. She graduated with a degree in criminology and was promoted to police chief in 2009 after 25 years in law enforcement. Many people devote their lives to trying to understand crime and to developing theories and policies to reduce criminal behavior.
This resource provides instruction for users to:
- Define terms related to the theories and principles of criminology
- Map the history of classical thought
- Identify early sources of criminal law
- List the eight basic assumptions of the classical theory
- Discuss the principles and policy implications of the classical school of thought
- Review the history of neoclassical thought
- Describe rational choice theory
- Describe punishment as it is used within neoclassical criminology
BIOLOGICAL THEORIES OF CRIMINAL BEHAVIOR
Criminology includes a long history of research attempting to link biological traits to criminal behavior. Some scientists thought that a predisposition for criminal activity could be seen in the shape of the skull. Other scientists thought that a predisposition for criminal activity could be seen in the shape of the body.
Modern science does not fully support either of these ideas. Nevertheless, recent studies do suggest that genetics, nutrition, and endocrinology may be linked to criminal behavior. Still, criminologists warn of the dangers of reducing the complexity of criminal behavior to biology alone. Criminologists suggest that criminal behavior emerges from the interplay between biology and sociology, and they view genetic, physiological, and other biological factors in this light.
This resource provides instruction for users to:
- Define the important terms related to biological theories of criminal behavior
- Define the basic concept of common biological theories of criminal behavior
- Identify common biological theories of criminal behavior
- Define the important terms related to biological theories of criminal behavior
PSYCHOLOGICAL THEORIES OF CRIMINAL BEHAVIOR
Psychologists serve many roles within the criminal justice system. Forensic psychologists testify against criminals. They help to determine if a criminal is not guilty by reason of insanity. In 1977, when Son of Sam killer, David Berkowitz, was on trial, the prosecution's forensic psychiatrist determined that Berkowitz was mentally competent to stand trial. Berkowitz told many delusional stories of demon-possessed dogs that ordered him to kill.
In addition to examining the reasons behind criminal behavior, psychologists and psychiatrists counsel victims and police officers after a traumatic event. Corrective psychologists attempt to diagnose and rehabilitate criminal offenders. They suggest punitive measures when rehabilitation is unsuccessful. Criminal psychologists consider the deleterious effects unhealthy family situations may have on a child's development. They study what factors lead children to imitate behaviors they see in the movies or in their real lives, sometimes with disastrous consequences. By investigating the connection between psychology, biology, and social development, psychologists help to shape policies that reduce crime.
This resource provides instruction for users to:
- Compare and contrast psychological theories of criminal behavior
- Explain assumptions made by various theories related to criminal behavior
- Examine policy implications of psychological theories
- Examine social policy in relation to forensic psychology
THEORIES OF SOCIAL STRUCTURE AND PROCESS
What sociological factors lead to crime within your community? What community programs could reduce or stop crime? Can the answer be as simple as cleaning up the neighborhood? Many criminologists think that sociological conditions contribute greatly to crime. Criminological research suggests that a poor, uneducated person is much more likely to engage in street crime than a rich, well-educated person.
In America, a poor, uneducated person simply does not have the same access to money, education, employment, and other socially acceptable means of achieving success that a rich, well-educated person does. Given these circumstances, crime may seem to be the only way to achieve success. And under the tutelage of gang members, vulnerable young people learn how to commit the crimes that will get them what they want. But if criminal behavior is learned from others, then community programs and other policies that foster positive social relationships can help fight crime. The Mobilization for Youth Program, the Chicago Area Project, and many other social programs attempt to foster positive social interactions and prevent criminal activity.
This resource provides instruction for users to:
- Define terms related to theories of social structure and process
- List the four major assumptions of sociological theories
- Identify the three sociological explanations for crime
- Compare and contrast sociological theories of criminology
- Examine policy implications of social structure theories
- Examine policy implications of social process theories
- Describe dramaturgy
THEORIES OF SOCIAL DEVELOPMENT AND CONFLICT
The social groups to which we belong exert strong influences on our values, ideals, and behaviors. Indeed, our social groups teach us how to behave properly. Social process theories of criminology suggest that problems with the socialization process can lead individuals to commit crime. Many communities have established social programs to reinforce the positive social relationships that teach acceptable behavior. Nevertheless, social circumstances can sometimes lead groups to conflict with each other.
In America, one of the most significant conflicts is between different socioeconomic groups. Social conflict theories of criminology suggest that a reduction in crime requires a reduction in conflict. Therefore, some criminologists think that social policies must address the social conditions that encourage conflict—including socioeconomic inequality—to effectively reduce crime.
This resource provides instruction for users to:
- Define terms related to theories of social development and conflict
- Identify seven developmental tasks of adolescents
- Describe life resource theories
- Examine policy implications of social development theories
- Compare and contrast sociological theories of criminology
- Identify three analytical perspectives of social organization
- Examine policy implications of social conflict theories
CRIMES AGAINST PERSONS
Homicide, rape, robbery, assault, stalking, and terrorism present unique challenges to public officials. How do police effectively target murderers? How do police effectively target stalkers? Are the same tactics appropriate? How do governments respond to the threat of terrorism?
Criminological research can help answer each of these questions. Crime statistics indicate that serial killers, mass murderers, and traditional murderers fit different profiles. Rape, assault, and stalking are all more likely to be committed by an offender who knows the victim rather than a stranger. Terrorists are distinguished from other violent criminals by their political and ideological motivations. While each of these crimes presents unique challenges, criminological research can help public officials develop tactics and policies to effectively deal with these crimes.
This resource provides instruction for users to:
- Define terms related to crimes against persons
- Describe various types of crimes committed against persons
- Explain the use of crime typologies when it comes to analyzing violent crimes
- Examine characteristics of crimes committed against others
- Examine laws established to deal with violent crimes against persons
CRIMES AGAINST PROPERTY
While homicide, rape, robbery, and assault are considered crimes against people, arson, larceny, and burglary are considered crimes against property. Property crimes are big business in America. Shoplifting costs retailers billions of dollars a year, and billions of dollars worth of motor vehicles are stolen each year. A strong black market continues to encourage burglary and larceny.
To reduce these crimes, public officials must disrupt these markets. By understanding how the criminals who commit these crimes differ from other offenders, law enforcement officials can implement tactics to effectively address these types of crime.
This resource provides instruction for users to:
- Define terms related to crimes against property
- Examine characteristics of crimes against property
- Compare and contrast the differences and similarities between violent offenders and property offenders
DRUG ABUSE AND CRIME
Is the “war on drugs” a war Americans can win? Illegal drug use is a major problem in America. Millions of Americans spend billions of dollars each year on illegal drugs. Unfortunately, illegal drug use also promotes crimes against people and property. So do we have to win the war on drugs to win the war on crime? American history suggests that the answer to this question is yes.
Federal and state governments have passed a variety of antidrug laws over the past 100 years to address alcohol, marijuana, heroin, and many other substances. These measurements have not been entirely successful, however. What if we legalize drugs? During the Prohibition Era, the illegal production and distribution of alcohol became big business for organized crime. When the Twenty-first Amendment repealed prohibition in 1933, it struck a blow to organized crime. So what if we legalized other drugs? Legalization and decriminalization are two alternative, controversial measures to address America's drug problem. Undaunted, public officials continue to draft policies to fight the war on drugs in the hope that these measures will also help to fight the war on crime.
This resource provides instruction for users to:
- Map the history of drug abuse
- Define eight types of illegal drugs
- Describe drug trafficking
- Examine the relationship between drugs and crime Identify drug control laws
- Examine legislation that has been established to address the drug abuse in the United States
- Identify drug control laws
OTHER TYPES OF CRIME
Crime statistics suggest that young adult, African American men are more likely to commit street crime than other ages, races, or genders. However, people who engage in white-collar crime, organized crime, and computer crime do not fit this profile. White-collar criminals are often older, intelligent businesspeople who are motivated by economic gain.
Most organized criminal activity—including gambling, racketeering, money laundering, and theft rings—can be attributed to Italian American crime syndicates. These are well-organized, sophisticated organizations with deep roots in America and even deeper pockets. Computer or cyber criminals are typically young adult, white men from a hacker subculture. White-collar crime, organized crime, and computer crime all present challenges to law enforcement. Fortunately, technology provides methods to meet some of these challenges, as police use computer and DNA technologies to identify and prosecute these criminals. In addition, public officials continue to devise new tactical and political responses to address these complex crimes.
This resource provides instruction for users to:
- Examine laws established to deal with white-collar crime
- Define terminology of white-collar crime
- Identify types of white-collar crime
- Review the prosecution of white-collar crime
- Map history of organized crime
- Describe activities of organized crime
- Describe organized criminal groups
- Identify categories of technology crime
- Review technology crime laws
- Describe the profile of computer criminals
- Review how computer crime is prosecuted
- Discuss how computers are used as tools in fighting crime
- Examine policy issues of technology and crime
- Define DNA technology
- Discuss how computers are used as tools in fighting crime
SOCIAL POLICY AND THE FUTURE
How do government officials frame public policies that effectively address gun violence, cybercrime, overcrowded prisons, and a host of other social problems? How do these policies address the needs of the victims of crimes? Answers to these questions should come from sound criminological research.
The history of American public policy demonstrates that government officials take the problem of crime quite seriously. Unfortunately, American history also teaches us that government officials are sometimes eager to implement policies that criminological research suggests simply will not work. Most criminologists agree that effective public policy must hold the criminal offender accountable and address the social conditions that promote criminal activity. Policies based on this premise and informed by sound criminological research will allow law enforcement and government officials to meet the challenges presented by future criminals.
This resource provides instruction for users to:
- Describe federal anti-crime initiatives
- Identify crime control strategies
- Define victim-impact statements
- Define victim restitution
- Review criminology's impact on social policy
- Discuss symbolism and public policy
- Map the history of the victim
- Describe victims' rights
- Describe possible future crimes
- Identify future research directions of crime
- Explain future criminology theories
- Examine how future policies will be developed
Juvenile Justice
JUVENILE JUSTICE OVERVIEW
In the past, juveniles were solely the responsibility of their parents. If they misbehaved, their parents were responsible for punishing them. Parents are still responsible for their children today, but since the development of the juvenile court system in the late nineteenth century, the state can now intervene as well.
The juvenile court system has undergone many changes since it was first created, with the development of many different models to help address juvenile issues. You must become familiar with the history of juvenile justice, different agencies that work with juveniles, models that have been used to deter juvenile crime, and different theories of crime. By understanding the history of the juvenile justice system, you will gain a better understanding of why it still exists today.
This resource provides instruction for users to:
- Define terms related to juvenile justice Identify historical themes of juvenile justice
- Identify juvenile justice agencies
- Describe how juveniles are processed in the Juvenile Justice System
- Define terms related to juvenile justice
- Explain theories of criminology
- Explain Rational Choice Theory
- Discuss challenges to the Juvenile Justice System
- Explain theories of criminology
- Explain Rational Choice Theory
- Describe the influence
- Determinism has had on the development of Positivism
- Discuss the Integrated Theory in relation to juvenile crime
THE MEASUREMENT OF JUVENILE CRIME
Juvenile delinquency is measured and documented in a variety of ways. Each measurement method has its pros and cons, and no single method is 100% reliable. Even though the tracking systems for juvenile delinquency are not always accurate, they do provide enough information to track trends and crime types. Cohort and self-report studies are frequently used to track criminal activity and look at the factors that may have contributed to this activity among different populations of juveniles.
You must become familiar with the types of crimes that are typically committed by juveniles and the types of studies that have been done to collect data on juvenile crime. By knowing who our juvenile offenders are and what types of crimes they commit most often, practitioners and lawmakers can better implement appropriate resources where they are needed most.
This resource provides instruction for users to:
- Define terms related to the measurement of juvenile crime
- Identify official measurements of juvenile crime
- Identify unofficial measurements of juvenile crime
- Describe dimensions of law-violating behavior
- Describe juvenile victims
THE POLICE AND JUVENILES
In the early 1800s, police stepped in and played a role in dealing with juvenile crime. Over time, their role has varied between prevention, punishment, and intervention. Police departments created programs to deal with juvenile issues within the community, and some police departments created specialized units to deal specifically with juvenile issues. Due to budget constraints, however, they have cut many programs and specialized units. It is important to understand the relationship between the police and juvenile offenders, the rights of juveniles in the criminal justice system, and the role of the police in juvenile crimes.
Understanding these relationships provides insight into the similarities and differences between adult and juvenile offenders. Juvenile crimes are viewed as minor, and arrests are not considered "real" arrests. Due process for juveniles can tie the hands of police officers. Police are often viewed by juveniles as "the enemy," which can place police officers in hostile, if not violent, situations. The varying nature of juvenile crime complicates the issues faced by police officers.
This resource provides instruction for users to:
- Describe the history of police and juvenile relations
- Analyze how juveniles' attitudes towards police have changed
- Describe how police respond to juvenile offenders
- Identify the legal rights of juveniles
- Outline the function of the police in relation to juvenile crime
- Summarize challenges facing the police in the community
THE JUVENILE COURT
Just over 100 years ago, states began to realize juveniles had issues that were not being handled appropriately by the adult court system or by their parents. The juvenile justice system was created to ensure that juvenile offenders receive their constitutional rights. The juvenile and adult court systems have some key differences—namely that juvenile courts are better at maintaining the privacy of young offenders and providing them with opportunities for reform.
An understanding of the similarities and differences between the juvenile justice system and the adult criminal justice system is necessary to gain a stronger understanding of how the justice systems work in the . You should become familiar with the juvenile justice system as a whole, how juvenile offenders are handled, the juvenile courtroom process, and juvenile sentencing.
This resource provides instruction for users to:
- Define terms related to the Juvenile Justice System
- Outline the history of the juvenile courts
- Describe how status offenders are handled
- Summarize pretrial procedures in the juvenile court
- Identify the juvenile courtroom players
- Paraphrase the adjudicatory hearing
- Describe the disposition hearing
- Discuss the juvenile sentencing structure
- Examine ways to improve the Juvenile Justice System
JUVENILES IN ADULT COURT
Most juveniles who are charged with a crime are processed through the juvenile justice system. If they are sentenced to serve time in an institution, they are held with other juveniles. However, the law allows for juveniles to be tried in the adult system as well. Each state has different standards to determine which juveniles should be tried in adult court.
Juveniles being tried in the adult court system and juveniles being incarcerated in adult jails and prisons are controversial issues. It is important to understand the process of transferring juveniles to the adult system and the issues associated with mixing juveniles and adults in correctional institutions.
This resource provides instruction for users to:
- Explain how juveniles are transferred to adult courts
- Describe how juveniles are identified as children or adults
- Define terms related to juvenile justice
- Summarize the youthful offender system
- Discuss prison life for juveniles
- Discuss how the death penalty is applied to juveniles
- Describe Barry C. Feld's adult court for juveniles
JUVENILE PROBATION
The concept of probation was first used in the late 1800s in Boston and spread quickly throughout the United States. Probation allows an offender to stay in the community but remain under supervision. It is typically used for offenders who do not pose a great risk to society and who have a potential to benefit from the conditions offered to them. Finding useful, creative ways to work within the community is often a condition of juvenile probation.
Probation officers supervise individuals in a variety of ways and hold them accountable for the terms of their probation. Probation is a viable option in the juvenile justice system instead of incarceration, offering benefits to the community, the victim, and the offender.
This resource provides instruction for users to:
- Define terms related to juvenile probation
- Outline the development of juvenile probation
- Describe the three basic functions of juvenile probation
- Identify types of risk control and crime reduction
- Describe the role of probation officers as treatment agents
- Examine the effectiveness of probation
COMMUNITY BASED PROGRAMS AND AFTERCARE
Community-based programs were developed several years ago to keep juveniles who committed crimes out of correctional institutions and in their own communities. The focus of these programs is to reform them and build stronger bonds between them and their communities. By better understanding the concept of community-based programs and their effectiveness, you will see the need for more funding and support to continue implementing these programs.
This resource provides instruction for users to:
- Define terms related to community-based programs and aftercare
- Outline the development of community-based programs
- Outline the development of juvenile probation
- Discuss how community-based programs are administered
- Describe delinquency prevention programs
- Differentiate between diversion programs, day treatment programs, group homes, and wilderness programs
- Outline the history of aftercare Identify the objectives of aftercare
- Describe how aftercare operates Recognize the responsibilities of aftercare officers
- Examine the effectiveness of community based programs and aftercare
- Discuss how community-based programs are administered
JUVENILE INSTITUTIONALIZATION
Juvenile institutionalization is a controversial issue. Some people believe that juvenile offenders should not be incarcerated at all, while others believe that our current institutions are not tough enough. The treatment of juveniles in correctional institutions is in question as well, and allegations of abuse and neglect have raised questions for both lawmakers and the community. Many types of correctional institutions have attempted to address the different needs and issues of juvenile offenders. It is important to understand the development of juvenile institutionalization, how juveniles are treated in the system, and what life is like in juvenile institutions. Without knowing and understanding juvenile institutionalization, it is difficult to determine the best resource of action for juvenile offenders.
This resource provides instruction for users to:
- Define terms related to juvenile institutionalization
- Trace the development of juvenile institutionalization
- Appraise the treatment of juvenile offenders
- Explain short term confinements of juveniles
- Describe long term confinements of juveniles
- Examine the challenges of juvenile institutionalization
- Identify rights of institutionalized juveniles
TREATMENT
Young people face many issues today, especially those who are part of the juvenile justice system. Emotional and mental health issues are prevalent among incarcerated youth, and often, the families of juvenile delinquents have some dysfunction. Drug and alcohol abuse are other areas of concern. Different treatment programs focus on these issues with the aim of helping juvenile offenders work on their problems in the hope of reducing recidivism.
It is important to understand the treatment programs available to juveniles and the effectiveness of these programs. By understanding the needs of juvenile offenders, organizations working with youth can provide better and more effective services to those in need.
This resource provides instruction for users to:
- Describe the classification of juvenile offenders
- Define terms related to treatment of juvenile offenders
- Describe the classification of juvenile offenders
- Identify treatment modalities used in the treatment of juvenile offenders
- Assess the effectiveness of treatment for juvenile offenders
UNDERSTANDING THE YOUTHFUL OFFENDER
Youth gangs have been in existence for more than 100 years. The first gangs were typically nonviolent and focused solely on their turf. Today, gangs are responsible for a high percentage of murders, drug trafficking, and other violent crimes. Gang members today are younger than they were in the past and are infiltrating schools. Turf wars and gang initiations have been responsible for the murders of many innocent bystanders.
It is important to understand the history of gangs in our society and the need for gang prevention and control. An understanding of youth gangs and their roles will help criminal justice professionals and community members to combat gang violence and reach out to gang members and at-risk youths through prevention programs.
This resource provides instruction for users to:
- Define terms related to juvenile offenders
- Trace how gangs have evolved in the United States
- Identify features of urban gangs
- Outline the stages of gang development
- Describe community prevention of youth gangs
- Identify problem behaviors among juveniles
- Analyze the types of juvenile offenders
INTERNATIONAL JUVENILE JUSTICE
The rights of juvenile offenders vary around the world. Many industrialized nations provide these individuals with rights similar to those granted in the United States. Other countries, typically ones that are unindustrialized, do not protect the rights of young people in the same manner. Some countries allow for abuse, indeterminate sentences, and even the death penalty for juvenile offenders. International standards have been set in the hope that all nations will secure rights for children. A better understanding of international juvenile rights will help you contrast and compare the differences in juvenile criminal justice systems between industrialized and emerging nations and determine which methods of combating crime are most effective. This resource provides instruction for users to: Outline the Beijing Rules Define terms related to international juvenile justice Examine how industrialized nations handle juvenile crime Examine how emerging nations handle juvenile crime
THE FUTURE OF JUVENILE JUSTICE
The constant changes in our society ensure that the future of juvenile justice will look different than it does today. Determining whether the juvenile justice system will change for the better is difficult. What is clear, however, is that certain issues need attention if we want the children in our communities to be successful, law-abiding citizens.
The challenges that young people face should be taken into account when deciding how to change the current juvenile justice system. It is important to understand the youth in today's society, different concepts of youth reformation, conflicting issues in our current juvenile justice system, and what the future holds for the juvenile justice system and juvenile offenders.
This resource provides instruction for users to:
- Examine how problems in modern society affect juveniles at risk
- Analyze juveniles' ability to straighten out their lives
- Define terms related to juvenile justice
- Examine how problems in modern society affect juveniles at risk
- Identify problems in the Juvenile Justice System
- Examine the future of juvenile crime and offenders
- Examine the future of the Juvenile Justice System
Policing (Intro To)
HISTORICAL DEVELOPMENT OF LAW ENFORCEMENT AND ITS AGENCIES
The history of law enforcement can be traced back to England as far as 900 A.D. Law enforcement departments have undergone many changes throughout the years, particularly with regard to their responsibilities and roles in the community. A number of new agencies have been developed that share similar roles with law enforcement agencies. The increase in the world's population has also brought an increase in crime, which has led to changes in policing through a number of reformations and the creation of different divisions of law enforcement.
This resource provides instruction for users to:
- Define terms related to the history and function of law enforcement
- Describe the Old English system of policing
- Identify the levels and functions of law enforcement
- Outline the history of police in America Trace the movement toward professionalization in policing
- Compare and contrast the differences and similarities among the various agencies within law enforcement
THE POLICE
A police officer plays an important role in the community. They are expected to protect citizens, enforce the law, perform services, and prevent crime, in addition to many other duties. Police officers do not have an easy job, and they undergo a long and stringent process to enter the field of law enforcement. It is important to understand that there are many steps and hurdles potential police officers must go through in order to obtain a job in this field.
This resource provides instruction for users to:
- Define terms related to policing
- Identify the methods, challenges, and problems connected with the recruitment of police
- Describe methods used to train law enforcement
- Discuss the traits of a good law enforcement officer
- Define the role of police
- Examine the roles, functions, and styles of policing
Workplace goal setting is a great way for workers to maintain professionalism because it sets up a realistic strategy for the days ahead of you. In the workplace, always think about the near future and the distant future to best juggle any upcoming projects you may have on your plate. Asking yourself a few questions can help you gauge how well you set workplace goals: When you think about your career in five years, where do you see yourself? Are you doing anything to get to where you want to be in five years? When you face a large task, how do you make sure it gets done?
This resource provides instruction for users to:
- Describe how goal setting contributes to professionalism
- Distinguish between long-term and short-term goals
- Describe the benefits of having both long-term and short-term workplace goals
- Analyze the characteristics of SMART goals
- Recommend strategies for accomplishing long-term and short-term workplace goals
THE ORGANIZATION OF LAW ENFORCEMENT
Law enforcement agencies are quasi-military organizations with strict guidelines and rules and run similarly to military organizations such as the army and the marines. There are clear levels of organization and responsibility, and there is a definite order in the chain of command, as well as policies and procedures that must be followed by personnel.
The structure of the organization and the communication practices are somewhat rigid. In order to understand law enforcement organizations, it is important to review the chain of command and how it relates to law enforcement agencies.
This resource provides instruction for users to:
- Define terms related to law enforcement
- Define and explain characteristics of organizations
- Identify methods of organizational communication
- Describe agencies as organizations
- Analyze the structure of a basic police organization
- Identify the roles and responsibilities of individuals in law enforcement
- Discuss policies and procedures of a professional law enforcement agency
THE PATROL FUNCTION
The role of police officers has changed overtime. Police officers were once viewed as unapproachable and distant to the community, whereas the policing styles and approaches of today have changed to include stronger relationships between police and community. The demands of the police officer remain high, and the community still relies heavily on police to fulfill a variety of roles. The tools provided to police officers help assist them in performing the functions of their jobs.
This resource provides instruction for users to:
- Define terms related to the patrol function
- Describe the purposes of police patrol
- Review a police patrol job description
- Explain the importance of the patrol vehicle
- Analyze the link between patrol and function and the discretionary use of police authority
- Indicate the basic principles of community policing
- Describe problem oriented policing
- Define the basic principles of Community Oriented Policing and Problem Solving (COPPS)
- Examine methods used for crime prevention
FORENSIC SCIENCE AND CRIMINALISTICS
It is not uncommon to turn on the television and see crime shows that focus on forensics and criminalistics when solving crimes. The crime shows on television typically contain some high-tech gadgets that help solve crimes in hours. Unfortunately, forensics and criminalistics in the real world are much more complicated than what is depicted on television. Cases can last months and even years. Some cases are never solved, even though technology has offered investigators increasingly more advanced tools to solve crimes.
This resource provides instruction for users to:
- Define terms related to criminal investigation
- Discuss the concept of criminal investigation from its evolution to current day uses
- Describe the stages and activities of investigation
- Analyze recent developments in forensic science and criminalistics
- Discuss the concept of criminal investigation from its evolution to current day uses
- Describe the stages and activities of investigation
CHALLENGES TO POLICING
Policing is not always a safe job, and there are many challenges police are faced with on a daily basis. Although terrorism has existed for many years, it is now a larger concern. The events of September 11, 2001 have caused new challenges for police in America. The types of crimes being committed are becoming increasingly more violent. Bioterrorism and organized crime are areas of concern for police officers as they perform their duties. Controlling borders and protecting America from terrorist attacks also continuously challenge law enforcement officers.
This resource provides instruction for users to:
- Define terms related to the challenges to policing
- Identify the challenges to homeland security and addressing terrorism
- Discuss the means available to law enforcement agencies to deal with terrorism
- Examine the challenges law enforcement faces to address issues related to bioterrorism, hate crimes, organized crime, and gangs
- Analyze the laws established to address the challenges to policing
- Examine the challenges law enforcement faces to address issues related to bioterrorism, hate crimes, organized crime, and gangs
- Discuss challenges to policing the U.S. borders
LAW AND LIABILITY
How well do you know your rights? It is important to understand how the U.S. Constitution, specifically the Bill of Rights, relates to law enforcement and the rights of citizens. The Fourth, Fifth, and Sixth amendments also play an important role in law enforcement. Law enforcement officers are required to have an in-depth understanding of their rights and the rights of citizens. Police are held liable for their actions, both on and off the job; however, there are protections offered to police officers and their employers that release them from being held liable if their actions fall in the realm of upholding the Constitution.
This resource provides instruction for users to:
- Identify the purposes of the Fourth, Fifth, and Sixth Amendments
- Define terms related to constitutional amendments Identify the purposes of the Fourth, Fifth, and Sixth Amendments
- Discuss areas of liability related to policing
- Differentiate between civil and criminal law
- Map the evolution of civil liability
POLICE ACCOUNTABILITY
Police officers are held to a higher level of standards compared with other occupations. Due to the power and authority vested to police officers, they are required to uphold the law at an even higher standard than the average citizen.
Corruption and abuse of power are issues that often pose problems in police departments. Police departments work hard to ensure officers do not have a reputation of corruption and abuse. Standards for police officers are set by a code of ethics to help guide officers in acting and conducting themselves in a manner that is approved by the department and the community.
This resource provides instruction for users to:
- Examine the laws that protect the public from police corruption
- Define terms related to police accountability
- Describe the law enforcement code of ethics
- Identify the factors that contribute to police corruption
POLICING ISSUES AND TRENDS
There are many issues and trends new to the field of policing. The field is constantly changing. New trends occur because of changes in society. Policing was once viewed as a male profession that was run primarily by Caucasian males. That is no longer true today. Many women and minorities are now employed in police professions. The education requirements and expectations of the role have changed as well. Labor unions in law enforcement help ensure officer rights are protected for all men and women working in the field of law enforcement.
This resource provides instruction for users to:
- Discuss issues and laws as related to labor relations and law enforcement
- Define terms related to policing issues
- Trace the history of women in law enforcement Identify the unique issues related to women and minorities in law enforcement
- Describe contemporary policing trends and issues that law enforcement is facing
POLICING IN FOREIGN COUNTRIES
Policing techniques and tactics are different all over the world. Some countries have democratic styles of policing that are similar to those used in the United States, while other countries have an entirely different style of policing. The style employed by a country is often based on its type of government. Many countries suffer from civil uproar and wars that affect the way police departments are run. There are aspects of all policing models that can be effective in society, but often fail due to government regulations.
This resource provides instruction for users to:
- Discuss the structure and function of international criminal justice systems
- Define terms related to policing in foreign countries
- Summarize how policing is achieved in various foreign countries
- Compare and contrast the U.S. criminal justice system with others around the world
POLICING AND TECHNOLOGY
The policing profession has undergone many changes because of technological enhancements. Technology has been a helpful and effective tool in law enforcement, but it has also been a burden as well, bringing both advantages and disadvantages to the field of law enforcement.
Although it is used widely by law enforcement agencies to prevent, detect, and deter crime, criminals use technology to their advantage as well. It is important to understand the new types of technology used by law enforcement agencies today and the needs of police departments in implementing these new technologies.
This resource provides instruction for users to:
- Debate the issue of development of less than lethal weapons
- Define terms related to technology and policing
- Summarize the use of wireless technology in policing
- Illustrate how technological advances assist in policing
THE FUTURE OF LAW ENFORCEMENT
The area of law enforcement has undergone many changes in the past and will continue to evolve in the future. The model of community policing will also bring about changes in the way policing is conducted in the United States. Criminals will also influence the future of law enforcement. As society continues to struggle with drug and alcohol abuse, crime will continue to be an important issue. As new types of crimes infiltrate society, it will also be important to develop new solutions to help fight crime.
This resource provides instruction for users to:
- Define terms related to law enforcement
- Discuss future challenges in policing
- Examine solutions to the future challenges in policing
Police Techniques
DEFINING INTERVIEWS, INTERROGATION, AND COMMUNICATION
Part of the job of a police officer involves interviewing a wide variety of strangers, including victims, suspects, and other personnel. You will find that conducting interviews and interrogations does not require a natural ability, but rather it is part of cultivating a specific skill set intrinsic in basic communication processes. The ability to interview and interrogate is an important skill for you to acquire as a member of the police force because it will help you communicate in a professional manner. To communicate professionally means that you communicate based on logic, without prejudice, and while demonstrating neutrality toward the people you serve.
This resource provides instruction for users to:
- Compare and contrast an interview with an interrogation
- Explain how rapport affects the quality of the interviewing process List and explain numerous forms of non-verbal communications for developing rapport
- Describe personal qualities that can reduce the effectiveness of an interview
PHASES OF INTERVIEWS AND TYPES OF QUESTIONS
Consider these two witnesses to a home robbery: a teenage neighbor who witnessed the crime but was intoxicated during the event and the spouse of a suspect who noticed a sudden acquisition of electronic devices in their home after the event. When developing an interview strategy for the witnesses of a crime, you must consider a number of things, including the background of the individuals involved and the forum in which the interview questioning takes place.
An effective interview is much more than the dialogue between interviewer and interviewee. There are phases of the interview process that you should follow to develop an effective interview strategy. Likewise, you should know how to construct open- and closed-ended questions and when each type of question will help you acquire the most accurate information possible. Knowing how to navigate through the interview phases will help you understand how to speak with victims, suspects, and witnesses without succumbing to the pitfalls of misinformation or contamination.
This resource provides instruction for users to:
- Describe the three phases of the interview process
- Explain the problem of misinformation and contamination
- Explain the difference between using open-ended and closed-ended questioning
INTERVIEW APPROACHES AND DETECTION OF DECEIT
You've probably watched a scene just like this on your favorite TV crime show many times before: Truman, a ruthless police officer, keeps his murder suspect in an enclosed room, grilling him endlessly. The suspect resists Truman's tactics until the officer becomes angry and pushes the suspect into the wall, demanding to know what happened to the victim of the crime. After this breaking point, the suspect relents with a confession. For theatrical effect, television often depicts interviewers as intimidators who depend on personal force, but professional interviewing actually relies on a more systematic, less dramatic approach. In the world outside of fictional television, Truman's interviewing would have likely relied on two common approaches: traditional and structured. He would have used inferential interviewing and statement analysis to extract information from his suspect instead of force and intimidation.
This resource provides instruction for users to:
- Define the traditional interview method
- Explain how the structural interviewing approach differs from the traditional approach
- Apply the concepts of statement analysis to the field statement analysis
TECHNIQUES AND MEMORY ENHANCEMENT
Recall the last time you went to a beach, lake, or swimming pool. You probably remember a general outline of the event, the people you were with, or if your skin burned from being out in the sun for too long. But ask your friends or family who were with you to recall the outing and you might be surprised at how each person will retell the same experience differently. The traffic leaving the beach, lake, or pool may have seemed heavier than expected and the heat unbearable, but another person in the car experiencing the same things may have remembered the traffic as much lighter and the temperature cooler.
We cannot control the quality of memory before it is stored, and memories are sometimes altered during storage. In the criminal justice system, interviewers can control how memories are retrieved. As you can imagine, retrieving memories without contamination is crucial to ascertaining the facts of a crime and identifying a perpetrator. As part of this resource, users will have the opportunity to explain the problem of misinformation and contamination
This resource provides instruction for users to understand:
- Forensic Hypnosis and Its Importance
- What is Forensic Hypnosis?
- Phases of Forensic Hypnosis
- Challenges to the Use of Forensic Hypnosis
- What is the Cognitive Interviewing Technique?
- The Foundation of the Cognitive Technique
- Cognitive Interview Instruction
- Four Steps in Cognitive Interview
BEHAVIORAL INTERVIEWING AND INTERROGATION TECHNIQUES
Jennifer is a police officer who has just interrogated a possible suspect for a case she is working on. The suspect provided an alibi, but Jennifer identified a number of signs that led her to believe the suspect is providing false information. During the interrogation, the suspect avoided eye contact and kept her story short. Because Jennifer was able to observe the suspect's emotions and behaviors, she had several strong reasons to pursue the case and this particular suspect further. Jennifer was also able to modify her own behavior to interact with the suspect on a level that helped her extract the most information from the suspect. Jennifer was more likely to generate favorable outcomes during the interview with her suspect through the use of behavioral interviewing and interrogation techniques.
This resource provides instruction for users to:
- List and explain numerous forms of nonverbal communications for developing rapport
- Explain who is best at catching liars
- Explain how sensatory verbal communication and eye movements can be used in interviewing and interrogation
- List and explain numerous forms of non-verbal communications for developing rapport
- Explain how sensatory verbal communication and eye movements can be used in interviewing and interrogation
- Explain who is best at catching liars
- Explain how sensatory verbal communication and eye movements can be used in interviewing and interrogation
INTERVIEWING CHILDREN
Lily and Frankie are two siblings who witnessed the physical and mental abuse of their mother by their uncle. Joe, a criminal justice professional, must take many things into consideration as he interviews the siblings. Joe interviews the children separately and has to modify his interviewing style to accommodate their differences. He notes that Lily (age 5) has a hard time understanding ordering when he asks her to recount a typical day in her kindergarten class. Frankie (age 10) understands ordering well and has an excellent memory for the people and places in his life. According to the 2010 Child Maltreatment report, state and local child protection services agencies investigated over three million claims of child neglect and abuse. Frankie and Lily are just two of the many children that Joe interviews in the span of a single year. Joe needs to know what to expect during these interviews, the limitations of children as witnesses for a case, and the kinds of questions he needs to ask to make the interview successful. This resource provides instruction for users to: Explain how rapport affects the quality of the interviewing process Explain why step two of the child cognitive interview is the most valuable Explain the mnemonic principles of cognitive interviewing Compare and contrast the forensic and cognitive approaches to interviewing children Explain how rapport affects the quality of the interviewing process Explain why step two of the child cognitive interview is the most valuable Explain the mnemonic principles of cognitive interviewing Compare and contrast the forensic and cognitive approaches to interviewing children
INTERVIEWING ELDERS
Joyce, a 72-year-old woman, lives independently and owns her home. Throughout their marriage, Joyce and her husband saved up a considerable sum of money in preparation for their retirement. When her husband died five years ago, Joyce received a six-figure sum for his life insurance policy and now has a considerable amount of money. Recently Joyce started to struggle with running errands. She hired a young nurse, Laura, to buy her groceries and perform many of the tasks that required leaving her home. In these exchanges, Joyce gave the nurse access to her credit cards and checks for the purpose of her errands. After looking through her first monthly statement, Joyce discovered that Laura wrote several checks from Joyce's bank account for her own personal use. Joyce is the victim of financial exploitation abuse. This kind of victimization is not uncommon, and members of the criminal justice system will have to take into account special considerations when interviewing elderly people, such as Joyce. This resource provides instruction for users to: Explain how rapport affects the quality of the interviewing process Describe the evaluation process to improve interviews of an elder Describe issues that can impact the interview of an elderly person Explain how rapport affects the quality of the interviewing process Describe the evaluation process to improve interviews of an elder Describe issues that can impact the interview of an elderly person
INVERVIEWING THE MENTALLY ILL
Fiona is preparing for an interview with a middle-aged man named George who suffers from schizophrenia. People with schizophrenia, and other mental illnesses or disabilities, legally require accommodations when being interviewed or interrogated by police. Fiona will need to navigate these special considerations to conduct a successful interview.
This resource provides instruction for users to:
- Explain how rapport affects the quality of the interviewing process
- Discuss how interrogation with an individual who has mental retardation can affect the process
- List the questions that would be helpful when making a field evaluation of a person suspected of having a disability
- Explain the field evaluation for persons with mental illness and mental retardation
- Discuss how interrogation with an individual who has mental retardation can affect the process
- Explain how rapport affects the quality of the interviewing process
- List the questions that would be helpful when making a field evaluation of a person suspected of having a disability
- Explain the field evaluation for persons with mental illness and mental retardation
OBTAINING A CONFESSION
Jody is a man suspected of assault. When the police take Jody into the station for questioning, they read him the Miranda rights; Jody knowingly and willingly waives his right to an attorney. While in custody, Jody stands in a police lineup for a victim's identification and provides his fingerprints. At the end of his interrogation, Jody makes a statement that incriminates him and gives the interviewer evidence for his guilt of the crime.
How do you know if a confession can be used as admissible evidence? In this case, none of Jody's rights were violated based on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Coupled with a strong investigation and a complete confession from Jody, the court will be able to prosecute and find him guilty. To ensure the cases you work on are conducted in a legal and organized manner, you must understand the legal parameters of interrogations and interviewing and under what circumstances a confession would be invalid.
This resource provides instruction for users to:
- Explain the difference between a non-custodial and custodial interrogation for purposes of Miranda warnings
- List the forms of coercion that would invalidate a confession, even if the suspect's Miranda Rights were properly waived
- Explain the difference between the right to counsel under the Miranda standard and the Sixth Amendment Review the case of Kaupp v. Texas, 2003 and discuss what could have been done differently to change the outcome of the case
THE INTERROGATION PROCESS
On the morning of January 21, 1998, the Crowe family awoke to find 12-year-old Stephanie lying dead on her bedroom floor, stabbed nine times. The police initially questioned Stephanie's brother, 14-year-old Michael Crowe. They interrogated him for 27 hours over a three-day period; Michael eventually confessed to a crime he did not commit and was falsely convicted.
False confessions are not unusual during intense interrogation. It is the job of the interrogator to understand the reason why people confess and how to avoid false confessions. Ensuring a suspect's rights are upheld can help prevent false confessions and convictions of innocent people.
This resource provides instruction for users to:
- Describe the additional personal qualities of the interviewer that enable him or her to conduct successful interrogations
- Explain the problem of misinformation and contamination
TECHNIQUES FOR INTERROGATION
Think of the interrogation as a sporting match. As you learn tactics and techniques for interacting with suspects, you will be able to develop a specific strategy to help you disarm your “opponent.” In this game, “winning” does not necessarily mean a confession of guilt, but rather it means uncovering the truth about the crime committed.
Before you interact with the suspect, you will want to research the person's history to help shape your strategy. For example, you know a suspect has a previous criminal record and may be arrogant or unwilling to speak with you, and so you may need to determine ways to build rapport. Other “pre-game” preparations may include viewing the scene of the crime and considering the timing for when the interrogation takes place. Once you have devised a plan, you will be ready to “play the game” and interrogate the suspect. In completing this resource, users will have the opportunity to do the following:
This resource provides instruction for users to:
- Discuss how an interrogation is different from an interview in terms of preparation and assessment
- From the list of the most frequently observed tactics used for interrogations, formulate a list of questions consistent with the approach
- Explain the difference between a non-custodial and custodial interrogation for purposes of Miranda warnings
- List and explain numerous forms of nonverbal communications for developing rapport
Criminal Justice
CRIMINAL JUSTICE
Did you know that systems have existed for hundreds of years to manage people who did not follow the law? Over the past 100 years, the criminal justice system has gone through significant changes in how it manages individuals who break the law. Crime is also a popular topic in the media. It is not uncommon to turn on the television or pick up a newspaper and see a headline story related to crime or to read about crimes on the Internet. Crime is prevalent throughout the world. The history of crime and the criminal justice system play a significant role in the way the system works today. Understanding the theories of crime can assist professionals in determining the best recourse for a criminal's actions.
The three components of the criminal justice system—the police, corrections agencies, and the courts—help determine the outcome for individuals who enter the criminal justice system. The three levels of government that create and enforce the laws are local, state, and federal. Depending on the crime committed, individuals who break the law can be sentenced based on federal, state, or local laws.
This resource provides instruction for users to:
- Define key terms related to the justice system
- Explain the criminal justice process
- Examine the various levels of government that are a part of the justice system
- Analyze goals of the justice system
- Discuss the role of the justice system in responding to crime
CATEGORIES, MEASUREMENT, AND THEORIES OF CRIME
Is it a crime for a drug dealer to steal drugs from another drug dealer? Should a drug dealer who steals drugs and a mother who steals to feed her child receive the same punishment?
Crime is defined as conduct in violation of criminal laws. Criminal laws are violated for a number of reasons. Understanding the basic categories of crime and the theories that explain why people commit crimes plays a role when determining if a person should be charged or convicted. Crimes against people, such as murder, rape, robbery, and assault, are often considered more severe than crimes against property or social order, even though all have a negative effect on society. Crimes against people are often highly publicized because the direct effect on people is apparent.
Even though crimes are committed on a daily basis all over the world, not all crimes are reported and accounted for. Because many crimes are not reported, determining the types and number of crimes that are committed each day is difficult. Why don't people report crimes, and why do some people lie about crimes? Many issues are related to reporting and measuring crime.
This resource provides instruction for users to:
- Define categories of crime
- Describe how crimes are measured
- Identify problems with measuring crime
- Compare and contrast theories of crime
CRIMINAL LAW
Imagine living in a world with no set standards or guidelines for anything. How would you choose to live your life? Would your moral and ethical standards be different than they are today? Laws help govern everyone's daily lives. They help regulate human interaction, sustain individual rights, keep order in society, and enhance predictability. The Constitution, statutes, and common law provide a guide to what is morally accepted in society. Without laws, people would be free to act without consequences, which could potentially endanger others. It is important to understand why laws are created and how they influence the way people behave.
This resource provides instruction for users to:
- Identify sources and types of law
- Define types of crime
- Describe features of crime
- Examine elements that must be present for a crime to be said to have occurred
- Discuss the impact of previous systems of laws on how our laws are currently structured
- Examine arguments used in defending against a criminal indictment
BASICS OF LAW ENFORCEMENT
The sound of police sirens behind you when you are driving is not something you want to experience. It increases adrenaline and may cause panic, yet the men and women of law enforcement are individuals people have grown to respect and rely on in society.
Law enforcement has changed significantly over the years, but their overall purpose and mission has remained the same. Styles of community policing have evolved, and new technology has created significant advances in the field of law enforcement. Terrorism is an issue that law enforcement professionals must manage today. Although police ethics and professionalism have undergone changes, the primary objective of law enforcement professionals remains the same—to protect and serve the community.
This resource provides instruction for users to:
- Describe levels of law enforcement
- Examine innovations in policing
- Define terms associated with law enforcement
- Evaluate past and current functions of law enforcement
- Examine the impact that history has had on the present system of law enforcement
- Describe levels of law enforcement
- Examine the justice system
- Describe policing styles
- Discuss expectations of law enforcement
- Examine police subculture
- Examine the impact that history has had on the present system of law enforcement
- Examine issues of gender and race as related to law enforcement
POLICING
Will you be killed on the job today or have to take another person's life? Will you remember to read everyone you arrest his or her Miranda rights? Will you be assaulted, spit on, bitten, or come into contact with an infectious disease? These tough questions are issues that law enforcement professionals must face on a daily basis. The job can be stressful and dangerous, with numerous legal constraints.
Policing requires considerable knowledge of the Bill of Rights, which protects citizens against abuse of police power. All police officers must know the Bill of Rights to perform the functions of their jobs in a manner that allows citizens to have their individual rights, or they can be subjected to lawsuits or lose their jobs. Police can also undergo scrutiny when issues of corruption occur. Abuse of suspects, denial of rights, playing favorites, and bribery are just a few issues that police officers face.
This resource provides instruction for users to:
- Describe various procedural laws
- Examine the Fourth Amendment
- Define key terms related to policing
- Describe various procedural laws
- Define key terms related to policing
- Describe the different types of force that can be used by police
- Identify challenges to traditional policing
- Discuss symptoms of and solutions to police stress and burnout
ORGANIZATION OF COURTS
Understanding how the court system works is relevant for criminal justice students and for all individuals and can be important if you ever need to go to court yourself. Understanding the American democracy and how it applies to your daily life is also valuable. Court systems have existed since 1776, when America only consisted of 13 colonies.
The court system has undergone changes over the years to help support the increasing number of civil and criminal cases that are filed each day. While people in the past would take justice into their own hands to punish others for crimes, today's court system provides a safe environment where all individuals have a right to be heard and defended.
This resource provides instruction for users to:
- Define key terms related to the court system
- Chart the organization of the courts
- Trace the history of the courts
- Define the roles of members present in a courtroom
- Describe the development of the jury
ADJUDICATION
How many television dramas have you watched that depict a speedy courtroom process for individuals charged with a crime? The reality of the courtroom is much different than what is shown on TV. Cases are not always decided in a week, a month, or even a year. Time is needed to gather evidence and build a defense to make sure a fair trial is held. It is important to comprehend the intricacy of the court processes from start to finish to have a full understanding of the time, money, and preparation invested in the safeguarding of individual rights. The pretrial procedure, the stages of trial, and the sentencing practice are all important steps in this process.
This resource provides instruction for users to:
- Differentiate among the types of plea bargaining arrangements
- Define key terms related to the justice system
- Describe the steps in the trial process
- Examine rights afforded to defendants in a criminal trial
- Identify issues that arise in most courts
- Describe the steps in the trial process
- Describe the types of sentences that a defendant can receive
- Define key terms related to corrections and capital punishment
- Describe capital punishment
- Compare and contrast the pros and cons of capital punishment
HISTORY OF CORRECTIONS
Correctional facilities have existed since the eighteenth century. Understanding the history of corrections and the influence of the past will provide a better understanding of today's correctional system. The prison system has gone through several changes. A variety of methods were used to hold offenders accountable during different time periods, and adjustments were implemented based on their effectiveness or ineffectiveness. Laws and societal views that influence the way correctional facilities operate have evolved over the years. Corporal punishment was once regarded as an acceptable way to punish individuals who broke the law, whereas now the law prohibits it.
This resource provides instruction for users to:
- Define key terms related to the courts and the prison system
- Map the history of control before prisons
- Map the history of prisons in America
- Examine the impact that history has had on the present prison system in the United States
- Explain how prisons have evolved
- Explain the differences between prisons and jails
- Compare private and public prisons
PRISON LIFE AND ALTERNATIVE SANCTIONS
Imagine being told when to eat, when to use the bathroom, and what to do each day. Serving time in prison takes away the freedom to make simple decisions or to have the daily choices you are accustomed to. The prison life portrayed on television dramas is not always accurate and can cause misconceptions.
A good understanding of prison and the issues of prison life are important so that changes can be made that have a positive effect on society. The prison system has existed for many years but has undergone significant changes. The prison system today is much more civilized than it was in the past. Prisoners have rights and protections that did not previously exist. Organizations oversee the prison system to ensure prisoners have basic rights while they are incarcerated. Issues in the prison system have evolved as well because of the increased number of prisoners. It is important to understand the changes the prison system has undergone and how the courts have implemented alternatives to imprisonment.
This resource provides instruction for users to:
- Define key terms related to the courts and the prison system
- Describe the relationship between courts and prisons
- Discuss various elements of prison life and the subcultures that exist within prisons
- Identify the goals of the criminal justice system
- Examine alternative programs established for offenders
JUVENILES IN THE JUSTICE SYSTEM
Not until 1899 was a separate juvenile court system developed to address juvenile issues. With the increasing number of youth issues, society recognized the need to create a separate system to support juveniles. The juvenile court system was not created to simply manage criminal activity but more so to address issues of neglect and abuse.
Some aspects of the juvenile justice system are similar to the adult system, but significant differences also exist because the focus for youth is rehabilitation. By understanding the history and development of the juvenile court system, you will better comprehend how the juvenile court system functions today.
This resource provides instruction for users to:
- Define key terms related to the juvenile justice system
- Examine the impact that history has had on the American juvenile justice system
- Explain the differences between adult and juvenile justice systems
- Map the historical treatment of children and the juvenile justice system in the U.S.
- Examine current issues in the juvenile justice system
DRUGS AND THE CRIMINAL JUSTICE SYSTEM
When people think about drugs, they often assume all drugs are illegal. However, this is not the case. Physicians prescribe drugs every day to help prevent and cure medical conditions. Prescription drugs are not illegal if used as prescribed. Alcohol and tobacco are also labeled as drugs and are not illegal, unless used by individuals under the legal age. The issue of drug abuse is not new to the criminal justice system.
Alcoholics Anonymous was created in 1935 to provide support for alcoholics, and other programs were established to cope with drug abuse. The government has spent millions of dollars fighting the war on drugs by creating prevention programs for youth and increasing the penalties associated with drug abuse. However, crime due to drug abuse has also increased, forcing law enforcement officials to spend additional time and resources focusing on illegal drug activity.
This resource provides instruction for users to:
- Define drug abuse and other crimes Map the history of drug use and drug laws in the U.S.
- Map the history of drug use and drug laws in the U.S.
- Evaluate the effectiveness of programs to address illegal drug use in the U.S.
- Discuss how illegal drug use is being addressed in the U.S.
THE FUTURE OF CRIMINAL JUSTICE
Because of the September 11, 2001, terrorist attacks, the United States has made changes and created safeguards to better protect the country. The Department of Homeland Security was created shortly after the attacks to deal with terrorism and protect U.S. borders.
Many technological advances in the field of criminal justice also assist law enforcement agencies in the fight against crime. Technology continues to progress, providing more efficient and accurate methods for intelligence sharing among criminal justice agencies and offering new ways to solve crimes. However, these advances also bring many challenges to the criminal justice field.
This resource provides instruction for users to:
- Define key terms related to the justice system
- Recognize emerging trends faced by the justice system
- Examine challenges faced by the justice system in addressing crimes related to drugs and terrorism
Criminal Law
PURPOSE AND SOURCES OF CRIMINAL LAW
Society's rules and norms are codified in laws at the local, state, and federal levels. Criminal law, or the penal code, describes acts punishable by incarceration. The various ways that criminal laws are enacted is complex and can result in conflicting directives. Understanding how crimes are categorized, the different types of laws and how they are enacted, and the relationship between state and federal laws is important.
This resource provides instruction for users to:
- Define types of crime
- Define types of law
- Discuss the purpose of law
- Compare and contrast the differences between criminal law and other forms of law
- Describe the U.S. federal system of laws (the U.S. Code)
- Examine the efforts made in the U.S. to standardize American criminal law between jurisdictions
- Define stare decisis
- Debate the notion that stare decisis is an inexorable command
CRIMINAL LIABILITY
When legislators enact criminal statutes, they must clearly define the components of the crime, including the acts and behavior that constitute the crime and the mental state of the perpetrator. While the legislature is tasked with defining crimes, law enforcement and prosecutors must establish other elements to convict a suspected criminal. To understand how criminal liability is established, it is important to learn the definitions of mens rea and actus rea, the importance of establishing corpus delicti, and the different types of causation.
This resource provides instruction for users to:
- Define terms related to criminal liability and the elements of crime
- Define corpus delicti
- Describe the adversarial system
- Discuss elements of crime
- Describe how negligence can occur
- Evaluate whether simple negligence can provide the basis for criminal liability
- Determine what constitutes the corpus delicti of an offense
EXTENDING CRIMINAL LIABILITY
Criminal statutes primarily define the mens rea and actus reus for crimes that are actually committed. However, criminal acts are often attempted but not completed. Consequently, legislators have enacted statutes that assign various levels of criminal liability to attempted crimes. Extending criminal liability means analyzing laws of attempt and the various defenses to these crimes, as well as the crime of conspiracy and how corporations may be held criminally liable.
This resource provides instruction for users to:
- Define terms related to criminal liability
- Define inchoate crimes Identify elements of the crime of attempt
- Compare conspiracy and criminal solicitation
- Explain the common law categories used to describe parties to a crime
- Examine what constitutes a "substantial step" toward commission of a target offense
- Describe when a private corporation can be held liable for the crime of homicide
DEFENSES
The Constitution and criminal statutes create a mechanism for defendants to raise defenses to their crimes, but these defenses are not automatically accepted. The defense attorney must raise defenses during a trial by a preponderance of the evidence, and the prosecutor must disprove them beyond a reasonable doubt.
This resource provides instruction for users to:
- Define terms related to criminal defenses
- Describe the nature of defenses Illustrate categories of justifications and excuses as defenses
- Examine when deadly force can be used as a claim of self-defense
- Debate the use of the "battered woman's" defense
- Analyze what constitutes entrapment by government agents
INSANITY
The word insane is a legal term used to characterize a defendant's criminal liability. Although insanity is not a clinical diagnosis, many people use it incorrectly to describe persons with mental illness. The insanity defense is controversial because of both the subjective nature of its elements and its potential to relieve a person from criminal liability. For more than a century, courts have attempted to refine the elements of the insanity defense to ensure it is applied appropriately. This has proven to be a challenge, and some argue that insanity as a defense should be abolished. This resource provides instruction for users to: Define insanity Map the history of the insanity defense Explain how competency to stand trial is assessed today Examine insanity as a defense
PERSONAL CRIME: HOMICIDE
The crime of homicide includes a variety of offenses, all resulting in the death of a person at the hands of another person. Each offense is distinguished by different elements of mens rea, ranging from acting knowingly and intentionally to behaving in a criminally negligent manner. To illustrate the broad range of homicide offenses, it is important to understand types of criminal homicide, the elements of murder, and the different types of manslaughter.
This resource provides instruction for users to:
- Define death as a legal term
- Identify types of criminal homicide
- Classify categories of murder and manslaughter
- Examine statutes regarding the crime of aiding in a suicide
- Analyze the differences between murder and involuntary manslaughter
PERSONAL CRIME: ASSAULT, BATTERY, AND OTHER PERSONAL CRIMES
A significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.
This resource provides instruction for users to:
- Define terms related to types of personal crime
- Discuss different types of assault
- Differentiate between assault, battery, and aggravated battery
- Identify laws designed to protect individuals from personal crimes
- Debate what constitutes the crime of stalking
PROPERTY AND COMPUTER CRIMES
Now more than ever, persons have an abundance of property to protect. Criminal statutes include property crimes such as theft, burglary, arson, and computer crimes. Although the elements of the offenses vary, each involves the unauthorized taking of real, tangible, or intangible property. The various property crimes and variations of crimes include lesser or aggravated offenses.
This resource provides instruction for users to:
- Define theft Identify wrongful acquisition crimes
- Summarize the definitions and principles of crimes of theft
- Describe elements and types of burglary
- Identify types of computer crime
- Discuss computer crime laws and enforcement agencies
- Analyze what constitutes the crime of computer tampering
CRIMES AGAINST PUBLIC ORDER AND THE GOVERNMENT
A primary duty of law enforcement, prosecutors, and the courts is to maintain public order and decency. When public order is disrupted, police officers may arrest individuals for the purpose of restoring it. In doing so, police officers must balance protecting public safety while providing a person's rights under the First Amendment. It is important to understand the various crimes against public order and the government, including disorderly conduct, riot, treason, and contempt.
This resource provides instruction for users to:
- Define public order offenses Identify three categories of social order crimes
- Discuss different public order offenses
- Identify categories of crimes against the administration of government
- Summarize crimes against the administration of government
- Debate issues related to public conduct and the law
CRIMES AGAINST PUBLIC DECENCY AND MORALITY
Many criminal statues are enacted based upon moral grounds rooted in religious beliefs. Mala in se acts such as rape, robbery, and murder are commonly accepted as both immoral and illegal. Other acts categorized as mala prohibita, meaning they are forbidden only because they are illegal, are also based in moral beliefs, though they are not as widely supported.
Crimes against public decency and morality include concepts such as victimless crimes, acts of obscenity and illegal substances, and the efforts by some to change existing drug laws.
This resource provides instruction for users to:
- Define victimless crimes Identify categories of crimes against public decency and morality
- Discuss crimes against public decency and morality
- Analyze laws that regulate public decency and morality
- Determine when laws related to the transfer of computer-generated information have been violated
VICTIMS AND THE LAW
The laws regarding victims' rights and compensation have advanced considerably over the past several decades. While most laws in support of victims have received bipartisan support, some have raised constitutional issues in relation to sentencing practices. In recent years, the Department of Justice has increased its efforts to collect victimization data, which can be used to direct victim support and services.
This resource provides instruction for users to:
- Define terms related to criminal law and victims' rights
- Define the word victim
- Explain how criminal victimization is measured in the United States
- Map the history of laws that have addressed the needs of victims
- Debate the constitutionality of notoriety-for-profit laws
PUNISHMENT AND SENTENCING
After a court enters a judgment of conviction, the case proceeds to sentencing. Sentencing laws and practices vary significantly from state to state, and even within states, depending on the amount of discretion given to the court. Most sentencing guidelines attempt to balance principles such as rehabilitation, retribution, and deterrence. However, issues such as truth in sentencing, hate crime laws, and the constitutionality of the death penalty also impact how courts sentence defendants.
This resource provides instruction for users to:
- Define terms related to criminal punishment and sentencing
- Explain primary sentencing rationales
- Illustrate ways to impose criminal sanctions
- Debate the issue of capital punishment
- Summarize hate crime laws
- Examine factors that a jury might consider in determining if the death penalty is an appropriate sentence
Criminal Justice Ethics
RECOGNIZING ETHICAL DECISIONS
Ethical standards guide our daily lives. These standards are informed by our morals and our sense of integrity, themselves derived from our religious beliefs, families, and critical thinking skills. These same standards often, but not always, underlie the laws established by the society in which we live; therefore, a firm understanding of ethics and morality are central to effective law enforcement and justice.
This resource provides instruction for users to:
- Define morality
- Differentiate between morals and ethics
- Define critical thinking
- Recognize values
- Recognize ethical decisions
- Summarize how critical thinking is related to ethics
- Explain the origins of moral rules
- Explain how ethical decisions affect others
- Differentiate between morals and ethics
VIRTUE ETHICS
Socrates, an ancient Greek philosopher, once observed that “an unexamined life is not worth living.” You should be engaging in your own self-examination as you explore the resource material. Ethical decision making requires us to use our morals, values, and critical thinking skills to determine the best resource of action. These actions are based on factual and value judgments. These judgments often stem from our sense of moral virtue and good—concepts developed by the early Greek philosophers Socrates, Plato, and Aristotle.
For these Greek philosophers, acting appropriately was primarily a matter of knowledge. Socrates supposed that a person who knows what is right will act in an appropriate manner. Plato argued that a just society simply requires moral inhabitants. Aristotle suggested that good lies at the root of all human endeavors. Acknowledging that virtuous conduct is not always easy, Aristotle thought people could learn to be morally and intellectually virtuous. But to what end? Aristotle thought the ultimate good or virtue was happiness, but other Greek philosophers disagreed.
For Epictetus, the ultimate virtue was inner peace; for Epicurus, the ultimate virtue was pleasure. While the ideas of these Greek philosophers represent significant early statements on ethics, other early philosophical traditions also considered ethics. Buddhist philosophers emphasized equality and reciprocity, Confucius promoted values such as love and honesty, and the goddess Ma'at encouraged obedience to the Egyptian king. Each of these philosophical traditions influenced the ethical decision making of its followers. Together, these ideas represent the baseline for our study of ethics and the process of ethical decision making.
This resource provides instruction for users to:
- Define virtue
- Define moral virtue
- Explain the history of virtue ethics
- Describe the Socratic Method of teaching
- Identify the hierarchy of goods
- Interpret Aristotle's views of moral virtue
- Explain approaches to evaluating ethical dilemmas
- Explain the philosophy of Stoicism
- Differentiate between stoicism and hedonism
FORMALISM
After the fall of the Roman Empire, Western Europe fell into a time of warfare and struggle known as the Dark Ages. Studies on ethics appeared again in Western Europe only after the end of the Dark Ages. In the 1200s, St. Thomas Aquinas and William of Occam, influenced by Aristotelian thought, agreed that the ability to reason was central to our understanding of the world, including ethics. Then, in the 1700s, Immanuel Kant developed theories regarding ethics that differ significantly from the Aristotelian tradition.
The virtue ethics of Aristotle emphasize our ability to evaluate the effect of our actions on others and to decide to act ethically. The formalism (or deontological ethics) of Kant suggests that ethical behavior is a duty that we must perform, regardless of the consequences. While Aristotle thought we learn morals, Kant thought we are born with the ability to discern right from wrong. Aristotle viewed the ultimate good as happiness, while Kant recognized that ethical action was sometimes unpleasant. These divergent philosophical traditions dominated early studies of ethics and continue to influence the formulation of modern codes of ethics.
This resource provides instruction for users to:
- Define deontological ethics
- Explain Kantian ethics Identify the strengths and weaknesses of Kant's philosophy regarding ethics
- Distinguish between virtue ethics and formalism
- Define categorical imperative
- Discuss how the philosophy of categorical imperative is thought to guide all conduct
- Define practical imperative Identify the strengths and weaknesses of Kant's philosophy regarding ethics
- Distinguish between virtue ethics and formalism
UTILITARIANISM
An alternative to Aristotle's virtue ethics and Kant's formalism, utilitarianism was developed by Jeremy Bentham, John Stuart Mill, and other leading scholars during the 1700s and 1800s. Centered on the ideal of “the greatest happiness for the greatest number,” utilitarian philosophers thought moral value was derived from the results of action.
This perspective differs significantly from the formalism of Kant, who thought it our duty to act morally, regardless of the consequences. According to Mill and his contemporaries, moral action should maximize pleasure and minimize pain, with the ultimate goal of happiness for all—a goal shared with Aristotle's virtue ethics. Like Aristotle and Kant before them, Bentham, Mill, and other utilitarian philosophers had critics. Perhaps the most significant problem faced by utilitarian philosophers was the definition of happiness. Despite this difficulty, the philosophical tradition of utilitarianism, along with virtue ethics and formalism, continues to influence modern ethics.
This resource provides instruction for users to:
- Define terms related to utilitarianism
- Explain the central principle of utility
- Explain utilitarianism
- Paraphrase John Mill's ethical perspective as related to pain and pleasure
- Illustrate the differences between motivation and consequences
- Articulate criticisms of utilitarianism
CRIME AND LAW
Forgery is wrong, but why? Just because our laws say it is wrong? Or do ethical principles underlie the laws outlawing forgery? Forgery is a type of lying that hurts others; therefore, the ethical theories of virtue ethics, formalism, and utilitarianism would agree with the law: forgery is wrong.
Although laws do not legislate ethics, many laws are based upon ethical principles. Sometimes laws are imposed upon society by those in power. Sometimes laws are determined by a consensus of the people. Regardless of who devises the laws, actions that involve significant moral transgressions tend to be illegal. To prevent criminal behavior, we must understand why crimes are committed. Personal problems, difficult socioeconomic conditions, and deficient ethical training may all cause criminal behavior. Armed with this knowledge, law enforcement officials can determine how best to capture and punish criminals.
This resource provides instruction for users to:
- Discuss the consensus view and conflict view of criminal law
- Define virtue ethics
- Differentiate between what is illegal and what is immoral
- Discuss the consensus view and conflict view of criminal law
- Examine the four major approaches to explaining criminal behavior
ETHICAL THEORIES, CRIME, AND LAW
Aristotle is often credited with beginning the study of ethics, though Socrates and Plato greatly influenced his thinking. Even before Aristotle's time, Confucius and Lao Tse taught their students in China to strive for love, harmony, and knowledge. Based on similar ideals, Aristotle developed virtue ethics. Aristotle thought that the pursuit of knowledge and those goods necessary for life would lead us to achieve ultimate happiness. Jeremy Bentham and John Stuart Mill agreed with Aristotle on this point. Bentham and Mill, proponents of utilitarianism, thought that our actions should serve the greatest good or happiness for the greatest number. Immanuel Kant rejected this goal, however. According to Kant's formalism, happiness is irrelevant. Rather, we should act morally because it is our duty. Virtue ethics, formalism, and utilitarianism provide different blueprints for living a virtuous life, and each of these ethical theories influences modern law enforcement.
This resource provides instruction for users to:
- Define virtue ethics
- Differentiate between virtue ethics, formalism, and utilitarianism in terms of similarities and differences
- Define formalism
- Define utilitarianism
- Examine how laws reinforce existing moral beliefs of citizens
POLICE: HOW SHOULD LAW BE ENFORCED?
Virtue ethics, formalism, and utilitarianism provide ethical standards that guide personal behavior and social interaction. These standards help us determine right and wrong and form the basis of our laws. These standards also help reduce corruption and ensure honesty within the criminal justice system. Nevertheless, the founding fathers of the United States of America weren't willing to simply trust the police, judges, and other members of the criminal justice system to behave ethically. All too familiar with the dangers of abusive government and overzealous law enforcement at the hands of the British, the founding fathers created a legal system that protected American citizens from these practices.
Amendments to the U.S. Constitution provide procedures for law enforcement that help police officers maintain the balance of safety, security, personal privacy, and personal freedom. Many police organizations have also developed codes of ethics. Despite these measures, police misconduct still occurs, but ethics training can help police officers avoid misconduct.
This resource provides instruction for users to:
- Define terms related to law enforcement and ethics
- Discuss ethics in relation to procedural law
- Describe the ethical challenges facing police when performing investigations and surveillance
- Explain the Miranda warning and how it relates to ethics
- Identify the three forms of police corruption
- Identify where ethics influences police corruption
- Examine the ethics of lying in court
HOW SHOULD A CASE BE ADJUDICATED?
John Rawls, a veteran of World War II and a professor at Harvard, thought that fairness should guide ethical action and justice. Adhering to this principle may sometimes be difficult. Nevertheless, Rawls's emphasis on fairness figures prominently in America's criminal justice system.
Police officers, judges, attorneys, and jurors are guided by codes of ethics that promote fair and impartial trials and the ethical treatment of suspects and criminals. Of course, the potential for misconduct still exists. Police officers may act with prejudice. Attorneys may act immorally to secure the fame that accompanies a big win. Judges may allow bribes to influence their rulings. All of these immoral acts compromise the effectiveness of the criminal justice system. Fortunately, most police officers, judges, and attorneys take the ethical responsibility of their professions seriously—despite what you may see and hear in the media.
This resource provides instruction for users to:
- Discuss ethical issues within a trial
- Define two kinds of judicial decisions
- Discuss ethical issues within a trial
- Describe the role of the defense attorney and prosecutor
- Explain what constitutes ethical behavior of the prosecution and the defense
- Discuss ethical issues within a trial
- Analyze the moral responsibility that attorneys have to protect others
PUNISHMENT AND CORRECTIONS
While crime as a legal concept is only a few thousand years old, crime probably has existed as long as humans have been on Earth. Virtue ethics, formalism, and utilitarianism all demand that crimes are punished, although for different reasons. Yet punishment raises significant ethical challenges of its own. Ranging from fines to imprisonment, flogging, and even death, the punishment our society confers upon its criminals reflects its ethics.
To address the ethical challenges encountered when conferring punishment, we must determine the goal of punishment. In America, criminals are often imprisoned to achieve a combination of three ends: to obtain retribution for the crime, to deter future criminal activity, and to rehabilitate the criminal. Are these goals appropriate? Do you think these goals could be achieved in a better way? In America and other countries, law enforcement officials continue to ask these questions to evaluate and revise the system of punishment.
This resource provides instruction for users to:
- Define key concepts related to the ethics of punishment
- Identify ethical problems within sentencing
- Restate ethics of corporal punishment
- Discuss the ethics of innovative penalties
- Express ethical issues involved with capital punishment
LIABILITY
Do ethics for individuals differ from ethics for groups? Do the consequences for individual misconduct differ from the consequences for corporate or government misconduct? In our fast-paced world, pressure to succeed can overwhelm our ethical standards. Sometimes greed and selfishness lead us to bend or abandon our morals in pursuit of success, however success is defined. Corporations that hope to improve their financial outlook may commit fraud. Government officials may play on the fears of citizens to justify the mistreatment of particular social groups.
Civil and criminal penalties may deter ethical misconduct, and codes of conduct may promote ethical action. But these measures cannot replace our critical thinking skills and ethical standards. Ultimately, a virtuous life demands ethical action in all situations.
This resource provides instruction for users to:
- Define key concepts related to the consequences of unethical conduct
- Describe ways to test individual ethical conduct
- Identify civil remedies for ethical misconduct
- Analyze ethical dilemmas and determine the consequences
- Debate ethical versus unethical behavior in corporations and government
THE FUTURE: MORE OR LESS ETHICAL?
Although the world has changed a lot since Greek philosophers began the study of ethics a few thousand years ago, many of our ethical standards are probably still the same. For example, most societies at most times consider killing immoral. A significant test of our ethics now and in the future lies in applying them to the ever-changing world we live in. What does ethical action look like in a hypercompetitive marketplace that encourages competition? What does ethical action look like in the quest for the miracle drug that can cure cancer? What does ethical action look like when faced with the threat of terrorism?
Sometimes we bend the rules, justifying immoral actions by considering the positive consequences these actions may serve. Capital punishment is a prime example of this practice, but bending our morals in this way is a slippery slope. Ethical action is not always easy. Our awareness of our ethical standards and our critical thinking skills help us make ethical choices when faced with difficult situations.
This resource provides instruction for users to:
- Explain how ethical decisions affect others
- Identify ethical decisions
- Define "scarcity mentality"
- Examine the moral permissibility of a resource of action
- Apply ethical principles to a moral decision
BEING ETHICAL WHEN NO ONE IS LOOKING
The American criminal justice system attempts to fairly determine the lawfulness of action, often by reference to the underlying moral value of action. Yet not all immoral acts are illegal, nor are all illegal acts immoral. So how do we know that actions we find immoral aren't just actions we don't like? In the 2005 court case United States v. Libby, a former high-ranking official in the George W. Bush administration Lewis Libby was convicted on counts involving obstruction of justice and perjury. The case investigated the leak of the identity of the wife of Joseph Wilson as a CIA covert agent. The many layers of truth, falsehood, allegations, leaks, motives, and consequences of this type of case underscore the difficulties often encountered in seeking justice. Our values and morals guide what we perceive as appropriate behavior. Because these standards are learned, they may vary from group to group. Does this variability prevent us from establishing an absolute standard of morality? Codes of ethics help establish an absolute standard of moral excellence that guides government and law enforcement officials to right action. When faced with a difficult situation, law enforcement officials must base their decisions on sound reasoning and ethics. Aristotle thought that frequent virtuous action makes being an ethical person easier. For law enforcement officials, practicing ethical action when alone makes ethical action on the job easier. This resource provides instruction for users to: Define ethical behavior Define ethical behavior Examine the moral permissibility of an ethical decision Identify the frequency of making ethical decisions in everyday life Develop a code of ethics to assist one in making ethical decisions
Criminal Courts
INTRODUCTION TO COURTS
Have you ever wondered why the American criminal courts system is so complex? You might be surprised to know that the U.S. legal system was borrowed from medieval England, whereby court cases were usually settled by referring to precedents set in other cases similar to them. In medieval communities, members of the village had a great deal of social responsibility and control over the justice system. People during the Middle Ages took religious offenses seriously, and churches ran their own kind of court, tackling crimes from heresy to murder.
Repeat offenders of lesser crimes were banished from their towns, and those who had committed more grievous offenses were imprisoned. Nobility were hanged for crimes of treason. Although much has changed since these earlier forms of medieval justice, the American criminal courts system does draw from these concepts. It is not a static system; it is constantly evolving to meet the needs of the American society. The U.S. criminal courts system seeks to provide equality and justice by drawing from the dialogue between modern society and historical tradition.
This resource provides instruction for users to:
- Explain the relationship between common law and the American legal system
- Define terms related to crime
- Define terms related to development of laws
- Outline elements of crime
- Explain the impact criminal law has on the courts
- Describe the effects of changing laws on the court system
- Explain why American law is constantly changing
CRIMES AND DEFENSES
Steven is on trial for the murder of a man named Joseph. At first glance, the case constitutes a crime and punishment under the law. It appears that Steven committed an unlawful act voluntarily and had the full intention of doing so. Based on this evidence alone, Steven has fulfilled the definition of committing a crime.
The criminal court system intends to provide justice to those involved in the court process. Let's take a closer look at the events that unfolded on the night that Joseph was killed. Steven was alone inside his one-bedroom apartment in the city. It was late at night, and he was almost asleep when he heard someone break the padlock on the door and enter his apartment. The man moved directly up to Stephen's bedroom and forced the locked door open. Joseph had broken into Steven's home with the intent to injure and possibly kill Steven. Once he had gained entry into the room, the intruder, Joseph, first tried to strangle the unsuspecting homeowner, but when it was clear that Steven might overpower him, Joseph removed a revolver from his back pocket and shot at Steven twice. To protect himself from serious bodily harm, Steven dislodged himself from his potential killer, moved to his kitchen, and stabbed Joseph with a kitchen knife. As Steven moves through the court process, his lawyer is likely to use the fact that the act was self-defense to prove that Steven is not legally guilty for his actions and should not be found guilty of murder under the law.
This resource provides instruction for users to:
- Define terms related to crime
- Describe legal defenses
- Describe what happens after arrest
- Define terms related to crime
- Describe the adversarial system
- Define terms related to adversarial system
- Summarize due process
HISTORY OF THE COURTS
The U.S. Constitution, the backbone of the criminal courts system, was not a document that originated entirely from the minds of the men who penned it. In actuality, many other documents and legal systems helped contribute to the ideas within this document. Several concepts in the Constitution would be new, but even these ideas were associated with the design of consolidated government and built on federal relationships that had been previously established.
For example, the due process law of the Constitution can be traced back to the Magna Carta of 1215. The Manga Carta was the foundation of English government and protected citizens from tyrannical political figures who wished to misuse their power. The men who wrote the Constitution drew on these and other “checks and balances” concepts to create a division of power influenced by their British history and heritage. Did you know that the phrase “innocent until proven guilty” can be traced back to Islamic and Roman law and was coined by an English lawyer in the seventeenth century?
The criminal courts system as we know it today has undergone many changes. It is a reflection of modern day society, but the criminal courts system also draws from a wide range of historical influences. This system is a comprehensive approach to fighting crime. As an institution of the law, the court system directly upholds social control and sanctions those who violate laws with criminal penalties. These concepts have been around for centuries, dictated and guided by social change.
This resource provides instruction for users to:
- Define terms related to the history of juries
- Outline the history of courts from Anglo-Saxon courts to modern day courts
- Define terms related to modern courts
- Describe the difference between federal and state courts
- Explain the difference between trial courts and appellate courts
- Describe court structures
PROSECUTION AND DEFENSE
Gabriel and Linda are both members of the criminal court system. As they step into the courtroom for their clients' cases to be heard, they have the same motive. Both Gabriel and Linda are working toward a favorable outcome for the people they are representing, but only one will succeed. That is because these two attorneys are representing different sides of the same case. Gabriel represents the prosecution for the case, and Linda represents the defense.
In this case, Linda will defend Paul, who is accused of driving under the influence; Gabriel will try to prove Paul's guilt and recommend suspension of Paul's license as a way to help keep the streets safe. Paul knows that if he is charged with driving under the influence, he could face thousands of dollars of legal fees and have his license revoked. This charge will also end up on his criminal record and appear in his employment history. Paul has decided to plead guilty in this case, as his intoxication level and the police report clearly show beyond reasonable doubt that he was inebriated at the time of his arrest. However, Linda's job is to illustrate that Paul is an upstanding citizen and, because this is his first offense, ensure that he is not fined or charged in a way that is too harsh for his crime. Linda will attempt to convince the judge and jury that Paul can be rehabilitated successfully into society, will stay off the roads while intoxicated, and is fully deserving of a “second chance.”
This resource provides instruction for users to:
- Define terms related to prosecutors
- Describe the role of a prosecutor
- Explain how prosecutors decide to file charges
- Describe prosecutorial discretion
- Explain the relationship between a prosecutor and other courtroom participants
- Summarize challenges for prosecutors
- Describe the responsibilities of the prosecutor after a trial concludes
- Define terms related to defense attorneys
- Explain the relationship between a defense attorney and other courtroom participants
- Describe the role of the defense attorney
- Summarize challenges for defense attorneys
- Differentiate between private and public defense attorneys
JUDGES
If you think of a courtroom as a stadium and a trial as a sporting match—like football, basketball, or soccer—the prosecution and the defense represent the two opposing teams. In the midst of this match, the judge serves as referee. Just as sports fans want to see referees who make fair judgments on a play and do not show bias toward one team by calling extra penalties, so too do all parties involved in a courtroom—prosecution, defense, and jury—want to see an arbiter who will maintain order and fairness during a trial.
Judges are usually either appointed to the position or elected and must demonstrate their ability to be an impartial party and of merit to the justice system before even having the opportunity to serve as a judge. Serving in the role of judge is not an easy task, nor is it one that is limited to action in a courtroom during a trial. Judges must remain neutral when hearing cases, even ones of a heinous nature, and have a variety of responsibilities to fulfill before and after a trial. People who serve as judges often have extensive legal experience as attorneys and undergo more training once they become judges. Judges must learn to see the bigger picture when presiding over a case and interpreting the law.
This resource provides instruction for users to:
- Define terms related to judges
- Describe a judge's responsibilities
- Describe the educational and experiential requirements for becoming a judge
- Outline methods of judicial selection
- Outline methods of judicial training
- Examine the challenges of being a judge
JURORS AND OTHER COURTROOM PARTICIPANTS
You have probably seen this scene many times before in your favorite TV crime show: During her closing argument, the defense attorney turns to the jury and appeals to their emotions. She speaks passionately about her client and asks the jury to relate to her client's decision-making process and how they would have behaved in a similar situation. She also asks the jury to examine the evidence in a way that favors her client. However, the defense attorney isn't the only person who will appeal to the jury to sway the decision in that side's favor; the prosecution will also try to convince the members of the jury to see the evidence in light of their side.
The members of the jury do not necessarily have any legal training; they represent the citizens and “ordinary” people in a democracy who must remain impartial in a trial to help render a fair verdict based on the facts of the case. Regardless of the case, juries always have a difficult decision to make. The people in the criminal courts system need to work together to facilitate an experience for the jury that allows them to weigh the facts of a case clearly from all sides. In addition to the jury, the defense, the prosecution, and the judge, other members of the courtroom play a role in a criminal trial. Knowing who these other parties are and the purpose they serve in the courtroom will help you understand some of the nuances of a criminal court case.
This resource provides instruction for users to:
- Define terms related to courtroom work groups
- Describe the role of various courtroom participants
- Explain the relationships among courtroom participants
CASE ATTRITION AND THE BAIL SYSTEM
Arrests that end in conviction are the most publicized resolution of criminal cases. If you turn on the TV and watch the news, you are likely to hear updates on the cases of celebrities and their trials. In the criminal justice system, less than half of serious crimes end in conviction. Examining similar cases will lead to a better understanding of the issues surrounding cases dropped from the criminal justice process.
This resource provides instruction for users to:
- Explain the concept of case attrition
- Identify stages of the criminal justice process where case attrition occurs
- Identify models of the criminal justice process
- Define terms related to pretrial activities
- Describe the role of police officers in the criminal courts system
- Describe police discretion and its effect on the criminal courts
- Outline the bail system
- Outline the history of bail
- Compare types of bail
- Describe the effects of bail on courtroom work groups
- Explain the Manhattan Bail Project
- Describe challenges within the bail system
PLEA BARGAINS
Defendant is being prosecuted in a driving under the influence (DUI) case. This is Defendant's first offense, but as a manager of a small restaurant, Defendant's income cannot feasibly support the number of fees involved in a lengthy court case. Defendant decides to enter a plea bargain to have his first DUI offense lowered to reckless driving. Defendant will save money on attorney fees and be able to get out of jail immediately if the judge accepts his plea bargain. The plea bargain will also help him resolve his case quickly. In addition, Defendant will hire a skilled DUI attorney. Defendant's DUI attorney may attempt to have the charge reduced by finding a legal issue that exists in the case.
In this plea bargain, Defendant's attorney will work to ensure that Defendant receives community service, pays a larger fine, or attends alcohol awareness meetings in lieu of jail time or a more severe sentence. He will ensure that every avenue is explored, and once the plea bargain has been arranged, Defendant will make the final judgment call on whether or not to accept it. All parties involved will need to have a firm grasp of the types of plea bargains available to the defendant to settle on the best option.
This resource provides instruction for users to:
- Identify types of plea bargaining
- Define terms related to plea bargaining
- Outline the history of plea bargaining
- Describe the process of plea bargaining
- Articulate pros and cons of plea bargaining
- Describe the influence of plea bargaining on courtroom work groups
JURY TRIALS
COURT-ORDERED PUNISHMENT
Not all crimes—even crimes that look incredibly similar—are created equal. Some may argue that the severity of the sentencing should be different for individual crimes, but during the trial or plea bargaining stages of their cases, each of the prosecuting and defending attorneys have the opportunity to justify lessening or increasing the severity of their sentences. Although one crime may seem less severe than the other, previous arrests, the person's demeanor, the person's mental stability, or other mitigating factors could have contributed to the increase or decrease in sentencing.
“Punishment” is the concept of what we do with a convicted criminal. What is the appropriate punishment for an individual crime? Modern society is steeped in the philosophies that guide sentencing or, taking the old verbiage, “an eye for an eye.” The theory of punishment takes into account the desirable objectives and a strong rationale that is the backbone of the criminal justice sentencing system.
This resource provides instruction for users to:
- Define terms related to sentencing
- Describe the role of discretion in sentencing
- Describe the differences among the five philosophies on punishment
- Identify types of possible sanctions
- Define terms related to sentencing
- Compare possible sanctions with the five punishment philosophies
SENTENCING
On November 29th, 2011, Michael Jackson's personal physician, Dr. Conrad Murray, was sentenced to a maximum of four years of incarceration after a guilty charge of involuntary manslaughter of the pop superstar on June 25th, 2009. Judge Michael Pastor presided over the case, which garnered a great deal of media attention from start to finish as a result of the death of the pop icon. Judge Pastor chose the penalty administered to Conrad Murray, and the aim in this case was to administer a penalty that was appropriate for the offender. Judge Pastor was assigned a difficult task of deciding the punishment for Conrad Murray's crime. The presentence investigation report played an instrumental role in this decision. Conrad Murray's crime was unique, and, therefore, the procedure of his sentencing was also unique. Judge Pastor's job was to assign the appropriate punishment to the defendant, which can often be a difficult task, especially for such a high-profile case. Many believe that high-profile cases that draw a great deal of media attention, such as Conrad Murray's, are treated differently.
Some believe that these celebrity cases allow the defendant to face less harsh punishments for their crimes, while others believe the punishments are too harsh and that these individuals are often unable to use plea bargaining in their cases. Needless to say, sentencing is the most nerve wracking time for all parties involved. Understanding how judges determine the sentencing for a convicted criminal is one of the most important parts of the trial proceedings.
This resource provides instruction for users to:
- Describe presentence reports
- Define terms related to sentencing
- Explain sentencing hearings Identify legal factors in sentencing
- Identify extralegal factors in sentencing
- Describe organizational factors in sentencing
APPEALS AND JUVENILE COURTS
In the case of U.S. v. Funkhouser, a man named Robert Funkhouser was found guilty of tax evasion by a panel of jurors in June of 1952. He was sentenced to a year in prison and fined $25,000. On that day, Robert Funkhouser signed a paper and was witnessed by his attorney, G. C. A. Anderson. This paper certified that Funkhouser did not wish to appeal the judgment given to him by the court and that he wished to begin serving his sentence at once. Almost two weeks later, Robert Funkhouser filed a motion to enlarge the time for his appeal. This motion was heard and denied by the judge in his case, Judge Chestnut, and the defendant then served his sentence until he was paroled and paid his fine of $25,000.
Robert Funkhouser's case did not end there. In the fall of 1959, he filed three motions in the court. The first was to have the courts “correct the illegal sentence,” the second to “review record and void illegal sentence,” and the third to “examine the record of the proceedings before the grand jury.” These motions by Funkhouser to have his case reexamined were denied, and he then appealed. Essentially, Funkhouser believed he had enough information to reopen his case and obtain a verdict of “not guilty” based on new evidence regarding his trial.
The U.S. Court of Appeals Circuit Courts hears appeals of civil or criminal cases tried in the U.S. District Courts. The Court of Appeals would not retry or make decisions about Robert Funkhouser's guilt, but they would review the written records from the trial court to determine if the reason for the appeal was valid and how the problem should be addressed.
This resource provides instruction for users to:
- Articulate the concept of appeals
- Describe the power of judicial review
- Explain how court hierarchy affects the process of appeals
- Outline the appellate process
- Define terms related to the appellate process
- Define terms related to juvenile courts
- Outline the history of juvenile courts
- Explain juvenile court jurisdiction
- Identify the procedures of juvenile courts
- Describe challenges of the juvenile courts
Criminal Procedure
INTRODUCTION TO CRIMINAL PROCEDURE
The criminal justice system can be likened to a maze. Law enforcement officers are the travelers and the goal at the end of the maze is justice, which often involves catching and prosecuting the criminal. Throughout a criminal investigation, from the trial to the sentencing, criminal justice professionals are required to ensure that the process is conducted in a manner consistent with the rules of criminal procedure. Failure to do so may result in a dismissed case or subject an officer to civil and criminal penalties.
The rules of criminal procedure are derived from the U.S. Constitution, case law, and statutes. However, the balance between crime control and protecting the rights of individuals is difficult to maintain, and the appellate courts are ultimately left to define the balance.
This resource provides instruction for users to:
- Define criminal procedure, rights, and Rights of Relevance
- Identify the sources of rights Match key Rights of Relevance to the five Constitutional amendments on which they are based
- Identify the four leading views on the incorporation controversy and provide examples of rights that have been incorporated and those that have not
- Name one reason why the decisions of the Supreme Court and other courts sometimes have little effect on law enforcement
- Define due process and crime control Identify key differences between crime control and due process
- Identify key differences between judicial restraint and judicial activism
- Name three levels of the federal court system and explain how cases arrive at the Supreme Court
- Identify the five parts of a court case citation and the various parties to a case, at the trial and appellate levels
- Identify the basis for personal privacy in criminal procedure and how the Patriot Act impacts criminal procedure
- Explain what happens during the pretrial phase, the adjudication phase, and beyond conviction
REMEDIES FOR CONSTITUTIONAL VIOLATIONS
Although police officers are trained in the rules of criminal procedure, on some occasions a defendant's rights are violated. Violations can range from an illegal search to an unnecessary use of deadly force. When those who enforce the law are in violation of it, criminal defendants have civil, criminal, and nonjudicial remedies.
To remedy constitutional violations, the conditions under which an officer may be held liable should be considered, in addition to the public duty defense and exceptions to the exclusionary rule. What happens if the police actually break into my home without a warrant? What if the police shoot my son by accident? What if the police do not read me my rights? Are officers of the law given any tools to help in their efforts? If a police officer makes a mistake trying to save a life, can he or she go to jail? Can people sue a police officer for simply doing his or her job?
This resource provides instruction for users to:
- Define "remedy" and distinguish between two types of remedies
- Explain the concept of the "Color of Law"
- Explain how Section 1983 provides a remedy for deprivation of rights, the defense available to law enforcement officers in Section 1983 lawsuits, and what Bivens claims are
- Distinguish between three types of state torts and the defenses that are available to police officers in state tort lawsuits
- Explain how the criminal law operates as a remedy and distinguish between three types of non-judicial remedies
- Distinguish between varieties of internal and civilian review
- Explain the exclusionary rule including its history, the arguments for and against it, when it does and does not apply, and the three exceptions to it in criminal proceedings
- Define the Fruit of the Poisonous Tree Doctrine
INTRODUCTION TO THE FOURTH AMENDMENT
Without evidence, there is no arrest or conviction. Without conviction, there is no justice. Therefore, because search and seizure are the cornerstones of every criminal investigation, police officers must be aware of the protections afforded to citizens by the Fourth Amendment.
The goal of the Fourth Amendment is to protect citizens from limitless government searches and seizures, and it is based upon a citizen's reasonable expectation of privacy. The role of the Fourth Amendment in criminal procedure is dependent on the terms search and seizure, and acknowledging when a citizen has a reasonable expectation of privacy. The Fourth Amendment also considers how various enhancement devices may be used in lawful searches and the doctrine of justification. For justice to prevail, law enforcement officers must have a thorough understanding and respect for upholding the Fourth Amendment.
This resource provides instruction for users to:
- Define Fourth Amendment terminology, including persons, houses, papers, and effects; and identify when a search occurs
- Distinguish between governmental and private actions for purposes of the Fourth Amendment
- Define reasonable expectation of privacy
- Distinguish between seizure of a person and seizure of property
- Distinguish between three standards of justification: Probable cause, reasonable suspicion, and administrative justification
- Identify sources of information that can lead to probable cause Define standing
SEARCHES AND ARRESTS WITH WARRANTS
The Fourth Amendment requires that any search and seizure conducted by law enforcement be reasonable. As a result of the Fourth Amendment, in certain circumstances, police officers must have a warrant to conduct a search or seizure. There are provisions of the Fourth Amendment and requirements for obtaining warrants. Law enforcement officers must follow a specific process for serving a search warrant or an arrest warrant and for upholding additional requirements for other types of search warrants.
This resource provides instruction for users to:
- Describe what the Fourth Amendment permits
- Explain the three warrant components
- Distinguish between an arrest warrant and a search warrant in terms of probable cause and particularity
- Define arrest and distinguish arrests from lesser intrusions such as stops and "nonstops"
- Describe the situations where arrest warrants are required
- Summarize the rules concerning arrests for minor offenses and for arrests for crimes committed outside the presence of a police officer
- Summarize the requirements for serving arrest and search warrants, especially with respect to announcement, damage, use of force, and scope and manner of search
- Summarize the rules concerning warrants for electronic surveillance and the impact of the Patriot Act on electronic surveillance
- Explain other special circumstances regarding arrests and searches with warrants (especially the differences between administrative and anticipatory search warrants)
- Explain the limits on bodily intrusions and the concept of Civil Asset Forfeiture
SEARCHES AND ARRESTS WITHOUT WARRANTS
The Fourth Amendment was ratified to protect citizens from government search and seizure. However, the founding fathers recognized a need to balance the rights of individuals with the government's duty to protect public safety. Consequently, the U.S. Constitution permits police officers to conduct warrantless searches and seizures in some cases. The circumstances under which an officer is not required to obtain a warrant and why exceptions to the warrant requirement are necessary to control crime are important factors in warrantless arrests.
This resource provides instruction for users to:
- List various exceptions to the Fourth Amendment's warrant requirement and describe why they are important
- Summarize the search incident to arrest exception and its requirements
- Summarize the exigent circumstances exception and identify several types of exigencies
- Describe the rationale for the automobile exception and the automobile exception requirements
- Summarize the Supreme Court's view on racial profiling, with particular attention to Whren v. United States, and describe two remedies for racial profiling
- Describe two types of warrantless arrests
- Describe the plain view doctrine Distinguish plain view from plain touch and smell
ACTIONS BASED ON REASONABLE SUSPICION, ADMINISTRATIVE JUSTIFICATION, AND CONSENT
The Fourth Amendment protects citizens from unreasonable search and seizure, and courts have ruled extensively on what constitutes a reasonable search using the probable cause standard. The appellate courts have also determined that search and seizure may be conducted under lesser standards in certain circumstances, such as to protect officer safety or to ensure compliance with administrative regulations. Actions conducted under reasonable suspicion, administrative justification, and consent include investigative detention, checkpoints, and inspections.
This resource provides instruction for users to:
- Explain stops and frisks, including the requirements for a valid stop and a valid frisk, the Supreme Court's view on the proper duration of stops, and the scope of a proper frisk
- Discuss how the Terry v. Ohio decision has led to an expansion of the stop-and-frisk exception to the Fourth Amendment's probable cause requirement
- Identify characteristics exhibited by drug couriers and discuss important Supreme Court decisions concerning drug courier profiling
- Distinguish between an investigative detention and a stop and describe the requirements for a valid investigative detention
- Describe two types of inventory searches and several types of inspection
- Offer several examples of checkpoints and explain when checkpoints become unconstitutional
- Summarize the Supreme Court's view concerning school disciplinary searches and searches of government employee offices
- Summarize the Supreme Court's view on drug and alcohol testing
- Explain the Supreme Court's view on searches of probationers and explain how California's courts have decided differently than the Supreme Court with respect to searches of probationers
- Summarize the requirements for a valid consent search and the rules for obtaining third-party consent
- Explain "knock and talk"
INTERROGATIONS AND CONFESSIONS
Criminal investigations involve weeks and months of collecting evidence to substantiate charges and a conviction. Due to the manpower needed to conduct an investigation and the potential for constitutional challenges regarding search and seizure, obtaining a suspect's confession is the most straightforward way to gain a conviction. But police officers must be certain they obtain it legally, or the confession may be suppressed. It is important to understand the constitutional requirements for interrogations and confessions and how the exclusionary rule applies to confessions. This resource provides instruction for users to: Explain how the Fifth Amendment is relevant to interrogations and confessions and the various circumstances in which a person can be "compelled" within the meaning of the Fifth Amendment Distinguish between criminal and non-criminal proceedings for purposes of the Fifth Amendment Explain what it means to be a "witness" as well as a "witness against oneself" Identify the difference between confession and admission and explain three approaches to confession law State when the due process voluntariness approach to interrogations is applicable Describe when the Sixth Amendment approach to interrogations is applicable Explain the Miranda warnings, when Miranda is applicable, and the public safety exception to Miranda Explain how the exclusionary rule operates in the confession context Describe why it is important for the police to document confessions
IDENTIFICATION PROCEDURES AND THE ROLE OF WITNESSES
Citizens who observe a crime in progress frequently serve as witnesses for law enforcement and the prosecution. Witnesses may be called upon to testify to certain facts, including the identity of the suspect. Law enforcement uses a variety of techniques to help witnesses identify crime suspects. These techniques and procedures must be conducted in compliance with constitutional requirements to be admissible in court. Understanding the various identification procedures and how prosecutors and defense attorneys use witness testimony during a trial is critical to ensuring justice.
This resource provides instruction for users to:
- Identify and describe the various constitutional restrictions on identification procedures
- Identify three types of pretrial identification techniques
- Describe steps to minimize suggestiveness in lineups
- Distinguish between show-ups inside and outside the courtroom
- Describe how identification during trial plays out
- Describe the various forms of witness questioning in a criminal trial
- Describe the impeachment and rehabilitation of witnesses
- Explain how the exclusionary rule operates in the identification context
THE PRETRIAL PROCESS
During the pretrial stages of a criminal case, the prosecution and the defense begin the process of preparing a case for trial. The pretrial stage includes the initial hearing, the preliminary hearing, and the arraignment, during any of which the defense attorney may challenge the constitutional basis for a case. The prosecutor and the defense attorney each play an important role during the pretrial process and the rules of evidence are used to promote fairness in the adversarial system.
This resource provides instruction for users to:
- Summarize the road to trial
- Describe the initial appearance
- Describe the probable cause hearing and explain when it is required
- Explain the various methods of pretrial release and the criteria courts consider when deciding whether a suspect gets pretrial release
- Summarize the rules concerning the treatment of pretrial detainees
- Explain the preliminary hearing and arraignment
- Summarize the rules concerning discovery and the concept of nonreciprocal discovery
- Describe the prosecution's duty to preserve evidence
PROSECUTORS, GRAND JURIES, AND DEFENSE ATTORNEYS
During an investigation, following the law in gathering evidence against the defendant is critically important for police officers. However, once the investigation is complete, a separate series of equally important events are involved in preparing a case for trial. Prosecutors, grant juries, and defense attorneys are key players in the process, each having a distinct and essential role. The roles and responsibilities of each player can influence the outcome of a case.
This resource provides instruction for users to:
- Describe the role of the prosecutor
- Offer reasons for non-prosecution and identify several restrictions on bringing charges and unfair and selective prosecution
- Explain the concept of "joinder" and cite examples
- Describe grand juries including their role, their investigative powers, how grand jury members are selected, and the ways in which grand jury proceedings are kept secret
- Summarize the rights of witnesses who testify before grand juries
- Explain how an indictment can be challenged
- Explain the role of the defense attorney
- Identify situations when an accused enjoys representation and describe how a defendant can waive counsel
- Explain what is meant by effective assistance of counsel
- Explain the concept of the "courtroom workgroup"
PLEA BARGAINING AND GUILTY PLEAS
One of the last steps of the pretrial process is the plea bargain option. While defendants may plead guilty and accept a plea bargain, the judge may reject it.
Conflicting views regarding the plea bargaining process are ever present in the justice system. Although public perception is that criminal cases are resolved by a trial, in reality, most convicted persons have pled guilty. The plea-bargaining process involves both the prosecutor and the defense attorney carefully weighing the benefits of a plea versus going to trial. Many factors are taken into consideration, including the strength of the state's case, the penalties associated with a conviction, and the defendant's willingness to admit guilt. While many believe that plea bargaining represents a failure of the justice system, this process can actually guarantee that a defendant receives punishment; in a trial by peers, the defendant might be acquitted or deemed not guilty. Plea bargaining is also essential to the administration of justice.
If every defendant received a trial, the criminal justice system would be overwhelmed and prisons would be more overcrowded than ever. It is important to understand the pros and cons of the plea-bargaining process before passing judgment on the system.
This resource provides instruction for users to:
- Explain how the defendant can avoid trial
- Describe different types of plea bargaining
- Compare arguments for and against plea bargaining
- Describe attempts to restrict plea bargaining and the Supreme Court's view on it
- Summarize acceptable inducements by the prosecution and "ad hoc" plea bargaining
- Summarize the effects of plea bargaining on the court, prosecutor, and defendant
- Describe the elements of a guilty plea and how defendants can challenge a guilty plea
RIGHTS AT TRIAL, SENTENCING, APPEALS, AND HABEAS CORPUS
In most televised crime dramas, the suspect is charged with a serious offense, rejects plea offers, and asserts his or her right to a trial by jury. Although jury trials do not occur as frequently in real life as they do on television, the process portrayed on television often illustrates the full range of procedural rights afforded to defendants during the trial, sentencing, and appellate phases. Each phase of the trial process contains certain criminal procedures with different defendant rights and also criteria that courts use to develop sentences for defendants after conviction.
This resource provides instruction for users to:
- Explain the right to a speedy trial
- Explain the right to an impartial judge
- Explain the right to an impartial jury
- Summarize the jury make-up and selection process
- Explain the voir dire process
- Define the right to a public trial
- Explain what is meant by the defendant's right to be present and the right to live testimony, including hearsay exceptions
- Explain the right to double jeopardy protection
- Explain the right to assert an entrapment defense
- Describe the types and goals of sentencing
- Describe the ways of challenging a conviction through appeals and habeas corpus
Victimology
THEORIES AND REPORTING OF VICTIMIZATION
Imagine you go into your favorite diner. After breakfast is over, you give the waitress your credit card. She tells you the card has been declined. Frustrated, you get out your cell phone and call your bank. The polite bank employee tells you the card has reached the credit limit, since the last five charges amounted to $8,500. Stunned, you hang up. The last time you used your card was to buy an inexpensive item online three weeks ago. Are you a victim?
An elderly man and woman return from the market, each carrying a bag of groceries. The woman's purse dangles from her arm. They are chatting about the meal they will share and the TV programs they will enjoy that evening. Unseen assailants rush from behind the couple. Groceries spill to the sidewalk. The old man is knocked down, and the woman's purse is grabbed. Does this couple fit your definition of victim?
Today's victims do not have to be physically harmed. A gunman does not have to approach you. The elderly couple was robbed, and so were you.
This resource provides instruction for users to:
- Define terms related to theories and reporting measures of victimization
- Differentiate sources of data on crime and victimization
- Describe the fear of violent crime
- Summarize the impact of victimization
- Outline theories of victimization
- Map the development of theories of victimization
VICTIMS OF STALKING, INTIMATE PARTNERS, AND ELDER ABUSE
On Christmas Eve, Scott Peterson reports the disappearance of his pregnant wife. He appears on television begging for her safe return. Months later, two decomposing bodies wash ashore. DNA confirms the identities of the bodies. Investigators continue to compile evidence, and Scott Peterson is later convicted for the murders of his wife, Laci, and their unborn son. The Peterson case is one of the more famous cases of intimate partner violence (IPV), but many such crimes do not become front-page news.
However, in the majority of cases, the victim knows the offender quite well. IPV includes stalking, rape, spousal and child abuse, and neglect. These crimes have no boundaries and cross socioeconomic status, race, religions, and cultures. The victims are often reliant on their abusers for financial support, which makes it difficult for them to seek help. The Centers for Disease Control and Prevention (CDC) consider IPV to be a serious, preventable public health problem. IPV describes physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy. IPV can vary in frequency and severity.
This resource provides instruction for users to:
- Define terms related to stalking
- Define terms related to intimate partner violence
- Define terms related to elder abuse and neglect
- Describe stalking Restate anti-stalking legislation
- Discuss intimate partner violence Identify how to recognize a potentially abusive partner
- Describe nursing home negligence
- Explain elder abuse and neglect
- Differentiate between the types of intimate violence
- Examine offender-victim relationships
VICTIMS OF DOMESTIC VIOLENCE, CHILD ABUSE, AND SEXUAL VIOLENCE
Almost anyone would be willing to step forward to stop a child from being abused or raped. However, the majority of these abuse situations do not happen in public settings, but rather, in private and intimate settings. Child abuse often happens in the home, and sexual violence often occurs behind closed doors or in secluded settings. So who will or can stop it? How can someone stop a crime that they don't see happening? It's not possible. Still, what people can do is to try to stop it from happening again.
Intimate partner violence includes child abuse and sexual abuse. Child abuse also includes sexual abuse to a child. By law, educators and health professionals must report cases of child abuse. However, anyone can report child abuse to a local law enforcement agency or child protection services. Sexual violence is any sexual act that is perpetrated against someone's will, including a completed nonconsensual sex act such as rape, an attempted nonconsensual sex act, abusive sexual contact such as unwanted touching, and noncontact sexual abuse such as threatened sexual violence, exhibitionism, and verbal sexual harassment. All types involve victims who do not consent, who are unable to consent, or who refuse to allow the act.
This resource provides instruction for users to:
- Define terms related to domestic violence
- Define terms related to child abuse and neglect
- Define terms related to sexual violence
- Review laws regarding domestic violence
- Discuss victims of sexual violence
- Differentiate between the types of intimate violence
- Examine offender-victim relationships
STRANGER VIOLENCE AND VICTIMIZATION
Crimes can occur through intimate relationships, but they can also be perpetrated by the people many parents teach their children to avoid—strangers. You may be wondering, what exactly is a stranger? The most commonly accepted definition of a stranger is a person who is unknown to you or someone with whom you are not acquainted. A stranger could be someone who has different beliefs and traditions from you. For example, how well do you know the people around you? How well do you know the person who rides the bus with you or the person standing next to you on the elevator? They are strangers, but you see them every day.
The crimes most associated with strangers are robbery, home invasions, carjacking, and murder. Serial killers also prefer their victims to be strangers and someone with whom they have no personal history. Criminals engaged in hate crimes will target their victims based on something that makes them a stranger, such as race, religion, ethnicity, or sexual preference.
This resource provides instruction for users to:
- Define terms related to robbery
- Define terms related to murders and assaults
- Describe victimization as it relates to robbery
- Explain victimization as it relates to murder and assaults by strangers
- Differentiate between the types of violence from strangers
- Examine offender-victim relationships
WORKPLACE VIOLENCE, HARASSMENT, AND VICTIMIZATION
According to the National Center for Victims of Crime, workplace homicide is the fastest-growing category of murder in the United States and is the leading cause of work-related deaths for women. In fact, murder and other violent crimes have escalated in the workplace to the point that the U.S. Department of Justice recently proclaimed the workplace as the most dangerous place to be in America. Studies by Northwestern National Life Insurance and the National Institute for Occupational Safety and Health have identified a one-in-four chance that a worker may be attacked, threatened, or harassed on the job in the next year.
Research conducted by the Northwestern National Life Insurance Company Survey of 1993 found that in 12 months, 22% of employees were threatened with physical harm, 19% were harassed, 14% were physically attacked, and 10% worried about becoming a victim. Most attacks, 44%, were from a customer or a client, 24% were from a stranger, 20% from a coworker, 7% from the boss, and 3% from former employees or someone else.
This resource provides instruction for users to:
- Define terms related to workplace violence and harassment
- Identify categories of workplace violence
- Give examples of warning signs of violence
- List examples of sources of distress that can result in workplace violence
- Differentiate between the types of workplace violence and harassment
- Examine offender-victim relationships
EMPLOYER LIABILITY FOR WORKPLACE VIOLENCE, HARASSMENT, AND VICTIMIZATION
By law, employers must take steps to protect their workers from violence, harassment, and victimization. Take, for example, a veterinary practice that employs two technicians, Kelsie and Dottie. The doctor does his best to provide a pleasant work atmosphere and treat each employee with dignity. However, he regrets hiring Kelsie because she has issues with substance abuse. He has tried to help her and has even arranged for her to have an appointment with a substance abuse counselor. When Dottie, the other technician, caught Kelsie stealing drugs, the veterinarian intervened, and Kelsie kept her job. But when Kelsie threatened Dottie with physical harm, he did nothing. When Kelsie tried to stab Dottie with a scalpel, he asked Dottie not to call the police. Dottie tried to talk to the doctor, but he told her everything was under control. However, this morning Dottie is at home recovering from an attack that sent her to the hospital and Kelsie to jail. The veterinarian, kennel employees, and a client had to restrain Kelsie during the attack. If all this weren't bad enough, the veterinarian receives a letter from an attorney's office. Dottie is taking legal action against him. He calls his attorney, who advises him to settle out of court if possible. What is the veterinarian's responsibility in this scenario? As the employer, he is responsible for protecting his workers from violence and harassment.
This resource provides instruction for users to:
- Define terms related to workplace violence and harassment
- Outline employer liability for workplace victimization
- Discuss the legal liability for sexual harassment
- Identify ways to reduce violence in the workplace
SCHOOL VIOLENCE AND VICTIMIZATION
Are your memories of high school filled with pep rallies, fire drills, sporting events, first kisses, dances, and final exams? For many people, high school memories are filled with happiness, friendship, and a general sense of freedom on graduation day. But did you ever worry about lockdown drills or active shooter drills during high school? Did you ever question if a day at school would be your last?
For many students today, these questions are a reality. On the morning of April 20, 1999, Americans found out just how much high school had changed in one generation with the Columbine High School massacre. Eric Harris and Dylan Klebold entered their school and murdered 12 students and one teacher while injuring many others before committing suicide. Since then, we all know these tragic events by simple names - Columbine, Newtown, Marjorie Stoneman Douglass High School. Columbine was the start for man, but violence is a growing theme across many schools.
This resource provides instruction for users to:
- Define terms related to school violence
- Summarize school crime and violence research
- Analyze how teachers are at risk Identify early warning signs of violent behavior
- Discuss prevention and response to school violence
- Analyze risk factors associated with youth violence
- Differentiate between the types of school violence
- Examine offender-victim relationships
CRIMINAL JUSTICE INJUSTICE
In the summer of 2011, many Americans were caught up in the Casey Anthony trial. Caylee Anthony was last seen in June 2008. Many were skeptical of the story her mother, Casey Anthony, told the police. Many more thought Anthony's partying behavior while her child was missing was damning evidence of guilt. Crowds outside the courthouse shouted, "Justice for Caylee!" Television stations aired the trial live, while others played bits of video on the evening news. The entire nation waited for the verdict, many believing there was no doubt of a guilty verdict. But the verdict read "not guilty." How could this be? The prosecution failed to prove its case beyond any reasonable doubt. Allegations were made that evidence was mishandled and that the case relied a great deal on forensics. After the remains were exposed to the elements, little forensic evidence remained. The police had only the bones of a child and remnants of duct tape. The forensic evidence could not conclusively prove that Anthony killed her child.
This case demonstrates that a jury cannot return a verdict based on public opinion, media pressure, or even personal instincts. Members of a jury must base the verdict on the evidence presented. People are not infallible, and mistakes are made. Evidence can be mishandled, misinterpreted, or misplaced. Nature's elements can take their toll on evidence. Although no signs of incompetence or misconduct were found, due to sensationalism, the Casey Anthony case brought the behind-the-scenes actions of the criminal justice system to the attention of the American public.
This resource provides instruction for users to:
- Define terms related to criminal justice injustice
- Discuss inadvertent injustice within the criminal justice system
- Describe deliberate victimization within the criminal justice system
- Identify sources of injustice by the police
- Examine possible solutions for police injustice
CRIMINAL JUSTICE INJUSTICE IN LEGISLATION AND CORRECTIONAL FACILITIES
Between college tuition and gas, Gary is a bit tight on money. His roommate knows a way Gary can make around $200 a night. Gary is interested, and his roommate says he will talk to his friend. The next weekend, Gary is given a backpack and told to take it to the address on the tag. Twenty minutes later, Gary has his money. This goes on for a few more days, and soon Gary has the money to get anything he wants. One evening, he makes his regular delivery, takes the money, and turns to leave, but as he does, he hears someone shout, "Get down." Undercover and uniformed police are everywhere. Gary has been a mule for a drug organization, and the backpack he just dropped off was filled with cocaine. The mandatory sentence is given to Gary. The judge knows he is a good kid with good grades and that he was just trying to make some extra money, but the law is the law. Despite the overcrowded prisons or the fact that it is Gary's first offense, the judge has no choice. He must uphold the law. Gary will be released from prison in his early thirties.
Many laws were passed by Congress to mandate lengthy prison terms for people committing certain crimes. These laws were enacted to serve as deterrents to those involved in the drug and illegal weapon trades, but the result is that prisons are now overcrowded, and states, which were already strapped for cash, have to absorb the costs. If such laws had not been enacted, Gary would have likely received probation. Now, he is a convicted felon with limited opportunities for his future.
This resource provides instruction for users to:
- Define terms related to criminal justice injustice
- Examine injustices in relation to crime legislation
- Discuss violence and victimization in correctional facilities
THE VIOLENCE OF TERRORISM
Many Americans can tell you the exact place they were when the World Trade Center was attacked on September 11, 2001. The term 9/11 has become synonymous with terrorism and fear. Days after the attacks, people began mailing anthrax to politicians. Buildings were shut down when suspicious envelopes were received in the mail. People feared that the Centers for Disease Control and Prevention (CDC) could become a target because it holds samples of some of the deadliest pathogens in existence.
Terrorists don't have to be from other countries or work in large groups. Some focus on single issues, and others target certain groups of people, certain businesses, or specific government policies.
This resource provides instruction for users to:
- Define domestic and international terrorism
- Identify methods used for terrorism
- Describe the objectives of terrorism
- Examine the motives for terrorism
- Compare and contrast domestic and international terrorism
- Discuss the efforts made by the United States to combat terrorism
RESPONDING TO CRIMINAL VICTIMIZATION PROACTIVELY
There are many reasons why someone might break into your home. You may have possessions that could be of use to intruders, money that could be spent, jewelry that could be pawned, or prescription drugs that could be sold or used by the perpetrators. Since crime will never go away, people need to be prepared to defend themselves and their property. Just as important, they need to know how to protect themselves and how far they can legally go to protect their lives and property.
This resource provides instruction for users to:
- Define terms related to responding to criminal victimization
- Identify various measures of personal protection
- Describe major crime prevention programs
- Examine proactive responses to criminal victimization
RESPONDING TO CRIMINAL VICTIMIZATION REACTIVELY
Everyone feels bad for the victim of a crime. The offender will now get the traditional "three hots and a cot," meaning they will receive food and housing, in addition to health care and opportunities for mental health counseling. But who cares for the victim? What about a family that has been repeatedly terrorized by a gang, or a woman who was raped? What happens to them? Do they get up and go to work the next morning like nothing has happened? In response to the demand for assistance, programs have begun and legislation has been enacted to help victims emotionally, physically, and financially.
This resource provides instruction for users to:
- Identify ways of responding to criminal victimization
- Appraise reactive ways of responding to criminal victimization
- Examine the concept of victimization