Crime and Criminal Justice in America

Joycelyn Pollock

• Publisher: Routledge
• Year: 2017
• ISBN:
  9781351979863
• Edition: 3
• Topic: Scienze sociali
• Subtopic: Criminologia

Crime and Criminal Justice in America, Third Edition, addresses the major controversial issues in U.S. policing, courts, and the correctional system. This book features unique graphics and contemporary data and research, developed by Joycelyn Pollock, criminologist, and University Distinguished Professor of Criminal Justice, Texas State University. The text's question-and-answer model promotes a critical thinking process for students new to criminal justice, encouraging student engagement and the application of learned skills through end-of-chapter exercises. Timely, comprehensive, and visually stimulating, Crime and Criminal Justice in America, Third Edition, is the go-to text for introductory criminal justice students and educators.

Section 1
The Criminal Justice System and Social Control

1
Criminal Justice as Social Control

Chapter Preview

1. What Is the Criminal Justice "System"? Is It a System?
2. What Is Social Control? How Does The "Social Contract" Justify State Power?
3. What Is the Historical Foundation of Our Legal System?
4. How Big Is the Criminal Justice System Compared to 50 Years Ago?
5. What Are Some Current Issues in Criminal Justice Today?
6. How Do Ideologies Affect Objective Analysis of Criminal Justice Issues?
7. Focus On Data: Are Illegal Immigrants More Likely to Be Criminal?
8. Summary
9. Critical Thinking Exercises

Criminal justice refers to the system of social control that encompasses police, courts, and corrections. The academic field of study includes aspects of the sociology of law, along with sociology, psychology, management science, and other fields. In this textbook, we will present what we know about crime, the theories that have been developed to explain why people commit crime (Chapter 3), law enforcement (Chapters 4–6), courts (Chapters 7–9), corrections (Chapters 11–13), and juvenile justice (Chapter 13). The final chapter (Chapter 14) will recap what we know and don’t know, and how to address emerging issues. Throughout the book, our approach will be to address our inquiry using a critical thinking approach. Critical thinking is an approach to problem solving that utilizes the following steps:

• (a) identify and clearly formulate relevant questions or issues
• (b) gather and assess relevant information, noting the source of the information to identify any bias or vested interest
• (c) utilize data to develop well-reasoned conclusions and solutions and test them
• (d) at all times be aware of assumptions that may bias your perception of data and lead to selective perception, tunnel vision, or cognitive distortion
• (e) be aware of the implications and practical consequences of findings.¹

The intent of this book is to provide information, but also develop the skills necessary for critical thinking and analysis. New issues in criminal justice continue to emerge. New research findings shape our understanding of old problems. A textbook that describes the facts is helpful, but providing the research skills and sources to help you find out the facts is, arguably, even more important, because the facts of criminal justice are dynamic.

Unlike most introductory textbooks, we outline the chapters through a series of questions and then the text provides information relevant to the questions posed. In each chapter we also have a “Focus on Data” section which deals very specifically with a current and, sometimes, controversial issue: we present the question, apply the available evidence, and provide a summary answer to the question, noting any weaknesses or gaps in the data available that may call into question what we think we know. These questions are sometimes complicated with conflicting findings; there may be no easy answer. That is the challenge of social science—to address difficult issues and attempt to find the truth while resisting preconceptions, assumptions, and bias.

What is the Criminal Justice "System"? is it a System?

Police, courts, and corrections comprise the elements of what we think of as the criminal justice system. Police take center stage up to arrest; their role is to investigate crimes, arrest the suspect, and gather evidence. Courts are obviously involved in the process of adjudication, which determines guilt or innocence and sets the amount of punishment for the guilty. The sub-system of corrections takes over after sentencing. Exhibit 1.1 is an illustration of these elements as a flowchart.

We tend to think of these sub-systems as distinct; however, these simple categories don’t accurately describe the realities of criminal justice. In reality, police work with probation and parole officers to investigate offenders who may already be on probation or parole. Pretrial adjudication programs often use probation officers to supervise clients who haven’t been found guilty along with those who have been convicted. Probationers who violate the conditions of their probation may go back to court for re-sentencing. It is even possible for someone on parole (after a prison term) to get a probation sentence. However,

Exhibit 1.1 Flowchart of the Criminal Justice System

Source: Office of Justice Programs. Available at http://www.bjs.gov/content/largechart.cfm.

the use of these three “sub-systems” has become the standard way of describing the criminal justice system and this textbook arranges the chapters in a way that is consistent with this standard flowchart.

In Exhibit 1.2, more description is provided for each of the steps. We speak in very general terms when we describe the steps of the system, with the caution that it may not accurately describe your own jurisdiction. We will discuss this process in more detail in Chapter 8.

In general, law enforcement exists at state and local levels to enforce the law, although, just because a law is broken does not necessarily mean there will be an arrest or prosecution. Typically, a state law enforcement agency (e.g., highway patrol) enforces the state’s highway laws, but the agency might also be called in to help investigate local crime. There is usually a county-level law enforcement

Exhibit 1.2 The Criminal Justice Process

Arrest Police need probable cause for an arrest. There does not need to be an arrest warrant in order for an arrest to take place, but there must be probable cause that the suspect has committed a crime.

Booking is basically an administrative entry into jail. The suspect’s fingerprints are taken, officers take his or her property, issue jail clothing and, sometimes, the suspect undergoes some form of health screening before being placed in the jail population.

First appearance is usually within the first 24 hours of arrest (and it must take place within a “reasonable” period after arrest). In this short hearing before a magistrate, the charges are read and the magistrate determines if there is sufficient probable cause for the arrest. The magistrate may also begin the process of determining if the suspect is indigent, in which case an attorney will be appointed.

Preliminary hearing is basically to determine whether there is sufficient evidence to go forward with a trial. Often, the preliminary hearing is waived. In some states, the grand jury system completely takes the place of the preliminary hearing.

Grand Jury is a group of people appointed by the administrative judge of a jurisdiction. This group hears the evidence presented by a prosecutor to determine if there is probable cause to go forward to trial. If they agree that there is, they issue an indictment. Not all states use the grand jury system and, instead, the prosecutor issues an “information” as the charging document instead of an indictment. It should not be confused with the petit jury, the jury that decides guilt or innocence at trial.

Arraignment is where the offender may plead guilt or innocence and, if indigent, has an attorney appointed if one has not been appointed yet.

Pretrial diversion may occur at any time before trial and after charges have been filed. Typically, the suspect must admit guilt and agree to conditions that range from work and restitution programs to community service.

Plea bargaining is an agreement between the defendant, represented by his or her attorney, and the prosecutor to plead guilty in exchange for a recommended sentence. It may take place at any time up to a determination of guilt or innocence in a trial, but, typically, takes place soon after arraignment.

Pretrial hearings are when judges decide procedural issues relevant to the trial, such as the admission of evidence or change of venue.

Trials may be “ bench trials,” which means that they are held only in front of a judge with no jury. If the defendant requests a jury trial, voir dire takes place before the jury is seated, which basically involves ensuring that jury members will be unbiased in their judgment.

Sentencing hearing is a separate proceeding, although appointed attorneys are required to continue to represent the offender through the sentencing hearing (and first appeal). There may be some time between the trial and ...