Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Fit your coursework into your hectic life. Make the most of your time by learning your way. Access the resources you need to succeed wherever, whenever. Study with digital flashcards, listen to audio textbooks, and take quizzes. Review your current course grade and compare your progress with your peers. Get the free MindTap Mobile App and learn wherever you are. Break Limitations. Create your own potential, and be unstoppable with MindTap. MINDTAP. POWERED BY YOU. cengage.com/mindtap Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 16TH EDITION THE AMERICAN SYSTEM OF CRIMINAL JUSTICE GEORGE F. COLE University of Connecticut CHRISTOPHER E. SMITH Michigan State University CHRISTINA DEJONG Michigan State University Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Important Notice: Media content referenced within the product description or the product text may not be available in the eBook version. Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. The American System of Criminal Justice, © 2019, 2017 Cengage Learning, Inc. Sixteenth Edition George F. Cole, Christopher E. Smith, and Unless otherwise noted, all content is © Cengage. Christina DeJong ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced or distributed in any form or by any means, except as Senior Product Director: Marta Lee-Perriard permitted by U.S. copyright law, without the prior written permission of the copyright owner. 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Compositor: MPS Limited To register or access your online learning solution or purchase materials for your course, visit www.cengagebrain.com. Printed in the United States of America Print Number: 01 Print Year: 2017 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. ABOUT THE AUTHORS The late George F. Cole, Ph.D., was Professor Emeritus of Political Science at the University of Connecticut. A specialist in the administration of criminal justice, he published extensively on such topics as prosecution, courts, and corrections. George Cole was also coauthor with Christopher Smith and Christina DeJong of Criminal Justice in America, coauthor with Todd Clear, Michael Reisig, and Carolyn Petrosino of American Corrections, and coauthor with Marc Gertz and Amy Bunger of The Criminal Justice System: Politics and Policies. He developed and directed the graduate corrections program at the University of Connecticut and was a Fellow at the National Institute of Justice (1988). Among his other accomplishments, he was granted two awards under the Fulbright-Hays Program to conduct criminal justice research in England and the former Yugoslavia. In 1995, he was named a Fellow of the Academy of Criminal Justice Sciences for distinguished teaching and research. Trained as a lawyer and social scientist, Christopher E. Smith, J.D., Ph.D., is Professor of Criminal Justice at Michigan State University, where he teaches courses on criminal justice policy, courts, corrections, and law. He holds degrees from several universities, including Harvard University and the University of Connecticut. In addition to writing more than 110 scholarly articles, he is the author of 25 books, including several other titles with Cengage Learning: Criminal Procedure; Law and Contemporary Corrections; Courts, Politics, and the Judicial Process; The Changing Supreme Court: Constitutional Rights and Liberties with Thomas R. Hensley and Joyce A. Baugh; Courts and Public Policy; Politics in Constitutional Law; and Courts and the Poor. Christina DeJong, Ph.D., is Associate Professor of Criminal Justice at Michigan State University. She earned her degrees at the University of Texas and the University of Maryland. At Michigan State, she is a noted researcher and award-winning teacher for a variety of criminology topics, including recidivism, violence against women, police–community relations, and genocide. She is the coauthor of The Supreme Court, Crime, and the Ideal of Equal Justice and numerous articles in such journals as Justice Quarterly, Criminology, Women and Criminal Justice, and Violence and Victims. iii Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. BRIEF CONTENTS PART 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1 1 Crime and Justice in America 2 2 Victimization and Criminal Behavior 52 3 The Criminal Justice System 94 4 Criminal Justice and the Rule of Law 146 PART 2 POLICE 195 5 Police 196 6 Police Officers and Law Enforcement Operations 244 7 Policing: Contemporary Issues and Challenges 292 8 Police and Constitutional Law 344 PART 3 COURTS 385 9 Courts and Pretrial Processes 386 10 Prosecution and Defense 424 11 Determination of Guilt: Plea Bargaining and Trials 468 12 Punishment and Sentencing 510 PART 4 CORRECTIONS 555 13 Corrections 556 14 Community Corrections: Probation and Intermediate Sanctions 614 15 Incarceration and Prison Society 648 16 Reentry into the Community 702 PART 5 THE JUVENILE JUSTICE SYSTEM 739 17 Juvenile Justice 740 iv Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. CONTENTS PART 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1 The Crime Problem Today 36 1 CRIME AND JUSTICE IN AMERICA 2 The Worst of Times? 36 The Main Themes of This Book 5 The Most Crime-Ridden Nation? 38 Keeping Track of Crime 40 Crime and Justice as Public Policy Issues 8 Trends in Crime 45 Evidence-Based Practices 9 A QUESTION OF ETHICS 49 EVIDENCE-BASED PRACTICE AND POLICY: Summary 49 The Challenges of Evidence-Based Practice: Quality of Information and Implementation 10 2 The Role of Public Opinion 10 VICTIMIZATION AND CRIMINAL Contemporary Policies 11 BEHAVIOR 52 Crime and Justice in a Democracy 12 Crime Control versus Due Process 12 Crime Victimization 55 The Politics of Crime and Justice 14 Who Is Victimized? 55 CLOSE UP: New Directions for Crime Policy in the Trump CRIMINAL JUSTICE AND THE RISK OF Administration 16 MISINFORMATION: Social Media, Perceptions of Crime, and Responsibility for Sharing Information 60 Citizens and Criminal Justice Policy 18 Acquaintances and Strangers 62 CRIMINAL JUSTICE AND THE RISK OF MISINFORMATION: The Challenge of Identifying Facts Recurring Victimization 64 Amid a Flood of Information 18 INSIDE TODAY’S CONTROVERSIES: Debates about the Defining Crime 21 Federal Violence Against Women Act 64 The Impact of Crime 66 CIVIC ENGAGEMENT: Your Role in the System 21 INSIDE TODAY’S CONTROVERSIES: Criticism of Justice TECHNOLOGY AND CRIMINAL JUSTICE: Hacking of Customer Data 66 System Officials: Improper or Useful? 22 Types of Crime 24 CLOSE UP: Victimization of the Elderly 68 The Experience of Victims in the Criminal Justice System 71 Visible Crime 24 CIVIC ENGAGEMENT: Your Role in the System 72 Victimless Crimes 25 EVIDENCE-BASED PRACTICE AND POLICY: Victim Political Crime 26 Services 74 Occupational Crime 27 The Role of Victims in Crime 75 Organized Crime 28 Causes of Crime 76 Transnational Crime 29 Classical and Positivist Theories 77 Cybercrime 31 Biological Explanations 78 TECHNOLOGY AND CRIMINAL JUSTICE: Transnational Psychological Explanations 80 Cybercrime 32 Sociological Explanations 82 CIVIC ENGAGEMENT: Your Role in the System 35 v Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. vi Contents CIVIC ENGAGEMENT: Your Role in the System 85 4 CRIMINAL JUSTICE Life Course Explanations 85 AND THE RULE OF LAW 146 Women and Crime 87 Assessing Theories of Criminality 90 Foundations of Criminal Law 149 A QUESTION OF ETHICS 91 Substantive Law and Procedural Law 149 Summary 91 CIVIC ENGAGEMENT: Your Role in the System 150 Sources of Criminal Law 150 3 THE CRIMINAL JUSTICE SYSTEM 94 Felony and Misdemeanor 153 Criminal versus Civil Law 155 The Goals of Criminal Justice 99 CIVIC ENGAGEMENT: Your Role in the System 156 Doing Justice 99 Substantive Criminal Law 157 Controlling Crime 100 Seven Principles of Criminal Law 157 EVIDENCE-BASED PRACTICE AND POLICY: Evidence- Based Practice and Public Surveillance 100 Elements of a Crime 159 Preventing Crime 101 TECHNOLOGY AND CRIMINAL JUSTICE: Posting on Social Media: Distinguishing Threats from Free CIVIC ENGAGEMENT: Your Role in the System 101 Expression 160 Criminal Justice in a Federal System 102 Statutory Definitions of Crimes 160 Two Justice Systems 102 Responsibility for Criminal Acts 164 Expansion of Federal Involvement 103 Justification Defenses 165 Criminal Justice as a System 107 Excuse Defenses 167 The System Perspective 107 CLOSE UP: Criminal Intent and the Appropriateness of Characteristics of the Criminal Justice System 107 Punishment 174 Operations of Criminal Justice Agencies 111 Procedural Criminal Law 174 TECHNOLOGY AND CRIMINAL JUSTICE: Anticipating The Bill of Rights 176 The Future of Technology and Criminal Justice 112 The Fourteenth Amendment and Due Process 176 Police 112 The Due Process Revolution 177 Courts 113 CRIMINAL JUSTICE AND THE RISK OF Corrections 114 MISINFORMATION: Myths and Reality about the Second The Flow of Decision Making in the Criminal Justice Amendment 178 System 114 The Fourth Amendment: Protection against Unreasonable Searches and Seizures 180 Steps in the Decision-Making Process 116 INSIDE TODAY’S CONTROVERSIES: Florida v. Jardines The Criminal Justice Wedding Cake 119 and The Prospect for Change 180 THE CRIMINAL JUSTICE PROCESS: The State of The Fifth Amendment: Protection against Self-Incrimination Michigan versus Christopher Jones 120 and Double Jeopardy 182 Crime and Justice in a Multicultural Society 127 The Sixth Amendment: The Right to Counsel and a Fair Disparity and Discrimination 127 Trial 183 INSIDE TODAY’S CONTROVERSIES: What I Learned The Eighth Amendment: Protection against Excessive about Stop-and-Frisk from Watching My Black Son 130 Bail, Excessive Fines, and Cruel and Unusual Explanations for Disparities 132 Punishments 186 CLOSE UP: Racial Profiling 136 The Supreme Court Today 188 CRIMINAL JUSTICE AND THE RISK OF EVIDENCE-BASED PRACTICE AND POLICY: Debates MISINFORMATION: Beliefs about Undocumented about Judges’ Capabilities as Policy Makers 190 Immigrants and Crime 140 A QUESTION OF ETHICS 191 CIVIC ENGAGEMENT: Your Role in the System 142 Summary 192 A QUESTION OF ETHICS 143 Summary 143 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents vii PART 2 POLICE 195 5 6 POLICE 196 POLICE OFFICERS AND LAW ENFORCEMENT The Development of Police in the United OPERATIONS 244 States 199 The English Roots of the American Police 200 Who Are the Police? 246 Policing in the United States 201 Recruitment 247 CRIMINAL JUSTICE AND THE RISK OF CRIMINAL JUSTICE AND THE RISK OF MISINFORMATION: Avoiding the Politics of Fear 208 MISINFORMATION: The Importance of Accuracy in Law Enforcement Agencies 212 Criminal Justice Records and Communications 248 Federal Agencies 213 The Changing Profile of the Police 250 State Agencies 216 Training 254 INSIDE TODAY’S CONTROVERSIES: Training in an Era County Agencies 216 of Controversy: De-escalation and Use of Force 254 Native American Tribal Police 217 The Police Subculture 257 Municipal Agencies 217 The Working Personality 257 Special Jurisdiction Agencies 217 Police Isolation 259 Police Functions 218 Job Stress 260 Order Maintenance 219 Police Response and Action 261 TECHNOLOGY AND CRIMINAL JUSTICE: Chicago’s Technology-Based Effort to Enhance Law Organizational Response 262 Enforcement 220 Productivity 264 Law Enforcement 221 Delivery of Police Services 266 Service 222 Patrol Functions 266 Implementing the Mandate 222 CIVIC ENGAGEMENT: Your Role in the System 268 Organization of the Police 223 Investigation 268 Bureaucratic Elements 223 Special Operations 272 Operational Units 225 Issues in Patrolling 275 CIVIC ENGAGEMENT: Your Role in the System 225 Assignment of Patrol Personnel 275 The Police Bureaucracy and the Criminal Justice EVIDENCE-BASED PRACTICE AND POLICY: System 225 Evidence-Based Policing and Patrol 276 Police Policy 226 TECHNOLOGY AND CRIMINAL JUSTICE: Specialized Everyday Action of Police 228 Software, Information Analysis, and Crime Control 278 CLOSE UP: Should Police Officers Wear Individual Body Encounters between Police and Citizens 228 Cameras? 282 Police Discretion 229 Community Policing 284 Domestic Violence 229 CIVIC ENGAGEMENT: Your Role in the System 285 Police and the Community 231 Crime and the Impact of Patrol 286 EVIDENCE-BASED PRACTICE AND POLICY: Evidence- The Future of Patrol 287 Based Practices and Issues with Mental Illness 232 A QUESTION OF ETHICS 288 Special Populations 232 Summary 288 Policing in a Multicultural Society 233 CLOSE UP: Living Under Suspicion 236 7 POLICING: CONTEMPORARY ISSUES INSIDE TODAY’S CONTROVERSIES: The President’s Task Force on 21st-Century Policing 238 AND CHALLENGES 292 Community Crime Prevention 238 CRIMINAL JUSTICE AND THE RISK OF CIVIC ENGAGEMENT: Your Role in the System 238 MISINFORMATION: Erroneous Retweets 296 A QUESTION OF ETHICS 240 Policing and New Technology 296 Summary 240 The Challenge of New Crimes 297 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.