Fundamentals of Criminal Justice Steven E. Barkan University of Maine George J. Bryjak University of San Diego Boston • New York • San Francisco Mexico City • Montreal • Toronto • London • Madrid • Munich • Paris Hong Kong • Singapore • Tokyo • Cape Town • Sydney
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Fundamentals of Criminal Justice - Pearson Contents partONE Understanding Criminal Justice 1 1: Crime, Justice, and Law in American Society 1 2: Counting and Explaining Crime 22 UNDER
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Fundamentals of Criminal
JusticeSteven E. Barkan
University of Maine
George J. BryjakUniversity of San Diego
Boston • New York • San Francisco
Mexico City • Montreal • Toronto • London • Madrid • Munich • Paris
Hong Kong • Singapore • Tokyo • Cape Town • Sydney
Series Editor: Jennifer JacobsonEditorial Assistant: Amy HolborowSenior Marketing Manager: Krista GroshongEditorial-Production Administrator: Anna SocratesEditorial-Production Service: Omegatype Typography, Inc.Manufacturing Buyer: Megan CochranComposition and Prepress Buyer: Linda CoxCover Administrator: Linda KnowlesInterior Designer: Carol SombergPhoto Researcher: Katharine S. CookIllustrations: Omegatype Typography, Inc.Electronic Composition: Omegatype Typography, Inc.
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Library of Congress Cataloging-in-Publication Data
Barkan, Steven E.Fundamentals of criminal justice / Steven E. Barkan and George J. Bryjak.
p. cm.Includes bibliographical references and index.ISBN 0-205-29518-5 (alk. paper)1. Criminal justice, Administration of. 2. Criminal justice, Administration of—United
States. I. Bryjak, George J. II. Title.
HV7419 .B37 2004364—dc21
2002038322
Photo credits appear on the last page following the index, which constitutes an extensionof the copyright page.
Printed in the United States of America
10 9 8 7 6 5 4 3 2 1 WEB 08 07 06 05 04 03
Brief Contents
Understanding Criminal Justice 1p a r t O N E11: Crime, Justice, and Law in American Society 1
22: Counting and Explaining Crime 22
UNDER INVESTIGATION: Who Commits Crime? 54
33: Crime in the United States 60
UNDER INVESTIGATION: Street Gangs and Motorcycle Gangs 98i n t e r c h a p t e r
i n t e r c h a p t e r
44: Criminal Law 104
55: Victims and Victimization 130
UNDER INVESTIGATION: Terrorists and Victims—A World at Risk 164i n t e r c h a p t e r
Crime and Victimization 104p a r t T W O
Law Enforcement 172p a r t T H R E E66: The Police: History, Organization, and Composition 172
UNDER INVESTIGATION: Community Policing and Militarizing the Police 202
77: Becoming a Cop and Doing Police Work 208
88: Police Misconduct 240
i n t e r c h a p t e r
99: Criminal Courts: History, Organization, and Pretrial Procedures 270
1100: Plea Bargaining and Jury Trials 308
1111: Sentencing 346
Courts and Sentencing 270p a r t F O U R
1122: Prisons and Punishment: Yesterday and Today 376
UNDER INVESTIGATION: The Surge in Incarceration 406
1133: Life behind Bars 410
UNDER INVESTIGATION: Health and Health Care in Prisons 448
1144: Community Corrections and Juvenile Justice 452
i n t e r c h a p t e r
i n t e r c h a p t e r
Punishment and Corrections 376p a r t F I V E
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Contents
Understanding Criminal Justice 1
p a r t O N E
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c h a p t e r 11Crime, Justice,and Law in American SocietyCrime and the operation of the
criminal justice system are two of
the most important issues in
today’s society. This chapter dis-
cusses popular views of crime,
examines the major goals of the
U.S. criminal justice system, and
presents several models of how
the criminal justice system works.
p. 1
The Problem of Crime 2The Problem in Understanding Crime 3
Media Coverage andMyths about Crime 4
The Get Tough Approach 6
The Criminal JusticeSystem 7Events in the Criminal Justice System 8
The Size and Cost of Criminal Justice 10
Understanding theCriminal JusticeSystem 12Goals of Criminal Justice 12
Models of Criminal Justice 13
Focus On Islam: The Islamic Concept of Crime 18
Take a Look xv
A Message from the Authors xxii
Crimes of Violence 63Homicide 64
Robbery 71
Rape and Sexual Assault 72
Aggravated Assault 73
Domestic Violence 74
Property Crimes 75Burglary 75
Larceny–Theft 77
Motor Vehicle Theft 78
Arson 79
Hate Crimes 80Stalking 82
Prostitution 82Drunk Driving 83Illegal Drugs 85Drug Use 87
The Drug DistributionSystem 88
Organized Crime 89
Occupational Crime 91
Focus on Russia: Organized Crime in aChanging Society 94
c h a p t e r 22Counting and Explaining CrimeTo reduce crime, our society must
first know how much crime we
have and why it occurs. This
chapter reviews the primary
ways in which government offi-
cials and criminal justice
researchers measure crime, and
it outlines important explana-
tions of crime from the fields of
biology, psychology, and sociology.
c h a p t e r 33Crime in the United StatesThis chapter is an up-to-
date summary of the major
forms of criminal activity in
the United States, including
stalking, prostitution, drunk
driving, hate crimes, occupa-
tional crimes, and organized
crime. A survey of illegal
drug use is presented,
including an examination of the drug distribu-
tion system beginning with the coca growing
fields of South America.
UNDER Investigation:
Who Commits Crime? p. 54Crime is socially patterned. This Under Investigation examines the kinds of people who are more
likely to commit crime, and the kinds of places that are more likely to have crime. This section dis-
cusses how age, gender, race and ethnicity, social class, and urban residence all affect crime rates.
Focus on Canada:Juvenile Justice in Transition 482
c h a p t e r 1144CommunityCorrections andJuvenile JusticeThe U.S. correctional system
includes community correc-
tions for millions of adults
and the juvenile justice sys-
tem for youthful offenders.
This final chapter examines
both of these institutions. A
major theme is the effective-
ness and cost of community corrections for
adults and juveniles compared to incarceration.
Appendix: Criminal Justice Information on the Internet A-1
Glossary G-1
References R-1
Name Index I-1
Subject Index I-8
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UNDER Investigation:
Health and Health Care in Prisons p. 448Convicted criminals bring with them many health problems when they enter prison, and prison con-
ditions themselves can lead to further health problems. This Under Investigation discusses these prob-
lems and critically examines the quality of health care in U.S. prisons.
i n t e r c h a p t e r
p. 452
“If utilized by students,these questions [for exploration]
can be very effective tools.In essence, students have a study
guide for each chapter without theadditional purchase. The questionsare specific enough to elicit a firm
grasp of the material.”
–Angela M. Nickoli, Ball State University
In every chapter . . .� Opening Questions for Exploration organize
the student’s study of the chapter content.
� Each chapter opens with a real-life vignetteto bring the topics under discussion to life.
� Clear topic headings throughout the chaptersreinforce this organized study. Charts, graphs, pho-tographs, and interesting anecdotes within eachchapter also reinforce learning. New terms aredefined in the margins.
Take a look at the many exciting features inside the book . . .
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� Focus OnEach chapter also features an international Focus On box that highlights an aspect of the criminal justice system from another society. Theseboxes familiarize students with the structure and workings of criminal justicearound the world through a comparative perspective. For example, students see that dispensing justice in criminal courts in the United Statesis very different from determiningguilt and innocence in other nations.
� Chapter SummaryAll chapters end with a chapter summary and list of key terms to ensure that students understand thecentral concepts and facts of the chapter.
“The summaries at the end of each chapterare quite extensive and will be very helpfulto students who are seeking to have mainpoints synthesized in an orderly andcomprehensive manner. This is much better than simple conclusions offered in other books.“
–Tod W. Burke, Radford University
“The international focus clearly distinguishes this text from others on the market.“
–Tod W. Burke, Radford University
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� Questions for InvestigationThese questions ask students todemonstrate their comprehension of the topics covered and to connectvarious related concepts.
“I especially like theQuestions for Investigationas they give the student achance to think criticallyabout the subject andprovide me with anexcellent resource for essay-type or discussiontopics.“
–Robert Neville, College of Siskiyous
� It’s Your CallThis feature invites students toassume a role in various hypotheticalsituations that people involved in thecriminal justice system must faceevery day.
“These features are crucial in ashrinking world. The use of focusquestions to each of these sidebarsis great.“
–L. Edward Day, Pennsylvania State University, Altoona
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� A unique format!Six “interchapters” located between chapters give the user the flexibility to branch out from the 14 chapters in several different directions. Topics of these interchapters include “Street Gangs and Motorcycle Gangs,” “Health and Health Care in Prisons,” and “Terrorists and Victims–A World At Risk.”
There are countless ways to use these unique interchaptersin your course: include them as assigned reading; usethem for extra credit projects; assign one or two for in-depth study; ask your students to choose one to use asa launching point for a research project . . . it’s up to you!
“It [the format] adds anotherdimension to the material in the text.
This is a very good technique.”
–Angela M. Nickoli, Ball State University
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What your colleagues are saying about
Fundamentals of Criminal Justice� “Fundamentals of Criminal Justice lucidly covers standard material for an introductory
course, while maintaining a multicultural, comparative edge. This is the first introductorybook I have seen that systematically includes issues pertinent to women and minorities,such as racial profiling in policing, stalking, jury nullification, hate crimes, female gangparticipation, habitual offender statutes, the family structure debate, and elaborate details about incarceration trends and what this means to the average citizen.I find it extremely enlightening and refreshing.“
– Jana Bufkin, Drury University
� “Students would respond favorably to this text. This is probably the one text that would pryme away from my current textbook. It is very well organized and the material is organized in an interesting and useful manner. Finally, an intro text that covers the essentials withexceptional analysis and practical examples. Nicely done!“
– Tod W. Burke, Radford University
� “The overall approach of the text is simple, yet effective. Unlike other introductory texts,this text does not bog down the material with too much information; yet, it accents thematerial with Focus On boxes and the Under Investigation sections.”
– Angela M. Nickoli, Ball State University
� “I think this text will be a good addition to the options already available for introductorycourses. I believe that the students will find the text stimulating yet comprehensive.“
– Robert Neville, College of Siskiyous
� “There is a certain set of topics that needs to be covered in all introductory criminal justicecourses. This text hits the right spots. I was especially pleased to see jury nullification gettingspecial attention. . . . Perhaps its best quality is that, as opposed to their competitors, theauthors actually demonstrate a bit of courage.You can actually find critical evaluations of the system and our knowledge of it. When the textbooks we use provide few examples of critical thinking, it should be no surprise that our students don’t either.”
– L. Edward Day, Pennsylvania State University, Altoona
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Instructor’s Manual and Test BankThis Instructor’s Manual/Test Bank includes unit objectives,unit outlines, a wealth of thought-provoking discussionquestions, and activities. The Test Bank contains hundreds of challenging multiple-choice, true-false, short answer, and essay questions along with an answer key. The questions closely follow the text units and are cross-referenced with corresponding page numbers.
Online Text-Specific PowerPoint™ Lecture PresentationsA complete set of chapter-by-chapter PowerPoint™ lecturepresentations, containing approximately 20 slides perchapter and specific to Fundamentals of Criminal Justice,is also available to adopters, giving instructors countlesspresentation options for their introductory course.
TestGen EQ: Computerized Test BankThis computerized version of the Test Bank is available withTamarack’s easy-to-use TestGen software, which lets youprepare tests for printing as well as for network and onlinetesting. It provides full editing capability for Windows andMacintosh. Fax-in testing is also available!
VideosQualified adopters receive one or more videos, including the Allyn and Bacon Interactive Videos for Criminal Justice, or “Prime Time Crime,“ and can also choose from a complete Video Library. Contact your publisher’srepresentative for information on how you can access the latest news footage that relates directly to text content.
Digital Media Archive for Criminal Justice,Version 2.0Newly updated for adopters of Fundamentals of CriminalJustice, this CD-ROM contains electronic images of charts, graphs, maps, tables, and figures; media elementssuch as video and audio clips and related weblinks; and introductory criminal justice PowerPoint™ lecture presentations. Instructors can customize pre-formattedPowerPoint™ lectures or import the media assets into their own presentations.
The Blockbuster Approach: Teaching Criminal Justice and Criminology with Video, 2/eThis supplement effectively guides the instructor on how to integrate feature films into the introductory course successfully and offers hundreds of film suggestions for the general topics covered in the course. Includes the latest Hollywood films!
CourseCompass for Introductory Criminal JusticeInstructors can focus on teaching the course—not on the technology—and create an online course with noheadaches. CourseCompass combines the strength of Allyn and Bacon content with state-of-the-art technology that simplifies course management. This easy-to-use andcustomizable program enables instructors to tailor thecontent and functionality to meet their individual needs. Visit www.coursecompass.com
WebCT and BlackboardA WebCT e-Pack or Blackboard Cartridge is available withpublished content that can be loaded into your course. Seeyour Publisher’s Representative or visit www.ablongman.com/techsolutions for more information.
Custom Publishing OpportunitiesCreate your own customized reader with content and organization that matches your course syllabus. Select from hundreds of readings available throughBoundaries, the Pearson Custom Publishing database in deviance, crime, and criminal justice. The anthologyincludes readings on the hottest topics such as terrorism and white collar crime, news articles from the latestheadlines, and a wealth of state-specific information. You may also include your own writing, course-relatedinformation, or readings from outside sources. Contact your publisher’s representative for more information on how easy and inexpensive it is to “go custom”!
Outstanding support materialsmake it easy . . .
. . . for instructors to teach!
Practice Tests with Lecture OutlinesThis workbook contains practice tests for every chapterand printouts of the PowerPoint™ lecture outlines with space for note taking.
Careers in Criminal Justice, 2/eTextbook + FREE Careers in Criminal Justice, Second EditionValuePackage ISBN: 0-205-40672-6
This set of biographies of criminaljustice professionals helps studentsand professors answer the often-asked question, “What can I do with a degree in criminal justice?“ The text provides meaningful
answers to a specific, targeted audience—typical studentswho are taking their first criminal justice course. The biogra-phies are organized by various subfields and include discus-sions of what can be done with a B.A., M.A., Ph.D., or acombination of degrees.
Companion Website(www.ablongman.com/barkan1e)This dedicated Website gives students the opportunity to quiz themselves on key chapter content online and to explore additional activities and resources.
State SupplementsAllyn & Bacon currently offers 11 state supplements withstate-specific information on each state’s criminal justice system. The following states are currently available and canbe packaged FREE with Fundamentals of Criminal Justice:CA, FL, IL, KY, MI, NC, NY, OH, PA, TX, and WV.
eThemes of the Times for Introductory Criminal JusticeThis online collection of about 30 contemporary articles from the award-winning New York Timesbrings currency and relevancy to the classroom. With additional pedagogy around eThemes articles, such as discussion and research questions, students practice their critical thinking and reading skills.
Research Navigator Guide: Criminal JusticeTextbook + FREE Research Navigator for Criminal Justice ValuePackage ISBN: 0-205-40673-4
This helpful booklet explains how to do high-quality onlineresearch and how to document it properly. It containsweblinks and activities specific to criminal justice. This bookletalso contains an access code to Research Navigator.
Research Navigator™ (www.ablongman.com/researchnavigator)Pearson’s new Research Navigator™ is the easiest way for students to start a research assignment or research paper.Complete with extensive help on the research process andthree exclusive databases of credible and reliable sourcematerial, including EBSCO’s ContentSelect™ Academic Journal Database, New York Times Search by SubjectArchive, and “Best of the Web” Link Library, Research Navigator™ helps students make the most of their research time.
Research Navigator™ requires a Pearson Access Code, which is included in Allyn & Bacon’s Research Navigatorfor Criminal Justice.
. . . and for students to learn!
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Steven E. BarkanSteven E. Barkan is the author of numerous books and articles on crime, criminal justice, andsocial movements. He is the author of Criminology: A Sociological Understanding, Second Edi-tion (Prentice Hall, 2001), Collective Violence (with Lynne L. Snowden; Allyn & Bacon, 2001),Discovering Sociology: An Introduction Using ExplorIt, Second Edition (Wadsworth, 2003), andseveral articles on political justice and on racial prejudice and punitive attitudes toward crimi-nals. He and his wife, Barbara Tennent, enjoy walking their dog, Sadie, whom they adoptedfrom an animal shelter. Their older son, Dave, is a software engineer in the field of bioinfor-matics, while their younger son, Joe, is presently in college.
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Meet the Authors
We finished writing this text after the tragic attacks ofSeptember 11, 2001, when commercial airliners hijackedby terrorists crashed into New York City’s World TradeCenter, the Pentagon, and farmland in western Penn-sylvania. More than 3,000 people died that terrible day,including dozens of police officers who rushed into theWorld Trade Center before it collapsed.
In the aftermath of this tragedy, the nation strug-gled with many issues, including how best to balancethe need for security with civil liberties guaranteed bythe Constitution.Among other actions, the governmentdetained hundreds of Middle Eastern immigrants,many of whom were neither informed of the chargesagainst them nor allowed to consult attorneys; otherswho were allowed to consult lawyers were told thattheir conversations would be monitored. Criticscharged that these actions violated constitutional safe-guards, whereas defenders of these measures arguedthey were a necessary response to the continuing ter-rorist threat facing the nation.
This debate makes clear the fact that the criminaljustice system—law enforcement, the criminal courts,and corrections—continues to play an important yetcontroversial role in life in the United States, both inordinary times and during national crises. This bookaddresses several key topics and questions for under-standing the role that criminal justice plays, the con-troversies it raises, and its potential for addressing thecrime problem.
A first topic, and probably the most important forstudents to learn, is how the criminal justice system isstructured and how it works in reality (as opposed to howit functions ideally). Because most students obtain theirknowledge of this system from television programs and
movies, their understanding of the practice of criminaljustice is necessarily limited or even gravely mistaken.Our book provides them with an accurate and compre-hensive view of the police, the criminal courts, and cor-rections in the United States.
A second and related topic is the role played byrace, class, and gender in the operation of the criminaljustice system. This role is both complex and signifi-cant, and most other texts do not treat it adequately.For a complete and accurate understanding of the crim-inal justice system, students must be aware of the im-pact of these essential components of contemporaryU.S. society.
A third topic involves the tension between publicsafety and civil liberties that came to the forefront af-ter the September 11 attacks. In a democracy, it is cru-cial to strike that delicate balance between these twogoals, but this is extremely difficult to accomplish.Weaddress this issue in the first chapter and return to itperiodically throughout the book.
A final topic is the capacity of the criminal justicesystem (either as it currently exists or with appropri-ate reforms) to control criminal behavior and to reducecrime. This capacity is the very reason for having acriminal justice system, and our treatment will helpstudents recognize both its potential and its limitationsfor protecting society.
In addressing these issues, the book casts a criti-cal but balanced eye that draws on sociology and otherdisciplines and is grounded in the most recent empir-ical evidence. We recognize that students come fromvaried settings (like us, one a Californian and the othera Mainer), and that they have different views on, andexperiences with, issues of crime and justice.Thus, we
A Message from the Authors
George J. BryjakGeorge J. Bryjak received his Ph.D. from the University of Oklahoma in 1980 and is a professor of soci-ology at the University of San Diego. His areas of interest include criminology, deviant behavior, the soci-ology of developing nations, and the sociology of sport. He is the co-author of three books (with MichaelP. Soroka): Sociology: Changing Societies in a Diverse World, Fourth Edition (Allyn & Bacon, 2001), SocialProblems: A World at Risk, Second Edition (Allyn & Bacon, 1999), Sociology; The Biological Factor (PeekPublications, 1985). He was the recipient of a summer Fulbright fellowship to India (1981), and was avisiting professor at a teacher's college in Zakopane, Poland (1993). His social commentary articles appearregularly in the San Diego Union-Tribune. He and his wife, Diane, have three passions in life: travelling,hiking in the mountains, and their granddaughter Elizabeth—not necessarily in that order.
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encourage students from both two-year and four-yearinstitutions to draw their own conclusions on themany issues the text addresses, and we provide themwith engaging yet comprehensive discussions of thelatest research to help them do so.
We, the authors and publishers, would like to cau-tion readers about the graphic subject matter and lan-guage within some of the chapters and interchaptersin Fundamentals of Criminal Justice, especially withinquoted materials. Changing such subject matter andlanguage would have resulted in a lack of authenticityand jeopardized the integrity of such materials.
Acknowledgments
Writing a textbook requires a great deal of intellectual,and even physical, energy and has occupied much ofour time. After completing such an endeavor, it istempting to think in terms of “we did it,” that is, thetwo authors. However, numerous people have givengenerously of their time and talent in the preparationof this book.
We are especially grateful to sociology editorKaren Hanson for having faith in our ability as sociol-ogists and writers. Series editor Jennifer Jacobsonprodded us (even pushed us a bit) down paths we didnot always want to go. Monica Ohlinger and JoanneVickers of Ohlinger Publishing Services did a terrificjob in shaping the manuscript in the final months ofthe project. A special thanks to Joanne whose insight-ful comments and editorial skills contributed immea-surably to what we believe is a first-class textbook.
The University of San Diego provided two facultyresearch grants and a full-year sabbatical toward thecompletion of this project. The reference librarians atthis institution never failed to provide needed infor-mation, in many cases long after hope had been lost ofever locating an obscure journal or foreign newspaper.Research assistant Kate Martin spent many summerafternoons in San Diego perusing library stacks andreturning with an armload of books and journal arti-cles. We would also like to thank the reviewers whocarefully read early drafts of the manuscript, madeinnumerable comments (many of them incorporatedin the final draft), and pointed out any mistakes oroversights. We sincerely appreciate your time andeffort. These reviewers include: Roger C. Barnes, Uni-versity of the Incarnate Word; Barbara Belbot, Univer-sity of Houston, Downtown; Jana Bufkin, DruryUniversity; Tod W. Burke, Radford University; LigunCao, Eastern Michigan University; Katherine A.Culotta, Indiana State University; L. Edward Day, Penn-sylvania State University, Altoona; Thomas E. Fields,Cape Fear Community College, UNC–Wilmington; Ann-Victaire Lawrence-Robinson, Kean University; WilliamJ. Mathias, University of South Carolina; NicholasMeier, Kalamazoo Valley Community College; RobertNeville, College of Siskiyous; Angela M. Nickoli, BallState University; Jeannette M. Sereno, California StateUniversity, Stanislaus; and Brad Smith,Terra Commu-nity College.
Finally, we acknowledge our significant others,Diane Kulstad and Barbara Tennent. They endured anendless work schedule and our book-writing highs andlows during the preparation of this text. We are grate-ful for their understanding, support, and love.