CiNii 図書 - Criminal justice

Albanese's Criminal Justice, 4th edition is a thorough introduction to the field of criminal justice. In addition the major concepts, this text focuses on critical thinking as well as the media's influence on both criminal justice and the public's perception of criminal justice. Albanese gives new attention to up-to-the-minute laws and policies related to crime, search and seizure, and operations of the criminal justice system. The text examines cutting-edge issues of technology, including crimes facilitated by the Internet and identity theft.

Contents Features xvii Preface xix 1 Perspectives on Criminal Justice 1 Perspectives on Crime 2 Media Perspectives on Crime 2 The Political Perspective on Crime 3 Crime and Other Life Events 6 Effects of Fear 7 The Universality of Crime 11 What Is Crime? 12 Historical and Political Contexts of Crime 12 Origins of the Criminal Justice System 15 Justice in the Colonial Period 17 The Evolution of Due Process 18 THAT'S A FACT: Perspectives on Fear of Crime 8 MEDIA AND CRIMINAL JUSTICE: Television Crime Dramas and the Causes of Homicide 14 CRITICAL THINKING EXERCISES: Carjackings in the United States 19 Binge Drinking 19 2 The Nature and Causes of Crime 23 Defining Deviance 25 Thinking versus Acting 26 Mala in Se, Mala Prohibita, and Criminal Harm 26 Criminalization of Behavior 29 How Can Crime Be Explained? 32 Biological Determinism and Psychological Explanations 36 Sociological Explanations 37 Rational Choice Explanations 41 Gender-Based Explanations 42 Guns, Drugs, and Crime 42 Guns 42 Drugs and Alcohol 46 THAT'S A FACT: Perspectives on Gun Control by Teenagers and Adults 45 MEDIA AND CRIMINAL JUSTICE: Perceptions and the Reality of Crime 39 CRITICAL THINKING EXERCISES: Choosing What to Criminalize 49 A Case Study of Delinquency 49 3 Defining and Measuring Crime 54 What Are the Types of Crime? 56 How Are Violent Crimes and Property Crimes Classified? 56 Homicide 57 Sexual Assault 58 Assault 58 Robbery 59 Burglary 60 Larceny 60 Arson 61 How Are Crime Rates Determined? 61 The FBI Uniform Crime Reports 63 The National Crime Victimization Survey 66 What Offenders Say 72 The Future of Crime in the United States 73 THAT'S A FACT: Perspectives on the Crime Index 68 MEDIA AND CRIMINAL JUSTICE: America's Most Wanted: America Fights Back 62 CRITICAL THINKING EXERCISES: The Circumstances of Crime 75 Identifying Serious Crimes 75 4 Perpetrators and Victims of Crime 78 Who Are the Victims and Perpetrators of Crime? 80 Age 80 Gender 81 Race and Ethnicity 84 Socioeconomic Status 89 What Is Crime Profiling? 89 Offender Profiles 89 Victim Profiles 91 Crime Scene Profiles 92 THAT'S A FACT: Perspectives on Partner Violence 84 MEDIA AND CRIMINAL JUSTICE: Superheroes and Crime Prevention 90 CRITICAL THINKING EXERCISES: The Characteristics of Homicide 93 Preventing School Shootings 94 5 Criminal Law 97 What Is Criminal Law? 99 Four Sources of American Criminal Law 100 Limits on Criminal Law 101 How Did the American System of Law and Justice Develop? 103 Evolution of Lawful Justice 103 Evolution of Due Process 105 How Does the Law Define the Elements of a Crime? 107 Characteristics of Criminal Acts 109 The State of Mind Requirement 110 What Defenses against Criminal Charges Does the Law Recognize? 111 Defenses Related to Mental Illness 111 Defenses Involving Force 114 Defenses Involving Justification or Excuse 116 What Are Some Concerns about Applying Criminal Law? 120 Controlling Animals or Owners? 121 Assisted Suicide or Murder? 121 THAT'S A FACT: Perspectives on Liability for the Death of Others 118 MEDIA AND CRIMINAL JUSTICE: Murder on TV: Law & Order, The Practice, and NYPD Blue 108 CRITICAL THINKING EXERCISES: Justice on the Carolina Frontier (1764) 123 What Are the Crimes of the Century? 123 6 The Criminal Justice System 128 What Are the Agencies of Criminal Justice? 130 Law Enforcement 130 Courts 131 Corrections 132 What Is Procedural Law? 133 Law, Investigation, and Arrest 134 The Fourth Amendment and Probable Cause 134 Arrest 136 What Is Involved in Criminal Court Procedure? 136 Initial Appearance and Preliminary Hearing 136 Grand Jury, Indictment, Arraignment 138 Trial and Conviction 140 Sentencing and Appeals 140 What Are Some Concerns about the Criminal Justice System? 142 The Cost of Justice 142 Fairness in Adjudication 145 THAT'S A FACT: Perspectives on Fairness in the Criminal Justice System 144 MEDIA AND CRIMINAL JUSTICE: The Star Chamber 146 CRITICAL THINKING EXERCISES: The Limits of Drug Testing 147 Addressing Violence in Entertainment 147 7 Criminal Procedure and the Police 151 What Is the Role of Police in Criminal Procedure? 153 Reasonable Suspicion and Stop and Frisk 153 The Exclusionary Rule 156 The Good Faith Exception 157 Knock and Announce 158 Searches without Warrants 159 The Fifth Amendment and the MirandaWarning 165 The Public Safety Exception 169 Interrogations and Confessions 169 Impacts of Procedural Law on Law Enforcement 170 THAT'S A FACT: Perspectives on Profiling 172 MEDIA AND CRIMINAL JUSTICE: Law & Order 168 CRITICAL THINKING EXERCISES: The Limits of Stop and Frisk 174 Civil Suits against Police 175 8 Origins and Organization of Law Enforcement 178 How Did Policing Evolve? 180 The Watch and Ward System 180 The New Police Bobbies 182 Metropolitan Police in American Cities 183 Crime Commissions and the Professionalization of Policing 185 The Law Enforcement Assistance Administration 186 What Is the Organization of Law Enforcement? 187 Local Police 187 State Police 192 Federal Law Enforcement Agencies 193 Transnational Law Enforcement 196 Who Are the Police? 198 Training and Education 199 Issues of Gender and Race 201 What Are Some Concerns about Policing in the United States? 204 The Dilemma of Jurisdictions and Need for Cooperation 204 The Impacts of Technology and the Media on Police Work 206 The Movement toward Private Policing 209 THAT'S A FACT: Perspectives on Police Agencies You Haven't Heard About 202 MEDIA AND CRIMINAL JUSTICE: Police Dramas on Television 205 CRITICAL THINKING EXERCISES: Campus Law Enforcement and Crime 211 The Cyclical Nature of Community Policing 212 9 Issues in Law Enforcement and Police Behavior 218 Is There Such a Thing as a Police Personality? 220 Myths and Stereotypes about Police 220 Three Styles of Policing 222 Current Research on Police Attitudes toward Their Jobs 223 Current Research on Police Attitudes toward the Public They Serve 224 How Should Police Performance Be Evaluated? 227 Police Discretion and Police Misconduct 228 Police Pursuits 231 Crime Response and Clearance Rates 232 Arrest and Conviction Rates 233 Community Service 234 What Are Some Forms of Police Corruption? 236 Explanations of Corruption 237 Preventing Corruption 240 What Is Legitimate Use of Deadly Force? 242 Victims of Violent Crime Control 242 "Fleeing Felon" and "Prowler Inside" Laws 244 Police Brutality 246 THAT'S A FACT: Perspectives on a New Role for Police: Intelligence Gathering 234 MEDIA AND CRIMINAL JUSTICE: Police and Terrorists in Film 241 CRITICAL THINKING EXERCISES: Responding to Spouse Abuse 249 An Appropriate Remedy for Police Misconduct? 250 10 Origins and Organization of the Courts 257 How Were Criminal Courts Similar and Different in the Past? 259 How Did the State and Federal Court Systems Develop? 260 State Court Systems 261 The Federal Court System 263 Who Are the Participants in the Judicial Process? 266 Prosecutors 266 Defense Counsel and Defendants 269 Judges 270 Victims and Witnesses 272 Juries 275 The Courtroom Work Group 276 How Are Specialized and Alternative Courts Changing the Court System? 278 Felony Drug Courts 278 Dispute Resolution and Community Courts 279 THAT'S A FACT: Perspectives on the Deluge of Criminal Cases 280 MEDIA AND CRIMINAL JUSTICE: Seeking Justice in Court and on TV 277 CRITICAL THINKING EXERCISES: Independent Counsel and Prosecutorial Misconduct 282 Limiting Criminal Appeals 283 11 Trial Defense and Prosecution 288 What Are the Rights of the Accused? 290 Right to Counsel 290 Right to Effective Counsel 293 How Are Cases Settled without Trial? 295 Prosecutorial Discretion 297 Diversion of Cases 298 Plea Bargaining 299 What Are Some Problems of the Court System? 300 Caseloads 301 Case Mortality 303 Adjudicate the Offender or the Act? 308 Crime Control or Due Process? 310 THAT'S A FACT: Perspectives on Adjudication 302 MEDIA AND CRIMINAL JUSTICE: The Matrix Made Me Do It 296 CRITICAL THINKING EXERCISES: Selective Prosecution of High-Rate Offenders 311 Should a Lawyer Defend a Guilty Person? 312 12 Trials and Sentencing 317 What Happens at Trial? 319 Jury Selection 320 Witness Testimony and Evidence 321 Defense Strategies 322 Arguments and Outcomes 323 How Do Judges Decide on a Sentence? 323 Retribution and Incapacitation 324 Deterrence and Rehabilitation 326 Probation, Restitution, and Incarceration 327 The Presentence Report 328 How Do Sentencing Options Differ? 328 Indeterminate Sentencing 328 Determinate Sentencing 329 Sentencing Guidelines 334 How Does the Eighth Amendment Restrict Sentencing? 336 What Is the Answer to the Death Penalty Debate? 337 The Legal Status of the Death Penalty 337 Application of The Death Penalty 341 Arguments for and against Capital Punishment 342 THAT'S A FACT: Perspectives on the Death Penalty 343 MEDIA AND CRIMINAL JUSTICE: Dead Man Walking 338 CRITICAL THINKING EXERCISES: Victim's Race and Death Penalty Decisions 348 Is Life Imprisonment a More Severe Punishment Than the Death Penalty? 349 13 Origins and Organization of Jails and Prisons 356 How Are Correctional Institutions in the United States Organized? 358 The Invention of the Prison 358 Levels of Custody 360 State and Federal Correctional Systems 361 Problems with Jails 362 How Do Correctional Institutions Operate? 364 Punishment 364 Custody and Deterrence 365 Rehabilitation and Reform 365 Models of Prison Administration 366 Who Is in Prison? 367 Correlates of Incarceration 367 Incarceration of Women 370 Prison Overcrowding 371 What Is Inmate Life Like? 371 Prison Work 372 Drug Use and Treatment Programs 374 AIDS in Prison 376 Prison Gangs 377 Violence in Prison 378 What Are Prisoners' Rights and Responsibilities? 380 Constitutional Rights 380 Prison Rules 382 THAT'S A FACT: Perspectives on Prisoner Trends 369 MEDIA AND CRIMINAL JUSTICE: The Shawshank Redemption 373 CRITICAL THINKING EXERCISES: Private Prisons and Liability 383 The Elderly Inmate 384 14 Probation and Community Corrections 390 What Are the Alternatives to Incarceration? 392 Fines as a Form of Criminal Sanction 393 Probation 395 Intensive Supervision 398 Confinement and Monitoring 399 How Can Ex-offenders Return to the Community after Prison? 401 Parole 401 Work/Study Release and Furloughs 403 Halfway Houses 405 Pardons and Commutations 406 What Are Forms of Authentic and Restorative Justice? 407 Restitution and Repair 409 Mediation 409 Shock Incarceration 410 Corporal Punishment and Public Humiliation 412 Forced Birth Control and Chemical Castration 414 Forfeitures and Fees 416 THAT'S A FACT: Perspectives on Probation and Parole 397 MEDIA AND CRIMINAL JUSTICE: 25th Hour 402 CRITICAL THINKING EXERCISES: The Return of Chain Gangs 418 Registering Former Sex Offenders 419 15 Justice and Punishment in the Twenty-First Century 426 What Are New Ways of Administering Justice and Punishment? 428 Technocorrections 428 Risk-Based Treatment 429 Early Life Interventions 430 Virtual Prison 431 How Can Offenders with Mental Health and Drug Problems Be Handled in the Criminal Justice System? 431 Mental Health of Offenders 432 Is There Effective Treatment for Sex Offenders? 433 Gender Issues 435 Balancing Just Punishment with Public Safety 436 What Is the Future of Corrections? 437 Offender Accountability 437 Professionalization of the Corrections Profession 438 Punishment and Control by Distance 438 Preparing Offenders for Release 440 Corrections as Prevention 440 16 Juvenile Justice 483 Juvenile Justice versus Criminal Justice 486 The Nature and Extent of Delinquency 487 Arrest Figures 487 Self-Reports 491 Victimization Surveys 492 Foundations of Juvenile Justice 493 Objections to Parens Patriae 494 Modifications of the Juvenile Justice System 495 The Law and Procedure of Juvenile Justice 496 Lawyers and Self-Incrimination 497 The Burden of Proof 500 Juries in Juvenile Court 501 Double Jeopardy 502 Preventive Detention 503 Searches and the Fourth Amendment 506 Punishment and the Eighth Amendment 507 Juveniles in the System: Police, Courts, Corrections 508 Police Disposition of Juveniles Taken into Custody 508 Juvenile Court Outcomes 509 Juvenile Dispositions 512 Trends in Legislation 513 The Outlook for Juvenile Justice 514 THAT'S A FACT: Perspectives on Juvenile Backgrounds and Crime 511 MEDIA AND CRIMINAL JUSTICE: Scared Straight 505 CRITICAL THINKING EXERCISES: Abolish the Age of Majority? 515 Juries for Juveniles? 515 17 Economic and Political Crime 101 What Is Meant by Economic and Political Crimes? 104 How Can White-Collar Crimes Be Defined? 105 Types of White-Collar Theft 106 Crimes against Public Administration 107 Corporate Crimes 108 Trends in White-Collar Crime 110 Why Is Computer Crime a Growing Threat? 111 Types of Computer Crimes 112 Consequences of Computer Crime 113 How Does Organized Crime Operate? 116 A Typology of Organized Crime 117 Organized Crime Offenders 118 National and International Aspects of Organized Crime 120 What Are the Impacts of Terrorism and Hate Crimes? 124 Terrorism and Hate Crime Trends 125 How Terrorism and Hate Crimes Merge 127 THAT'S A FACT: Perspectives on Terrorism 126 MEDIA AND CRIMINAL JUSTICE: A Civil Action 110 CRITICAL THINKING EXERCISES: Is the Internet an Avenue for Terrorists? 129 Should There Be a Crackdown on Internet Gambling? 130 THAT'S A FACT: Perspectives on Criminal Justice and Mental Illness 434 MEDIA AND CRIMINAL JUSTICE: American Me 439 CRITICAL THINKING EXERCISES: Illicit Drug Use in Movies and Music 443 Ecstasy: Crime Problem, Health Problem, or Recreation? 444 18 Comparative Criminal Justice 520 The Risk of Crime around the World 522 Incidence of Major Crimes 524 Victimization 525 Why Study Comparative Criminal Justice? 527 Transnational Crimes 528 Hijacking 528 Trafficking in Humans 529 Corruption 530 War Crimes 531 Transnational Law Enforcement 532 International Justice 533 International Corrections 535 Legal, Ethical, and Practical Problems 536 THAT'S A FACT: Perspectives on International Victimization 526 MEDIA AND CRIMINAL JUSTICE: Hotel Rwanda 537 CRITICAL THINKING EXERCISES: War Crime Suspects Hiding in the United States? 539 Commercial Sexual Exploitation of Children 540 Appendix: The Constitution of the United States of America Glossary Name Index Subject Index

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Criminal justice

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