Instructions In week 4, you learned about the importance of theory, the various theoretical perspectives and the ways in which theory help guide res

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the

American Criminal Justice System

Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore

Rutz-Burri, and Shanell Sanchez

Open Oregon Educational Resources

SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez is licensed under a Creative Commons Attribution-ShareAlike 4.0 International

License, except where otherwise noted.

Contents

What is an OER textbook? 1

A Bit About Our Collaboration Project 2

Author Bios 3

Goals, Learning Objectives, and Skills 5

Table of Contents 7

Dedication 8

1: CRIME, CRIMINAL JUSTICE, AND CRIMINOLOGY

1.1. Crime and the Criminal Justice System Shanell Sanchez

11

1.2. Deviance, Rule Violations, and Criminality Shanell Sanchez

14

1.3. Social Norms: Folkways, Mores, Taboo, and Laws Shanell Sanchez

16

1.4. Interactionist View Shanell Sanchez

20

1.5. Consensus View and Decriminalizing Laws Shanell Sanchez

24

1.6. Conflict View Shanell Sanchez

27

1.7. The Three C’s: Cops, Courts, and Corrections Shanell Sanchez

29

1.8. The Crime Control and Due Process Models Shanell Sanchez

36

1.9. How Cases Move Through the System Shanell Sanchez

39

1.10. Media Coverage of Crimes Shanell Sanchez

43

1.11. Wedding Cake Model of Justice Shanell Sanchez

48

1.12. Street Crime, Corporate Crime, and White-Collar Crime Shanell Sanchez

51

1.13. Different Types of Crimes and Offenses Shanell Sanchez

55

1.14. Victims and Victim Typologies Shanell Sanchez

57

1.15. Victim Rights and Assistance Shanell Sanchez

60

1.16. "Spare the Rod, Spoil the Child" Myth/Controversy 65

2: DEFINING AND MEASURING CRIME AND CRIMINAL JUSTICE

2.1. Dark or Hidden Figure of Crime Shanell Sanchez

69

2.2. Official Statistics Shanell Sanchez

71

2.3. Victimization Studies Shanell Sanchez

77

2.4. Self-Report Statistics Shanell Sanchez

79

2.5. Misusing Statistics Shanell Sanchez

82

3: CRIMINAL LAW

3.1. Functions and Limitations of Law Lore Rutz-Burri

87

3.2. Civil, Criminal, and Moral Wrongs Lore Rutz-Burri

89

3.3. Sources of Criminal Law: Federal and State Constitutions Lore Rutz-Burri

92

3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments Lore Rutz-Burri

100

3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules Lore Rutz-Burri

103

3.6. Classifications of Law Lore Rutz-Burri

110

3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses Lore Rutz-Burri

113

3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions Lore Rutz-Burri

117

3.9. Substantive Law: Physical Punishment Sentences Lore Rutz-Burri

122

3.10. Substantive Law: Monetary Punishment Sentences Lore Rutz-Burri

126

3.11. Substantive Law: Community-Based Sentences Lore Rutz-Burri

129

3.12. Procedural Law Lore Rutz-Burri

134

4: CRIMINAL JUSTICE POLICY

4.1. Importance of Policy in Criminal Justice Alison S. Burke

139

4.2. The Myth of Moral Panics Alison S. Burke

142

4.3. The Stages of Policy Development Alison S. Burke

147

4.4. Importance of Evidence Based Practices Alison S. Burke

151

4.5. Re-Evaluating Policy Alison S. Burke

153

5: CRIMINOLOGICAL THEORY

5.1. What is Theory? Brian Fedorek

159

5.2. What Makes a Good Theory? Brian Fedorek

161

5.3. Pre-Classical Theory Brian Fedorek

163

5.4. Classical School Brian Fedorek

164

5.5. Neoclassical Brian Fedorek

167

5.6. Positivist Criminology Brian Fedorek

170

5.7. Biological and Psychological Positivism Brian Fedorek

172

5.8. The Chicago School Brian Fedorek

174

5.9. Strain Theories Brian Fedorek

176

5.10. Learning Theories Brian Fedorek

179

5.11. Control Theories Brian Fedorek

183

5.12. Other Criminological Theories Brian Fedorek

186

6: POLICING

6.1. Policing in Ancient Times Tiffany Morey

191

6.2. Sir Robert Peel Tiffany Morey

193

6.3. Policing Eras Tiffany Morey

196

6.4. Levels of Policing and Role of Police Tiffany Morey

207

6.5. Recruitment and Hiring in Policing Tiffany Morey

224

6.6. Recruitment and Hiring Websites for Future Careers Tiffany Morey

235

6.7. Police Misconduct, Accountability, and Corruption Tiffany Morey

244

6.8. Current Issues: Police Shootings Tiffany Morey

247

6.9. Current Issues: Use of Force and Vehicle Pursuits Tiffany Morey

250

6.10. Current Issues: Stereotypes in Policing Tiffany Morey

252

6.11. Current Issues: Accountability Tiffany Morey

255

6.12. Current Issues: Internal Affairs and Discipline Tiffany Morey

257

6.13.Current Issues: Body Cameras Tiffany Morey

260

6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.” Tiffany Morey

261

7: COURTS

7.1. Introduction to the U.S. Court System Lore Rutz-Burri

265

7.2. Jurisdiction Lore Rutz-Burri

266

7.3. Structure of the Courts: The Dual Court and Federal Court System Lore Rutz-Burri

269

7.4. Structure of the Courts: State Courts Lore Rutz-Burri

276

7.5. American Trial Courts and the Principle of Orality Lore Rutz-Burri

279

7.6. The Appeals Process, Standard of Review, and Appellate Decisions Lore Rutz-Burri

280

7.7. Federal Appellate Review of State Cases Lore Rutz-Burri

284

7.8. Courtroom Players: Judges and Court Staff Lore Rutz-Burri

286

7.9. Courtroom Players: Prosecutors Lore Rutz-Burri

293

7.10. Courtroom Workgroup: Defense Attorneys Lore Rutz-Burri

297

8: CORRECTIONS

8.1. A Brief History of The Philosophies of Punishment David Carter

311

8.2. Retribution David Carter

313

8.3. Deterrence David Carter

315

8.4. Incapacitation David Carter

318

8.5. Rehabilitation David Carter

321

8.6. Prisons and Jails David Carter

324

8.7. A Brief History of Prisons and Jails David Carter

325

8.8. Types of Jails David Carter

329

8.9. Who Goes to Jail? David Carter

332

8.10. Growth of Prisons in the United States David Carter

334

8.11. Types of Prisons David Carter

336

8.12. Prison Levels David Carter

339

8.13. Who Goes to Prison? David Carter

342

9: COMMUNITY CORRECTIONS

9.1. Diversion David Carter

347

9.2. Intermediate Sanctions David Carter

349

9.3. Probation David Carter

352

9.4. Boot Camps/Shock Incarceration David Carter

357

9.5. Drug Courts David Carter

359

9.6. Halfway Houses David Carter

360

9.8. House Arrest David Carter

362

9.9. Community Residential Facilities David Carter

363

9.10. Restorative Justice David Carter

365

9.11. Parole David Carter

367

9.12. Current Issues in Corrections David Carter

371

9.13. Current Issues in Corrections: Mass Incarceration David Carter

372

9.14. Current Issues in Corrections: War on Drugs and Gangs David Carter

376

9.15. Current Issues in Corrections: Aging and Overcrowding David Carter

379

9.16. Current Issues in Corrections: Reentry and the Future of Corrections David Carter

384

10: JUVENILE JUSTICE

10.1. Youth Crime Alison S. Burke

389

10.2. Juvenile Justice Alison S. Burke

390

10.3. History of the Juvenile Justice System Alison S. Burke

392

10.4. Delinquency Alison S. Burke

396

10.5. Juvenile Justice Process Alison S. Burke

398

10.6. Due Process in the Juvenile Court Alison S. Burke

399

10.7. The Juvenile Justice and Delinquency Prevention Act of 1974 Alison S. Burke

402

10.8. Getting Tough: Initiatives for Punishment and Accountability Alison S. Burke

403

10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System Alison S. Burke

407

10.10. The Structure of the Juvenile Justice System Alison S. Burke

410

10.11. Juvenile Institutions Alison S. Burke

413

Glossary 417

We hope you are as excited about this textbook as we were writing it. This is a free academic resource and

a free textbook that can be printed at low-cost if you prefer paper. Southern Oregon University’s Disability

Resource has reviewed this textbook for accessibility to all students.

Introduction to the American Criminal Justice System is an Open Educational Resource (OER)

https://en.wikipedia.org/wiki/Open_educational_resources that is licensed under the Creative Commons

(CC 4.0) format https://creativecommons.org with support to complete this project from Open Oregon

Educational Resources https://openoregon.org.

This introductory textbook is unique because it was a collaborative effort by all Criminology and Criminal

Justice professors at Southern Oregon University (SOU) in Ashland, Oregon. This textbook will meet the

learning objectives outlined through SOU and as a community college transfer course, as well as cover all

other topics expected to find in an introductory course. This book can be used on a quarter or semester

system, as well as cover topics that may get left out of some introductory texts such as controversial issues in

the criminal justice system. Further, we made it as comprehensive as possible to cover core concepts and areas

in the criminal justice system including theory, policing, courts, corrections, and the juvenile justice system.

Additionally, we created examples that will help make difficult concepts or ideas more relatable. Every

section provides an overview of key terms, critical thinking questions for course engagement, assignments,

and other ancillaries such as multimedia links, images, activity ideas, and more.

Feel free to ask any questions. Email Shanell Sanchez at [email protected] with any specific questions

about the book or any other professor if it is specific to their page.

1

A Bit About Our Collaboration Project

This OER could not be possible without the support from many different people. Our financial support came

from a grant through Open Oregon https://openoregon.org.

Dr. Shanell Sanchez wants to personally thank all her colleagues at SOU for taking on this endeavor with

her. The first plan was to adapt and edit an existing OER, but after an exhaustive search of OER’s, we found

there is a dearth of CCJ OER’s. We realized that if we wrote this book, we would be one of the first CCJ

OER’s available. The initial idea seemed a bit overwhelming, but watching it come together was amazing.

Dr. Sanchez had a vision for what an ideal textbook should look like for first-year students and our newest

majors or potential majors, but it was not possible without all of us working together.

Amy Hofer at Linn-Benton Community College served as our grant manager, but she went beyond that.

She has served as an excellent resource, mentor, and helped us find opportunities to present our experiences

at conferences.

Dr. Jeffrey Gayton is our university librarian at Southern Oregon University and helped coordinate this

project from the start of our application to the release of our OER going live.

Brian Stonelake, a professor in the Mathematics department at Southern Oregon University, provided

excellent guidance and insight to us when we were applying for the grant.

Christina Richardson was our student that served as a contributing editor, as well as created our glossary

for this OER. She went through the entire book to pose suggestions, edits, and comments that helped make

the end product better.

2

Author Bios

Alison S. Burke, Ph.D., Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/burke.html

Alison S. Burke is a professor of criminology and criminal justice at Southern Oregon University.

She earned her Ph.D. from Indiana University of Pennsylvania and her MCJ from the University of

Colorado Denver. While in Denver, she worked with adjudicated youth in residential treatment facilities

and group homes. She has published a variety of journal articles and book chapters related to juvenile justice,

delinquency, and gender, and her primary research interests involve women and crime, juvenile justice

and delinquency, and pedagogy in higher education. Her most recent book is titled Teaching Introduction to Criminology (2019).

David E. Carter, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/davidcarter.html

David E. Carter joined the Criminology and Criminal Justice Department in 2008. He received his Ph.D.

from the University of Cincinnati. Dave served in the U.S. Army for 8 years as a linguist prior to attending

school. He has published works in the Journal of Research in Crime and Delinquency in the area of life-

course research, as well as in the Corrections Compendium, where he wrote about U.S. inmate populations.

He also works with local agencies (in a consultative role) providing evidence-based practices and evaluations

for correctional programs in the area of effective interventions and evidence-based programming. At SOU,

Dave has helped facilitate the Lock-In event and annual that provides students with a hands-on experience

of the justice system.

Brian Fedorek, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/brianfedorek.html

Brian Fedorek earned his doctorate at the Indiana University of Pennsylvania in Criminology. He has

taught classes in Terrorism, Comparative Criminal Justice, Theories of Criminal Behavior, and introductory

courses. His research interests include media and crime, criminological theory, and criminal violence. He has

served on the board of the Western Association of Criminal Justice.

Tiffany L. Morey, M.S., Instructor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/tiffany-morey-m-s.html

Tiffany L. Morey has an almost three-decade career in the law enforcement arena. She retired as a

Lieutenant from a police department in Las Vegas, Nevada. Her expertise is in the law enforcement, crime

scene investigation (CSI), and forensics fields. During her tenure in policing in Las Vegas she worked

in patrol, the crime prevention division, community services, recruitment, special events, problem-solving

unit (first ever unit/substation for her department in a high gang and drug area), undercover prostitution

3

and narcotics stings, search warrant service assistance, mounted unit departmental work, CSI (crime scene

investigator), forensics, Sergeant and Sergeant field training program and master trainer, Lieutenant and

Lieutenant field training program, and finally Acting Captain. During this time, she was also chosen and paid

by an independent firm to travel the country and conduct oral board interviews and assessment center testing

and recruiting for law enforcement agencies and fire departments. She developed a ground-breaking class

to assist candidates in the law enforcement hiring process and is now under contract to publish the related

textbook/study guide. Tiffany continues to operate in the field of CSI and forensics as an expert investigator

and witness on violent crime. She also runs a Crime Prevention Through Environmental Design (CPTED)

business, offering citizens and owners of businesses CPTED reviews to ensure the safety of their homes and

buildings. Finally, in her free time, she runs SOAR Wildlife Center (SoarWildlife.org), which is a non-profit

organization, that rehabilitates sick, injured, or orphaned fawns and other baby mammals.

Lore Rutz-Burri, J.D., Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/rutz.html

Lore Rutz-Burri is a 1982 graduate of Southern Oregon State College (now SOU) with a Bachelors of

Arts degree in Criminology and Political Science. After graduating, she lived in Southern Austria until 1984.

Upon returning to the states, she earned an M.C.J (Master’s degree in Criminal Justice) from the University

of South Carolina. In 1985 she started in a Ph.D. program at the University of Maryland, College Park, but

early on decided she would rather pursue a law degree. In 1989 she graduated “order of the coif” with her

doctor of jurisprudence (JD) from the University of Oregon School of Law. Following law school, Lore

clerked for the Superior Court of Alaska in Fairbanks for one year and then worked for 5 years as a deputy

district attorney in Josephine County, Oregon. There, she prosecuted a variety of crimes, but mostly assault

cases. In 1995, she began teaching criminology and criminal justice at SOU. Since 2015 she has been a

part-time Circuit Court judge in the Josephine County courts. Lore has been married for over 27 years to

her husband, Markus (a Swiss national). They have two sons– Severin (who studied at SOU and majored in

psychology) and Jaston (who studied at U of O and majored in philosophy). She has both case books and

introductory text on criminal law and criminal procedure.

Shanell K. Sanchez, Ph.D., Assistant Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/dr-shanell-sanchez.html

Shanell Sanchez joined the Criminology and Criminal Justice department at Southern Oregon University

in Ashland, Oregon in 2016. Prior to that, Shanell was an Assistant Professor in Criminal Justice at Colorado

Mesa University in Grand Junction, Colorado. She received her Ph.D. from the University of Nebraska-

Lincoln in Sociology in 2012. Her research and teaching interests are centered around social change and

justice, inequality, and comparative crime and justice.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

4

Goals, Learning Objectives, and Skills

There is a dearth of OER textbooks in Criminology and Criminal Justice, which made creating this textbook

all the more exciting. At times we faced challenges about what or how much to cover, but our primary goal

was to make sure this book was as in-depth as the two textbooks we were currently using for our CCJ 230

introduction course. The only way we were willing to undertake this project as if it was as good, or better

than the current books students read. We have had very positive feedback about the required textbooks in

the course but consistently heard how expensive the books were to buy. We also needed to ensure we met

the learning outcomes outlined by SOU for a general education course, as well as the state of Oregon, to

make sure this textbook helps students meet those outcomes.

SOU’s catalog course description for CCJ 230 states this course surveys the functional areas of criminal

justice in the United States. This OER covers law enforcement, criminal courts, sentencing, penal

institutions, and community-based sanctions. It also includes historical and contemporary perspectives on

components of the criminal justice system, as well as the legal and constitutional frameworks in which they

operate.

Learning Objectives

• Students will increase the breadth of their knowledge and understanding of the American Criminal

Justice System.

• Students will enhance their critical thinking skills via writing, reading, and discussion.

• Students will learn the history, functions, responsibilities, processes, and importance of each

component of the criminal justice system.

• Students will become familiar with research and its relationship to criminal justice policy.

• Students will use the foundations learned about the American criminal justice system in future CCJ

courses.

Additionally, myths and controversies are incorporated in the course covering the above-noted content areas

in the American criminal justice system. In our experience, this tends to be the most exciting part of the

class. It also helps students build all learning outcomes through assignments, readings, and materials covered

in class. The primary goal when writing this book was to make it easy to read, with fun examples, thought-

5

provoking discussion questions, and is accessible to all to ensure that students would read. The content level

targeted first-year students who are taking their first course in Criminology and Criminal Justice, but also as

a general education course for those that may not intend to major. In order to ensure each area has accessible

materials for the course and meets our learning objectives and goals, we have conducted preliminary research

in order to determine our best option is moving forward.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

6

Table of Contents

1. Crime, Criminal Justice and Criminology

2. Defining and Measuring Crime and Criminal Justice

3. Criminal Law

4. Criminal Justice Policy

5. Criminological Theory

6. Policing

7. Courts

8. Corrections

9. Community Corrections

10. Juvenile Justice

7

Dedication

We dedicate this book to our students at Southern Oregon University, who continuously work hard in our

classes and develop lasting relationships with us. We also dedicate this book to all our partners, children, fur

babies, and friends that supported us in the writing process.

8

1: Crime, Criminal Justice, and

Criminology

Learning Objectives

This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a

broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States

create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be

able to:

• Understand the differences between deviance, rule violations, and criminality

• Explain the differences between the interactionist, consensus, and conflict views in the creation of

laws

• Identify the three components of the criminal justice system

• Discuss the differences between crime control and due process model, and application examples to

each

• Describe the wedding cake model theory and application examples to each tier

• Briefly explain the role of the media and how media may spread myths in society

• Briefly understand the unique role of victims in the criminal justice process

Background Knowledge Probe: The goal here is to assess current knowledge about the criminal justice system at the start of the course. Each of these topics is covered throughout the course, and they will

often be a controversial topic and topic for debate.

You will indicate whether you know each statement to be True or False, but there is no right or wrong

answer since it is just to assess your background knowledge.

1. Blacks commit more crime than any other racial group.

9

2. The United States has the lowest recidivism rates in the world (return to prison).

3. The death penalty is cheaper than life imprisonment.

4. Politicians shape our thoughts on crime, even if they are inaccurate.

5. Children are most likely to be killed by a stranger.

6. A stranger is most likely to physically harm you.

7. White-collar crime costs our country more every year than street-crime.

8. Juveniles are more violent today than ever before.

9. Immigrants commit more crime than native-born people.

10. Violent crime has risen in the United States over the last 20 years.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

10

1.1. Crime and the Criminal Justice System

SHANELL SANCHEZ

Theft as a Child

The first lesson in crime and criminality I remember was when I was in second grade and stole something from

a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but

then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I

did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or

shame, I told my grandma what I did.

Think about a time in your life that you may have done something similar. Was this first lesson in crime and

criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they teach you that what

you did was a crime and, hopefully, how to correct this wrong at a young age?

You were probably punished, and they may have consisted of helping out with more chores or losing your

allowance to pay back what you stole.

Imagine all the questions you may have for your parents at the moment: Why was it wrong? What would happen

to me if I did not tell you? What is a crime? Who decides what makes a crime? What happens to me if I commit a

crime and get caught? What is my punishment? Why was it wrong when there were so many polishes there?

Further, I had to help out around the house for the weekend. In exchange for all this, she did not tell my dad

because she knew her punishment was sufficient and to tell him may be excessive. She took a balanced approach to

punishment and I think this is why it was so effective. It was not too strict, it was hard to complete, and I had to

think about what I did.

Most criminologists define crime as the violation of the laws of a society by a person or a group of people who are subject to the laws of that society (citizens). Thus, crime as defined by the State or Federal

government. Essentially, crime is what the law states and a violation of the law, stated in the statue, would

make actions criminal. 1

1. Lynch, M., Stretesky, P., Long, M. (2015). Defining crime: A critique of the concept and its implication. Palgrave Macmillan: US.

11

For example, if someone murdered another individual in the process of stealing their automobile most

people would see this as a criminal and a straight-forward example of crime. We often see murder and

robbery as wrong and harms society, as well as social order. However, there are times crime is not as

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