Make up with a synopsis of a criminal act.? This should be no longer than a paragraph.? It should include the elements needed to answer the follow
- Make up with a synopsis of a criminal act. This should be no longer than a paragraph. It should include the elements needed to answer the following questions.
- Identify the crime(s) committed and the response by the police (this should detail the probable cause element for an arrest), suggest the charges for this individual (refer to the revised statutes in the state that you live to identify what crime(s) they may be charge with). You may have to do some additional outside research (besides the revised statutes in your state) using sources through the UMGC library to obtain some of this information.
- Pretend that you are the District Attorney for this case. Explain your role in the prosecution of this case. Detail the information and steps that will be taken to take this case to trial. Explain the elements that must be necessary in order for the suspect to be convicted in the U.S. court system.
Format Directions:
- Paper must be double spaced, 11 or 12 pt font and 1”margins all around.
- All APA 7th edition format requirements must be followed (cover page, in text citations, reference page). Refer to APA/UMGC – learning resources found in the content page of this course.
- You must have resources to support your thoughts/opinions/information. These must be cited both in text as well as at the end of the document. Your paper should not contain direct quotes, sourced material must be paraphrased.
- Answered in 1., 2., 3 format
4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System
https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 1/3
100 Assignment #3 Rubric Course: CCJS 100 7382 Introduction to Criminal Justice (2222)
Criteria Exceeds Expectations
Meets Expectations
Approaching Expectations
Failure to Meet Expectations
Criterion Score
Content / 20 20 points
Student
presented an
exemplary crime
scenario which
contained all
elements of a
crime necessary
to answer the
additional
assignment
questions
Student
accurately chose
the correct crime
charges based
off of their state
statute and cited
it correctly
Student fully
and clearly
articulated
probable cause
for the arrest
Student did an
exemplary job
detailing the role
of the DA
Student fully,
clearly and
without error
detailed each
step taken to get
the case to trial
and conviction
17.9 points
Student
presented a good
crime scenario
with the
elements of a
crime necessary
to answer the
additional
questions
Student mostly
chose the
correct and
most accurate
crime charges
based off of their
state statute and
cited it correctly
Student clearly
articulated
probable cause
for arrest
Student clearly
detailed the role
of the DA
Student clearly
detailed the
steps taken to
get the case to
trial and to be
convicted,
although some
steps may be
missing
15.9 points
Student
presented a
crime scenario,
but it has
errors/doesn’t
make
sense/doesn’t
enable them to
answer the rest
of the questions
Student did not
adequately/or
incorrectly list
the crime(s) to be
charged
Student did not
adequately/or
incorrectly
identified
probable cause
for arrest..
Student did not
clearly/or
incorrectly
detailed the role
of the DA
Student did not
clearly/or
incorrectly
detailed the
steps to the get
the case to trial
and conviction
13.9 points
Student did not
fulfill one more
more
requirement for
this assignment
Points available
D: 12-13.9
Points available
F: 0 -11.9
4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System
https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 2/3
Total / 30
Criteria Exceeds Expectations
Meets Expectations
Approaching Expectations
Failure to Meet Expectations
Criterion Score
Format / 10
Student used a
minimum of 3
resources in this
assignment (1 of
which is required
state statute)
Points
available: 18-20
Student used a
minimum of 2
resources in this
assignment (1 of
which is required
state statute)
Points
available: 16-
17.9
Student used 1
or fewer
resources in this
assignment
and/or did not
use the required
state statute
Points
available: 14-
15.9
10 points
Student followed
APA format
correctly (Cover
page, in text
citations,
reference page)
Student followed
all format
directions for
this assignment
Student had no
more than 1
grammar or
spelling error
Student
submitted
assignment on
time
Points available:
9-10
8.9 points
Student mostly
used APA format
correctly, but
does have one or
more errors
(Cover page, in
text citations,
reference page)
Student mostly
followed all
format directions
for this
assignment but
has 1 or more
errors
Student
submitted
assignment on
time
Points available:
8-8.9
7.9 points
Student did not
follow APA
format correctly
and has two or
more errors
(Cover page, in
text citations,
reference page)
Student mostly
followed the
format directions
for this
assignment but
has more than 2
errors
Student
submitted
assignment on
time or within 2
days of deadline
passing
Points available:
7-7.9
6.9 points
Student did not
fulfill
format/grammar/
spelling/timeline
ss expectations
for this
assignment.
Assignment was
5 or more days
past due
Points available
D: 6-6.9
Points available
F: 0-5.9
4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System
https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 3/3
Overall Score
Exceeds
Expectations –
Equivalent to an A 27 points minimum
Meets
Expectations –
Equivalent to an
B 24 points minimum
Approaching
Expectations –
Equivalent to an C 21 points minimum
Failure to Meet
Expectations –
Equivalent to a D or an F 0 points minimum
,
Assignment 3 Instructions
A little background: You have learned about many aspects of the criminal justice system that have an affect on cases going to court and court proceedings. It is important that the CJ system is viewed in its totality in an effort to see how different factors affect the outcome and ultimately the quest for justice.
Directions: Based off of what you have learned in weeks 5 & 6 (and keeping in mind what you learned in weeks 1-4) you are to answer the following questions:
1. Make up with a synopsis of a criminal act. This should be no longer than a paragraph. It should include the elements needed to answer the following questions.
2. Identify the crime(s) committed and the response by the police (this should detail the probable cause element for an arrest), suggest the charges for this individual (refer to the revised statutes in the state that you live to identify what crime(s) they may be charge with). You may have to do some additional outside research (besides the revised statutes in your state) using sources through the UMGC library to obtain some of this information.
3. Pretend that you are the District Attorney for this case. Explain your role in the prosecution of this case. Detail the information and steps that will be taken to take this case to trial. Explain the elements that must be necessary in order for the suspect to be convicted in the U.S. court system.
Format Directions:
· Paper must be double spaced, 11 or 12 pt font and 1”margins all around.
· All APA 7th edition format requirements must be followed (cover page, in text citations, reference page). Refer to APA/UMGC – learning resources found in the content page of this course.
· You must have resources to support your thoughts/opinions/information. These must be cited both in text as well as at the end of the document. Your paper should not contain direct quotes, sourced material must be paraphrased.
· Answered in 1., 2., 3 format
,
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 curren
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