Criminal Justice Today: An Introductory Text for the 21st Century, 16th
edition
by Frank Schmalleger
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, TABLE OF CONTENT
Chapter 1: What Is Criminal Justice?
Chapter 2: The Crime Picture
Chapter 3: The Search for Causes
Chapter 4: Criminal Law
Chapter 5: Policing: History and Structure
Chapter 6: Policing: Purpose and Organization
Chapter 7: Policing: Legal Aspects
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Chapter 8: Policing: Issues and Challenges
Chapter 9: The Courts: Structure and Participants
Chapter 10: Pretrial Activities and the Criminal Trial
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Chapter 11: Sentencing
Chapter 12: Probation, Parole, and Community Corrections
Chapter 13: Prisons and Jails
Chapter 14: Prison Life
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Chapter 15: Juvenile Justice
Chapter 16: Drugs and Crime
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Chapter 17: Terrorism, Multinational Criminal Justice, and Global Issues
Chapter 18: High-Technology Crimes
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Chapter 1
What Is Criminal Justice?
CHAPTER OVERVIEW
Chapter 1 introduces the subject of criminal justice. It describes the major theme of the book and
discusses whether the criminal justice process actually functions as a “system”. It then provides
an overview of the criminal justice process and the textbook as a whole. Finally, it discusses
multiculturalism and diversity and the unique challenges and opportunities they present for the
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criminal justice system.
The major theme of the book, individual rights versus public order, is a primary
determinant of the nature of contemporary criminal justice. Individual rights advocates focus on
protecting personal freedoms and civil rights within our society while public order advocates
suggest that under certain circumstances involving criminal threats to public safety, the interests
of society should take precedence over individual rights. Individual rights and community
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interests are delicately balanced in our criminal justice system. Attempts to expand individual
rights affect community interests; conversely, as community interests have expanded more
recently, individual rights have been limited. Balancing these competing interests revolves around
individual conceptions of social justice.
The criminal justice system includes a number of component agencies: police, courts, and
corrections. However, whether it functions as a “system” has been called into question. The
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consensus model supports the system view, arguing that there is a high level of cooperation
among agencies and individuals in the system, and that the components of the system operate
without conflict. Conversely, the conflict model of criminal justice views the operation of these
components from a different perspective, arguing that the goals of individual agencies differ and
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various external pressures fragment their efforts, leading to a criminal justice “nonsystem.”
Both models have value in helping us understand the operation of the criminal justice system.
Although the agencies of justice have a diversity of functions, they are linked closely enough for
the term system to be applied. However, their sheer size makes effective inter-agency cooperation
difficult.
The author provides an overview of the book and introduces the stages in the justice process.
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In general, the criminal justice process begins with the police who are responsible for conducting
an investigation, making an arrest if probable cause can be established, and booking the
suspect. Pretrial activities begin with the first appearance, where the suspect is brought before a
judge and may have the opportunity for bail. A preliminary hearing will then be conducted to
determine whether there is probable cause and whether the criminal justice process should
continue. In some states, the prosecutor may then seek to continue the case by filing an
information with the court; in others, an indictment must be returned by a grand jury before
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prosecution can proceed. The suspect then goes to arraignment and is asked to enter a plea. If
the defendant does not plead guilty, a trial will be held. After conviction, the judge imposes
punishment in the form of a sentence, after which the corrections stage begins.
As required by the U.S. Constitution, criminal justice case processing must be conducted with
fairness and equity, also known as due process. Due process underlies the Bill of Rights; the
guarantees in the Bill of Rights has been interpreted and clarified by the Supreme Court. Court
decisions provide rights in practice and often carry as much weight as legislative action.
The two models of justice are also discussed. The crime-control model values efficiency
while the due process model emphasizes individual rights. While these goals appear opposing, it
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is realistic to think of the American system of justice as representative of crime control through
due process – a system of social control that is fair to those whom it processes.
The move towards evidence-based practice is discussed, as well as a brief introduction to
the beginnings of academic criminal justice and criminology. Finally, the issue of
multiculturalism, which describes a society that is home to a multitude of different cultures,
each with its own set of norms, values and behaviors, is introduced. The face of multiculturalism
in America is different today than in the past. Multiculturalism is one form of diversity; diversity
characterizes both immigrant and U.S.-born individuals.
CHAPTER OBJECTIVES
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After reading this chapter, students should be able to
1. Summarize the history of crime in America and corresponding changes in the American
criminal justice system.
2. Describe the public order (crime-control) and individual rights (due process) perspectives of
criminal justice, concluding with how the criminal justice system balances the two
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perspectives.
3. Explain the relationship between criminal justice and general concepts of equity and fairness.
4. Describe the American criminal justice system in terms of its three major components and
their respective functions.
5. Describe the process of American criminal justice, including the stages of criminal case
processing.
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6. Define due process of law, including where the American legal system guarantees due
process.
7. Describe the role of evidence-based practice in contemporary criminal justice.
8. Explain how multiculturalism and social diversity present special challenges to, and
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opportunities for, the American system of criminal justice.
CHAPTER OUTLINE
I. Introduction
• Discuss current events that have affected public attitudes toward the American criminal
justice system. Explain the concept of procedural fairness and discuss its importance in
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the American justice system.
• Ask students to discuss how recent events, including both acts of violence by police and
assaults on police, have affected their view of the criminal justice system?
• Explain how crime is defined in this textbook and ask students if they can think of
additional ways it might be defined.
• Ask students whether a random act of violence has recently occurred in their community.
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You can also ask about an event they might have heard about recently on the news or
read about on the Web. Ask them to discuss their initial response, and ask whether they
are concerned about possibly becoming a victim of such random violence.
II. A Brief History of Crime in America
• Provide students with a historical perspective of crime in the last half century. An
effective way to highlight the changes is to simply provide a timeline of critical events
(those discussed in this section and those listed in Figure 1-1). Discuss the importance of
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