Full download Mindtap introduction to law enforcement and criminal justice, 12th edition (k12 instan

Page 1


MindTap Introduction to Law Enforcement and Criminal Justice, 12th Edition (K12 Instant Access) 12th Edition, (Ebook PDF)

Visit to download the full and correct content document: https://ebookmass.com/product/mindtap-introduction-to-law-enforcement-and-criminal -justice-12th-edition-k12-instant-access-12th-edition-ebook-pdf/

More products digital (pdf, epub, mobi) instant download maybe you interests ...

(eTextbook PDF) for America’s Courts and the Criminal Justice System 12th Edition

https://ebookmass.com/product/etextbook-pdf-for-americas-courtsand-the-criminal-justice-system-12th-edition/

eBook Online Access for Criminal Law for the Criminal Justice Professional 4th Edition, (Ebook PDF)

https://ebookmass.com/product/ebook-online-access-for-criminallaw-for-the-criminal-justice-professional-4th-edition-ebook-pdf/

Criminal Investigation 12th Edition, (Ebook PDF)

https://ebookmass.com/product/criminal-investigation-12thedition-ebook-pdf/

Introduction to Criminal Justice 16th Edition, (Ebook PDF)

https://ebookmass.com/product/introduction-to-criminaljustice-16th-edition-ebook-pdf/

Introduction to Criminal Justice 15th Edition, (Ebook PDF)

https://ebookmass.com/product/introduction-to-criminaljustice-15th-edition-ebook-pdf/

Introduction to Management Science 12th Edition, (Ebook PDF)

https://ebookmass.com/product/introduction-to-managementscience-12th-edition-ebook-pdf/

Introduction to Criminal Justice: Practice and Process 3rd Edition, (Ebook PDF)

https://ebookmass.com/product/introduction-to-criminal-justicepractice-and-process-3rd-edition-ebook-pdf/

Introduction to Criminal Justice: A Balanced Approach 2nd Edition, (Ebook PDF)

https://ebookmass.com/product/introduction-to-criminal-justice-abalanced-approach-2nd-edition-ebook-pdf/

Constitutional Law for Criminal Justice 15th Edition, (Ebook PDF)

https://ebookmass.com/product/constitutional-law-for-criminaljustice-15th-edition-ebook-pdf/

Classification and Definitions of Major Crimes 86

Violent Crime 86

Crimes against Property 88

Crimes Excluded from the Uniform Crime Reports 90

Theories of Criminality and Causes of Crime 99

Classical versus Positivist Theory of Crime 99

Nature versus Nurture 100

Other Theories to Explain Criminality 101

Offenders 104

Career Criminals or Recidivists 104

Juvenile Offenders 105

Victims of Crime and Violence 106

Types of Victims 106

Victimization Factors—Who Is at Risk? 107

Other Factors in Victimization 107

Effects of Victimization 108

Fear of Victimization 108

The “Second Wound”: Further Victimization by the Criminal Justice System 109

Support Groups to Assist Victims 110

The Movement toward Crime Victims’ Rights—A Brief Historical Overview 110 Programs and Services for Crime Victims 112

A Parallel Justice System for Victims? 112

The Police Role 113

Police Officers as Victims 114

SECTION II: CONTEMPORARY LAW ENFORCEMENT 119

Chapter 4: Today’s Police and Police Agency: An Overview 121

Introduction 122

Policing and the People 124

The Police Role 125

Traditional Functions of Policing 126

Contemporary Goals Resulting from Community Policing 132

Organization of the Police Department 132

Administrative Services 134

Field Services 143

Rural Policing 145

The Police Organizational Culture 146

Styles of Policing: A Call For Change 148

The Police Image 151

Factors Influencing Police Image 152

Stereotypes 153

Satisfaction with and Confidence in the Police 155

Chapter 5: Policing in a Post-9/11 Society 159

Introduction 160

Contemporary Community Policing 161

The Importance of Community 165

Serving and Protecting Our Increasingly Diverse Population 169

Involving and Educating Citizens 171

Partnerships 173

Changes in Management Style and Organization 181

Potential Benefits of Community Policing 182

Resistance to and Pitfalls in Implementing Community Policing 182

Evaluating Progress 185

Problem-Solving Policing 186

The Key Elements of Problem-Solving Policing 188

The SARA Model of Problem Solving 189

Common Barriers to and Mistakes in Problem Solving 190

Data-Driven Strategies to Policing 190

CompStat Policing 191

Intelligence-Led Policing 193

Evidence-Based Policing 197

Data-Driven Approaches to Crime and Traffic Safety 201

Predictive Policing 201

Putting it all Together: the Safe City Program 203

Chapter 6: Patrol: The Backbone of Policing 209

Introduction 210

Patrol Officer Responsibilities and Functions 211

Management of Patrol Operations 213

Patrol Techniques and Strategies 214

General Patrol 214

Directed Patrol 216

Activities While on Patrol 219

Responding to Calls for Service 219

Self-Initiated Tasks 221

Administrative Duties 223

Methods of Patrol 223

Foot Patrol 224

Automobile Patrol 225

Motorcycle Patrol 228

Bicycle Patrol 228

Segways 229

Mounted Patrol 230

Air Patrol 230

Water Patrol 231

Special-Terrain Patrol 231

Combination Patrol 232

High Visibility versus Low Visibility 232

The Traffic Division: An Overview 233

Directing and Controlling Traffic 234

Enforcing Traffic Laws 234

Educating the Public 245

Assisting at and Investigating Traffic Crashes 245

Responsibilities of the Officer Called to a Crash Scene 246

Crash Reconstruction 247

Chapter 7: Specialized Roles of Police 252

Introduction 253

The Advantages and Disadvantages of Specialization 254

Investigators 254

The Preliminary Investigation 255

The Follow-Up Investigation 257

General Investigative Responsibilities 257

Identifying Missing Persons and Human Remains 266

Crime Scene Investigators 266

Forensic Scientists 268

Fingerprints 269

DNA 270

Firearms 274

Criminal Investigative Analysts (AKA Profilers) 275

Intelligence Officers 277

Undercover Officers 278

Internal Affairs 279

Juvenile Officers 280

Vice Officers 281

Gambling and Bookmaking 283

Prostitution and Pornography 283

Swat Officers 284

K-9 Units 286

Reserve Officers 289

Other Specialized Police 290

SECTION III: CHALLENGES TO THE PROFESSION 295

Chapter 8: Policing within the Law 297

Introduction 298

Police Discretion and the Law 299

The Fourth Amendment 301

Reasonable 302

Probable Cause 302

The Police–Citizen Contact Continuum 303

Voluntary Contact 304

Investigative Detention: The Terry Stop 305

Road Blocks and Checkpoints 311

Lawful Searches 312

Searches Conducted with a Warrant 313

Searches Conducted without a Warrant 315

Lawful Arrests 327

Arrest Warrants 328

Arrests without a Warrant 328

Right to Resist Arrest 329

De Facto Arrests 329

Protecting a Suspect’s Rights—The Miranda Warning 330 Related Cases 332

Waiving the Right 333

Beachheading or “Question First” 334

The Public Safety Exception 334

How Long Do Miranda Warnings Last? 335

Protecting the Rights of Foreign Nationals 335

Involuntary Confessions 336

Entrapment 336

A Recap of the Landmark Cases 337

Chapter 9: Issues Concerning Police Conduct 346

Introduction 347

Discretion 348

Discrimination or Disparity in Policing: Gender, Class, and Race Issues 348

Gender Issues 350

Class Issues 350

Racial Issues 351

Use of Force 358

Gender and Use of Force 358

Use-of-Force Continuums 359

Sudden In-Custody Death 359

Reasonable Force 361

Excessive Force 362

Less-Lethal Force 363

Deadly Force 366

Use of Force and Race 368

Avoiding Use-of-Force-Related Problems 369

Officers’ Rights in Use-of-Force Lawsuits 371

Police Pursuits 371

To Pursue or Not to Pursue 372

Pursuit Policies 373

Liability in Police Pursuits 374

Civil Liability 375

Lawsuits and SWAT 376

Reducing Civil Liability 377

Corruption, Ethics, and Integrity 378

What Constitutes Corruption? 379

How Corruption Arises and Perpetuates 381

How Police Learn about Ethics 382

The Importance of Police Integrity and Core Virtues 383

Building an Ethical Department 384

Chapter 10: Gangs and Drugs: Threats to Our National Security 390

Introduction 391

The Threat of Gangs: Current Trends 391

Defining and Classifying Gangs 394

Street Gangs 395

Outlaw Motorcycle Gangs 397

Prison Gangs 400

Characteristics of Gangs 401

Criminal Activities 401

Organization 402

Leadership 403

Domain Identification 403

Symbols 403

Names 404

The Gang Subculture 404

Why People Join Gangs 405

Risk Factors 405

Responding to a Gang Problem 407

Gang Intelligence 407

Gang Control Strategies 408

Prosecuting Gang Members 415

Gangs, Drugs, Crime, and Violence 415

Drug Cartels 417

The Mexican Drug War 417

Other U.S. Borders 419

The History of Drug Use in the United States 419

National Drug Threat Assessment 420

Monitoring the Future 420

National Survey on Drug Use and Health 422

Controlled Substances: An Overview 422

Controlled Prescription Drugs 423

Heroin 424

Methamphetamine 425

Cocaine 427

Marijuana 427

Synthetic Designer Drugs 428

Other Controlled Substances 428

Over-the-Counter Drugs 429

The “War on Drugs” and the National Drug Control Strategy 430

Prevention: Stopping Drug Use before It Starts 430

Treatment: Healing America’s Drug Users 432

Crime Control: Disrupting the Market 432

Punishment 436

Legalization 437

The Nexus Between Illicit-Drug Abuse and Crime 438

Chapter 11: Terrorism and Homeland Security 444

Introduction 445

What is Terrorism? 446

Asymmetric Warfare 447

The Evolution of Terrorist Ideology 448

Classification of Terrorist Acts 449

International Terrorism 449

Homegrown Violent Extremists 450

Domestic Terrorism 452

The “Lone Wolf” Offender 453

Motivations for Terrorism 453

Methods Used by Terrorists 454

Arson, Explosives, and Bombs 454

Weapons of Mass Destruction 457

Technological Terrorism 459

Kidnappings and Hostage-Takings 460

Active Shooters 460

The U.S. Response to 9/11—Detect, Prepare, Prevent, Protect, Respond, and Recover 460

The Department of Homeland Security 461

The USA Freedom Act 462

Increased Border Security 463

The National Incident Management System 463

The National Response Framework 464

The National Response Plan 465

Intelligence Gathering and Sharing: The Need for Interoperability 465

Addressing Obstacles to Intelligence Sharing 467

The Critical Role of Local Law Enforcement in Homeland Security 467

Knowing the Enemy and Being Vigilant—Prevention 468

Completing Suspicious Activity Reports and Sharing Information 468

Preparing—The Agency and the Community 470

Practicing the Response 470

Assessing Risks and Identifying Potential Terrorist Targets 471

Being Proactive and Forming Partnerships 472

Responding to Terrorist Attacks 473

Investigating Terrorist Acts 473

Funding Terrorism 473

Terrorists as Criminals 474

Concerns Related to the War on Terrorism 474

Concern for Civil Rights 476

Retaliation or Discrimination against People of Middle Eastern Descent 476

A Final Consideration 477

Chapter 12: Becoming a Law Enforcement Professional 483

Introduction 484

Evaluating and Selecting an Agency for Employment 485

Desired Qualities of Law Enforcement Officers 486

Finding Qualified Applicants 487

Other Recruiting Challenges 489

Recruiting Strategies 490

The Law Enforcement Recruitment Toolkit 490

Recruiting for Diversity 491

The Importance of Hiring Well 493

The Selection Process 494

The Formal Application—Basic Requirements to Become a Police Officer 494

The Written Examination 499

Physical Fitness Tests 499

Psychological Testing 501

The Interview 501

The Background Investigation 502

Testing or Assessment Centers 503

The Medical Examination 504

The Final Result 504

Federal Guidelines and Regulations 504

Equal Employment Opportunity Act 505

Affirmative Action 505

Americans with Disabilities Act 507

Probation and Training 508

Training and Civil Liability 509

Retention 511

Why Officers Leave 511

Salary and Benefits 512

Elimination of Sexual Harassment 513

Stress and Burnout 514

Retention Strategies 516

Unions 516

Moonlighting 518

Accreditation 519

Police Professionalism 521

Specialized Knowledge 521

Autonomy 521

A Service Ideal 522

SECTION IV:

COURTS AND CORRECTIONS: LAW ENFORCEMENT’S PARTNERS IN THE CRIMINAL JUSTICE SYSTEM 527

Chapter 13: U.S. Courts 529

Introduction 530

The Court System: An Overview 531

The State Court System 532

Juvenile Courts 532

The Federal Court System 534

The United States Supreme Court 535

Specialized Courts 535

Tribal Courts 536

Community Courts 536

Problem-Solving Courts 536

The Adversary System 540

Key Players in the Judicial Process 542

The Defendant 542

The Prosecutor 543

The Defense Attorney 545

The Judge 545

The Jury 545

Critical Stages in the Criminal Justice Process 546

Bail and Writ of Habeas Corpus 549

The Preliminary Hearing 549

The Arraignment 550

Omnibus Hearing 550

Alternatives to a Trial 551

Diversion 551

Plea and Charge Bargaining 552

The Trial 553

Jury Selection 553

Testimony 554

Closing Statements and Jury Deliberation 554

Sentencing 554

Case Review and Appeal 556

The Police Officer in Court 556

Preparing a Case for Prosecution 557

Appearing as a Witness 558

Testifying under Direct Examination 560

Testifying under Cross-Examination 561

Expert Testimony 562

After Testifying 563

Courtroom Security 564

Chapter 14: Corrections 569

Introduction 570

An Overview of U.S. Corrections: Philosophy and Principles 571

Purposes and Goals of Corrections 571

Two Conflicting Views of Corrections 574

Correctional Ideologies and Models 575

Pretrial Services, Detention, and Diversion 576

Alternatives to Incarceration 577

Financial Sanctions: Fines, Forfeiture, and Restitution 578

Intensive Supervision Probation 578

House Arrest and Electronic Monitoring 579

Day Reporting Centers 579

Residential Community Corrections 579

Probation 579

Incarceration 581

Jails 581

Prisons 583

Parole 585

Who Gets Parole 586

Conditions of Parole 586

Pros and Cons of Parole 586

Police, Probation, and Parole 587

Reentry and Reintegration 588

Community-Based Reintegration Programs 588

Elements of Successful Reentry Programs 589

Death Row Versus Life Without Parole 590

Juvenile Corrections 592

Intermediate Sanctions for Juveniles 593

Residential Placement 594

Aftercare 595

APPENDIX A: State Hate Crime Statutory Provisions 601

GLOSSARY 604

AUTHOR INDEX 617

SUBJECT INDEX 621

Law enforcement and criminal justice in the United States have evolved tremendously since the country was founded more than 200 years ago. Actually, the changes that have occurred in the past three decades alone are impressive.

Most of you were not yet born when the first edition of this text was published in 1979. Students studying law enforcement at that time were not exposed to the breadth and depth of topics you are about to explore. The inaugural edition of this book had no mention of the Internet, cybercrime, phishing, or identity theft. Coverage of drugs did not include methamphetamine, spice, synthetic designer drugs, or prescription drug abuse. There were no sections devoted to terrorism and homeland security, school shootings, or hate crimes. Students did not learn about use-of-force continuums, how to interact with the media, or how to communicate with immigrant populations and increasingly diverse communities. Acronyms such as BAC, DUI, CAD, GIS, MIS, IEDs, WMDs, HIV, and AIDS were meaningless. Concepts such as racial profiling, accreditation, and community policing had not yet taken shape. Clearly, the issues facing students of law enforcement and criminal justice have changed substantially during the past 30 years.

Introduction to Law Enforcement and Criminal Justice was written to present an overview of the field and the numerous complexities within it. It also seeks to instill an appreciation for those who “serve and protect” our society and an understanding of this exciting, challenging profession. The future of our lawful, democratic society depends largely on those currently in the field of criminal justice and those preparing to enter it. Law enforcement officers have awesome power and tremendous responsibilities that must be met under constantly changing circumstances and in a way that protects individual rights and society’s rights simultaneously—a tremendous challenge.

When we wrote the first edition of this text more than 35 years ago, law enforcement seemed more predictable and faced different challenges than it does now. In the 1970s, law enforcement was focused on restoring its image after the disturbances and civil unrest of the 1960s. It saw organized crime as a major national threat. Crime fighting was its most obvious mission. Victims were seen primarily as sources of information. AIDS, crack cocaine, drive-by shootings and children shooting children, domestic violence, and terrorism were not perceived as problems. The first edition contained no chapters on community policing, problem solving, juveniles, or victims because these were not priorities. The beginnings of community policing could be seen, however, in the discussions of team policing and community service—helping citizens help themselves. The first edition also

had no chapters on courts or corrections, focusing solely on the law enforcement component of the criminal justice system.

This current edition recognizes the interrelationships of the components of the criminal justice system and the need for coordination among them. As you learn about law enforcement, you will find three recurring themes in this text. The first theme is that of community or service orientation to law enforcement and the critical importance of partnerships, viewing citizens as co-producers of justice. A second theme is that of police officers as peace officers as well as crime fighters and a concern for not only criminal justice but social justice as well—the need to identify as guardians of their communities, not warriors. The third theme is that of police officers’ discretion in their role as gatekeepers to the criminal justice system. Each chapter in the text serves as an overview of an area that could be expanded into an entire course.

MAJor FEATurES—ConTEXT THEMES

Not unexpectedly, the text begins with chapters that provide needed background (Section I). Our present system of law enforcement did not just magically appear. It has evolved slowly, shaped by numerous factors, including social and political influences. Chapter 1 describes the evolution of law enforcement and the criminal justice system from its ancient roots to the present system. Chapter 2 describes the laws all U.S. citizens are expected to obey and how they came to be. Chapter 3 explores crime in the United States: what types of crimes are occurring and theories about why, who commits crime, and the effect it has on victims. This section provides the context within which to understand contemporary policing in the United States: its history and traditions and the laws under which it operates and which it enforces, as well as the individuals who choose to disobey the laws and their victims. Policing is, at its heart, about people.

Section II helps you understand the traditional organization and functions of law enforcement, most of which can still be found within our law enforcement agencies. First, an overview of the organization, goals, characteristics, and culture is presented (Chapter 4). This is followed by a discussion of the current approaches to policing being used in our post-9/11 society—community policing, problem-solving policing, intelligence-led policing, and evidence-based policing (Chapter 5). Next is a look at the vital function of patrol, considered the backbone of policing, as well as the role of traffic duty (Chapter 6). The section ends with an examination of the specialized assignments frequently found in larger agencies, such as investigators, SWAT teams, school resource officers, and reserve officers (Chapter 7).

Section III explores important challenges to the profession in the 21st century. It begins with a discussion of the challenge of policing within the law, apprehending criminals without violating their constitutional rights (Chapter 8). Next, significant issues involved in policing are described, including discretion, discrimination, racial profiling, use of force, pursuit, liability, corruption, and ethics (Chapter 9). Then the challenges posed by gangs and drugs, problems that have overshadowed the previous concern with organized crime, are

presented (Chapter 10). This is followed by an examination of the latest threat to our country—terrorism—and the role of local police in securing our homeland (Chapter 11). The section concludes with a discussion of departmental issues, including recruiting and retaining officers, civilian review boards, sexual harassment, unions, moonlighting, privatization of law enforcement, accreditation, and professionalism (Chapter 12).

The final section places law enforcement into the context of the criminal justice system, examining its role with the other two components of the criminal justice system: the courts and corrections. The need for collaboration and cooperation among the three components has become an important focus during the past several decades. Chapter 13 describes the U.S. court system, its structure, key players, critical stages, the trial itself, and the role of the law enforcement officer in the court system. Chapter 14 explains the U.S. corrections system, its purposes, components, alternatives, and issues, including that of capital punishment. Both Chapters 13 and 14 also explain these two components within the juvenile justice system.

nEW To THiS EdiTion

This 12th edition has been completely updated, with many sources cited being published after 2012, including the Final Report of the President’s Task Force on 21st Century Policing (2015). Included are 19 new terms, nine new Supreme Court case rulings, and more than 50 new references. Specific changes within each chapter include the following:

■ Chapter 1—The Evolution of Law Enforcement:

● We reorganized the Federal Law Enforcement Agencies section slightly to bring discussion of agencies into alignment with new Department of Justice and Department of Homeland Security (DHS) structures, moved the DHS organizational chart from the terrorism chapter to this chapter, added the Tribal Law and Order Act of 2010 to section on Tribal Law Enforcement, and added content related to President’s Task Force on 21st Century Policing.

■ Chapter 2—The American Quest for Freedom and Justice: Our Laws:

● In this chapter, we added a new section called “What is Law?” to introduce the concept of social control (formal and informal) and Black’s sociological theory that law varies inversely with other forms of social control. Additionally, the actual text of the Bill of Rights is now included with each amendment section. There is a brief discussion about religious diversity added to the section on Freedom of Religion and an added section on McDonald v. City of Chicago (2010) in the discussion of the Second Amendment. We expanded the discussion about zones of privacy, per reviewer suggestion, with an example of drones, reorganized the sections on criminal and civil law, and added key terms: penumbra, social contract, unenumerated rights, zones of privacy

■ Chapter 3—Crime in the United States: Offenses, Offenders, Victims:

● We have made many updates to this chapter, including the Crime Clock statistics, National Incident-Based Reporting System offenses (to include new crimes and categories), and the definition of rape, per the new Federal Bureau of Investigation (FBI) definition (revised and legacy definitions provided). The section on victims has been revised to include the Crime Victims’ Rights Act of 2004 and an added discussion on police as victims, per reviewer suggestion. The distinction between murder and homicide has also been clarified.

■ Chapter 4—Today’s Police and Police Agency: An Overview:

● This chapter has an added discussion of and content from the Final Report of the President’s Task Force on 21st Century Policing and a significantly expanded discussion on styles of policing to emphasize the requisite shift in law enforcement culture from warrior to guardian mindset. We have introduced the concept of procedural justice; scaled back the discussion on span of control; and updated the discussion of communication and technology, adding information on police use of social media to disseminate and receive information from the public, and the growing use of tablets in field operations. The section on the public’s confidence in the police has been updated to reflect recent survey results, and we’ve added to the discussion of police image to address the influence of the media and trends in public opinion polls. The section on 10-codes has been modified to explain their phase out, and new key terms have been added, including Ferguson effect, guardian, procedural justice, and warrior.

■ Chapter 5—Policing in a Post-9/11 Society:

● Most significantly, this chapter now comes earlier in the text; it was Chapter 7 in the previous edition. It has been updated to include more current examples of policing in action, new content on implicit bias and how it factors into delivering procedural justice, and a new section on asset mapping under evidence-based policing. We have clarified the role of the community policing philosophy and the emphasis of its relevance to today’s police mission, as supported by the President’s Task Force on 21st Century Policing and post-Ferguson assessments of policing, including an example of the Salinas (California) Police Department (2016), and elaborated on how a sense of community benefits the policing mission and provided links to stories where police departments acknowledge the importance of sense of community. We have expanded the discussion to support how the SARA (scanning, analyzing, responding, and assessing) model and the idea of “broken windows” are still relevant to post-9/11 policing, added content related to predictive policing (PredPol), and added a new figure on the four stages of the PredPol cycle. Additionally, we replaced content related to National Law Enforcement Research Agenda with discussion of the National Police Research Platform, as the preceding has been discontinued, and updated the list of current research priorities. Other notable additions include a new figure showing the primary elements of community policing, with focus placed on the organizational

transformation of a police agency, an example of a school-based program to build positive relationships between youth and the police, and two new key terms: asset mapping, implicit bias.

■ Chapter 6—Patrol: The Backbone of Policing:

● There have been some minor reorganization and scaling back on some of the content in this chapter because of the shuffling of chapters in this edition. We have added to the discussion on CompStat, speed cameras, and updated statistics throughout. We included information on Missouri v. McNeely (2013), a case that impacted police taking warrantless blood draws from DWI (driving while intoxicated) suspects, and included using drug recognition experts to detect impairment in drivers. We also deleted the term road rage and added aggressive driving to reflect change in terminology used by the National Highway Traffic Safety Administration.

■ Chapter 7—Specialized Roles of Police:

● Within this chapter, we reorganized and placed all forensic science and crime scene investigation content together to avoid disjointedness and changed the title of the section on “Profilers” to “Criminal Investigative Analysts” to follow change in terminology used by the FBI. We added the requirements specified by the International Crime Scene Investigators Association to become certified as a forensic crime scene investigator, content about the National Commission on Forensic Science and its purpose, information about biometric analysis and the FBI’s new Biometric Center of Excellence, a note about the Supreme Court ruling allowing the preconviction collection of DNA, a paragraph on mitochondrial DNA (mtDNA) and its usefulness to investigators, and detail on the requirements to becoming a criminal profiler or investigative analyst. There is additional discussion on school resource officers, specifically about the National Association of School Resource Officers’ mission and training programs, new examples of how various police agencies approach vice problems, and more information on bookmaking in the section on gambling. We have expanded the discussion on K-9 units to include more on training and certification requirements and factors to consider when applying to become a K-9 handler and added more about the requirements to become a reserve officer. There is one new key term (biometrics) and a new case, Florida v. Jardines (2013), which discusses the legality of dog sniffs at houses.

■ Chapter 8—Policing within the Law:

● We have added discussion of several new cases to this chapter: Horton v. California (1990) to the section on plain view evidence, to better clarify how plain view does not always invoke the plain view doctrine; Riley v. California (2014) and U.S. v. Wurie (2014), which deal with warrantless searches of digital data on cell phones; U.S. v. Davis (2014), which ruled that police do not need a warrant to retrieve cell phone location records in the course of an investigation; and State v. Brossart (2015), which addresses

the emerging law regarding drones. Table 8.2 has been expanded to include the new cases presented in the chapter. There is also clarified discussion of “beachheading” or questioning first tactics under Miranda section.

■ Chapter 9—Issues Concerning Police Conduct:

● This chapter was moved to follow Chapter 8 (it was Chapter 11 in the previous edition). There is new content regarding officer interaction with the LGBTQ (lesbian, gay, bisexual, transgender, or questioning) community, the criminalization of immigration in the United States, the use of body cameras and their pros and cons, Brady-Giglio impaired officers, credibility issues, and the negative repercussions of unethical behavior by officers. We deleted the use-of-force continuum figure and discussed the national trend of moving away from the use of such continuums. We added mention of the Deaths in Custody Reporting Act of 2000 and data from the Bureau of Justice Statistics’ Arrest-Related Deaths Program and noted the replacement of the Secure Communities immigration enforcement program by the Priority Enforcement Program (PEP) in July 2015. There are new data on excited delirium syndrome deaths, two new key terms (Brady rule, impeach), and one new case (Giglio v. United States, 1972).

■ Chapter 10—Gangs and Drugs: Threats to Our National Security:

● This chapter contains thoroughly updated statistics regarding gang membership and the prevalence of gangs, including results from the 2015 National Gang Report, a new discussion on Changing Course, a gang prevention publication co-produced by the National Institute of Justice and Centers for Disease Control and Prevention, and a brief addition of reasons why police and city officials may fear admitting a gang presence in their community. There is updated content related to the drug problem and how street gangs are teaming up with Mexican transnational criminal organizations and other transnational criminal organizations to expand drug trade and increase revenue, an added section on the National Survey on Drug Use and Health as a source of information about trends in national drug use and abuse, and an expanded discussion of heroin to cover the increasing number of heroin overdoses and the use of Naloxone (Narcan) by first responders, including police officers. We also note two documents related to cleanup of drug labs—the Drug Enforcement Agency’s Redbook and the Environmental Protection Agency’s Voluntary Guidelines—and added content about legalized marijuana and the increasing threat posed by synthetic marijuana (Spice, K2, and so on) and other designer drugs (“bath salts”).

■ Chapter 11—Terrorism and Homeland Security:

● Given the timeliness of this particular topic, this chapter has been expanded and revised greatly. We added new content about the threat of ISIL (ISIS), more recent examples of and statistics regarding terrorism in the U.S. post-9/11, a paragraph about the State and Local Anti-Terrorism Training Program, and discussion of resources available to help law enforcement

agencies develop a terrorism response (e.g., training, equipment). We modified the Homegrown Terrorist section to become homegrown violent extremists (HVEs), per current terminology, and discussed the formation of the Countering Violent Extremism (CVE) Task Force by the DHS. We have greatly expanded the discussion of domestic terrorist groups (per reviewer request) to include hate groups identified and tracked by the Southern Poverty Law Center: the Ku Klux Klan, neo-Nazis, white nationalists, racist skinheads, Christian identity, neo-Confederates, black separatist, and general hate groups. We revised the section on the USA PATRIOT Act to reflect its expiration and replacement by the USA Freedom Act, with discussion of modified provisions related to surveillance and bulk data collection (per reviewer feedback), updated discussion on DHS vision and core missions, and added mention of the Homeland Security Digital Library (HSDL.org) for students to peruse, per reviewer suggestion. There are new examples and links to terrorist plots thwarted in New York since 9/11 and several new key terms: crowdsourcing, Islamic State of Iraq and the Levant (ISIL), and “lone wolf” offender.

■ Chapter 12—Becoming a Law Enforcement Professional:

● This chapter has new findings and recommendations of the President’s Task Force on 21st Century Policing related to hiring and training and more information on the increasing popularity of right-to-work laws, which is also included as a new key term.

■ Chapter 13—U.S. Courts:

● Along with updated statistics, this chapter includes a brief addition of juveniles’ rights in court; more information on the consequences of Brady-Giglio violations; per reviewer suggestion; and a new key term, charge bargaining

■ Chapter 14—Corrections:

● This chapter has been reorganized slightly, with updated statistics throughout. There is added content on the “pay-to-stay” concept for jails and reasons for wrongful convictions, as well as new data on victimization of juvenile offenders while in custody.

HoW To uSE THiS TEXT

Introduction to Law Enforcement and Criminal Justice is more than a text. It is a learning experience requiring your active participation to obtain the best results. You will get the most out of the book if you first familiarize yourself with the total scope of law enforcement: Read and think about the subjects listed in the table of contents. Then follow five steps for each chapter to achieve triple-strength learning:

1. Read the learning objectives at the beginning of each chapter. This is your first exposure to the key concepts of the text. Also review the key terms and think about their meaning in the context of law enforcement.

2. Read the chapter, underlining or taking notes if that is your preferred study style. Pay special attention to all information set apart in the text with a graphic symbol. This is your second exposure to the chapter’s key concepts. Also pay attention to all words in bold print. All key terms will be in bold print when they are first used and defined.

3. Read the summary carefully. This will be your third exposure to the key concepts. By this point, you should have internalized the information.

4. To make sure you have learned the information, when you have finished reading a chapter, reread the list of learning objectives given at the beginning of that chapter to make certain you can address each one. If you find yourself stumped, find the appropriate material in the chapter and review it. Often these main topics will be used for essay questions during testing.

5. Review the key terms to be certain you can define each. These also are frequently used as test items.

Note: The material selected as learning objectives, to be highlighted using the triple-strength learning instructional design, includes only the chapter’s key concepts. Although this information is certainly important because it provides a structural foundation for understanding the topic(s) discussed, you cannot simply glance over the learning objective boxes and summaries and expect to have mastered the chapter. You are also responsible for reading and understanding the material that surrounds these basics—the “meat” around the bones, so to speak.

Good reading and learning!

AnCiLLAriES

For the instructor

online instructor’s Manual The manual includes learning objectives, key terms, a detailed chapter outline, student activities, and media tools. The learning objectives are correlated with the discussion topics, student activities, and media tools. The manual is available for download on the password-protected website and can also be obtained by e-mailing your local Cengage Learning representative.

o nline Test Bank Each chapter of the test bank contains questions in multiple-choice, true/false, completion, and essay formats, with a full answer key. The test bank is coded to the learning objectives that appear in the main text, references to the section in the main text where the answers can be found, and Bloom’s taxonomy. Finally, each question in the test bank has been carefully reviewed by experienced criminal justice instructors for quality, accuracy, and content coverage. The Test Bank is available for download on the password-protected website and can also be obtained by e-mailing your local Cengage Learning representative.

Cengage Learning Testing, Powered by Cognero This assessment software is a flexible, online system that allows you to import, edit, and manipulate test bank content from the Criminal Investigation test bank or elsewhere, including your own favorite test questions; create multiple test versions in an instant; and deliver tests from your LMS, your classroom, or wherever you want.

online Powerpoint Lectures Helping you make your lectures more engaging while effectively reaching your visually oriented students, these handy Microsoft PowerPoint slides outline the chapters of the main text in a classroom-ready presentation. The PowerPoint slides are updated to reflect the content and organization of the new edition of the text and feature some additional examples and real-world cases for application and discussion. Available for download on the password-protected instructor companion website, the presentations and can also be obtained by e-mailing your local Cengage Learning representative.

For the Student Mindtap for Criminal investigation

With MindTap™ Criminal Justice for Introduction to Law Enforcement and Criminal Justice, you have the tools you need to better manage your limited time, with the ability to complete assignments whenever and wherever you are ready to learn. Course material that is specially customized for you by your instructor in a proven, easyto-use interface, keeps you engaged and active in the course. MindTap helps you achieve better grades today by cultivating a true understanding of course concepts and with a mobile app to keep you on track. With a wide array of course specific tools and apps—from note taking to flashcards—you can feel confident that MindTap is a worthwhile and valuable investment in your education.

You will stay engaged with MindTap’s video cases and career scenarios and remain motivated by information that shows where you stand at all times—both individually and compared with the highest performers in class. MindTap eliminates the guesswork, focusing on what’s most important with a learning path designed specifically by your instructor and for your Law Enforcement course. Master the most important information with built-in study tools such as visual chapter summaries and integrated learning objectives that will help you stay organized and use your time efficiently.

We would like to thank the reviewers for the 12th edition:

John C. Gregory, Tidewater Community College

Don Haley, Tidewater Community College

Rick James, Tidewater Community College

Aaron Pomeranz, Tidewater Community College

David L. White, Tidewater Community College

First, we must acknowledge Henry M. Wrobleski (1922–2007), the original lead author for the first six editions of this text. Henry was the former coordinator of the Law Enforcement Program at Normandale Community College, Bloomington, Minnesota. He was a respected author, lecturer, consultant, and expert witness with 30 years of experience in law enforcement. He was also the dean of instruction for the Institute for Professional Development and a graduate of the FBI Academy. Other Cengage texts Mr. Wrobleski coauthored are Introduction to Private Security, 4th edition, and Police Operations, 3rd edition. He is truly missed.

For their valuable suggestions for the previous editions of Introduction to Law Enforcement and Criminal Justice, thank you to Constance M. Bennett, Seminole Community College; Kenneth Bowser, Westfield State College; Robert Brode, College of the Canyons; Roger Brown, Golden Valley Lutheran College; Steven Brown, East Tennessee State University; William Castleberry, University of Tennessee–Martin; Megan Cole, Brown College; Lisa Kay Decker, Indiana State University; Vincent Del Castillo, John Jay College of Criminal Justice; Elizabeth DeValve, Fayetteville State University; Rita Dorsey, Shelby Community College; David G. Epstein, Brunswick Junior College; Chris W. Eskridge, University of Nebraska; Mary Beth Finn, Herzing University; Judith Fitzgerald, Bowie State University; Larry Gaines, Eastern Kentucky University; James N. Gilbert, University of Nebraska; Larry A. Gould, Northern Arizona University; George Green, Mankato State University; Martin A. Greenberg, Ulster County Community College; Edmund Grosskopf, Indiana State University; Daniel Gunderson, Chippewa Valley Technical College; Burt C. Hagerman, Oakland Community College; Hill Harper, Valdosta State University; Larry W. Hensel, Tallahassee Community College; Thomas Hinze, Riverland Community College; Robert G. Huckabee, Indiana State University; Robert Ingram, Florida International University; Robert R. Ives, Rock Valley College; Paul H. Johnson, Murray State University; William Kelly, Auburn University; William R. K ing, Bowling Green State University; Leonard Luzky, Ocean City College; Sidney A. Lyle, Odessa College; Michael Moberly, Southern Illinois University at Carbondale; Glen Morgan, Lincoln Land

Community College; M. G. Neithercutt, California State University–Hayward; James E. Newman, Police Academy, Rio Hondo Community College; Darek Niklas, Rhode Island College; E. W. Oglesby, Fullerton College; Charles Ousley, Seminole State College; Joseph Polanski, Sinclair Community College; Frank Post, Fullerton College; James W. Robinson, Louisiana State University–Eunice; Chad Rosa, Kaplan University and MSB/Globe University; Steve Rugger, University of South Carolina Upstate; Jack Spurlin, Missouri Southern College; James Stinchcomb, Miami Dade Community College; Christine L. Stymus, Bryant & Stratton College; Jack Taylor, Oscar Rose Junior College; Gary W. Tucker, Sinclair Community College; Larry Tuttle, Palm Beach Junior College; Lawrence Trostle, University of Anchorage; Myron Utech, University of Wisconsin at Eau Claire; Tim Vieders, Niagara County Community College; Robert F. Vodde, Fairleigh Dickinson University; Robert C. Wadman, Weber State University; James Walsh, Mount San Jacinto College; Douglas Watson, Northern Essex Community College; David A. Wilson, Turnbull Police Department; Dawn B. Young, Bossier Parish Community College; and Gay A. Young, Johnson County Community College.

Any errors in the text are, however, the sole responsibility of the authors. Thank you also to our editorial and production teams at Cengage Learning:

Jessica Alderman, Associate Content Developer; Carolyn Henderson Meier, Senior Product Manager; Jim Zayicek, Senior Content Project Manager; Tim Kappler, Editorial Assistant Lumina Datamatics:

Sharib Asrar, Associate Program Manager; Cheryl Dubois, Photo Researcher; Magesh Rajagopalan, Text Researcher; Danielle Shaw, Copyeditor.

We also extend a heartfelt thank you to Jennifer Molan Cho for her content expertise, research, and many contributions to this revision. Finally, we thank our families and colleagues for their support and assistance throughout the evolution of this text.

aBOuT ThE auThOrS

Kären Matison Hess, Ph.d., (1939–2010) was the author who first developed this text with Wrobleski and carried it through nine very successful revisions. Dr. Hess had a Ph.D. in instructional design from the University of Minnesota, was an instructor at Normandale Community College (Bloomington, MN), and crafted a line of enduring, practical textbooks in the fields of law enforcement and criminal justice. Other Cengage texts that Dr. Hess coauthored include Community Policing: Partnerships for Problem Solving (5th edition); Constitutional Law and the Criminal Justice System (4th edition); Criminal Investigation (10th edition); Criminal Procedure; Introduction to Private Security (5th edition); Juvenile Justice (5th edition); Management and Supervision in Law Enforcement (4th edition); Police Operations (5th edition); and Careers in Criminal Justice: From Internship to Promotion (6th edition).

Dr. Hess was a member of the Academy of Criminal Justice Sciences, the American Association of University Women, the American Society for Industrial Security, the International Association of Chiefs of Police, the International Law Enforcement Educators and Trainers Association, the Justice Research and Statistics Association, the Police Executive Research Forum, and the Textbook and Academic Author’s Association. In 2006, Dr. Hess was honored by the University of Minnesota College of Education and Human Development at the school’s 100-year anniversary as one of 100 alumni who have made a significant contribution to education and human development. Her tireless dedication to authorship and the education of criminal justice students will forever be an inspiration to us.

Christine Hess o rthmann, M.S., has been writing and researching in various aspects of criminal justice for more than 25 years. She is a coauthor of Community Policing: Partnerships for Problem Solving (7th edition); Constitutional Law and the Criminal Justice System (6th edition); Criminal Investigation (11th edition); Juvenile Justice (6th edition); Management and Supervision in Law Enforcement (7th edition); and Police Operations (6th edition). Orthmann is a member of the Text and Academic Authors Association, the Academy of Criminal Justice Sciences, the American Society of Criminology, and the National Criminal Justice Honor Society (Alpha Phi Sigma).

Sergeant Henry Lim Cho (retired) has an M.A. in human services with an emphasis on criminal justice leadership from Concordia University–St. Paul, Minnesota. He has worked in the field of criminal justice for more than 15 years, having held positions in private security and as a community service officer, police officer, and detective. He retired with the rank of Sergeant from the Rosemount (Minnesota) Police Department. Sgt. Cho has experience as a use-of-force instructor and a

crime scene investigator. His professional memberships include the Minnesota Police and Peace Officer’s Association, International Association of Identification— Minnesota Chapter, Minnesota Sex Crimes Investigator Association, High Technology Crime Investigation Association, National White Collar Crime Center and Fraternal Order of Police. Sgt. Cho has been published in the Minnesota Police Journal and is a coauthor on the Cengage texts Police Operations (6th edition) and Criminal Investigation (11th edition).

Introduct I on to

Law Enforcement and Criminal Justice

TThe Evolution of Law Enforcement and Criminal Justice

he criminal justice system is a vital part of our society and a complex amalgamation of three major components: law enforcement, courts, and corrections. Each component acts independently and interdependently as the total system functions. Law enforcement, as the first point of contact with citizens, serves as the gatekeeper to this system, which has grown and evolved exponentially since our country was founded.

To illustrate how massive this system has become, the Bureau of Justice Statistics reports that the United States spent an estimated $258 billion in fiscal year 2009 (the most recent year for which final census data are available) for police protection, corrections, and legal activities (Kyckelhahn, 2012). Police protection accounted for about $120 billion, about $55 billion went for judicial and legal services, and about $83 billion was spent on corrections. In 2009, the nation’s federal, state, and local justice systems employed about 2.5 million people, remaining relatively stable over the previous 10 years despite a growth in our national population. About 48 percent of these employees were in police protection, 20 percent were employed in judicial and legal capacities, and 32 percent worked in corrections (Kyckelhahn, 2012). The criminal justice system costs taxpayers billions of dollars, employs millions of people, deals with the lives of millions of people who break the law and the lives of their victims, and often involves matters of life and death.

The first section of this text provides the background necessary to understand contemporary law enforcement and its role within the criminal justice system and American society. Courts and corrections are the focus of the final section in the text. Chapter 1 describes how law enforcement has evolved from ancient times to the present. It traces the development of important federal agencies that provide assistance to law enforcement and that also rely on local law enforcement to fulfill their missions. Of special importance in the 21st century is the establishment of the Department of Homeland Security (DHS).

Chapter 2 explains how our system of laws evolved and the important roles of the U.S. Constitution and the Bill of Rights in this evolution. Several amendments in the Bill of Rights guide how law enforcement functions and what it can and cannot do. The inherent conflict between individual rights and the needs of the country symbolized in the scales of justice and the resulting need for balancing crime control and due process are one focus of this chapter.

Chapter 3 details what has historically been the focus of law enforcement: crime. Controlling crime has been a challenge since our country was founded. Although our forefathers sought freedom, they also had a firm belief in law and order. This chapter looks at the types of crime found in our country today and at various theories of crime causation. The chapter also describes those who break the law as well as the effect crime has on its victims. The change in focus from punishing offenders to involving victims and the community to bring about community justice is explained and sets the stage for the remaining chapters of the text.

THE EvoLuTion of LAw EnfoRCEmEnT 1

The farther backward you can look, the farther forward you are likely to see.

—Winston Churchill

learning objectives

LO1 Explain when and why law enforcement began.

LO2 Understand the significant contributions Sir Robert Peel made to law enforcement.

LO3 Identify when and where the first modern American police force began and what it was modeled after.

LO4 List the levels of government authorized to have law enforcement agencies and identify what additional form of law enforcement operates in the United States.

LO5 Identify who the chief law enforcement officer at the federal level is.

LO6 Compare and contrast the main characteristics of the three traditional eras of policing and note the time frame during which each existed.

LO7 Name the fourth era of policing that has emerged and identify the impetus behind it.

This abandoned building, initially constructed for visiting scottish nobility, was the location chosen by sir Robert Peel for the newly created London Police. This structure became known the world over as scotland Yard, as immortalized by A. Conan Doyle in his sherlock Holmes mysteries.

Key Terms

Bow Street Runners community era constable

Frankpledge system

hue and cry

hundreds

Leges Henrici

lex talionis

Magna Carta paradigm

parish parish constable system

political era proactive professional model

rattle watch reactive reeve

reform era regulators

InTrOducTIOn

riot act sheriff shire-reeve shires

slave patrols

spoils system

tithing

tithing system

vigilante watch and ward

A simple definition of society is an assembly of “people . . . living together in organized communities with shared laws, traditions, and values” (“Society,” 2016).

When a group sets forth formal rules of social behavior, or laws, it also effectively concedes the need for some type of mechanism to enforce those rules, hence the necessity for law enforcement.

Throughout U.S. history, many laws have been passed that, by today’s standards, seem silly, superfluous, or downright strange. Some of these laws remain on the books to this day. For example, in Michigan, it is illegal to tie a crocodile to a fire hydrant, and Kentucky law forbids a woman from remarrying the same man four times (Koon & Powell, 2002). In Tennessee, it is illegal for children to play games on Sunday without a license; children in Kalispell, Montana, must have a doctor’s note to legally purchase a lollipop; and in St. Louis, Missouri, it is illegal for a firefighter to rescue a woman who is wearing only a nightgown. A legal rescue requires the woman to be fully clothed (Lindsell-Roberts, 2004). A law in Wilbur, Washington, makes it illegal to ride an ugly horse; chickens are not legally allowed to cross the road in Quitman, Georgia; and in Mohave County, Arizona, anyone caught stealing soap must wash with it until the soap is gone or face punishment (Linz, 2002). In Waco, Texas, it is illegal to throw a banana peel onto the street because it could cause a horse to slip, and any woman wearing shorts, a halter top, or a bathing suit to a political rally in Wheatfield, Indiana, could be charged with a misdemeanor (Smith, 2006).

Although many (if not most) might question the need for police to respond to such absurd breaches of the law, there clearly exist many other laws that proscribe far more dangerous and heinous human behavior, laws that do necessitate a dedicated force of professionals whose mission is to protect and serve our country’s citizens and communities. It must also be emphasized at the outset of this text that the law enforcement function of police—detecting, apprehending, and investigating criminal offenders—is not their only role. Police are also expected to maintain public order through such activities as traffic control, crowd dispersal, and dispute settlements, as well as to provide services to the public, including assisting lost or stranded persons, providing emergency medical assistance, supplying information, and helping citizens who are locked out of their homes or vehicles.

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.