Criminal Justice A Brief IntroductionThirteenth Edition

Criminal Justice: A Brief Introduction
Thirteenth Edition
Chapter 5
Policing: Legal Aspects
Copyright © 2020, 2018, 2016 Pearson Education, Inc. All
Rights Reserved
Rights Reserved
The Abuse of Police Power
• Police involvement in the deaths of Freddie Gray, Walter
Scott, Eric Garner, and Michael Brown are examples of
abuse of police power
• The beating of Rodney King by L A P D officers was the
most widely discussed abuse of police power prior to these
events
• No one is above the law, not even the police
Rights Reserved
A Changing Legal Climate

• The U.S. Constitution and Bill of Rights are
designed to protect citizens against abuses of
police power
• In the 1960s, the Warren Court focused on
guaranteeing individual rights during criminal
prosecution by holding the criminal justice system
to strict procedural requirements
• More recently, a new conservative Court philosophy
has reversed some Warren-era advances
Rights Reserved
Table 5.1 Constitutional Amendments of Special
Significance to the American System of Justice (1 of 2)
This Right Is Guaranteed By This
Amendment
The right against unreasonable searches and
seizures
Fourth
The right against arrest without probable cause Fourth
The right against self-incrimination Fifth
The right against “double jeopardy” Fifth
The right to due process of law Fifth, Sixth, and

Fourteenth
The right to a speedy trial Sixth
The right to a jury trial Sixth
The right to know the charges Sixth
The right to cross-examine witnesses Sixth
The right to a lawyer Sixth
Rights Reserved
Table 5.1 Constitutional Amendments of Special
Significance to the American System of Justice (2 of 2)
This Right Is Guaranteed By This
Amendment
The right to compel witnesses on one’s behalf Sixth
The right to reasonable bail Eighth
The right against excessive fines Eighth
The right against cruel and unusual
punishments
Eighth
The applicability of constitutional rights to all
citizens, regardless of state law or procedure

Fourteenth
Note: The Fourteenth Amendment is not a part of the Bill of
Rights.
Rights Reserved
Checks and Balances
• The Constitution provides for checks and balances
among the legislative, judicial, and executive
branches
– One branch is always held accountable to other
branches
– System ensures that no individual or agency can
become too powerful
• People who feel their rights were violated can
appeal to courts for redress
Rights Reserved
Due-Process Requirements
• Due process required by 4th, 5th, 6th, and 14th
Amendments

• Areas where due process requirements are relevant
to the police:
– Evidence and investigation (search and seizure)
– Detention and arrest
– Interrogation
• Landmark cases produce major changes in justice
system operations
Rights Reserved
Search and Seizure
• Fourth Amendment protects against unreasonable
searches and seizures:
–“The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons
or things to be seized.”
Rights Reserved
The Exclusionary Rule (1 of 2)
• Holds that evidence illegally seized by the police in

violation of a defendant’s constitutional rights
cannot be used in a trial
• Exclusionary rule acts as a control over police
behavior
• Weeks v. U.S. (1914)
– First landmark case concerning search and
seizure
– Only applied exclusionary rule to federal officers
Rights Reserved
The Exclusionary Rule (2 of 2)
• Writ of Certiorari
– A writ issued from an appellate court for the
purpose of obtaining the lower court’s records of
a particular case
– A mechanism for discretionary review
• Fruit of the poisonous tree doctrine
– Evidence later developed as a result of illegal
search and seizure is excluded from trial
– Silverthorne Lumber Co. v. U.S. (1920)

Rights Reserved
Protective Searches (1 of 2)
• Most police searches are conducted without a warrant
(warrantless searches)
• Chimel v. California (1969)
– Warrantless search incident to arrest is limited
to area in suspect’s immediate control
• Minnesota v. Olson (1990)
– Extended protection against warrantless
searches to overnight guests in the name of
another
Rights Reserved
Table 5.2 Implications of Chimel v.
California (1969)
What Arresting Officers May Search
The defendant
The physical area within easy reach of the defendant
Valid Reasons for Conducting a Search
To protect the arresting officers

To prevent evidence from being destroyed
To keep the defendant from escaping
When a Search Becomes Illegal
When it goes beyond the defendant and the area
within the defendant’s immediate control
When it is conducted for other than a valid reason
Rights Reserved
Protective Searches (2 of 2)
• Minnesota v. Carter (1998)
– Reasonable expectation of privacy required for
4th Amendment protection
• Georgia v. Randolph (2006)
– Officers may not conduct a warrantless search
if one resident gives permission, but the other
refuses
• Bailey v. U.S. (2013)
– Limited the power of the police to detain
people who are away from home while police
search their residence

Rights Reserved
The Warren Court (1953-1969)
• Before the 1960s, the U.S. Supreme Court rarely
intruded into the overall operations of the criminal
justice system
• Mapp v. Ohio (1961)
– Applied exclusionary rule to the states
– Started the Warren Court on a course that would
guarantee recognition of individual rights
• Warren Court known as liberal or “progressive”
court
Rights Reserved
The Burger Court (1969–1986)
• Court distanced itself from earlier decisions of Warren
Court
• Decisions supportive of a “greater good era”—emphasis
on social order and communal safety
• Criminal defendants had most of the responsibility of
demonstrating that the police went beyond the law in the
performance of their duties

Rights Reserved
The Rehnquist Court (1986–2005)
• The United States showed strong swing toward
conservatism and renewed concern with protecting
the interests of those living within the law
• Rehnquist Court invoked a characteristically
conservative approach to important criminal justice
issues
– Limited the exclusionary rule
– Broadened police powers
– Limited opportunities for appeals by offenders
Rights Reserved
The Roberts Court (2005–Today)
• Court known for conservative nature, although
many opinions closely divided
• Court willing to change the law; gives little weight
to precedent and stare decisis
• Roberts Court has been eroding the exclusionary
rule
– Herring v. U.S. (2009): Exclusionary rule may be

used only if there is an intentional or reckless
violation of Fourth Amendment rights or
systematic police violations with regard to
searches and seizures
Rights Reserved
Good-Faith Exceptions to the
Exclusionary Rule
• Good-faith exception
– Allows evidence seized on the basis of good
faith, but later shown to be a mistake, to be
used in court
– U.S. v. Leon, Massachusetts v. Sheppard (1984)
– Clear reversal of Warren Court philosophy
• Probable cause
– A set of facts that would induce a reason person
to believe that a crime was committed
Rights Reserved
The Plain View Doctrine
• Officers may seize evidence in plain view without a
warrant if they are in a place where they have a

legal right to be
• Key cases
– Harris v. U.S. (1968)
– U.S. v. Irizarry (1982)
– Arizona v. Hicks (1987)
– Horton v. California (1990)
• Electronic evidence creates a special problem
Rights Reserved
Emergency Searches of Property and
Emergency Entry (1 of 2)
• Emergency searches involve warrantless searches
which are justified on the basis of some immediate
and overriding need
• Three threats provide justification for emergency
warrantless action
– Clear danger to life
– Clear danger of escape
– Clear danger of the removal or destruction of
evidence
• Exigent circumstances searches

Rights Reserved
Emergency Searches of Property and
Emergency Entry (2 of 2)
• Key cases
– Warden v. Hayden (1967)
– Maryland v. Buie (1990)
– Wilson v. Arkansas (1995)
– Richards v. Wisconsin (1997)
– Illinois v. McArthur (2001)
– Hudson v. Michigan (2006)
– Kentucky v. King (2011)
Rights Reserved
Anticipatory Warrants
• Anticipatory warrant
– Search warrant issued on the basis or probable cause
to believe that evidence, while not currently at the place
described, will likely be there when the warrant is
executed
• U.S.v. Grubbs (2006) affirmed the constitutionality of
anticipatory warrants
Rights Reserved

Detention and Arrest (1 of 2)
• Arrest
– The act of taking someone into physical custody
by authority o flaw to charge that person with a
crime, delinquent act, or status offense
– Occurs when a law enforcement officer restricts
a person’s freedom to leave
• Arrest is a form of seizure under the Fourth
Amendment
• Investigative detention is not the same as arrest
– A temporary detention for investigative
purposes, based on reasonable suspicion
Rights Reserved
Detention and Arrest (2 of 2)
• Key cases
– U.S. v. Mendenhall (1980)
– Stansbury v. California (1994)
– Yarborough v. Alvarado (2004)
– Muehler v. Mena (2005)
– Rodriguez v. U.S. (2015)
– Payton v. New York (1980)

Rights Reserved
Searches Incident to Arrest
• A warrantless search of an arrested individual to
ensure the safety of the officer
• Terry-type stop
– Brief stop and frisk based on reasonable
suspicion
• Reasonable Suspicion
– Belief that would justify an officer in making
further inquiry or in conducting further
investigation
– Sufficient for investigative detention but not
arrest
Rights Reserved
Searches Incident to Arrest—Cases
(1 of 2)
• U.S. v. Robinson (1973)
• Terry v. Ohio (1968)
• U.S. v. Sokolow (1989)

• U.S. v. Arvizu (2002)
• Minnesota v. Dickerson (1993)
Rights Reserved
Searches Incident to Arrest—Cases
(2 of 2)
• Brown v. Texas (1979)
• Hibbel v. Sixth Judicial District Court of Nevada
(2004)
• Smith v. Ohio (1990)
• California v. Hodari D. (1991)
Rights Reserved
Emergency Searches of Persons
• Fall under exigent circumstances exception
• F B I guidelines for conducting searches
– Probable cause at the time of the search to
believe that evidence was concealed
– Probable cause to believe an emergency threat

of destruction of evidence existed
– No prior opportunity to obtain a warrant
– Action was no greater than necessary
Rights Reserved
Emergency Searches of Persons—
Cases
• Arkansas v. Sanders (1979)
• U.S. v. Borchardt (1987)
Rights Reserved
Vehicle Searches
• Motor vehicles create a special problem for law
enforcement, due to their mobility
• Fleeting-targets exception
– Exception to the exclusionary rule that permits
police to search a motor vehicle based on
probable cause but without a warrant
– Justified by the fact that vehicles are highly
mobile and can leave police jurisdiction quickly

Rights Reserved
Vehicle Searches—Cases (1 of 3)
• Carroll v. U.S. (1925)
• Preston v. U.S. (1964)
• Arizona v. Gant (2009)
• South Dakota v. Opperman (1976)
• Colorado v. Bertine (1987)
• Florida v. Wells (1990)
Rights Reserved
• Ornelas v. U.S. (1996)
• Florida v. Jimeno (1991)
• U.S. v. Ross (1982)
• Whren v. U.S. (1996)
• Maryland v. Wilson (1997)
• Brendlin v. California (2007)

Rights Reserved
• Knowles v. Iowa (1998)
• Wyoming v. Houghton (1999)
• Thornton v. U.S. (2004)
• Illinois v. Caballes (2005)
• Davis v. U.S. (2007)
Rights Reserved
Roadblocks and Motor Vehicle
Checkpoints
• Community interests may require temporary
suspension of personal liberty even if probable
cause is lacking
• Michigan Dept. of State Police v. Sitz (1990)
– Highway sobriety checkpoints legal if essential
to community welfare
• U.S. v. Martinez-Fuerte (1976)

– Suspicionless seizures to intercept illegal aliens
legal
• Illinois v. Lidster (2004)
– Information-seeking highway roadblocks
permissible
Rights Reserved
Watercraft and Motor Homes
• U.S. v. Villamonte-Marquez (1983)
– Police may conduct warrantless searches of
watercraft
• California v. Carney (1985)
motor homes
• U.S. v. Hill (1988)
houseboats
Rights Reserved

Suspicionless Searches
• The need to ensure public safety may provide
compelling interest to justify limiting the right to
privacy
• Suspicionless search
– A warrantless search conducted when a person
is not suspected of a crime
– National Treasury Employees Union v. Von Raab
(1989)
– Skinner v. Railway Labor Executives’ Association
(1989)
Rights Reserved
Suspicionless Searches—Cases
• National Treasury Employees Union v. Von Raab
(1989)
• Skinner v. Railway Labor Executives’ Association
(1989)
• Florida v. Bostick (1991)
• Bond v. U.S. (2000)
• U.S. v. Drayton (2002)

• U.S. v. Flores-Montano (2004)
Rights Reserved
High-Technology Searches
• Use of high technology to discover and investigate
crimes is forcing courts to evaluate applicability of
constitutional protections to high-tech searches and
seizures
• People v. Deutsch (1996)
– California appellate court held that high-tech
searches may violate reasonable expectations of
privacy
• Kyllo v. U.S. (2001)
– Supreme Court held high-tech searches may be
presumptively unreasonable without a warrant
Rights Reserved
Informants (1 of 3)
• Use of paid informants raises ethical concerns
– Informants may be paid to get away with crimes
– Police may agree not to charge an offender if he or

she will testify against others in a group
• Successful use of informants in supporting requests for
warrants depends on demonstrable reliability of their
information
Rights Reserved
Informants (2 of 3)
• Two-pronged test
– Established by Aguilar v. Texas (1964)
– Informant information could establish probable cause
if:
▪ The source of the informant’s information is clear
▪ The officer has reasonable belief that the informant
is reliable
– U.S. v. Harris (1971)—exception to two-pronged test
Rights Reserved
Informants (3 of 3)
• Totality of the circumstances test
– Established by Illinois v. Gates (1983)

– Probable cause for issuing a warrant exists where an
informant can be reasonably believed on the basis of
everything the police know
Rights Reserved
Police Interrogation
• Interrogation is the information-gathering activity of police
that involves direct questioning of suspects
• Not limited to verbal questioning
• Interrogation of suspects is subject to constitutional limits
as interpreted by the courts
Rights Reserved
Physical Abuse
• Brown v. Mississippi (1936)
– Physical abuse cannot be used during interrogation to
obtain a confession or elicit information from a suspect
Rights Reserved

Inherent Coercion
• The tactics used by police interviewers that fall
short of physical abuse but pressure the suspect to
talk
– Includes nonphysical coercion, hostility,
pressure to force a confession
• Ashcraft v. Tennessee (1944)
– 5th Amendment prohibits inherent coercion
during interrogation
Rights Reserved
Psychological Manipulation
• Involves manipulative actions by police
interviewers, designed to pressure suspects to
divulge information, that are based on subtle forms
of intimidation and control
• Leyra v. Denno (1954)
– Banned use of professionals skilled in
psychological manipulation to gain confessions
• Arizona v. Fulminante (1991)
– Interrogation may not involve sophisticated
trickery or manipulation

Rights Reserved
The Right to a Lawyer at Interrogation
—Cases
• Escobedo v. Illinois (1964)
• Edwards v. Arizona (1981)
• Michigan v. Jackson (1986)
• Minnick v. Mississippi (1990)
• Arizona v. Roberson (1988)
• Davis v. U.S. (1994)
• Montejo v. Louisiana (2009)
• Maryland v. Shatzer (2010)
Rights Reserved
Suspect Rights: The Miranda
Decision
• Miranda v. Arizona (1966)
– Must advise suspects of their rights before
questioning (Miranda warnings)

– No evidence obtained as a result of an
interrogation conducted without a rights
advisement can be used against the suspect
– Rights extended to illegal immigrants living in
the United States
• Key cases
– U.S. v. Dickerson (1999)
– U.S. v. Patane (2004)
Rights Reserved
CJ Exhibit 5.2 The Miranda Warnings
ADULT RIGHTS WARNING
Suspects 18 years old or older who are in custody
must be advised of the following rights before any
questioning begins:
1. You have the right to remain silent.
2. Anything you say can be used against you in a
court of law.
3. You have the right to talk to a lawyer and to
have a lawyer present while you are being
questioned.
4. If you want a lawyer before or during
questioning but cannot afford to hire a lawyer,
one will be appointed to represent you at no

cost before any questioning.
5. If you answer questions now without a lawyer
here, you still have the right to stop answering
questions at any time.
WAIVER OF RIGHTS
After reading and explaining the rights of a person
in custody, an officer must also ask for a waiver
of those rights before any questioning.
The following waiver questions must be
answered affirmatively, either by express answer
or by clear implication. Silence alone is not a
waiver.
1. Do you understand each of these rights I have
explained to you? (Answer must be YES.)
2. Having these rights in mind, do you now wish
to answer questions? (Answer must be YES.)
3. Do you now wish to answer questions without
a lawyer present? (Answer must be YES.)
The following question must be asked of
juveniles under he age of 18:
1. Do you now wish to answer questions without
your
2. parents, guardians, or custodians present?
(Answer
3. must be YES.)

Rights Reserved
Waiver of Miranda Rights by
Suspects
• Suspects may waive their Miranda rights through a
voluntary, knowing, and intelligent waiver
• Knowing waiver
– Suspect must be advised of rights, must be in a
condition to understand them
• Intelligent waiver
– Suspect must understand the consequences of
not invoking rights
Rights Reserved
Inevitable-Discovery Exception to
Miranda
• Evidence gathered inappropriately can be used in
court if it would invariably turned up in the normal
course of events
• Key cases
– Brewer v. Williams (1977)—“Christian burial

speech”
– Nix v. Williams (1984)
Rights Reserved
Public-Safety Exception to Miranda
• Overriding considerations of public safety may
negate the Miranda requirement in order to prevent
further harm
• Key cases
– New York v. Quarles (1984)
– Colorado v. Connelly (1986)
– Kuhlmann v. Wilson (1986)
– Illinois v. Perkins (1990)
Rights Reserved
Miranda and the Meaning of
Interrogation
• Rock v. Zimmerman (1982)
– If the suspect is not in custody and probable
cause is lacking in the investigator’s mind,
questioning can occur without Miranda warnings
– Interrogation within the meaning of Miranda has

not yet begun
• Miranda triggers
– The dual principles of custody and interrogation
– Both are necessary before an advisement of
rights is required
Rights Reserved
Miranda and the Meaning of
Interrogation—Cases
• Arizona v. Mauro (1987)
• Doyle v. Ohio (1976)
• Brecht v. Abrahamson (1993)
• Missouri v. Seibert (2004)
• Florida v. Powell (2010)
• Berghuis v. Thompkins (2010)
• Salinas v. Texas (2013)
Rights Reserved
Gathering Special Kinds of

Nontestimonial Evidence (1 of 2)
• Nontestimonial evidence
– Generally physical evidence
– Special category includes personal items within
or part of a person’s body (ingested drugs,
blood cells, DNA, fingerprints, etc.)
• Gathering of very personal nontestimonial evidence
complicates the issue of constitutional protections
Rights Reserved
Gathering Special Kinds of
Nontestimonial Evidence (2 of 2)
• Right to privacy
– The courts have placed limits on seizures of
personal nontestimonial evidence
– Hayes v. Florida, Winston v. Lee (1985)
• Body-cavity searches
– Very problematic for police
– U.S. v. Montoya de Hernandez (1985)
Rights Reserved
Electronic Eavesdropping—Cases

• Olmstead v. U.S. (1928)
• On Lee v. U.S. (1952)
• Lopez v. U.S. (1963)
• Berger v. New York (1967)
• Katz v. U.S. (1967)
• Lee v. Florida (1968)
• U.S. v. White (1971)
• U.S. v. Karo (1984)
Rights Reserved
Minimization Requirement for
Electronic Surveillance
• U.S. v. Scott (1978)
• Officers must make all reasonable efforts to
monitor only those conversations specifically
related to the criminal activity under investigation
• As soon as it becomes obvious that a conversation
is innocent, monitoring personnel must cease their
invasion of privacy

Rights Reserved
The Electronic Communications
Privacy Act of 1986
• Established the due-process requirements police
must meet to legally intercept wire
communications
• Deals with three areas of communications
– Wiretaps and bugs
– Pen registers recording numbers dialed from a
telephone
– Tracing devices that determine the number from
which a call emanates
Rights Reserved
The Telecommunications Act of 1996
• Title V of this Act made it a federal offense for
anyone engaged in interstate or international
communications to engage in communications that
are obscene, lewd, indecent, etc. with intent to
annoy, abuse, threaten, or harass another person
• Communications Decency Act (CDA) criminalized
the transmission to minors of “patently offensive”
obscene materials over the Internet or other

computer telecommunications services
– Reno v. ACLU (1997) invalidated portions of the
CDA
Rights Reserved
The USA PATRIOT Act of 2001
• Made it easier for police to intercept many forms of
electronic communications
• PATRIOT II (2006) extended or made permanent a
number of provisions, including roving wiretap
provision
• In 2011, President Obama extended several
provisions of the U S A PATRIOT Act that would have
otherwise expired
Rights Reserved
Cybersecurity Information Sharing
Act (C I S A)
• Designed to improve cybersecurity in the United
States by facilitating information sharing about
cybersecurity threats
• Allows for easy sharing of Internet traffic

information between the U.S. government and
technology and manufacturing companies
• Critics say it facilitates mass surveillance of private
communications
Rights Reserved
Electronic and Latent Evidence
• Latent evidence—not readily visible to the unaided
eye
• Special characteristics of electronic evidence
– Latent
– Transcends national/state borders
– Fragile
– Time-sensitive
• Police must take special precautions when
documenting, collecting, preserving electronic
evidence
Rights Reserved
Copyright
Criminal Justice: A Brief IntroductionThe Abuse of Police
PowerA Changing Legal ClimateSlide 4Slide 5Checks and
BalancesDue-Process RequirementsSearch and SeizureThe
Exclusionary Rule (1 of 2)The Exclusionary Rule (2 of

2)Protective Searches (1 of 2)Table 5.2 Implications of Chimel
v. California (1969)Protective Searches (2 of 2)The Warren
Court (1953-1969)The Burger Court (1969–1986)The Rehnquist
Court (1986–2005)The Roberts Court (2005–Today)Good-Faith
Exceptions to the Exclusionary RuleThe Plain View
DoctrineEmergency Searches of Property and Emergency Entry
(1 of 2)Emergency Searches of Property and Emergency Entry
(2 of 2)Anticipatory WarrantsDetention and Arrest (1 of
2)Detention and Arrest (2 of 2)Searches Incident to
ArrestSearches Incident to Arrest—Cases (1 of 2)Searches
Incident to Arrest—Cases (2 of 2)Emergency Searches of
PersonsEmergency Searches of Persons—CasesVehicle
SearchesVehicle Searches—Cases (1 of 3)Vehicle Searches—
Cases (2 of 3)Vehicle Searches—Cases (3 of 3)Roadblocks and
Motor Vehicle CheckpointsWatercraft and Motor
HomesSuspicionless SearchesSuspicionless Searches—
CasesHigh-Technology SearchesInformants (1 of 3)Informants
(2 of 3)Informants (3 of 3)Police InterrogationPhysical
AbuseInherent CoercionPsychological ManipulationThe Right
to a Lawyer at Interrogation—CasesSuspect Rights: The
Miranda DecisionCJ Exhibit 5.2 The Miranda WarningsWaiver
of Miranda Rights by SuspectsInevitable-Discovery Exception
to MirandaPublic-Safety Exception to MirandaMiranda and the
Meaning of InterrogationMiranda and the Meaning of
Interrogation—CasesGathering Special Kinds of Nontestimonial
Evidence (1 of 2)Gathering Special Kinds of Nontestimonial
Evidence (2 of 2)Electronic Eavesdropping—CasesMinimization
Requirement for Electronic SurveillanceThe Electronic
Communications Privacy Act of 1986The Telecommunications
Act of 1996The USA PATRIOT Act of 2001Cybersecurity
Information Sharing Act (C I S A)Electronic and Latent
EvidenceCopyright
Thirteenth Edition

Chapter 4
Policing: Purpose and Organization
Rights Reserved
Rights Reserved
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1
Figure 4.1 The Basic Purposes of Policing in Democratic
Societies
Rights Reserved
Source: Pearson Education, Inc.
2
Enforcing the Law
Police operate under an official public mandate requiring them
to enforce the law
This is not their only job
The majority of police officer time is spent answering
nonemergency public service calls

Only about 10% to 20% of all calls involve situations that
actually require a law enforcement response
Police cannot enforce all the laws
Police are also expected to support the law
Rights Reserved
Source: Victor Kappeler et al., The Mythology of Crime and
Criminal Justice, 1996 (Prospect Heights, IL: Waveland Press).
3
Apprehending Offenders
Some offenders are apprehended during the investigation of a
crime or during/immediately after its commission
Many offenders are only caught as the result of extensive police
work involving investigation
Criminal investigation
The process of discovering, collecting, preparing, identifying,
and presenting evidence to determine what happened and who is
responsible when a crime occurs
Rights Reserved
Preventing Crime (1 of 2)
Crime prevention
A proactive approach to the problem of crime
Anticipating, recognizing, and appraising a crime risk and the
initiation of action to eliminate or reduce it
Techniques: access control, theft-deterrence devices, hot-spot
policing, predictive policing, etc.
Programs: organized efforts that focus resources on reducing a
specific form of criminal threat

Rights Reserved
Preventing Crime (2 of 2)
Police ability to prevent crimes relies in part on their ability to
predict when/where crimes will occur
Effective prediction allows limited resources to be assigned to
the areas with the greatest need (“hot spots”)
CompStat:
A process of crime analysis and police management developed
by the N Y P D in the mid-1990s
A form of predictive policing
Rights Reserved
Preserving the Peace
Virtually limitless police activity that does not only involve
activities that violate the law
Focus on quality-of-life offenses as crime-reduction and
peacekeeping strategy
Minor law violations that demoralize community residents and
businesspeople
Acts that create physical disorder or reflect social decay
Broken windows theory of policing
Rights Reserved
Providing Services
Anyone can mobilize the police simply by calling them
911 calls are prioritized and then relayed to patrol officers,
specialized field units, or other emergency personnel

Some states have adopted nonemergency call numbers (311) in
addition to 911
Rights Reserved
American Policing Today
The organization of American policing is the most complex in
the world
Three major legislative and judicial jurisdictions
Federal
State
Local
Each has a variety of police agencies to enforce its laws
Little uniformity among jurisdictions regarding naming,
function, or authority of enforcement agencies
Rights Reserved
Federal Agencies
Federal law enforcement agencies are distributed among 14 U.S.
government departments and 28 nondepartmental entities
Federal law enforcement officers are authorized to:
Conduct criminal investigations
Execute search warrants
Make arrests
Carry firearms
Rights Reserved
The FBI (1 of 2)
Began in 1908 as the Bureau of Investigation
Primary mission:
Protect and defend the U.S. against terrorist and foreign

intelligence threats
Uphold and enforce the criminal laws of the United States
Provide leadership and criminal justice services
Currently has 13,500 special agents assigned to 56 field offices
and 400 satellite offices
Legats—legal attaché offices operated by the FBI in major
cities around the world (London, Paris, etc.)
Rights Reserved
The FBI (2 of 2)
Operates the Combined D N A Index System (C O D I S)
Computerized forensic database of DNA profiles of offenders
convicted of serious crimes
Part of National DNA Index System (NDIS)
F B I Laboratory Division
One of the largest and most comprehensive crime labs in the
world
Provides services throughout the United States
National Academy Program
Rights Reserved
The FBI and Counterterrorism
After attacks of 9-11, FBI priorities changed to focus on
preventing terrorist attacks
FBI Counterterrorism Division collects, analyzes, shares
information and critical intelligence with federal, state, and
local law enforcement agencies
Rights Reserved
State Agencies (1 of 2)

Most were created in late nineteenth and early twentieth century
to meet specific needs
Wide diversity of state policing agencies exist
Two main models of state policing—centralized and
decentralized
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State Agencies (2 of 2)
Centralized
Assist local law enforcement in investigations
Operate a centralized identification bureau
Maintain criminal records repository
Patrol state highways
Provide select training
Decentralized
Two separate agencies to distinguish between traffic
enforcement and other state-level law enforcement functions
Usually also have other state-level law enforcement agencies
Rights Reserved
Local Agencies (1 of 2)
Includes city and county agencies
Municipal departments, rural sheriff’s departments, specialized
groups (campus police, transit police, etc.)
Every incorporated municipality has the authority to create its
own police force
Approximately 12,000 municipal departments and over 3,000
sheriff’s departments
About half employ fewer than ten full-time officers
Rights Reserved

Source: Brian A. Reaves, Census of State and Local Law
Enforcement Agencies, 2008 (Washington, DC: Bureau of
Justice Statistics, 2011).
16
Local Agencies (2 of 2)
City police chiefs typically appointed by the major or selected
by the city council
Sheriffs are elected public officials whose agencies are
responsible for law enforcement throughout the county
Sheriff’s departments also have court-related responsibility,
including running county jails
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Fusion Centers
“Fuse” intelligence from participating agencies to create a
comprehensive threat picture
A multiagency law enforcement facility designed to enhance
cooperative efforts through a coordinated process for collecting,
sharing, and analyzing information in order to develop
actionable intelligence
Obtaining necessary security clearances a key problem
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Private Protective Services
Independent or proprietary commercial organizations that
provide protective services to employers on a contractual basis
Major reasons for recent growth in private security
Increase in workplace crime
Increased fear of crime/terrorism
State fiscal crises

Increased public awareness/use of private security
May be in part responsible for recent drop in crime rates
Rights Reserved
Interpol
International Criminal Police Organization
Began operations in 1946—currently has 192 member nations
Main purpose: acts as a clearinghouse for information on
offenses and suspects believed to operate across national
boundaries
No powers of arrest or search and seizure, no field investigators
Rights Reserved
Europol
European Police Office—began limited operations in 1994; full
operations began in 1999
Integrated police intelligence-gathering and information
dissemination arm of the member nations of the E U
Mission is to improve effectiveness and cooperation of law
enforcement agencies within EU member states
Works with Interpol on international terrorism, drug trafficking,
and human trafficking
Rights Reserved
Police Administration (1 of 3)
Police management
Administrative activities that control, direct, and coordinate
police personnel, resources, and activities
Police managers include sworn law enforcement personnel with
administrative authority and civilian personnel

Rights Reserved
Line operations
Field or supervisory activities directly related to daily police
work
Staff operations
Activities providing support for line operations (administration,
training, etc.)
Most police agencies include both line and staff operations
Only the smallest departments have line operations
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Figure 4.3 Typical Organizational Chart of a Local Police
Department
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24
Chain of command
Order of authority within a department—clarifies who reports to
whom
Unity of command
Every officer has only one supervisor
Span of control
The number of police personnel or the number of units
supervised by a particular officer

Rights Reserved
Policing Epochs and Styles (1 of 5)
The Political Era (1840s–1930)
Close ties between police and public officials
Police tended to serve the interests of powerful politicians and
their cronies
The Reform Era (1930–1970s)
Pride in professional crime-fighting
Focus on solving “traditional” crimes
Rights Reserved
The Community Policing Era (1970s–Today)
Stresses the service role
Envisions a partnership between the police and their
communities
The New Era (2001–Today)
Came about because of 9-11 terrorist attacks, still evolving
Homeland security, terrorism prevention, intelligence-led
policing, evidence-based policing (EBP)
Rights Reserved
Wilson’s three policing styles
Watchman style—characteristic of political era
Legalistic style—similar to professional crime fighting of
reform era
Service style—common today
Characterize nearly all municipal agencies in the United States

Some departments are a mixture of several styles
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The Watchman Style of Policing
Primarily concerned with order maintenance
Focuses on controlling illegal and disruptive behavior
Considerable use of discretion
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The Legalistic Style of Policing
Enforces the letter of the law
Hands-off approach to behaviors that are simply bothersome
The Service Style of Policing
Meets the needs of the community
Police see themselves more as helpers than as soldiers in a “war
on crime”
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Police–Community Relations
Area of police activity that recognizes the need for the
community and the police to work together effectively
Based on the notion that the police derive their legitimacy from
the community they serve
Movement away from police emphasis on the apprehension of
law violators toward increasing the level of positive police–
citizen interaction

Rights Reserved
Team Policing
The reorganization of conventional patrol strategies into “an
integrated and versatile police team assigned to a fixed district”
Concept some communities experimented with during the 1960s
and 1970s
Officers were given considerable authority in processing
complaints, from receipt through resolution
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Strategic Policing
Retains traditional crime-fighting goals but enlarges the
enforcement target to include nontraditional kinds of criminals
A holdover from the Reform Era
Emphasizes increased capacity to deal with crimes that are not
well controlled by other methods
Uses innovative enforcement techniques
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Problem-Solving Policing
Assumes many crimes are caused by existing social conditions
Controls crime by uncovering and addressing underlying social
problems
Uses community resources
Attempts to involve citizens in crime prevention through
education, negotiation, and conflict management
Rights Reserved
Community Policing (1 of 2)

A philosophy that promotes organizational strategies which
support the systematic use of partnerships and problem-solving
techniques
Partnership between the police and the community
Also called community-oriented policing
Rights Reserved
Community Policing (2 of 2)
Involves at least one of four key elements
Community-based crime prevention
Reorientation of patrol activities to emphasize the importance
of nonemergency services
Increased police accountability to the public
Decentralization of command, including greater use of civilians
at all levels of police decision-making
Sheriffs’ departments often refer to these programs as
neighborhood-oriented policing
Rights Reserved
Community Policing and Antiterrorism
Community policing is a natural conduit for information
gathering and the development of counterterrorism intelligence
Information gathered by state/local departments can be funneled
to federal agencies that have been charged with developing
national security intelligence
Rights Reserved
Critique of Community Policing
Community policing has become the major theme of police
reform

Community policing plagued with problems
Difficult to determine program effectiveness or citizen
satisfaction with the program
Ambiguity surrounding the concept of community
Not all police officers or managers are willing to accept
nontraditional images of police work.
Efforts to promote community policing can demoralize the
department
Rights Reserved
Evidence-Based Policing (1 of 2)
Law Enforcement Assistance Administration (L E A A)
A now-defunct federal agency established under Title I of the
1968 Omnibus Crime Control and Safe Streets Act to funnel
federal funding to state and local agencies
L E A A funding led to research-rich years from1969 to 1982
Established a tradition of program evaluation within police-
management circles
Rights Reserved
Evidence-Based Policing (2 of 2)
LEAA established a tradition of program evaluation within
police management circles
Scientific police management
The application of social science techniques to the study of
police administration for the purpose of increasing
effectiveness, reducing the frequency of citizen complaints, and
enhancing the efficient use of available resources
Rights Reserved

The Kansas City Experiment (1 of 2)
The first large-scale scientific study of law enforcement
practices
Focused on the practice of preventive patrol
Study divided patrol beats into proactive, reactive, and control
zones
Study found no significant differences in crime rate or citizen
fear of crime
Second Kansas City study focused on response time
Little effect on citizen satisfaction or arrest of suspects
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The Kansas City Experiment (2 of 2)
Although the study called into question some basic assumptions
about patrol, it remains the backbone of police work
Directed patrol
New police-management strategy designed to increase the
productivity of patrol officers through the scientific analysis
and evaluation of patrol techniques
Put the most officers on the street where and when crime is
most prevalent
Rights Reserved
Evidence-Based Policing Today
Involves the use of the best available research on the outcomes
of police work to implement guidelines and evaluate agencies,
units, and officers.
E B P uses research to evaluate current practices
EBP model called the single “most powerful force for change”
in policing today
Successful law enforcement executives must be consumers and
appliers of research

Do not have to be researchers but must use research in their
everyday work
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Discretion and the Individual Officer
Police discretion
The exercise of choice by law enforcement officers in their
daily activities
Patrolling officers often decide against a strict enforcement of
the law, preferring instead to handle situations informally
Widest exercise of discretion more likely in routine situations
involving relatively less serious violations of the law
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Figure 4.5 Discretion and the Individual Officer
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Copyright
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46
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Thirteenth Edition
Chapter 2
The Crime Picture
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Crime Data and Social Policy
• Crime statistics provide an overview of criminal
activity
• A statistical picture of crime can be a powerful tool
for creating social policy
• The objectivity of crime statistics has been
questioned
• Public opinion about crime is not always realistic
and is greatly influenced by the news media

Rights Reserved
The Collection of Crime Data
• Two major sources of crime statistics
– Uniform Crime Reporting Program (U C R /N I B R S),
run by the FBI
– National Crime Victimization Survey (N C V S), run
by the Bureau of Justice Statistics
• Offender self-reports
– Based on surveys asking respondents to reveal
involvement in illegal activity
– Not national in scope, not conducted regularly
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Figure 2.1The Criminal Justice
Funnel
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Development of the U C R Program
(1 of 2)
• Began in 1930 when Congress designated the F B I to

implement a national crime statistics program
– In the first year, the F B I received reports from 400
cities in 43 states, covering 20 million people
– Today, approximately 18,000 agencies provide
information
• Uses standardized definitions of offenses to ensure
uniformity in reporting
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Development of the U C R Program
(2 of 2)
• Originally included a Crime Index to allow
comparisons over time
• Made up of 7 Part I offenses
– Murder, forcible rape, robbery, aggravated
assault, burglary, larceny-theft, and motor
vehicle theft
– An eighth Part I crime, arson, was added in 1979
• Crime Index skewed by large numbers of larceny-
theft offenses
• The Crime Index was discontinued in 2004

Rights Reserved
The National Incident-Based
Reporting System (N I B R S) (1 of 2)
• Development initiated in 1988
• A significant redesign of the original U C R Program
• Incident-driven, not summary-based
• Gathers many more details about each criminal incident
• 8 Part I offenses replaced with 52 Group A offenses
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The National Incident-Based
Reporting System (N I B R S) (2 of 2)
• FBI began accepting crime data in NIBRS format in
January 1989.
• The NIBRS format has not been fully adopted and
changes continue to be made.
• Major advantages of N I B R S
– Sheer increase in volume of data collected
– Ability to break down and combine crime

offense data
Rights Reserved
Table 2.1 Differences between
Traditional U C R and Enhanced U C R/
N I B R S Reporting (1 of 2)
Traditional U C R Enhanced U C R/N I B R S
Consists of monthly aggregate crime
counts
Consists of individual incident records
for the eight major crimes and 38
other offenses, with details on
offense, victim, offender, and property
involved
Records one offense per incident, as
determined by the hierarchy rule,
which suppresses counts of lesser
offenses in multiple-offense incidents
Records each offense occurring in an
incident
Does not distinguish between
attempted and completed crimes
Distinguishes between attempted and
completed crimes

Collects assault information in flve
categories
Restructures definition of assault
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Table 2.1 Differences between
Traditional U C R and Enhanced U C R/
N I B R S Reporting (2 of 2)
Traditional U C R Enhanced U C R/N I B R S
Collects weapon information for
murder, robbery, and aggravated
assault
Collects weapon information for all
violent offenses
Provides counts on arrests for the
eight major crimes and 21 other
offenses
Provides details on arrests for the
eight major crimes and 49 other
offenses
Distinguishes between personal
(violent) and property crimes
General categories of crime consist
of crimes against persons, property,

and society
Sees robbery as a personal crime Classifies robbery as a
properly crime
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Historical Trends (1 of 4)
• The first major shift in crime rates occurred in the
early 1940s
– Crime decreased due to the large number of
young men who entered military service during
W W I I
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• The second shift occurred between 1960 and 1989
– Dramatic increase in most forms of crime
– Postwar baby boomers reaching crime-prone
age
– Growing police professionalization increased the
number of reports
– Tumult of the 1960s
– Increase in drug-related criminal activity

– Blurring of social norms
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• The third shift occurred between 1990 and 2017
– Significant decrease in rates of most major
crimes
– Strict laws, expanded justice system
– National efforts to combat crime, better
prepared agencies, innovative police programs
– Strong victims’ movement
– Sentencing reform and “get tough on crime”
initiatives
– “War on drugs”
– Advances in forensic science technology
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• A fourth shift in crime trends may be on the horizon
– Economic uncertainty, increasing numbers of
ex-convicts back on the streets, increased teen
populations and gang activity

– Social disorganization due to natural disasters
– Mass shootings, inner-city murders, increasing
influence of gangs
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U C R/N I B R S in Transition (1 of 2)
• F B I crime clock illustrates crime frequency
• Crime clock includes two categories of offenses
– Violent/personal crimes: murder, forcible rape,
robbery, aggravated assault
– Property crimes: burglary, larceny-theft, motor
vehicle theft, burglary, arson
• Based on crimes reported to or discovered by the
police
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U C R/N I B R S in Transition (2 of 2)
• John Augustus of Boston, Massachusetts, is recognized
as the father of probation

– Volunteered to supervise over 1,800 offenders to
alieve jails
• Massachusetts was the first state to pass a probation
statute in 1878
– Remaining states quickly followed
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Figure 2.4 The F B I Crime Clock, Which
Shows the Frequency of the
Commission of Major Crimes in 2017
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Table 2.2 Major Crimes Known to the Police,
2017
Offense Number Rate per
100,000
Clearance Rate (%)
Personal/Violent
Crimes
Murder 17,284 5.3 61.6
Rape 99,856 30.7 34.5

Robbery 319,356 98.0 29.7
Aggravated assault 810,825 248.9 53.3
Property Crimes
Burglary 1,401,84
0
430.4 13.5
Larceny-theft 5,519,10
7
1,694.4 19.2
Motor vehicle theft 773,139 237.4 13.7
Arsona 36,660 13.2 21.7
U.S. Total 8,978,06
7
2,758.3
a Arson can be classified as either a property crime or a violent
crime, depending on whether personal injury or loss of
life results from its commission. It is generally classified as a
property crime, however. Arson statistics are incomplete
for 2017, and are not included in other annual crime rate
calculations in this chapter.

Rights Reserved
Murder (1 of 2)
• The unlawful killing of a human being
– First-degree murder: criminal homicide that is planned
– Second-degree murder: intentional killing but generally
unplanned
• Smallest numerical category in Part I offenses
• Most commonly committed using firearms, especially
handguns
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Murder (2 of 2)
• Multiple murders
– Spree killings: killings at two or more locations
with almost no time break between murders
– Mass murder: killing four or more victims at one
location, within one event
– Serial murder: killing several victims in three or
more separate events
• Murder has the highest clearance rate of any major
crime

Rights Reserved
Rape
• Unlawful sexual intercourse achieved through force
and without consent
• U C R definition changed in 2012 to be gender-
neutral
• Statistics include attempted rape by force or threat
of force, but not statutory rape
• Least reported of all violent crimes
• Most rapes committed by someone known to the
victim
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Robbery
• The unlawful taking or attempted taking of
property that is in the immediate possession of
another by force or violence and/or by putting the
victim in fear
• Strong-arm robbery occurs through intimidation,
rather than with a weapon

• Street/highway robbery occurs outdoors
• Most common targets are individuals
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Figure 2.5 Robbery Types, 2017
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Aggravated Assault
• Two types of assaults
– Simple (misdemeanor)
– Aggravated (felony)—involves weapon or victim
requires medical assistance
• Mostly committed using blunt objects or with hands, feet,
and fists
• Assailants often known to victims, making this crime
relatively easy to solve
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Burglary
• The unlawful entry of a structure to commit a felony or
theft
• Considered a property crime although it may involve
personal confrontation
• U C R/N I B R S uses three classifications
– Forcible entry
– Unlawful entry where no force is used
– Attempted forcible entry
• Clearance rate low
Rights Reserved
Larceny-Theft
• The unlawful taking or attempted taking of property from
the possession of another
• Most frequently reported Part I offense
• May be the most underreported crime category because
small thefts rarely come to the attention of the police

Rights Reserved
Figure 2.7 Larceny-Theft Distribution,
2017
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Identity Fraud: A New Kind of
Larceny
• Involves obtaining credit, merchandise, or services
by fraudulent personal representation
• Fastest-growing type of crime in America
• Became a federal crime in 1998 with the passage
of the Identity Theft and Assumption Deterrence
Act
• May be perpetrated through the use of high
technology
Rights Reserved
Motor Vehicle Theft
• The theft or attempted theft of a motor vehicle,
which includes any self-propelled vehicle that runs
on land and not on rails

• Very highly reported because insurance companies
usually require police reports before reimbursing
car owners
• Low clearance rate
• Carjacking involves violence
Rights Reserved
Arson
• Any willful or malicious burning, with or without
intent to defraud, a dwelling, public building, motor
vehicle, etc.
• Not all agencies submit arson data and many
provide incomplete information
• Arson data only includes fires known to have been
willfully or maliciously set
• Clearance rate low
Rights Reserved
Part II Offenses
• Part II offenses are generally less serious than Part I

offenses
• Include a number of social-order (“victimless”)
crimes
• U C R statistics only include recorded arrests, not
crimes reported to the police
Rights Reserved
Table 2.3 U C R/N I B R S Part II Offenses, 2017
Offense Category Number of Arrests
Simple assaults 1,062,370
Forgery and counterfeiting 55,604
Fraud 124,232
Embezzlement 15,967
Stolen property (e.g., receiving) 98,660
Vandalism 188,350
Weapons (e.g., carrying) 164,984
Prostitution and related offenses 36,248
Sex offenses (e.g., statutory rape) 48,525
Drug-abuse violations 1,632,921

Gambling 3,237
Offenses against the family (e.g., nonsupport) 94,062
Driving under the influence 990,678
Liquor-law violations 207,332
Public drunkenness 366,824
Disorderly conduct 353,151
Vagrancy 23,321
Curfew violations/loitering 30,131
Source: Federal Bureau of Investigation, Crime in the United
States, 2017 (Washington, D.C.: U.S. Department of Justice,
2018).
Rights Reserved
The National Crime Victimization
Survey (1 of 2)
• Based on victim self-reports
• First conducted in 1972
• Designed to uncover information on the dark figure of
crime—crimes that are not reported to the police and that
are unknown to officials

• Early victim self-report data showed that crimes of all
types were more prevalent that U C R statistics indicated
Rights Reserved
The National Crime Victimization
Survey (2 of 2)
• Involves a survey of a nationally representative sample of
about 90,000 households
• Only individuals aged 12+ are interviewed
• Collects data on crimes against individuals and
households
• Includes data on rape, sexual assault, robbery, assault,
burglary, personal and household larceny, motor vehicle
theft—definitions similar to those used by U C R/N I B R S
Rights Reserved
Comparisons of the U C R and the
N C V S (1 of 2)
• Difficulties with U C R/N I B R S Program
– Not all victims report crime
– Some crime types rarely reported
– High-tech and computer crime may be

underrepresented
– Victim reports may be inaccurate
– Reports filtered through multiple levels
– Only include data that creators consider appropriate
Rights Reserved
Comparisons of the U C R and the
N C V S (2 of 2)
• Difficulties with N C V S
– Responses subjective, respondents provide personal
interpretations
– Some victims less willing to respond
– Victims may be afraid to respond or may invent
victimizations
– No attempt to validate information against police
records or other sources
– Only includes data creators consider appropriate
Rights Reserved
Special Categories of Crime

• Crime Typology
– A classification of crimes along a particular dimension
– Used in the study and description of criminal behavior
– Social relevance is a central distinguishing feature of
any meaningful typology
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Crime against Women
• Women less frequently victimized in all personal crime
categories except rape
– Women more likely to be injured during violent
victimization
– More likely to modify the way they life because of
threat of crime
• Major issues include date rape, familial incest, spousal
abuse, stalking, and exploitation through social-order
offenses such as prostitution and pornography
Rights Reserved
The Violence against Women Act
(1 of 2)

• Title IV of the Violent Crime Control and Law Enforcement
Act of 1994
• Increased federal penalties for repeat sex offenders,
requires mandatory restitution for sex crimes
• Provided grants to combat violent crimes against women
• Creation of hotlines, information, training programs for
professionals providing assistance to victims of sexual
assault
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The Violence against Women Act
(2 of 2)
• Increased grants for battered women’s shelters
• Encouraged arrest in cases of domestic violence
• Provided for creation of national domestic-violence hotline
• Recent reauthorizations included new provisions
– Protections for prospective foreign brides immigrating
to the United States
– Protections for gay, lesbian, bisexual, and transgender
Americans

Rights Reserved
Crime against the Elderly
• Criminal victimization declines with age
• Older people (65+) generally experience the lowest rate of
victimization of any age group
• The elderly face special kinds of victimization that rarely
affect younger adults
– Risk of abuse and neglect by caregivers
– More often targeted by con artists
Rights Reserved
Hate Crime
• A criminal offense motivated by the offender’s bias against
a race, religion, disability, sexual orientation, or
ethnicity/national origin
• Most common motivation is racial bias, most common
offense is intimidation
• Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (2010)—expanded federal definition to
include crimes based on gender identity or disability
• Sometimes called “bias crimes”

Rights Reserved
Figure 2.8 Motivation of Hate-Crime Offenders, 2017
Rights Reserved
Corporate and White-Collar Crime
(1 of 2)
• Identification doctrine
– Corporations can be treated as separate legal
entities and convicted of crimes
• Corporate crime:
– A violation of criminal statute by a corporate
entity or by its executives, employees, or
agents for the benefit of the corporation
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Corporate and White-Collar Crime
(2 of 2)
• White-collar crime
– Financially motivated nonviolent crime

committed by business and government
professionals
• Sarbanes–Oxley Act (2002)
– Federal law creating tough provisions designed
to deter and punish corporate fraud and
corruption
Rights Reserved
Organized Crime
• Organized crime
– The unlawful activities of the members of a
highly organized, disciplined association
engaged in supplying illegal goods or services
• Transnational organized crime
– Unlawful activity undertaken and supported by
organized criminal groups operating across
national boundaries
Rights Reserved
Gun Crime

• Supreme Court has come down in support of the
Second Amendment right to bear arms
• Legislation restricting gun ownership
– 1993 Brady Handgun Violence Prevention Act
– 1994 Violent Crime Control and Law
Enforcement Act
– 1996 Domestic Violence Offender Gun Ban
– 2004 Protection of Lawful Commerce in Firearms
Act
Rights Reserved
Drug Crime
• Drug crimes continued to rise in early twenty-first
century while rates of other crimes decreased
• Increasing arrests led to significant growth in prison
populations
• Opioid abuse has been declared a national public
health emergency
• Drug abuse linked to other serious crimes
• Legalization of medical marijuana

Rights Reserved
Figure 2.9 Americans’ Views on
Legalizing Marijuana
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Cybercrime
• Crimes committed using computers and computer
technology
• Many computer crimes are traditional offenses that
use technology, rather than new forms of offending
• Key concerns include malware such as computer
viruses, spam, and phishing
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Terrorism
• A violent act or an act dangerous to human life in
violation of the criminal laws of the United States
or of any state, committed to intimidate or coerce a
government, the civilian population, or any
segment thereof in furtherance of political or social
objectives
• Became a primary concern after the attacks on

September 11, 2001
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Types of Terrorism
• Domestic terrorism
– Offenders based within the United States, acts
directed against U. S. government or population
• International terrorism
– Offenders have connection with foreign power
or activities transcend national boundaries
• Cyberterrorism
– Using high technology to plan and carry out
terrorist attacks
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Organization and Scope of Terrorist
Groups
• Top tier groups: groups like ISIS, al-Qaeda
• Middle tier groups—most complex, includes small groups
with ties to an established terrorist organization but are

largely self-directed
• Bottom tier groups—homegrown extremists
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Crime in International Context
• Criminal activity has become big business around
the world
• Transnational offenses
– Unlawful activity that occurs across national
boundaries
– Includes drug running, human trafficking and
smuggling, cybercrime, money laundering, and
more “traditional” forms of crime
Rights Reserved
Copyright
Criminal Justice: A Brief IntroductionCrime Data and Social
PolicyThe Collection of Crime DataFigure 2.1The Criminal
Justice FunnelDevelopment of the U C R Program (1 of
2)Development of the U C R Program (2 of 2)Slide 7Slide
8Slide 9Slide 10Historical Trends (1 of 4)Historical Trends (2
of 4)Historical Trends (3 of 4)Historical Trends (4 of 4)U C
R/N I B R S in Transition (1 of 2)U C R/N I B R S in Transition

(2 of 2)Slide 17Table 2.2 Major Crimes Known to the Police,
2017Murder (1 of 2)Murder (2 of 2)RapeRobberyFigure 2.5
Robbery Types, 2017Aggravated AssaultBurglaryLarceny-
TheftFigure 2.7 Larceny-Theft Distribution, 2017Identity Fraud:
A New Kind of LarcenyMotor Vehicle TheftArsonPart II
OffensesTable 2.3 U C R/N I B R S Part II Offenses, 2017The
National Crime Victimization Survey (1 of 2)The National
Crime Victimization Survey (2 of 2)Comparisons of the U C R
and the N C V S (1 of 2)Comparisons of the U C R and the N C
V S (2 of 2)Special Categories of CrimeCrime against
WomenThe Violence against Women Act (1 of 2)The Violence
against Women Act (2 of 2)Crime against the ElderlyHate
CrimeFigure 2.8 Motivation of Hate-Crime Offenders,
2017Corporate and White-Collar Crime (1 of 2)Corporate and
White-Collar Crime (2 of 2)Organized CrimeGun CrimeDrug
CrimeFigure 2.9 Americans’ Views on Legalizing
MarijuanaCybercrimeTerrorismTypes of TerrorismOrganization
and Scope of Terrorist GroupsCrime in International
ContextCopyright
Thirteenth Edition
Chapter 3
Criminal Law
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The Nature and Purpose of Law (1 of 2)
• Law
– A rule of conduct, generally found enacted in
the form of a statute, that proscribes or
mandates certain forms of behavior
• Laws regulate relationships between people and
between parties
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The Nature and Purpose of Law (2 of 2)
• Statutory law—the “law on the books,” written or
codified law resulting from legislative action
• Penal code—the written form of the criminal law.
• Case law—law resulting from judicial decisions.
• Common law—traditional body of law originating
from usage and custom rather than from written
statutes
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Table 3.1 What Do Laws Do?

• Laws maintain order in society.
• Laws regulate human interaction.
• Laws enforce moral beliefs.
• Laws define the economic environment.
• Laws enhance predictability.
• Laws support the powerful.
• Laws promote orderly social change.
• Laws sustain individual rights.
• Laws redress wrongs.
• Laws identify wrongdoers.
• Laws mandate punishment and retribution.
Rights Reserved
The Rule of Law (1 of 2)
• The belief that an orderly society must be governed by
established principles and known codes that are applied
uniformly and fairly to all of its members
• No one is above the law; those who make or enforce the
law must also abide by it

• Sometimes referred to as the supremacy of law
• Jurisprudence-the philosophy of law, the science and study
of the law, including the rule of law
Rights Reserved
The Rule of Law (2 of 2)
• Key elements of the rule of law:
– Freedom from private lawlessness
– High degree of objectivity in formulating legal
norms and evenhandedness in their application
– Legal ideas/devices for attaining individual and
group objectives within bounds of ordered
liberty
– Substantive and procedural limitations on
governmental power
Rights Reserved
Criminal Law
• The body of rules and regulations that define and
specify the nature of and punishments for offenses
of a public nature or for wrongs committed against
the state or society

• Also called penal law
• Includes statutory (written law) and case law
Rights Reserved
Statutory Law
• Substantive criminal law
– The part of the law that defines crimes and
specifies punishments
• Procedural law
– The part of the law that specifies the methods
to be used in enforcing substantive law
– Balance suspect’s rights against the state’s
interests in the speedy and efficient processing
of defendants
Rights Reserved
Civil Law (1 of 2)
• Governs relationships between and among parties
• Includes rules for contracts, divorces, child support

and custody, wills, libel, etc.
• Civil suits typically seek compensation, not
punishment
Rights Reserved
Civil Law (2 of 2)
• Violation of civil law is not a crime
• May be a contract violation or a tort
– Tort—a wrongful act, damage, or injury not
involving a breach of contract (personal wrong,
not a crime)
• Parties to a civil suit
– Plaintiff: Seeks relief
– Defendant: Against whom relief is sought
Rights Reserved
Administrative Law
• Body of regulations governments create to control
the activities of industries, businesses, and
individuals
• Includes tax laws, health codes, vehicle

registration laws
• Most breaches of administrative law are not
crimes, but criminal law and administrative
regulations may overlap
Rights Reserved
Case Law
• Law of precedent, comes from judicial decisions
• Precedent
– A legal principle that ensures that previous
judicial decisions are authoritatively considered
and incorporated into future cases
• Stare decisis
– A legal principle that requires that in
subsequent cases on similar issues of law and
fact, courts be bound by their own earlier
decisions and by those of higher courts having
jurisdiction over them
Rights Reserved
Felonies

• A criminal offense punishable by death or by incarceration
in a prison facility for at least one year
• Serious crimes such as murder, rape, aggravated assault,
robbery, burglary, and arson
• Convicted felons typically lose certain privileges upon
release from prison
Rights Reserved
Misdemeanors
• An offense punishable by incarceration, usually in a
local confinement facility, for a period whose upper
limit is prescribed by statute in a given jurisdiction,
typically one year or less
• Relative minor crimes such as petty theft, simple
assault, breaking and entering, disturbing the
peace, etc.
• Most offenders receive suspended sentences
involving a fine and supervised probation
Rights Reserved
Infractions
• A minor violation of state statute or local ordinance

punishable by a fine or other penalty or by a
specified, usually limited, term of incarceration
• Typically includes things like jaywalking, spitting on
the sidewalk, littering, and certain traffic offenses
• Offenders are normally ticketed and released
Rights Reserved
Treason
• A U.S. citizen’s actions to help a foreign
government overthrow, make war against, or
seriously injure the United States
• The attempt to overthrow the government of the
society of which one is a member
Rights Reserved
Espionage
• The “gathering, transmitting, or losing” of
information related to the national defense in a
manner that the information becomes available to
enemies of the United States and may be used to
their advantage
• The key difference between treason and espionage

is that espionage may be committed by non-U. S.
citizens
Rights Reserved
Inchoate Offenses
• An incomplete offense—one that has not been fully
carried out
• An offense that consists of an action or conduct
that is a step toward the intended commission of
another offense
• Includes conspiracies and attempts to commit a
crime
Rights Reserved
General Features of Crime
• The essence of crime consists of three conjoined
elements
– Actus reus
– Mens rea
– Concurrence

Rights Reserved
Figure 3.3 Features of a Crime
Rights Reserved
The Criminal Act (Actus Reus)
• “Guilty act”
• Person must commit a voluntary act for it to be
considered a crime
• To be something is not a crime; to do something
may be.
– An omission to act can be a crime
– Threatening to act can be a crime
– Conspiracy can be a crime
Rights Reserved
A Guilty Mind (Mens Rea) (1 of 5)
• The state of mind that accompanies a criminal act;
the defendant’s mental state at the time of the
crime
• Types or levels of mens rea

– Purposeful or intentional
– Knowing
– Reckless
– Negligent
Rights Reserved
• Purposeful or intentional action
– Undertaken to achieve some goal
– Transferred intent—if harm resulting from an
intentional action is unintended, criminal
liability is not reduced
• Knowing behavior
– Undertaken with awareness, although the
intended purpose of acting in a knowingly
criminal way may not be criminal intent
– Involves near certainty
Rights Reserved
• Reckless behavior
– An activity that increases the risk of harm

– Lacks the certainty of knowing behavior
• Criminal negligence
– A behavior in which a person fails to reasonably
perceive substantial and unjustifiable risks of
dangerous consequences
– No negative consequences need to be intended
Rights Reserved
• Mens rea is not the same thing as motive
• Motive
– A person’s reason for committing a crime
– Motive is not an essential element of a crime
• Mens rea must generally be inferred from a
person’s actions and from all circumstances
Rights Reserved
• Strict liability crimes do not require mens rea
– Also called absolute liability offenses
– Make it a crime simply to do something, even if

there is no intent to violate the law
– Routine traffic offenses, statutory rape
Rights Reserved
Concurrence
• Requires that the act and the mental state occur
together in order for a crime to take place
• If one occurs before the other, the requirements of
the criminal law have not been met
Rights Reserved
Other Features of Crime (1 of 3)
• Causation
– The concurrence of a guilty mind and a criminal
act may cause harm
– Legal cause—must be demonstrated in court to
hold an individual criminally liable for causing
harm
• Harm
– Harm occurs in all crimes but not all harms are

crimes
– Harm subsumed under notion of guilty act in a
criminal prosecution
Rights Reserved
• Legality
– A behavior cannot be criminal if no law exists
that defines it as such
– Ex post facto laws (“after the fact”) are not
binding
their creation
• Punishment
– No crime can be said to occur where
punishment has not been specified in the law
Rights Reserved
• Necessary attendant circumstances

– The facts surrounding an event
– Additional elements that must be present for a
conviction to be obtained
– May increase the degree, or level of
seriousness, of an offense
Rights Reserved
Elements of a Specific Criminal
Offense
• Element of a crime
– In a specific crime, one of the essential features
of that crime, as specified by law or statute
• Elements of first-degree murder
– Unlawful killing
– Of a human being
– Intentionally
– With planning (or “malice aforethought”)
Rights Reserved
The Corpus Delicti of a Crime
• “The body of the crime” or the facts that show that
a crime has occurred

• A person cannot be tried for a crime until it has
been shown the crime occurred
• Two key aspects:
– A certain result has been produced
– A person is criminally responsible for its
production
• The identity of the perpetrator is not an element of
the corpus delicti of an offense
Rights Reserved
Figure 3.4 Body of Crime
Rights Reserved
Types of Defenses to a Criminal
Charge
• Defense
– Evidence and arguments offered by the
defendant to show why he or she should not be
held liable for a criminal charge
• Four categories of defenses
– Alibi

– Justification
– Excuse
– Procedural defenses
Rights Reserved
Alibi
• The claim that the defendant could not have
committed the crime because he or she was
elsewhere at the time
• Based upon the premise that the defendant is truly
innocent
• Denies that the defendant committed the crime
• Best supported by witnesses and documentation
Rights Reserved
Justifications (1 of 6)
• The defendant admits to committing the act but
claims that it was necessary to avoid some greater
evil
• Claiming a moral high ground
• Conduct that a person believes is necessary to

avoid harm to himself or herself is justifiable if the
harm the person is trying to avoid is greater than
the harm that may be caused by his or her conduct
Rights Reserved
• Self-defense
– The defendant needed to inflict harm on
another to ensure his or her own safety in the
face of near-certain injury or death
– Amount of defensive force must be proportional
to that being faced
– Reasonable force
given situation and that is not excessive
Rights Reserved
• Defense of others
– Extension of self-defense to the use of
reasonable force to defend others

– Alter ego rule
circumstances, and only to the degree that
the third party could legally act on his or her
own behalf
Rights Reserved
• Defense of home and property
– Most jurisdictions allow property owners to use
reasonable nondeadly force to protect property
– Castle exception: There is no duty to retreat
from one’s own home in the face of an
immediate threat, even if retreat is possible,
before using deadly force to protect the home
Rights Reserved
• Necessity
– The claim that some illegal action was needed to
prevent an even greater harm
– A useful defense in cases that do not involve

serious bodily harm.
• Consent
– Defense that claims that whatever harm was
done occurred only after the injured person gave
his or her permission for the behavior in
question
Rights Reserved
• Resisting unlawful arrest
– Resisting arrest is a crime in all jurisdictions
– Resistance may be justifiable, especially if the
arresting officer uses excessive force
– Laws generally say that a person may use a
reasonable amount of force, other than deadly
force, to resist arrest or an unlawful search if the
officer uses greater than necessary force
Rights Reserved
Excuses (1 of 11)
• Defenses claiming that the individual engaging in

the unlawful behavior was, at the time, not legally
responsible for his or her actions and should not be
held accountable under the law
• Criminal liability may be negated on the basis of
some personal disability the individual has or some
special circumstances characterizing the situation
Rights Reserved
Excuses (2 of 11)
• Duress
– Any unlawful threat or coercion used by a
person to act (or refrain from acting) in a
manner he or she otherwise would not (or
would)
– Generally not a useful defense when the crime
involves serious physical harm
• Age
– In most jurisdictions, children below age 7
cannot be charged even with juvenile offenses
Rights Reserved
Excuses (3 of 11)

• Mistake
– Mistake of law is rarely an acceptable defense
(“Ignorance of the law is no defense”)
– Mistake of fact may be a useful defense
• Involuntary intoxication
– The claim that the person was tricked into
consuming an intoxicating substance, which
created an altered mental condition
– Voluntary intoxication is rarely a defense
Rights Reserved
Excuses (4 of 11)
• Unconsciousness
– An individual cannot be held responsible for
anything he or she does while unconscious
– Rarely used
• Provocation
– A person can be emotionally enraged by
another who intends to elicit this reaction
– Generally more acceptable in minor offenses

Rights Reserved
Excuses (5 of 11)
• Insanity
– Insanity is a legal concept, not a medical one
– Defense based on claims of mental illness or
mental incapacity
– Rarely used and even more rarely successful
Rights Reserved
Excuses (6 of 11)
• M’Naghten Rule—did the defendant know what he
or she was doing or that the behavior was wrong
• Irresistible Impulse—defendant unable to stop
doing what he or she knew was wrong
• Durham Rule—a person is not criminally
responsible if his or her actions resulted from
mental disease or defect
• Substantial-Capacity Test—defendant lacked the
mental capacity to understand the wrongfulness of
his act or conform his behavior to the requirements
of law

Rights Reserved
Excuses (7 of 11)
• Difficulties with the insanity defense
– Psychiatric testimony is expensive and expert
witnesses often contradict each other
– Society often not satisfied that justice is served
when findings of “not guilty due to insanity” are
made
• Four states have barred the use of the insanity
defense (Kansas, Montana, Idaho, Utah)
Rights Reserved
Excuses (8 of 11)
• Guilty but mentally ill verdict (G B M I)
– Some states use “guilty but insane” finding
– A verdict, equivalent to a finding of “guilty” that
establishes that the defendant, although
mentally ill, was in sufficient possession of his
or her faculties to be morally blameworthy for
his or her acts
– Judge may impose any sentence possible under
the law but usually also mandates psychiatric
treatment

Rights Reserved
Excuses (9 of 11)
• Temporary insanity
– The offender claims to have been insane only at
the time of the crime
• The insanity defense under federal law
– Insanity Defense Reform Act (1984) uses a
definition of insanity similar to that used in
M’Naghten
– Places the burden of proving insanity defense
on the defendant
Rights Reserved
Excuses (10 of 11)
• The consequences of an insanity ruling
– Judge may order the defendant to undergo
psychiatric treatment until “cured”
– Defendants may spend more time in a
psychiatric institution than would have been

spent in prison
• Diminished capacity
– A defense claiming a mental condition that may
be insufficient to exonerate the defendant but
that may be relevant to specific mental
elements of a crime
– Abolished in some states
Rights Reserved
Excuses (11 of 11)
• Mental incompetence
– Refers to the defendant’s condition immediately
before prosecution
– Incompetent to stand trial
incapable of understanding the nature of the
proceedings, of consulting with an attorney,
and of aiding in his or her own defense
Rights Reserved
Procedural Defenses (1 of 5)

• Procedural defenses claim that the defendant was
in some manner discriminated against in the
justice process
• May also claim that some important aspect of
official procedure was not properly followed
Rights Reserved
• Entrapment
– An improper or illegal inducement to crime by
agents of law enforcement
– Agents created a crime where there otherwise
would have been none
• Double jeopardy
– Prohibits a second trial for the same offense
– Does not apply in cases of trial error (hung jury,
etc.)
– Does not prevent someone from being tried in
both civil and criminal court
Rights Reserved

• Collateral estoppel
– Facts that have been determined by a “valid
and final judgment” cannot become the object
of new litigation
• Selective prosecution
– 14th Amendment guarantees equal protection of
the laws
– Defense may apply if several individuals are
suspected of a crime but not all are actively
prosecuted
Rights Reserved
• Denial of a speedy trial
– 6th Amendment guarantees the right to a
speedy trial
– State/federal laws define time limits necessary
for a trial to be “speedy”
– Does not include delays resulting from requests
by the defense
– If the legal time limit is exceeded, the

defendant must be released and no trial can
occur
Rights Reserved
• Prosecutorial misconduct
– Actions by prosecutors that give the
government an unfair advantage or prejudice
the rights of a defendant or witness
• Police fraud
– Defense available to defendants victimized by
the police through planted evidence, fabrication
of facts, false arrests
Rights Reserved
Copyright
Criminal Justice: A Brief IntroductionThe Nature and Purpose
of Law (1 of 2)The Nature and Purpose of Law (2 of 2)Table 3.1
What Do Laws Do?The Rule of Law (1 of 2)The Rule of Law (2
of 2)Criminal LawStatutory LawCivil Law (1 of 2)Civil Law (2
of 2)Administrative LawCase
LawFeloniesMisdemeanorsInfractionsTreasonEspionageInchoate
OffensesGeneral Features of CrimeFigure 3.3 Features of a
CrimeThe Criminal Act (Actus Reus)A Guilty Mind (Mens Rea)

(1 of 5)A Guilty Mind (Mens Rea) (2 of 5)A Guilty Mind (Mens
Rea) (3 of 5)A Guilty Mind (Mens Rea) (4 of 5)A Guilty Mind
(Mens Rea) (5 of 5)ConcurrenceOther Features of Crime (1 of
3)Other Features of Crime (2 of 3)Other Features of Crime (3 of
3)Elements of a Specific Criminal OffenseThe Corpus Delicti of
a CrimeFigure 3.4 Body of CrimeTypes of Defenses to a
Criminal ChargeAlibiJustifications (1 of 6)Justifications (2 of
6)Justifications (3 of 6)Justifications (4 of 6)Justifications (5 of
6)Justifications (6 of 6)Excuses (1 of 11)Excuses (2 of
11)Excuses (3 of 11)Excuses (4 of 11)Excuses (5 of 11)Excuses
(6 of 11)Excuses (7 of 11)Excuses (8 of 11)Excuses (9 of
11)Excuses (10 of 11)Excuses (11 of 11)Procedural Defenses (1
of 5)Procedural Defenses (2 of 5)Procedural Defenses (3 of
5)Procedural Defenses (4 of 5)Procedural Defenses (5 of
5)Copyright
Thirteenth Edition
Chapter 6
Policing: Issues and
Challenges
Rights Reserved
Rights Reserved
Police Personality and Culture (1 of 3)
• Police subculture

– A particular set of values, beliefs, and
acceptable forms of behavior with which the
police profession strives to imbue new recruits
• Process of informal socialization plays a bigger role
than the formal police academy training
– Officers gain a shared “streetwise” view of the
world
Rights Reserved
• Police working personality (Jerome Skolnick)
– All aspects of the traditional values and patterns
of behavior evidenced by police officers who
have been effectively socialized in the police
subculture
• Characteristics such as being authoritarian and
suspicious are essential for police survival and
effectiveness
• Other characteristics are less advantageous
(cynicism, hostility, etc.)
Rights Reserved

• There are at least two sources of police personality:
– Components may already exist in some people,
drawing them toward policing
– Some aspects can be attributed to the
socialization into the police subculture rookie
officers experienced when they are inducted
into police ranks
• Research suggests police subculture is stable and
unlikely to change from within
• Can be significantly influenced by strong and
effective leadership or by external pressures
Rights Reserved
Table 6.1 Characteristics of the Police
Personality
Authoritarian Blank Blank Blank
Honorable Cynical Secret Efficient
Insecure Loyal Individualistic Dogmatic
Suspicious Hostile Conservative Prejudiced

Rights Reserved
Corruption and Integrity (1 of 3)
• Police corruption
– The abuse of police authority for personal or
organizational gain
• Policing has many opportunities for misconduct
• Effects of corruption can be far-reaching
• Not always clear what constitutes corruption
– Ranges from minor offenses to serious violations
of the law
– “Slippery slope”
Rights Reserved
• Occupational deviance
– Motivated by the desire for personal benefit
• Abuse of authority
– Occurs to further the organizational goals of law
enforcement

Rights Reserved
• Knapp Commission investigated corruption in New
York City in the early 1970s
• Distinguished between two types of corrupt officers
– Grass eaters
▪ Most common, involves minor illegitimate
activity that occurs from time to time in the
normal course of police work
– Meat eaters
▪ More serious, involves actively seeking illicit
opportunities
Rights Reserved
Figure 6.1 Types and Examples of Police Corruption
Rights Reserved
Money—The Root of Police Evil?
• Low police pay may create monetary pressures

toward corruption
• Moral dilemma produced by unenforceable laws
that provide the basis for criminal profit
Rights Reserved
Building Police Integrity (1 of 2)
• Difficult to control corruption
– Reluctance of officers to report corrupt activities
– Reluctance of administrators to acknowledge
the existence of corruption
– Benefits of corrupt transactions
– Lack of victims willing to report corruption
Rights Reserved
Building Police Integrity (2 of 2)
• Ethics training
• Emphasis on integrity to target police corruption
• Law Enforcement Oath of Honor
• Law Enforcement Code of Ethics

Criminal Justice A Brief IntroductionThirteenth Edition

Criminal Justice A Brief IntroductionThirteenth Edition

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