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 Brief Contents

Chapter 1 Introducing Crime and Criminal Justice 4

Unit I: Perspectives on Law 37

Chapter 2 Concepts of Law and Morality 42
Chapter 3 Concepts of Legal Philosophy 67

Unit II: Perspectives on Deviance and Crime 95

Chapter 4 Deviance and Social Control 99
Chapter 5 Deviance and Criminal Behavior 123

Unit III: Perspectives on Justice 149

Chapter 6 Concepts of Justice 154
Chapter 7 Concepts of Justice Policy 181
Chapter 8 Concepts of Criminal Procedure 209

Unit IV: Penal Social Control 237

Chapter 9 Criminal Law 241
Chapter 10 Criminal Punishment 270

Unit V: Overview of Criminal Justice Institutions 297

Chapter 11 Core Concepts of U.S. Policing 302
Chapter 12 Core Concepts of U.S. Court Systems 332
Chapter 13 Core Concepts of U.S. Correctional Theory and Practice 361

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 Contents
Preface xv
Photo Essay: Policing Intimate Partner Violence 1

Chapter 1 Introducing Crime and Criminal Justice 4

Case Study: How Would You Spend $10 Million? 5
Introducing Criminal Justice 6
Perspectives on Criminal Justice 9
Criminal Justice as System 9
Criminal Justice as Profession 10
Criminal Justice as Bureaucracy 12
Criminal Justice as Moral Agent 15
Criminal Justice as Academic Discipline 16
Applying the Five Perspectives: Police Use of Deadly Force 18
Defining Crime 18
What Crime is 19
What Crime is Not 20
The Extent of Crime 22
Official Crime Data 22
Other Sources of Crime Data 26
Crime Data: Trade-offs and Politics 28
Looking Ahead 29
Conclusion 29
Criminal Justice Problem Solving: DNA Evidence 31
Chapter 1 Appendix: The Criminal Justice System 32

Unit I: Perspectives on Law 37

Photo Essay: Morality and the Law 38

Chapter 2 Concepts of Law and Morality 42

Case Study: Justice on Lover’s Lane 43
Criminal Justice and Society 44
Choosing Strategies and Tactics 46
Strategies 47
Tactics 48
Criminal Justice: Popular Conceptions versus Academic Scholarship 48
Morality and Justice Studies 52
Kohlberg’s Moral Stages 53
Three Tendencies of Idealists and Pragmatists 56
Harmony 57

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 CONTENTS ix

Truth 58
The Mind/Body Relationship 59
Five Concepts of Morality 61
Knowledge 61
Self 61
The Nature of a Deity 62
Universe 63
Death 63
Applying Philosophy and Morality to Criminal Justice 64
Conclusion 65
Criminal Justice Problem Solving: Alcohol Policy 66

Chapter 3 Concepts of Legal Philosophy 67

Case Study: Working the Corner 68
Studying Approaches to the Law 69
Principles and Rules in Criminal Justice 69
Analyzing the Law 72
Patrick Devlin’s Legal Moralism 75
Devlin and the Six Concepts of Law 76
H. L. A. Hart’s Legal Positivism 78
Hart and the Six Concepts of Law 80
Other Schools of Legal Philosophy 83
Theories of Legal Idealism 83
Legal Naturalism 85
Rights and Interpretive Jurisprudence 86
Critical Theories of Law 87
Legal Paternalism 89
Theories of Legal Pragmatism 90
Legal Realism 90
Everyday Pragmatism 92
Conclusion 92
Criminal Justice Problem Solving: Nudist Camps 93

Unit II: Perspectives on Deviance and Crime 95

Photo Essay: What Behaviors Are Deviant? 96

Chapter 4 Deviance and Social Control 99

Case Study: A Crime of Fantasy? 100
An Overview of Deviance 101
Norms 101
Socialization 102
The Social Control of Deviance 104
Informal versus Formal Social Control 104
Agents of Social Control 105
Styles of Social Control 107
The Medicalization of Deviance 108
Medicalization and Criminal Responsibility 110
Consequences of Medicalization 114

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 x Contents

Therapeutic Social Control and Public Policy 116

Vindication and Putative Backlash 117
Other Consequences of Shifts in the Style of Social Control 118
Conclusion 120
Criminal Justice Problem Solving: Gun Control and Mental Illness 121

Chapter 5 Deviance and Criminal Behavior 123

Case Study: The Case of Carl Panzram 124
Conceptualizing Deviance 125
Crime, Sin, and Taste as Forms of Deviance 127
Deviance in Society 129
Some Explanations of Criminal Deviance 130
Historical Perspectives on Criminology 131
Modern Biological Perspectives on Crime and Criminality 133
The Classical School of Criminology 134
Psychological Theories of Crime and Criminality 137
Psychodynamic Theories 137
Differential Association 137
Techniques of Neutralization 138
Personality and Crime 139
Sociocultural Theories of Crime and Criminality 140
Social Disorganization Theory 140
Strain Theory 141
Delinquent Subcultures 142
Social Control Theory 142
Labeling Theory 143
Conflict Criminology 144
The Study of Deviance in Criminal Justice 145
Conclusion 147
Criminal Justice Problem Solving: Youth Gangs 148

Unit III: Perspectives on Justice 149

Photo Essay: Justice, Privacy, and Enforcement 150

Chapter 6 Concepts of Justice 154

Case Study: Sexting 155
Justice: Fact or Fiction? 157
The Justice in Criminal Justice 160
Vigilante Justice 161
Transitional Justice 162
Ideological Justice 163
Discourse Perspective Justice 164
Postmodern Justice 165
A Focus on Distributive Justice 166
A Classic Approach: Aristotle’s Commutative Justice 166
An Economic Approach: Bentham’s Utilitarian Justice 166
A Belief in Punishment: Retributive Justice 167
Everyone Is Due Something: Restorative Justice 167
But Is It Fair? Rawls on Justice 168

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 Contents xi

Individual and Community Interests in Distributive Justice 171

Mechanical Criminal Justice 172
Authoritarian Criminal Justice 174
Compassionate Criminal Justice 174
Participatory Criminal Justice 175
Toward Justice 176
Conclusion 178
Criminal Justice Problem Solving: Justice Reinvestment 179

Chapter 7 Concepts of Justice Policy 181

Case Study: The Quagmire of State Marijuana Policy 182
Criminal Justice and Civil Justice 183
Criminal Justice 184
Civil Justice 185
Social Justice and American Values 189
American Political Culture 192
The Development of Criminal Justice Policy 195
Stability and Change in Public Policy 195
Federalism 196
State and Federal Policy 197
Separation of Powers 198
Themes in American Criminal Justice Policy Development 199
Forces Shaping Criminal Justice Policy 202
Mass Media 203
Interest Groups 205
Politics and Politicians 205
Bureaucrats 206
Conclusion 207
Criminal Justice Problem Solving: Preschool Crime Prevention 208

Chapter 8 Concepts of Criminal Procedure 209

Case Study: When Are Dog Sniffs “Searches”? 210
Concepts of Procedural Justice 211
Three Philosophical Models of Procedural Justice 211
Social Psychological Factors 213
Two Models of the Criminal Process 214
Procedural Justice in the Original U.S. Constitution 215
Habeas Corpus 216
Bills of Attainder 216
Ex Post Facto Laws 217
Trial by Jury 217
Trial for Treason 217
Procedural Justice in the Amendments to the U.S. Constitution 218
The Fourth Amendment 218
The Fifth Amendment 226
The Sixth Amendment 229
The Fourteenth Amendment 231
The Exclusionary Rule 232
Conclusion 234
Criminal Justice Problem Solving: Surveillance and Technology 235

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 xii Contents

Unit IV: Penal Social Control 237

Photo Essay: Bullying 238

Chapter 9 Criminal Law 241

Case Study: Copyright Infringement 242
The History of Criminal Law 242
Criminal Law in Ancient Civilizations 243
Criminal Law in Ancient Greece and Rome 243
Criminal Law Changes in Early Christendom 244
Criminal Law in Early England 245
From English Common Law to Modern Penal Laws 246
Common Elements of Modern Criminal Law 246
Actus Reus 246
Mens Rea 247
Attendant Circumstances 249
Causation of Result 250
Types of Crimes 251
Defenses to Crimes 256
Constitutional Limitations on Criminalization 260
The First Amendment 261
The Second Amendment 264
The Fourteenth Amendment: Due Process and Equal Protection Concerns 265
Conclusion 267
Criminal Justice Problem Solving: Zero-Tolerance Policies 268

Chapter 10 Criminal Punishment 270

Case Study: Three Strikes Laws 271
Conceptualizing Punishment 272
Justifications for Criminal Punishment 274
Retribution 274
Deterrence 276
Incapacitation 278
Rehabilitation 279
Restitution and Restoration 280
Competing Philosophies 282
The Politics of Whom We Punish 284
Limitations on Criminal Punishment 285
Culpability: A Fairness Principle Requiring Blameworthiness 285
Notice and the Principle of Legality 286
Proportionality and the Eighth Amendment 288
The Future of Punishment 293
Conclusion 294
Criminal Justice Problem Solving: The Death Penalty 295

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 Contents xiii

Unit V: Overview of Criminal Justice Institutions 297

Photo Essay: Toward the Future of Criminal Justice 298

Chapter 11 Core Concepts of U.S. Policing 302

Case Study: Policing a Housing Development 303
Philosophies of Policing 304
Policing in England 305
The Political Era (1830s–Early 1900s) 306
The Professional Era (1930s–1970s) 307
The Community Problem-Solving Era (1970s–Present) 308
The Police and Homeland Security: A New Era? 309
Developmental Theories of Policing 310
The Culture of Policing 311
Wilson’s Styles of Police Behavior 311
Police Officer Personalities 314
The Structure of American Law Enforcement 316
Local Police Agencies 317
State Police Agencies 317
Federal Agencies 318
Ethical Issues in Policing 319
Levels of Corruption 319
Ethical Questions in Policing 321
The Dirty Harry Problem 322
Controlling Unethical Behavior 323
Policing Strategies 324
Myths About Policing 324
Team Policing 325
Community-Oriented Policing 326
Problem-Oriented Policing 327
An Example of Problem-Oriented Policing: Richmond’s Sector 213 328
Conclusion 329
Criminal Justice Problem Solving: Focused Deterrence 330

Chapter 12 Core Concepts of U.S. Court Systems 332

Case Study: Shipwreck 333
The Structure of the U.S. Court System 334
Hierarchical Jurisdiction 334
Other Forms of Jurisdiction 337
The Courtroom Workgroup 337
Judges 338
Prosecutors 338
Defense Attorneys 339
Other Courtroom Workgroup Members 340
Criminal Pretrial Processes 344
Initial Appearance 345
Charging 345
Arraignment 346
Discovery 346
Plea Bargaining 347
Pretrial Motions 347

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 xiv Contents

Criminal Trial Processes 348

Jury Selection 348
Presumptions and Evidence 349
Trial 351
Sentencing 351
Postconviction Review 352
Judicial Review 354
Legal Reasoning 355
Philosophies of Legal Reasoning 355
The Process of Legal Reasoning 356
Conclusion 358
Criminal Justice Problem Solving: Problem-Solving Courts 359

Chapter 13 Core Concepts of U.S. Correctional Theory and Practice 361

Case Study: Weightlifting in Prison 362
The Scope and Purpose of American Corrections 363
Four Essential Tensions Underlying Correctional Philosophy and Policy 366
The Essential Tension of Finance 366
The Essential Tension of Research 368
The Essential Tension of Discretion 368
The Essential Tension of Invisibility 369
Summary of the Concept of Essential Tensions 371
History and Practice of Institutional Corrections 371
A Historical Survey of Correctional Institutions 371
Current Practice in Correctional Institutions 374
Theoretical Perspectives on Prison Life 375
History and Practice of Community Corrections 381
A Historical Survey of Community Corrections 381
Current Practice in Community Corrections 383
Conclusion 386
Criminal Justice Problem Solving: Voting Rights 387

References 389
Glossary 421
Index 445
Photo Credits 459

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 Preface

Understand the core ideas of justice and law.

Make better real-world decisions in criminal justice.

What This Book Is

Criminal justice is the study and practice of society’s responses to crime. Within
­criminal justice, discretion is inevitable. Whether the police officer on patrol, the pros-
ecuting attorney making a charging decision, the judge determining a sentence, or the
parole board considering the early release of an inmate, criminal justice professionals
are faced with making countless decisions on a daily basis. Most of these decisions in-
volve applying professional judgment (within the bounds of the law) to arrive at the
best answer.
To place criminal justice within its most meaningful context, students must engage
in the study of two overlapping areas. The first area is analytical, focusing on the theo-
ries that underlie the practice of criminal justice and the crafting of laws and policies.
These include ideas about the nature of law, the meaning of justice, the philosophies
of idealism and pragmatism, the history of justice practice, the theoretical foundations
of policing, corrections, and judicial decision making, and more. The second area is
descriptive, focusing on the structure of the criminal justice system and the particulars
of the laws that it enforces. This book explores both and provides students with a foun-
dation for further study of issues related to crime, law, and justice.
The former study necessarily enlightens the latter. Without analyzing the founda-
tions of criminal justice, it is difficult to describe the laws and policies that criminal
justice professionals are asked to enforce (and the rationale for doing so) or to understand
the full range of ideas that shape—implicitly or explicitly—the discretionary decisions
inherent in criminal justice practice. Throughout the text, we challenge students to
consider the practical consequences of the material through a series of features, de-
scribed further below, that apply theory to practice. The study of criminal justice must
span its liberal arts foundations with an applied focus, each shaping and reinforcing the
other. We hope that the study of these ideas will serve to enrich the study of the crimi-
nal justice system and also prepare students to be thoughtful practitioners, decision
makers, and scholars of criminal justice.

Why We Wrote It
We believe it is imperative for students to study the foundations of criminal justice
from their first course in the discipline. Because these ideas underlie so much of current
criminal justice policy and practice, they form the bedrock on which subsequent study
is grounded. Indeed, the foundational concepts of criminal justice are ideas that apply
across the criminal justice curriculum.
We have titled the book Foundations of Criminal Justice not because these are the
only ideas that are central to the theory and practice of the discipline but because they
are among the most significant conversations that have contributed to the field.
xv

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 xvi Preface

Although discussion of the theoretical roots of criminal justice will no doubt continue
and should continue, the ideas and topics surveyed in this text help present a founda-
tional view of criminal justice that can inform the subsequent study of criminal justice
structures and processes.
The challenge in teaching the foundations of criminal justice in an introductory
course is twofold. First, some of the key ideas are complex, particularly those drawing
upon the interdisciplinary roots of criminal justice in areas that may not be very famil-
iar to students, such as policy theory, legal theory, sociology, philosophy, and psychol-
ogy. Second, there is no single source that collects these ideas, leaving instructors either
to assign primary source readings (which can be even more challenging than the ideas)
or to summarize materials in lectures without an accompanying textbook.
In writing this text, we have attempted to remedy both of these problems. We have
included within the book a collection of ideas that are important for beginning crimi-
nal justice students to consider. Furthermore, we have worked to cover complex ideas
in a manner that is engaging and accessible but without diluting their meaning. It is
our hope that this will contribute not only to criminal justice pedagogy but also to pro-
moting conversations—among students, professionals, and scholars alike—about the
theoretical roots of the discipline of criminal justice and their application in practice.

Organization
The balance among three ideas represents the basis of our book: (1) the overarching
and competing ideas of what an orderly and just society should be; (2) the daily prac-
tices of an immensely complex collection of agencies described as criminal justice;
and (3) the individual needs of a student going on to become a responsible citizen and
perhaps a criminal justice professional. In Chapter 1, Introducing Crime and Criminal
Justice, we outline various perspectives on criminal justice and consider the nature
and extent of crime in American society. In addition, we survey the criminal justice
processes that are further developed in later chapters.
In Unit I, Perspectives on Law, we begin exploring the ideas that have vexed soci-
eties across the globe throughout history. That is, how should people live together in
a society? What is right, what is wrong, and how can we act to ensure desired behavior?
Working through the very practical ideas of police discretion and activities you might
see on any street corner, we explore the concepts of law, morality, and formal ways of
questioning those concepts.
In Unit II, Perspectives on Deviance and Crime, we explore the critical distinc-
tions between behaviors society generally condemns as deviant and behaviors society
classifies as criminal. Understanding the behavioral dynamics underlying deviance and
criminal activity can shape criminal justice policy.
In Unit III, Perspectives on Justice, the ideas in the earlier chapters about law and
social control come together in an even bigger fundamental idea: what is justice, and
how do we find it as a society? Furthermore, how do harried professionals facing budget
cuts, shifting policy priorities, high stress, and split-second decisions find justice in
their daily work? In addition, ensuring that actions promote the values of fairness and
equality while protecting due process rights is an important responsibility of all those
working in criminal justice.
In Unit IV, Penal Social Control, we focus on the content of the criminal law and how
punishment is used to enforce society’s priorities. These are the tools that ultimately shape
the work of the police, courts, and corrections as they respond to crime in society.
Finally, in Unit V, Overview of Criminal Justice Institutions, we introduce stu-
dents to the terminology and procedures that are relevant to the police, courts, and
corrections. In some schools, much of this information will be covered in later courses

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 Preface xvii

on each of these institutions. In other schools, students will need a working knowledge
of each institution either because this is the only course they take in criminal justice
or because they need this course as a direct gateway to other courses. These chapters
are available for those who need them, and we have tried to keep the focus on the ter-
minology, the structure, and the motivating ideas of each institution rather than on
ever-changing fads and statistics.

What’s New in the Second Edition

The second edition of this book contains a number of substantive and pedagogical
changes designed to improve student learning while maintaining currency with current
events, empirical research, and the evolution of justice policy. First, each chapter of the
book now includes learning outcomes that are tied to the A-level headings and focus-
ing questions. By design, these learning outcomes use measurable action verbs that
target a range of learning domains across Bloom’s taxonomy. Second, our move to a
full-color format allowed us to incorporate photographs in each chapter of the book.
The caption of each photo poses a question for the students to reflect upon, related to
the content of the photo as connected to concepts from the chapter. Third, the second
edition utilizes a two-tiered system of identifying important terms, all of which are
defined in the glossary. The most significant of these are retained as “key terms” and
are listed within each chapter; other important terms are defined in the glossary but
are not highlighted in the text of each chapter. Fourth, all chapters were revised to
improve clarity; in some chapters, this included a reorganization of the presentation
sequence and a retitling of select headings and subheadings. Fifth, statistics and con-
temporary examples were updated throughout the book. Finally, we added two new
pedagogical boxed features to each chapter—one focusing on ethics, called “Ethics in
Practice,” and another focusing on research, entitled “Research in Action.” Key changes
to individual chapters and photo essays are as follows.
• Chapter 1: Introducing Crime and Criminal Justice—The opening case study
was modified slightly. The discussion of discretion was expanded. The discussion
of a profession was changed to illustrate how criminal justice fits as a “quasi-­
professional” field, meeting most, but not all, aspects of a profession. The issue of
police use of deadly force is used to illustrate how the five perspectives on criminal
justice (system, bureaucracy, profession, moral agent, academic discipline) apply to
a concrete issue. The discussion of physician-assisted suicide was also revised. All
crime data (UCR/NCVS/YRBS) and accompanying figures have been updated.
A new section was added to address trade-offs between different types of crime
data and the politics of crime data. The Bureau of Justice Statistics’ diagram of the
criminal justice system is now accompanied by revised descriptive text to help
students better understand the flow of cases. The end-of-chapter Criminal Justice
Problem Solving feature now includes material on familial DNA and incorpo-
rates the U.S. Supreme Court’s decision in Maryland v. King (2013).
• Chapter 2: Concepts of Law and Morality—Former Box 2.2 was deleted and
some of the material from that box was integrated into the questions following
the chapter-opening Case Study. Discussion of social contract theory has been
expanded to include discussion of various types of police roadblocks as an exam-
ple. The Patriot Act example was replaced with a more current discussion of gov-
ernment access to phone and Internet records. A discussion of what factors may
guide criminal justice professionals in discretionary decision making was added.
The distinction between strategy and tactics has been clarified. Former Box 2.4
was removed and the materials on “fixation of belief ” previously presented in that
box were updated and integrated in the body of the chapter. The discussion on the

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 xviii Preface

relationship between morality and justice studies was updated and illustrated using
offender re-entry. The chapter contains a new section on Kohlberg’s theory
of moral development and its application to analysis of criminal justice issues.
Finally, the chapter was significantly reorganized to improve flow and readability.
• Chapter 3: Concepts of Legal Philosophy—A new section on “Principles and
Rules in Criminal Justice” is now used to set up the discussion of legal philosophy
(and, by extension, theories of justice) by suggesting that the legal philosophies are
general principles that guide the development of the specific rules codified in the
law. Each of the six concepts of law in the section “Analyzing the Law” are now
explained in more depth. Concrete examples were added to the discussions of
several legal philosophies.
• Chapter 4: Deviance and Social Control—The chapter now contains a brief dis-
cussion of “positive deviance,” the various forms that adult socialization can in-
clude, and further differentiation of formal and informal social control. The material
on medicalization of deviance has been restructured significantly by deleting the
discussion on the types of medical social control and replacing it with much broader
coverage of criminal responsibility, which includes information on the insanity de-
fense, the new DSM-5, mental health courts, and access to firearms by persons
with mental illnesses.
• Chapter 5: Deviance and Criminal Behavior—The chapter-opening Case Study
has been revised to include additional detail. Smoking now serves as an example of
changing societal conceptions of deviance. A discussion of social constructionism
as it pertains to criminological theory has been added. The chapter now features
additional examples, contemporary research, and critiques of numerous crimino-
logical theories. Also significantly expanded is the discussion of youth gangs in the
Criminal Justice Problem Solving feature at the end of the chapter, including a
definition of gangs, statistics, impacts of gangs, and why persons join gangs.
• Chapter 6: Concepts of Justice—The structure in which the theories of justice
are presented has been reworked. Many topics have been updated and/or revised,
particularly the discussions of justice theory materials, including virtual vigilan-
tism, discourse perspective justice, distributive justice, retributive justice, and
Rawl’s “veil of ignorance.”
• Chapter 7: Concepts of Justice Policy—The chapter-opening Case Study about
the status of state marijuana laws has been updated and recent U.S. Supreme
Court cases affecting social justice, including National Federation of Independent
Business v. Sebelius and Arizona v. United States, have been integrated into the
chapter. The chapter now includes more concrete examples to contextualize policy
theories, including Amber Alerts as policy diffusion; carjacking as federalization
of crime; the Prison Rape Elimination Act as an example of tying policy out-
comes to federal funding; and three strikes laws as an example of issue networks.
Two new sections have been added: “Themes in American Criminal Justice Policy
Development,” which includes discussions of comparative criminal justice and a
historical perspective on criminal justice policy development, and “Politics and
Politicians.” A new box on police civil liability has been added.
• Chapter 8: Concepts of Criminal Procedure—Both the chapter-opening Case
Study and end-of-chapter Criminal Justice Problem Solving feature have been
replaced. The Fourth Amendment materials have been restructured in light of
United States v. Jones. Coverage of a variety of topics has been expanded, including
probable cause, Miranda, due process, equal protection, and the exclusionary rule.
The chapter now features a box on searches of cell phones incident to arrest.
Seventeen additional U.S. Supreme Court cases are now covered, including
­
­Blueford v. Arkansas, Board of Education of Indiana School District 92 of Pottawato-
mie County v. Earls, Berghuis v. Thompkins, Colorado v. Bertine, Florida v. Jardines,

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 Preface xix

Hudson v. Michigan, Illinois v. Gates, Manson v. Brathwaite, Michigan v. Harvey,

Pennsylvania Board of Probation & Parole v. Scott, Rochin v. California, Salinas v.
United States, United States v. Dunn, United States v. Calandra, United States v.
Flores-Montano, United States v. Matlock, and United States v. Pantane.
• Chapter 9: Criminal Law—The concept of overcriminalization has been inte-
grated throughout the chapter, including in a new Criminal Justice Problem Solv-
ing feature on “zero-tolerance” policies at schools that contribute to the “school to
prison pipeline.” A new box has been added which allows students to apply their
understanding of the types of criminal offenses. Materials on Second Amend-
ment limits on gun legislation, including District of Columbia v. Heller and
­McDonald v. Chicago, have been expanded.
• Chapter 10: Criminal Punishment—This chapter features expanded discussion of
expiation (under retribution) and new material on the penal harm movement. Con-
crete examples illustrate a range of theoretical concepts, including expiation, penal
harm, general and specific deterrence, hedonism, and reintegrative shaming. A new
subheading under “Justifications for Criminal Punishment” titled “Competing
­Philosophies” briefly discusses arguments against punishment, including penal abo-
lition. A significantly expanded end of chapter Criminal Justice Problem Solving
feature on the death penalty now includes a discussion of Furman v. G ­ eorgia and
Gregg v. Georgia, Illinois’s commutation of death sentences, and concerns about the
death penalty. Finally, Eighth Amendment case law has been updated.
• Chapter 11: Core Concepts of U.S Policing—A new section on the intersection
of policing and homeland security has been added. Material on the eras of polic-
ing, the “police personality,” the fragmentation of U.S. policing, problem-oriented
policing, and the characteristics of “good” policing has been clarified and ­expanded,
and a discussion of solvability factors in criminal investigations has been added.
The end-of-chapter Criminal Justice Problem Solving feature has been changed
to address focused deterrence.
• Chapter 12: Core Concepts of U.S. Court Systems—The chapter features ad-
ditional material on trial by combat; the courtroom workgroup, prosecutorial mis-
conduct (including Imbler v. Pachtman), judicial elections (including Republican
Party of Minnesota v. White and Citizens United v. Federal Election Commission),
aggravating and mitigating circumstances, and the U.S. Supreme Court’s role in
policy formulation through the exercise of discretionary appellate jurisdiction.
A new end-of-chapter Criminal Justice Problem Solving feature addresses problem-
solving courts (focusing on drug courts).
• Chapter 13: Core Concepts of U.S. Correctional Theory and Practice—Many
topics have been expanded and/or clarified, including the culture of control, the
“essential tension of finance” relevant to opportunity cost, solitary and congregate
systems, and “total institutions.” The term “technical violation” is introduced. The
former Box 13.2 has been deleted; an updated and expanded discussion of com-
munity corrections has been included in the text of the chapter. A new table with
definitions and statistics about prison security levels and two new boxes—one on
offender classification and the other on community corrections—have been
added.
In addition, each of the photo essays was revised in the following ways:
• The first, “Policing Intimate Partner Violence,” presents updated statistics, an ex-
panded historical discussion of intimate partner violence, and some new pictures.
• The second, “Morality and the Law,” was slightly revised and includes some new
pictures.
• The third, “What Behaviors Are Deviant?” includes a new picture and a new dis-
cussion of hazing in lieu of corporal punishment.

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 xx Preface

• The fourth, “Justice, Privacy, and Enforcement,” was reconceptualized to focus on

privacy. The discussion of cell phone searches, e-mail searches, and GPS searches
was deleted and replaced with material on license plate scanners, NYC’s stop and
frisk policy, and the exclusionary rule.
• The fifth, “Bullying,” has been revised, contains several new pictures, and now in-
tegrates discussion of attempts to curb bulling by making parents accountable for
their children’s conduct.
• The final photo essay, “Toward the Future of Criminal Justice,” has been substan-
tially revised to integrate various aspects of the criminal justice system. The new
pictures now illustrate school resource officers, processing juvenile offenders, the
CSI effect, pandemic planning, CCTV, and prison-based dog training programs.

To Faculty: Teaching with This Book

Chances are, each individual instructor may not make use of every chapter in this book.
Courses seeking a foundation of criminal justice grounded in the liberal arts may focus
more heavily on Units I, II, and III, with less time dedicated to material in Units IV
and V (which is often covered elsewhere in the criminal justice curriculum, in courses
on police, courts, corrections, and criminal law). Conversely, courses more heavily
­focused on the components of the criminal justice system (particularly in programs for
which there is not subsequent required coursework in police, courts, corrections, and
criminal law) may use Units I, II, and III to “set up” a more detailed examination of
material from Units IV and V. Still other instructors may bring in many more examples
from local criminal justice policies and practices than appear in this book.
Of course, these options are not mutually exclusive. Content about the criminal
justice system is easily integrated across discussions of Units I, II, and III, and refer-
ences to philosophical underpinnings of criminal justice are easily integrated into dis-
cussions pertaining to Units IV and V. Some courses will give equal weight to all
chapters over the course of a semester. We felt strongly, however, that it was important
to offer flexibility for instructors and to keep the key information unique to a founda-
tions course all available in one concise volume. Through years of consultation with
instructors at a wide variety of schools across the United States, we have settled on this
balance between conciseness of presentation and exhaustiveness of concepts that we
hope will serve as a firm foundation for a course that allows for individuality of instruc-
tion while promoting student engagement.

To Students: How to Study from This Book

We have designed this book to make the study of criminal justice a very active process.
Just as a professional in criminal justice will always need to be actively curious and ob-
servant in the field, studying the discipline similarly requires curiosity, inquiry, and a
full engagement with the material.
Each unit in the book is introduced by a photo essay, containing a series of photos
accompanied by a narrative with questions for discussion. The topics, photos, and dis-
cussion questions were selected to survey the broad range of issues included in each
unit. Think about how you would respond to these issues before you read the chapters
in the unit. Afterward, you may consider how material from the chapters relates back
to the issues in the photo essays.
Each chapter begins with a Case Study presenting a realistic situation that the
criminal justice system has encountered or could encounter. Read the case carefully and
discuss the questions at the end with your classmates, your instructor, or in notes to
yourself. The Case Study is related to ideas that will be examined as you proceed

00-Owens-FM.indd 20 28/03/14 4:58 PM

 Preface xxi

through the chapter; in fact, some questions in the chapter will ask you to reflect once
again on the case study and how concepts from the chapter might apply to it. Your
understanding of the rest of the chapter will be enriched by considering this case.
Each main section of the text opens with a Focusing Question. These straightfor-
ward questions are meant to help you think about the main idea to come in that section
and provide you with a framework for the ideas you will examine. The Focusing Ques-
tions can help you see the issue to be addressed in each section rather than reading the
chapter as a simple stream of data to memorize.
Each main section of the text concludes with several in-text questions. These ques-
tions are designed to allow you to reflect upon, analyze, or apply the material you have
just read.
In each chapter, you will find several boxes that highlight current or noteworthy
issues in criminal justice, related to the content of the chapter. One box in each chapter
(“Ethics in Practice”) is focused specifically on ethical dilemmas that may present them-
selves to criminal justice practitioners; another box in each chapter (“Research in Action”)
considers how research findings may shape criminal justice policy and practice.
At the end of each chapter, you will find a section called Criminal Justice Problem
Solving. Introductory textbooks can sometimes give readers the mistaken impression
that all the answers are already set in stone and that there is nothing new to discover in
a discipline. These Problem Solving sections focus on a real-life issue the criminal jus-
tice system is still struggling to solve. Chances are, if you become a criminal justice
professional, you will in some way personally be part of the efforts to solve these types
of issues.
Each chapter also includes several pictures connecting material from the text to
practical issues or dilemmas faced by the criminal justice system and the professionals
working within it. Finally, the text includes a glossary that provides definitions for the
key terms and other important vocabulary introduced in each chapter.
It is our hope that each of the above features will contribute to your understanding
of material in the text and your ability to see connections between theoretical ideas and
criminal justice practice. We hope the text conveys what a dynamic and important field
of study that criminal justice is!

Ancillaries
Oxford University Press is proud to offer a complete and authoritative supplements
package for both instructors and students. When you adopt Foundations of Criminal
Justice, Second Edition, you will have access to a truly exemplary set of ancillary mate-
rials to enhance teaching and support students’ learning.
Ancillary Resource Center (ARC) at www.oup-arc.com is a convenient, instructor-
focused single destination for resources to accompany Foundations of Criminal J­ ustice,
Second Edition. Accessed online through individual user accounts, the ARC provides
instructors with access to up-to-date ancillaries at any time while guaranteeing the
security of grade-significant resources. In addition, it allows OUP to keep instructors
informed when new content becomes available.
The ARC for Foundations of Criminal Justice, Second Edition, contains an enor-
mous variety of materials to aid in teaching, whether at a four-year university or com-
munity college, online, or in person. In addition to general ideas for using Foundations
of Criminal Justice, Second Edition, in an introductory course, the ARC includes:
• Teaching tips and ideas customized for instructors working in community col-
leges and online courses, as well as for those teaching out of sociology departments.
New teachers, and those teaching the introductory course in a general education
context, will also find specialized suggestions.

00-Owens-FM.indd 21 28/03/14 4:58 PM

 xxii Preface

• Sample syllabi and long-term integrative assignments to help instructors plan

for the entire semester.
• Detailed lesson plans, in-class activities, and homework assignments for each
of the book’s thirteen chapters.
• A robust test bank, offering multiple-choice, true/false, matching, short answer,
and essay questions. In addition to the traditional answer key for objective ques-
tions, the essay questions are accompanied by grading rubrics laying out ­detailed
criteria for evaluation.
• PowerPoint-based lecture slides and clicker questions, fully editable to meet
your needs.
• PowerPoint-based lecture slides with audio narration, for use in online and
flipped classrooms.
Finally, a complete course management cartridge is available to qualified ­adopters.
Contact your Oxford University Press sales representative for more information.

Companion Website
Foundations of Criminal Justice, Second Edition, is also accompanied by an extensive
companion website (www.oup.com/us/owen), which includes materials to help stu-
dents with every aspect of the course. For each chapter, you will find:
• Objectives for learning that identify, in a clear, concise way, the concepts and
subjects that students should understand after reading a given chapter
• A brief summary of the broad themes of each chapter, to help students organize
their thinking and reading
• Additional links to websites providing supplemental information on the topics
and ideas covered in the chapter
• Additional recommended readings that delve more deeply into the topics dis-
cussed in the chapter
• Self-grading review questions to help students review the material and assess
their own comprehension
• Case links to the original text of every case cited in the book
• Glossary flashcards to assist students in studying and review

Thanks and Acknowledgments

We would like to thank John Challice, Sarah Calabi, and Frank Mortimer at Oxford
University Press for their exceptional guidance and encouragement in this project. We
would also like to thank Caroline Osborn and Keith Faivre for their helpful assistance
in moving the text toward production. In addition, we would like to thank the anony-
mous reviewers at the Journal of Criminal Justice Education whose insights helped us in
the development of our article, “Conceptualizing Justice: Revising the Introductory
Criminal Justice Course,” which, in turn, provided the impetus for the first edition of
this book. Finally, this book would not have “come together” without the hard work of
the lead author, Dr. Stephen Owen. Hank, Tod, and Jerry express their heartfelt thanks
to Steve for serving as the unifying voice among us.
In addition, the authors and the publisher would like to thank the following re-
viewers, focus group and webinar participants, and class testers for their invaluable time
and feedback. Their comments and suggestions were instrumental in the development
of the text.

00-Owens-FM.indd 22 28/03/14 4:58 PM


Kristine Artello, Penn State University–
New Kensington
Thomas Babcock, University of Texas at San Antonio
Sarah Bacon, Florida State University
Allan Barnes, University of Alaska–Anchorage
Kevin Beaver, Florida State University
Christopher M. Bellas, Youngstown State University
Jay Berman, New Jersey City University
Michael G. Bisciglia, Southeastern Louisiana
University
Michael Bush, Northern Kentucky University
Frank Butler, La Salle University
Mark Byington, Jefferson College
Amy Cass, California State University–Fullerton
Tammy Castle, James Madison University
Paul Chwialkowski, University of Findlay
David Clark, University at Albany–SUNY
Charles Crawford, Western Michigan University
Michael Cretacci, University at Buffalo–SUNY
Mengyan Dai, University of Baltimore
Randal Davis, Santiago Canyon College
Mary Louis Davitt, University of Maine–Augusta
Peggy DeStefano, Bakersfield College
Kristen DeVall, University of North
Carolina–Wilmington
Heather Donovan, University of
Massachusetts–Dartmouth
Martha Earwood, University of Alabama–Birmingham
George Eichenberg, Tarleton State University
Patricia Erickson, Canisius College
Aaron Fichtelberg, University of Delaware
Linda Fleischer, The Community College of Baltimore
Laurin Flynn, Guilford College
Michelle Foster, Kent State University
Alan Frazier, Glendale Community College
Natasha Frost, Northeastern University
Christie Gardiner, California State
University–Fullertown
Lior Gideon, John Jay College of Criminal Justice
Kay Gillespie, Weber State University
Julie Globokar, University of Illinois at Chicago
Andrea Hampton, Truman State University
Barry Harvey, Alvernia College
Stacy Haynes, Mississippi State University
Deborah Howard, TESST College of Technology
Cyndy Hughes, Western Carolina University
Patrick Ibe, Albany State College
Fred Jones, Simpson College
Mark Jones, East Carolina University
Delores Jones-Brown, John Jay College of Criminal
Justice
Antonia Keane, Loyola University
William E. Kelly, Auburn University
00-Owens-FM.indd 23
Preface xxiii
Ashmini Kerodal, John Jay College of Criminal Justice
David Keys, New Mexico State University
Fred Kramer, John Jay College
Peter Kraska, Eastern Kentucky University
Christina Lanier, University of North
Carolina–Wilmington
Lonn Lanza-Kaduce, University of Florida
Minna Laurikkala, Shenandoah University
Brian Lawton, George Mason University
William Lay, University of Bridgeport
Lynette Lee, California State University–Sacramento
Jason Levy, Virginia Commonwealth University
Elizabeth Lewis, Virginia Western College
Melissa A. Logue, Saint Joseph’s University
Sean Maddan, University of Tampa
Elisha Marr, Calvin College
Sanjay Marwah, Guilford College
Mary Ellen Mastroilli, Boston University Metropolitan
College
Carol Mathews, Century College
Greg Matoesian, University of Illinois at Chicago
Bruce McBride, Utica College
Karen McCue, University of Minnesota
Alida Merlo, Indiana University of Pennsylvania
Eric Metchik, Salem State University
Emil Moldovan, Radford University
Thomas O’Connor, Austin Peay State University
David Orrick, Norwich University
Leanne Owen, Holy Family University
Allison Payne, Villanova University
Terrylynn Pearlman, Marist College
Amy Pinero, Baton Rouge Community College
Hillary Potter, University of Colorado–Boulder
Elaine Rizzo, Saint Anselm College
Manuel Roman, Consumnes River College
Dennis Santore, Indian River State College
Joseph Schafer, Southern Illinois
University–Carbondale
Donna Schuele, University of California–Irvine
Michael Scott, Kaplan University
Todd Scott, Schoolcraft College
Diane Sjuts, Metropolitan Community College of
Omaha
Alisa Smith, The University of Tampa
Hayden Smith, University of South Carolina
Susan Smith-Cunnien, University of St. Thomas
Jason Sole, Metropolitan State University
Paul Steele, Morehead State University
Mark Stelter, Lone Star College–Montgomery Campus
Quanda Stevenson, Athens State University
David Struckhoff, Lewis University
L. Paul Sutton, San Diego State University
Chloe Tischler, ITT-Technical Institute
28/03/14 4:58 PM
 xxiv Preface

Pamela Tontodonato, Kent State University Stephanie Whitus, Aurora University

Sheryl Van Horne, Arcadia University
Tim Wadsworth, University of Colorado at Boulder
Arnold Waggoner, Rose State College
Kenneth Wagner, Lynchburg College
Kevin Walsh, Aurora University
Francis W. Williams, Bridgewater State College
Tracey Woodard, University of North Florida
Brian Woodworth, Olivet Nazarene University
James L. Wright, Dalton State College
Richard Wright, Bridgewater College

Class Test Participants for the First Edition

Brian Woodworth, Olivet Nazarene University, and his students:
Kevin Arthur, Benjamin Backstrom, Seth Barrigear, Amanda Bender, Earl Bentley,
Sarah Bodner, Faith Cavender, Simone Coburne, Howard Coleman-Patton, ­Cassandra
Collins, Matthew Compton, Victoria Conley, Sarah Cook, Jonathan Damron, Justin
Fahy, James Funk, Bradley Giamalva, Jessica Hafner, Tyler Hamilton, Erica H­ ammond,
Luke Hasselbring, Jarad Holbrook, Samantha Holmes, Ross Johnson, Andy Knol,
Erin Koehn, Randall Koehn, Kim Kratz, Ryan Lalone, Marcel Maiden, Gina Martin,
Jerett Martin, Alan Meyers, Bradley Miller, Rhandyl Morris, Kristin Nichols, Andrew
Pfundstein, Amy Preston, Jacob Ryan, Lukas Schindler, Laura S ­ hickles, Tim Siadak,
Joshua Smarrella, Benjamin Tobey, Lindsey Tobias, Jaclyn Travnik, Amanda Vanderpool,
Jessica Voss, Marcus Washington, Michael Williams, and Jeremy Woods.

Alisa Smith, The University of Tampa, and her students:

Ian Berry, Kristina Egitto, Laura Fogg, Taylor Glatzer, John-Patrick Haney, Zachary
Iacovino, Brittany Morgado, Miranda Nordell, Leah Paddock, Megan Podschine,
Joshua Ratliff, David Saucedo, Allison Streeker, Laura Worrell, Zachary Yaeger, and
Kristine Zambito.

00-Owens-FM.indd 24 28/03/14 4:58 PM

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