Foundations of Criminal Justice by Stephen S. OwenFoundations of Criminal Justice by Stephen S. Owen

Foundations of Criminal Justice

byStephen S. Owen, Henry F. Fradella, Tod W. Burke

Paperback | July 25, 2014

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What is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies? Foundations of Criminal Justice, Second Edition, uses a unique approach that provides students with the framework and the intellectual tools that they will need inorder to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. This is the only introductory survey text that moves beyond a description of the criminal justice system, helping students understand the role of criminal justicein their lives as criminal justice practitioners and as active citizens.
Stephen S. Owen is Professor and Chair of Criminal Justice at Radford University. Henry F. Fradella is Professor of Law, Criminal Justice, and Forensic Studies at California State University, Long Beach. Tod W. Burke is Professor of Criminal Justice at Radford University and Associate Dean for the College of Humanities and Behavioral S...
Title:Foundations of Criminal JusticeFormat:PaperbackDimensions:496 pages, 11 × 8.5 × 0.68 inPublished:July 25, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199374333

ISBN - 13:9780199374335


Table of Contents

PrefacePhoto Essay: Policing Intimate Partner Violence1. Introducing Crime and Criminal JusticeCase Study: How Would You Spend $10 Million?Introducing Criminal JusticePerspectives on Criminal Justice- Criminal Justice as System- Criminal Justice as Profession- Criminal Justice as Bureaucracy- Criminal Justice as Moral Agent- Criminal Justice as Academic Discipline- Applying the Five Perspectives: Police Use of Deadly ForceDefining Crime- What Crime Is- What Crime Is NotThe Extent of Crime- Official Crime Data- Other Sources of Crime Data- Crime Data: Tradeoffs and PoliticsLooking AheadConclusionCriminal Justice Problem Solving: DNA EvidenceAppendix: The Criminal Justice SystemUnit I: Perspectives on LawPhoto Essay: Morality and the Law2. Concepts of Law and MoralityCase Study: Justice on Lover's LaneCriminal Justice and SocietyCriminal Justice Strategies and Tactics- Strategies- Tactics- Criminal Justice: Popular Conceptions Versus Academic ScholarshipMorality and Justice Studies- Kohlberg's Moral StagesThree Tendencies of Idealists and Pragmatists- Harmony- Truth- The Mind/Body RelationshipFive Concepts of Morality- Knowledge- Self- The Nature of a Deity- Universe- Death- Applying Philosophy and Morality to Criminal JusticeConclusionCriminal Justice Problem-Solving: Alcohol Policy3. Concepts of Legal PhilosophyCase Study: Working the CornerStudying Approaches to the Law- Principles and Rules in Criminal JusticeAnalyzing the LawPatrick Devlin's Legal Moralism- Devlin and the Six Concepts of LawH.L.A. Hart's Legal Positivism- Hart and the Six Concepts of LawOther Schools of Legal Philosophy- Theories of Legal IdealismLegal Naturalism- Rights and Interpretative Jurisprudence- Critical Theories of Law- Legal Paternalism- Theories of Legal Pragmatism- Legal Realism- Everyday PragmatismConclusionCriminal Justice Problem Solving: Nudist CampsUnit II: Perspectives on Deviance and CrimePhoto Essay: What Behaviors Are Deviant?4. Deviance and Social ControlCase Study: A Crime of Fantasy?An Overview of Deviance- Norms- SocializationThe Social Control of Deviance- Informal vs. Formal Social Control- Agents of Social ControlStyles of Social ControlThe Medicalization of Deviance- Medicalization and Criminal Responsibility- Consequences of MedicalizationTherapeutic Social Control and Public Policy- Vindication and Putative Backlash- Other Consequences of Shifts in the Style of Social ControlConclusionCriminal Justice Problem Solving: Gun Control and Mental Illness5. Deviance and Criminal BehaviorCase Study: The Case of Carl PanzramConceptualizing Deviance- Crime, Sin, and Taste as a Form of Deviance- Deviance in SocietySome Explanations of Criminal Deviance- Historical Perspectives on Criminology- Modern Biological perspectives on Crime and Criminality- The Classical School of CriminologyPsychological Theories of Crime and Criminality- Psychodynamic Theories- Differential Association- Techniques of Neutralization- Personality and CrimeSociocultural Theories of Crime and Criminality- Social Disorganization Theory- Strain Theory- Delinquent Subcultures- Social Control Theory- Labeling Theory- Conflict CriminologyThe Study of Deviance in Criminal JusticeConclusionCriminal Justice Problem Solving: Youth GangsUnit III: Perspectives on JusticePhoto essay: Justice, Privacy, and Enforcement6. Concepts of JusticeCase Study: SextingJustice: Fact or FictionThe Justice in Criminal Justice- Vigilante Justice- Transitional Justice- Ideological Justice- Discourse Perspective JusticePostmodern JusticeA Focus on Distributive Justice- A Classic Approach: Aristotle's Commutative Justice- An Economic Approach: Bentham's Utilitarian Justice- A Belief in Punishment: Retributive Justice- Everyone Is Due Something: Restorative Justice- But Is It Fair? Rawls on JusticeIndividual and Community Interests in Distributive Justice- Mechanical Criminal Justice- Authoritarian Criminal Justice- Compassionate Criminal Justice- Participatory Criminal Justice- Toward JusticeConclusionCriminal Justice Problem Solving: Justice Reinvestment7. Concepts of Justice PolicyCase Study: The Quagmire of State Marijuana PolicyCriminal Justice and Civil Justice- Criminal Justice- Civil JusticeSocial Justice and American Values- American Political CultureThe Development of Criminal Justice Policy- Stability and Change in Public Policy- Federalism- State and Federal Policy- Separation of Powers- Themes in American Criminal Justice Policy DevelopmentForces Shaping Criminal Justice Policy- Mass Media- Interest Groups- Politics and Politicians- BureaucratsConclusionCriminal Justice Problem Solving: Preschool Crime Prevention8. Concepts of Criminal ProcedureCase Study: When Are Dog Sniffs"Searches"?Concepts of Procedural Justice- Three Philosophical Models of Procedural Justice- Social Psychological FactorsTwo Models of the Criminal ProcessProcedural Justice in the Original U.S. Constitution- -Habeas Corpus- Bills of Attainder- Ex Post Facto Laws- Trial by Jury- Trial for TreasonProcedural Justice in the Amendments to the U.S. Constitution- The Fourth Amendment- The Fifth Amendment- The Sixth Amendment- The Fourteenth Amendment- The Exclusionary RuleConclusionCriminal Justice Problem Solving: Surveillance and TechnologyUnit IV: Penal Social ControlPhoto Essay: Bullying9. Criminal LawCase Study: Copyright InfringementThe History of Criminal Law- Criminal Law in Ancient Civilizations- Criminal Law in Ancient Greece and Rome- Criminal Law Changes in Early Christendom- Criminal Law in Early England- From English Common Law to Modern Penal LawsCommon Elements of Modern Criminal Law- Actus Reus- Mens Rea- Attendant Circumstances- Causation of ResultTypes of CrimesDefenses to CrimesConstitutional Limitations on Criminalization- The First Amendment- The Second Amendment- The Fourteenth Amendment: Due Process and Equal Protection ConcernsConclusionCriminal Justice Problem Solving: Zero-Tolerance Policies10. Criminal PunishmentCase Study: Three-Strikes LawsConceptualizing PunishmentJustifications for Criminal Punishement- Retribution- Deterrence- Incapacitation- Rehabilitation- Restitution and Restoration- Competing PhilosophiesThe Politics of Whom We PunishLimitations on Criminal Punishment- Culpability: A Fairness Principle Requiring Blameworthiness- Notice and the Principle of Legality- Proportionality and the Eighth AmendmentThe Future of PunishmentConclusionCriminal Justice Problem Solving: The Death PenaltyUnit V: Overview of Criminal Justice InstitutionsPhoto Essay: Toward the Future of Criminal Justice11. Core Concepts of U.S. PolicingCase Study: Policing a Housing DevelopmentPhilosophies of Policing- Policing in England- The Political Era (1830s-Early 1900s)- The Professional Era (1930s-1970s)- The Community Problem-Solving Era (1970s-Present)- The Police and Homeland Security: A New Era?- Developmental Theories of PolicingThe Culture of Policing- Wilson's Styles of Police Behavior- Police Officer PersonalitiesThe Structure of American Law Enforcement- Local Police Agencies- State Police Agencies- Federal AgenciesEthical Issues in Policing- Levels of Corruption- Ethical Questions in Policing- The Dirty Harry Problem- Controlling Unethical BehaviorPolicing Strategies- Myths About Policing- Team Policing- Community-Oriented Policing- Problem-Oriented Policing- An Example of Problem-Oriented Policing: Richmond's Sector 213ConclusionCriminal Justice Problem Solving: Focused Deterrence12. Core Concepts of U.S. Court SystemsCase Study: ShipwreckThe Structure of the U.S. Court System- Hierarchical Jurisdiction- Other Forms of JurisdictionThe Courtroom Workgroup- Judges- Prosecutors- Defense Attorneys- Other Courtroom Workgroup MembersCriminal Pretrial Processes- Initial Appearance- Charging- Arraignment- Discovery- Plea Bargaining- Pretrial MotionsCriminal Trial Processes- Jury Selection- Presumptions and Evidence- Trial- Sentencing- Postconviction ReviewJudicial ReviewLegal Reasoning- Philosophies of Legal Reasoning- The Process of Legal ReasoningConclusionCriminal Justice Problem Solving: Problem-Solving Courts13. Core Concepts of U.S. Correctional Theory and PracticeCase Study: Weightlifting in PrisonThe Scope and Purpose of American CorrectionsFour Essential Tensions Underlying Correctional Philosophy and Policy- The Essential Tension of Finance- The Essential Tension of Research- The Essential Tension of Discretion- The Essential Tension of Invisibility- Summary of the Concept of Essential TensionsHistory and Practice of Institutional Corrections- A Historical Survey of Correctional Institutions- Current Practice in Correctional Institutions- Theoretical Perspectives on Prison LifeHistory and Practice of Community Corrections- A History of Community Corrections- Current Practice in Community CorrectionsConclusionCriminal Justice Problem Solving: Voting RightsReferencesGlossaryIndexPhoto Credits