Criminal justice the essentials 5th edition pdf free

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the

American Criminal Justice System

Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore

Rutz-Burri, and Shanell Sanchez

Open Oregon Educational Resources

SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez is licensed under a Creative Commons Attribution-ShareAlike 4.0 International

License, except where otherwise noted.

https://creativecommons.org/licenses/by-sa/4.0/
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Contents

What is an OER textbook? 1 A Bit About Our Collaboration Project 2 Author Bios 3 Goals, Learning Objectives, and Skills 5 Table of Contents 7 Dedication 8

1: CRIME, CRIMINAL JUSTICE, AND CRIMINOLOGY

1.1. Crime and the Criminal Justice System Shanell Sanchez

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1.2. Deviance, Rule Violations, and Criminality Shanell Sanchez

14

1.3. Social Norms: Folkways, Mores, Taboo, and Laws Shanell Sanchez

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1.4. Interactionist View Shanell Sanchez

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1.5. Consensus View and Decriminalizing Laws Shanell Sanchez

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1.6. Conflict View Shanell Sanchez

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1.7. The Three C’s: Cops, Courts, and Corrections Shanell Sanchez

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1.8. The Crime Control and Due Process Models Shanell Sanchez

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1.9. How Cases Move Through the System Shanell Sanchez

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1.10. Media Coverage of Crimes Shanell Sanchez

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1.11. Wedding Cake Model of Justice Shanell Sanchez

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1.12. Street Crime, Corporate Crime, and White-Collar Crime Shanell Sanchez

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1.13. Different Types of Crimes and Offenses Shanell Sanchez

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1.14. Victims and Victim Typologies Shanell Sanchez

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1.15. Victim Rights and Assistance Shanell Sanchez

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1.16. "Spare the Rod, Spoil the Child" Myth/Controversy 65

2: DEFINING AND MEASURING CRIME AND CRIMINAL JUSTICE

2.1. Dark or Hidden Figure of Crime Shanell Sanchez

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2.2. Official Statistics Shanell Sanchez

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2.3. Victimization Studies Shanell Sanchez

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2.4. Self-Report Statistics Shanell Sanchez

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2.5. Misusing Statistics Shanell Sanchez

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3: CRIMINAL LAW

3.1. Functions and Limitations of Law Lore Rutz-Burri

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3.2. Civil, Criminal, and Moral Wrongs Lore Rutz-Burri

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3.3. Sources of Criminal Law: Federal and State Constitutions Lore Rutz-Burri

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3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments Lore Rutz-Burri

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3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules Lore Rutz-Burri

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3.6. Classifications of Law Lore Rutz-Burri

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3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses Lore Rutz-Burri

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3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions Lore Rutz-Burri

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3.9. Substantive Law: Physical Punishment Sentences Lore Rutz-Burri

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3.10. Substantive Law: Monetary Punishment Sentences Lore Rutz-Burri

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3.11. Substantive Law: Community-Based Sentences Lore Rutz-Burri

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3.12. Procedural Law Lore Rutz-Burri

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4: CRIMINAL JUSTICE POLICY

4.1. Importance of Policy in Criminal Justice Alison S. Burke

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4.2. The Myth of Moral Panics Alison S. Burke

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4.3. The Stages of Policy Development Alison S. Burke

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4.4. Importance of Evidence Based Practices Alison S. Burke

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4.5. Re-Evaluating Policy Alison S. Burke

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5: CRIMINOLOGICAL THEORY

5.1. What is Theory? Brian Fedorek

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5.2. What Makes a Good Theory? Brian Fedorek

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5.3. Pre-Classical Theory Brian Fedorek

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5.4. Classical School Brian Fedorek

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5.5. Neoclassical Brian Fedorek

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5.6. Positivist Criminology Brian Fedorek

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5.7. Biological and Psychological Positivism Brian Fedorek

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5.8. The Chicago School Brian Fedorek

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5.9. Strain Theories Brian Fedorek

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5.10. Learning Theories Brian Fedorek

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5.11. Control Theories Brian Fedorek

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5.12. Other Criminological Theories Brian Fedorek

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6: POLICING

6.1. Policing in Ancient Times Tiffany Morey

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6.2. Sir Robert Peel Tiffany Morey

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6.3. Policing Eras Tiffany Morey

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6.4. Levels of Policing and Role of Police Tiffany Morey

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6.5. Recruitment and Hiring in Policing Tiffany Morey

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6.6. Recruitment and Hiring Websites for Future Careers Tiffany Morey

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6.7. Police Misconduct, Accountability, and Corruption Tiffany Morey

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6.8. Current Issues: Police Shootings Tiffany Morey

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6.9. Current Issues: Use of Force and Vehicle Pursuits Tiffany Morey

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6.10. Current Issues: Stereotypes in Policing Tiffany Morey

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6.11. Current Issues: Accountability Tiffany Morey

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6.12. Current Issues: Internal Affairs and Discipline Tiffany Morey

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6.13.Current Issues: Body Cameras Tiffany Morey

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6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.” Tiffany Morey

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7: COURTS

7.1. Introduction to the U.S. Court System Lore Rutz-Burri

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7.2. Jurisdiction Lore Rutz-Burri

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7.3. Structure of the Courts: The Dual Court and Federal Court System Lore Rutz-Burri

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7.4. Structure of the Courts: State Courts Lore Rutz-Burri

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7.5. American Trial Courts and the Principle of Orality Lore Rutz-Burri

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7.6. The Appeals Process, Standard of Review, and Appellate Decisions Lore Rutz-Burri

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7.7. Federal Appellate Review of State Cases Lore Rutz-Burri

284

7.8. Courtroom Players: Judges and Court Staff Lore Rutz-Burri

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7.9. Courtroom Players: Prosecutors Lore Rutz-Burri

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7.10. Courtroom Workgroup: Defense Attorneys Lore Rutz-Burri

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8: CORRECTIONS

8.1. A Brief History of The Philosophies of Punishment David Carter

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8.2. Retribution David Carter

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8.3. Deterrence David Carter

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8.4. Incapacitation David Carter

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8.5. Rehabilitation David Carter

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8.6. Prisons and Jails David Carter

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8.7. A Brief History of Prisons and Jails David Carter

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8.8. Types of Jails David Carter

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8.9. Who Goes to Jail? David Carter

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8.10. Growth of Prisons in the United States David Carter

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8.11. Types of Prisons David Carter

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8.12. Prison Levels David Carter

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8.13. Who Goes to Prison? David Carter

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9: COMMUNITY CORRECTIONS

9.1. Diversion David Carter

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9.2. Intermediate Sanctions David Carter

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9.3. Probation David Carter

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9.4. Boot Camps/Shock Incarceration David Carter

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9.5. Drug Courts David Carter

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9.6. Halfway Houses David Carter

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9.8. House Arrest David Carter

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9.9. Community Residential Facilities David Carter

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9.10. Restorative Justice David Carter

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9.11. Parole David Carter

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9.12. Current Issues in Corrections David Carter

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9.13. Current Issues in Corrections: Mass Incarceration David Carter

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9.14. Current Issues in Corrections: War on Drugs and Gangs David Carter

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9.15. Current Issues in Corrections: Aging and Overcrowding David Carter

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9.16. Current Issues in Corrections: Reentry and the Future of Corrections David Carter

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10: JUVENILE JUSTICE

10.1. Youth Crime Alison S. Burke

389

10.2. Juvenile Justice Alison S. Burke

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10.3. History of the Juvenile Justice System Alison S. Burke

392

10.4. Delinquency Alison S. Burke

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10.5. Juvenile Justice Process Alison S. Burke

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10.6. Due Process in the Juvenile Court Alison S. Burke

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10.7. The Juvenile Justice and Delinquency Prevention Act of 1974 Alison S. Burke

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10.8. Getting Tough: Initiatives for Punishment and Accountability Alison S. Burke

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10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System Alison S. Burke

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10.10. The Structure of the Juvenile Justice System Alison S. Burke

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10.11. Juvenile Institutions Alison S. Burke

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Glossary 417

We hope you are as excited about this textbook as we were writing it. This is a free academic resource and a free textbook that can be printed at low-cost if you prefer paper. Southern Oregon University’s Disability Resource has reviewed this textbook for accessibility to all students.

Introduction to the American Criminal Justice System is an Open Educational Resource (OER) https://en.wikipedia.org/wiki/Open_educational_resources that is licensed under the Creative Commons (CC 4.0) format https://creativecommons.org with support to complete this project from Open Oregon Educational Resources https://openoregon.org.

This introductory textbook is unique because it was a collaborative effort by all Criminology and Criminal Justice professors at Southern Oregon University (SOU) in Ashland, Oregon. This textbook will meet the learning objectives outlined through SOU and as a community college transfer course, as well as cover all other topics expected to find in an introductory course. This book can be used on a quarter or semester system, as well as cover topics that may get left out of some introductory texts such as controversial issues in the criminal justice system. Further, we made it as comprehensive as possible to cover core concepts and areas in the criminal justice system including theory, policing, courts, corrections, and the juvenile justice system. Additionally, we created examples that will help make difficult concepts or ideas more relatable. Every section provides an overview of key terms, critical thinking questions for course engagement, assignments, and other ancillaries such as multimedia links, images, activity ideas, and more.

Feel free to ask any questions. Email Shanell Sanchez at sanchezs2@sou.edu with any specific questions about the book or any other professor if it is specific to their page.

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https://en.wikipedia.org/wiki/Open_educational_resources
https://creativecommons.org/
https://openoregon.org/
mailto:sanchezs2@sou.edu
A Bit About Our Collaboration Project

This OER could not be possible without the support from many different people. Our financial support came from a grant through Open Oregon https://openoregon.org.

Dr. Shanell Sanchez wants to personally thank all her colleagues at SOU for taking on this endeavor with her. The first plan was to adapt and edit an existing OER, but after an exhaustive search of OER’s, we found there is a dearth of CCJ OER’s. We realized that if we wrote this book, we would be one of the first CCJ OER’s available. The initial idea seemed a bit overwhelming, but watching it come together was amazing. Dr. Sanchez had a vision for what an ideal textbook should look like for first-year students and our newest majors or potential majors, but it was not possible without all of us working together.

Amy Hofer at Linn-Benton Community College served as our grant manager, but she went beyond that. She has served as an excellent resource, mentor, and helped us find opportunities to present our experiences at conferences.

Dr. Jeffrey Gayton is our university librarian at Southern Oregon University and helped coordinate this project from the start of our application to the release of our OER going live.

Brian Stonelake, a professor in the Mathematics department at Southern Oregon University, provided excellent guidance and insight to us when we were applying for the grant.

Christina Richardson was our student that served as a contributing editor, as well as created our glossary for this OER. She went through the entire book to pose suggestions, edits, and comments that helped make the end product better.

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https://openoregon.org/
Author Bios

Alison S. Burke, Ph.D., Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/burke.html

Alison S. Burke is a professor of criminology and criminal justice at Southern Oregon University. She earned her Ph.D. from Indiana University of Pennsylvania and her MCJ from the University of Colorado Denver. While in Denver, she worked with adjudicated youth in residential treatment facilities and group homes. She has published a variety of journal articles and book chapters related to juvenile justice, delinquency, and gender, and her primary research interests involve women and crime, juvenile justice and delinquency, and pedagogy in higher education. Her most recent book is titled Teaching Introduction to Criminology (2019).

David E. Carter, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/davidcarter.html

David E. Carter joined the Criminology and Criminal Justice Department in 2008. He received his Ph.D. from the University of Cincinnati. Dave served in the U.S. Army for 8 years as a linguist prior to attending school. He has published works in the Journal of Research in Crime and Delinquency in the area of life- course research, as well as in the Corrections Compendium, where he wrote about U.S. inmate populations. He also works with local agencies (in a consultative role) providing evidence-based practices and evaluations for correctional programs in the area of effective interventions and evidence-based programming. At SOU, Dave has helped facilitate the Lock-In event and annual that provides students with a hands-on experience of the justice system.

Brian Fedorek, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/brianfedorek.html

Brian Fedorek earned his doctorate at the Indiana University of Pennsylvania in Criminology. He has taught classes in Terrorism, Comparative Criminal Justice, Theories of Criminal Behavior, and introductory courses. His research interests include media and crime, criminological theory, and criminal violence. He has served on the board of the Western Association of Criminal Justice.

Tiffany L. Morey, M.S., Instructor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/tiffany-morey-m-s.html

Tiffany L. Morey has an almost three-decade career in the law enforcement arena. She retired as a Lieutenant from a police department in Las Vegas, Nevada. Her expertise is in the law enforcement, crime scene investigation (CSI), and forensics fields. During her tenure in policing in Las Vegas she worked in patrol, the crime prevention division, community services, recruitment, special events, problem-solving unit (first ever unit/substation for her department in a high gang and drug area), undercover prostitution

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https://inside.sou.edu/criminology/faculty/burke.html
https://inside.sou.edu/criminology/faculty/davidcarter.html
https://inside.sou.edu/criminology/faculty/brianfedorek.html
https://inside.sou.edu/criminology/faculty/tiffany-morey-m-s.html
and narcotics stings, search warrant service assistance, mounted unit departmental work, CSI (crime scene investigator), forensics, Sergeant and Sergeant field training program and master trainer, Lieutenant and Lieutenant field training program, and finally Acting Captain. During this time, she was also chosen and paid by an independent firm to travel the country and conduct oral board interviews and assessment center testing and recruiting for law enforcement agencies and fire departments. She developed a ground-breaking class to assist candidates in the law enforcement hiring process and is now under contract to publish the related textbook/study guide. Tiffany continues to operate in the field of CSI and forensics as an expert investigator and witness on violent crime. She also runs a Crime Prevention Through Environmental Design (CPTED) business, offering citizens and owners of businesses CPTED reviews to ensure the safety of their homes and buildings. Finally, in her free time, she runs SOAR Wildlife Center (SoarWildlife.org), which is a non-profit organization, that rehabilitates sick, injured, or orphaned fawns and other baby mammals.

Lore Rutz-Burri, J.D., Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/rutz.html

Lore Rutz-Burri is a 1982 graduate of Southern Oregon State College (now SOU) with a Bachelors of Arts degree in Criminology and Political Science. After graduating, she lived in Southern Austria until 1984. Upon returning to the states, she earned an M.C.J (Master’s degree in Criminal Justice) from the University of South Carolina. In 1985 she started in a Ph.D. program at the University of Maryland, College Park, but early on decided she would rather pursue a law degree. In 1989 she graduated “order of the coif” with her doctor of jurisprudence (JD) from the University of Oregon School of Law. Following law school, Lore clerked for the Superior Court of Alaska in Fairbanks for one year and then worked for 5 years as a deputy district attorney in Josephine County, Oregon. There, she prosecuted a variety of crimes, but mostly assault cases. In 1995, she began teaching criminology and criminal justice at SOU. Since 2015 she has been a part-time Circuit Court judge in the Josephine County courts. Lore has been married for over 27 years to her husband, Markus (a Swiss national). They have two sons– Severin (who studied at SOU and majored in psychology) and Jaston (who studied at U of O and majored in philosophy). She has both case books and introductory text on criminal law and criminal procedure.

Shanell K. Sanchez, Ph.D., Assistant Professor of Criminology and Criminal Justice, Southern Oregon University, https://inside.sou.edu/criminology/faculty/dr-shanell-sanchez.html

Shanell Sanchez joined the Criminology and Criminal Justice department at Southern Oregon University in Ashland, Oregon in 2016. Prior to that, Shanell was an Assistant Professor in Criminal Justice at Colorado Mesa University in Grand Junction, Colorado. She received her Ph.D. from the University of Nebraska- Lincoln in Sociology in 2012. Her research and teaching interests are centered around social change and justice, inequality, and comparative crime and justice.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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https://inside.sou.edu/criminology/faculty/rutz.html
https://inside.sou.edu/criminology/faculty/dr-shanell-sanchez.html
Goals, Learning Objectives, and Skills

There is a dearth of OER textbooks in Criminology and Criminal Justice, which made creating this textbook all the more exciting. At times we faced challenges about what or how much to cover, but our primary goal was to make sure this book was as in-depth as the two textbooks we were currently using for our CCJ 230 introduction course. The only way we were willing to undertake this project as if it was as good, or better than the current books students read. We have had very positive feedback about the required textbooks in the course but consistently heard how expensive the books were to buy. We also needed to ensure we met the learning outcomes outlined by SOU for a general education course, as well as the state of Oregon, to make sure this textbook helps students meet those outcomes.

SOU’s catalog course description for CCJ 230 states this course surveys the functional areas of criminal justice in the United States. This OER covers law enforcement, criminal courts, sentencing, penal institutions, and community-based sanctions. It also includes historical and contemporary perspectives on components of the criminal justice system, as well as the legal and constitutional frameworks in which they operate.

Learning Objectives

• Students will increase the breadth of their knowledge and understanding of the American Criminal Justice System.

• Students will enhance their critical thinking skills via writing, reading, and discussion.

• Students will learn the history, functions, responsibilities, processes, and importance of each component of the criminal justice system.

• Students will become familiar with research and its relationship to criminal justice policy.

• Students will use the foundations learned about the American criminal justice system in future CCJ courses.

Additionally, myths and controversies are incorporated in the course covering the above-noted content areas in the American criminal justice system. In our experience, this tends to be the most exciting part of the class. It also helps students build all learning outcomes through assignments, readings, and materials covered in class. The primary goal when writing this book was to make it easy to read, with fun examples, thought-

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provoking discussion questions, and is accessible to all to ensure that students would read. The content level targeted first-year students who are taking their first course in Criminology and Criminal Justice, but also as a general education course for those that may not intend to major. In order to ensure each area has accessible materials for the course and meets our learning objectives and goals, we have conducted preliminary research in order to determine our best option is moving forward.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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Table of Contents

1. Crime, Criminal Justice and Criminology

2. Defining and Measuring Crime and Criminal Justice

3. Criminal Law

4. Criminal Justice Policy

5. Criminological Theory

6. Policing

7. Courts

8. Corrections

9. Community Corrections

10. Juvenile Justice

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Dedication

We dedicate this book to our students at Southern Oregon University, who continuously work hard in our classes and develop lasting relationships with us. We also dedicate this book to all our partners, children, fur babies, and friends that supported us in the writing process.

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1: Crime, Criminal Justice, and

Criminology

Learning Objectives

This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be able to:

• Understand the differences between deviance, rule violations, and criminality

• Explain the differences between the interactionist, consensus, and conflict views in the creation of laws

• Identify the three components of the criminal justice system

• Discuss the differences between crime control and due process model, and application examples to each

• Describe the wedding cake model theory and application examples to each tier

• Briefly explain the role of the media and how media may spread myths in society

• Briefly understand the unique role of victims in the criminal justice process

Background Knowledge Probe: The goal here is to assess current knowledge about the criminal justice system at the start of the course. Each of these topics is covered throughout the course, and they will often be a controversial topic and topic for debate.

You will indicate whether you know each statement to be True or False, but there is no right or wrong answer since it is just to assess your background knowledge.

1. Blacks commit more crime than any other racial group.

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2. The United States has the lowest recidivism rates in the world (return to prison).

3. The death penalty is cheaper than life imprisonment.

4. Politicians shape our thoughts on crime, even if they are inaccurate.

5. Children are most likely to be killed by a stranger.

6. A stranger is most likely to physically harm you.

7. White-collar crime costs our country more every year than street-crime.

8. Juveniles are more violent today than ever before.

9. Immigrants commit more crime than native-born people.

10. Violent crime has risen in the United States over the last 20 years.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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1.1. Crime and the Criminal Justice System

SHANELL SANCHEZ

Theft as a Child

The first lesson in crime and criminality I remember was when I was in second grade and stole something from a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or shame, I told my grandma what I did.

Think about a time in your life that you may have done something similar. Was this first lesson in crime and criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they teach you that what you did was a crime and, hopefully, how to correct this wrong at a young age?

You were probably punished, and they may have consisted of helping out with more chores or losing your allowance to pay back what you stole.

Imagine all the questions you may have for your parents at the moment: Why was it wrong? What would happen to me if I did not tell you? What is a crime? Who decides what makes a crime? What happens to me if I commit a crime and get caught? What is my punishment? Why was it wrong when there were so many polishes there?

Further, I had to help out around the house for the weekend. In exchange for all this, she did not tell my dad because she knew her punishment was sufficient and to tell him may be excessive. She took a balanced approach to punishment and I think this is why it was so effective. It was not too strict, it was hard to complete, and I had to think about what I did.

Most criminologists define crime as the violation of the laws of a society by a person or a group of people who are subject to the laws of that society (citizens). Thus, crime as defined by the State or Federal government. Essentially, crime is what the law states and a violation of the law, stated in the statue, would make actions criminal. 1

1. Lynch, M., Stretesky, P., Long, M. (2015). Defining crime: A critique of the concept and its implication. Palgrave Macmillan: US.

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For example, if someone murdered another individual in the process of stealing their automobile most people would see this as a criminal and a straight-forward example of crime. We often see murder and robbery as wrong and harms society, as well as social order. However, there are times crime is not as straight- forward though and people may hesitate to call it criminal. The community I live in, and many others throughout the area, post signs that it is illegal to give food and other items to homeless individuals in need. If one were to violate this law and give food to a homeless person it would not involve harm to individuals, but the social order.

Adele MacLean joined others in an Atlanta park to feed the hungry the Sunday before Thanksgiving and was given a citation and a summons to appear in court. Ultimately, MacLean’s case was dropped when she showed up in court, but she and her lawyers argued the citation for serving food without a permit was improper and demonstrates callousness toward the homeless. The city and some advocates say feeding people on the streets can hinder long-term solutions and raises sanitation concerns. 2 Approximately 40 cities across the nation have active laws to restrict food sharing, and a few dozen more had attempted such restrictions, according to the National Coalition for the Homeless. 3

We will talk later about how we may create laws based on what can cause harm. Harm can be to the social order, physical, economic, social, emotional, environmental, and more. In order to ensure that people receive justice in today’s society, we use the criminal justice system to administer punishment or reward, and those crimes are often punished based on morals and norms.

The criminal justice system is a major social institution that is tasked with controlling crime in various ways. Police are often tasked with detecting crime and detaining individuals, courts often adjudicate and hand down punishments, and the correction system implements punishments and/or rehabilitative efforts for people who have been found guilty of breaking the law.

Criminal Justice Process When the law is broken, the criminal justice system must respond in an attempt to make society whole

again. The criminal justice system is made up of various agencies at different levels of government that can work independently and together, but each attempting to deal with crime. Challenges may arise when agencies do not work together or attempt to work together inefficiently. The notorious serial killer Ted Bundy was an example of U.S. law enforcement agencies not working together because of lack of technological advancement to freely exchange information and resources about killings in their area. Bundy exploited gaps in the traditional law enforcement, investigative processes throughout different jurisdictions, and ultimately was able to avoid arrest and detection. If various agencies at the Federal, State, and Local law enforcement level had worked together they could have potentially stopped Ted Bundy sooner. Following Ted Bundy, a Multi-agency Investigative Team manual, also known as the MAIT Taskforce, was created through the National Institute of Justice to develop information about the crime, it causes and how to control it https://www.ncjrs.gov/pdffiles1/Digitization/110826NCJRS.pdf. One of the values of the United States is that local agencies will control their local community, but at times this may create unexpected complications.

Working Together?

2. Brumback, K. (2017). Cities, volunteers clash over feeding homeless in public. Associated Press. https://www.seattletimes.com/nation- world/cities-volunteers-clash-over-feeding-homeless-in-public/

3. National Coalition for the Homeless. (2018).

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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https://www.ncjrs.gov/pdffiles1/Digitization/110826NCJRS.pdf.
You are to create an argument for or against law enforcement agencies working together. Some countries have national police forces, whereas we do not. Be prepared to defend your position in the class.

Although agencies may operate differently, the way cases move through the criminal justice system is consistent. The first step after getting caught stealing something from a store is involvement with police when law enforcement is called. The next step in the process is to proceed through the court system to determine guilt or innocence. If you are found guilty then you will receive a sentence that will be carried out in the next step. After conviction, you move to the correctional system for formal punishment and/or treatments as determined by the courts. An individual may not go through the entire process and criminal justice officials decide whether the case should continue on to the next stage. Perhaps the officer decides not to cite you and your contact ends there. However, it may be the district attorney (DA) that decides to drop your case before it even goes to trial. Regardless, the process is typically cops, courts, and then corrections. We will explore each of these in greater detail later on.

News Box: In 2016, more people were arrested for marijuana possession than for all crimes the FBI classifies as violent. 4 Overall in 2016, roughly 1.5 million people were arrested for drug-related offenses, up slightly year-over-year 5 Marijuana enforcement and criminalization goes to the heart of some of the most pressing issues facing the criminal justice system, policymakers, citizens, and the world. Is criminalizing drug use effective, especially for marijuana? Is spending money on enforcing drug laws, prosecuting drug crimes, and punishing drug offenders effective? The United States has taken a get-tough approach towards the War on Drugs, created mandatory minimum sentences, and punished people in large numbers but is it effective?

4. https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/topic-pages/tables/table-18 5. Ingraham, C. (2017). More people were arrested last year over pot than for murder, rape, aggravated assault, and robbery —

combined. The Washington Post. https://www.washingtonpost.com/news/wonk/wp/2017/09/26/more-people-were-arrested-last-year- over-pot-than-for-murder-rape-aggravated-assault-and-robbery-combined/?noredirect=on&utm_term=.62735d3474ea

Introduction to the American Criminal Justice System

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1.2. Deviance, Rule Violations, and Criminality

SHANELL SANCHEZ

Nude Ultimate Frisbee

Imagine you recently moved to Oregon for work from Georgia after graduating college and hope to make new friends. Georgia has been your home forever, so Oregon is entirely new. Then one day at the dog park you run into a guy that seems like someone you would like to hang out with and he tells you to come out and play ultimate frisbee this weekend. You decide to take the leap and meet new people, play a new sport, and have some fun.

You arrive on the field, but notice something that stands out as different to you and wonders ‘is this allowed in Oregon?’ Some women and men are naked, some fully and some just certain parts exposed, but no one seems uncomfortable. You look around at the topless players, all adults, and wonder if this is the wrong place. Other people in costume walk around like Unicorns, Mario, Rainbow Brite, among others. Suddenly, thoughts start racing through your mind: “Why are people dressed strangely? Is it legal to be nude in public in the state of Oregon? Why does no one seem to mind? Can I keep my clothes on? What will my family in Georgia think? Should I just go back to my apartment now?”

Suddenly, the guy from the dog park runs up and tells you to come on over so he can introduce you to the team. Situations like this are often examples we use in the college classroom to demonstrate the difference between deviance, rule violations, and criminal violations. Sometimes there are times that behaviors that appear to be deviant are not illegal, but other times behaviors that are illegal are not deviant.

Just about everyone in society has done something that someone else would disagree with and see as deviant. For example, I recently wore clothes to the gym that were out of style but how did I know they were out of style? Well, easy! The reaction of others to my lack of style in the gym was clear that it is no longer cool to wear knee-high socks with athletic shorts to the gym.

Another time I was at Thanksgiving dinner with my family and I expressed open support for a politician that no one else in the family supported. Their reactions to my support of him made it evident that I was the deviant one that was not going along with the typical political views expected in my reasonably conservative, Republican family.

Alternatively, perhaps I am deviant when I tell you my favorite show on television is, and always will

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“Facial Tattoos and Piercings”

be, the Golden Girls, which seems odd for someone in their early thirties. Perhaps someone thinks it is utter nonsense and ‘crazy’ wasting my time watching such shows. These are just a few examples where my behavior, thoughts, actions, or beliefs may be different from those around me.

From a sociological perspective, social norms are all around us and are accepted norms and behaviors that defined within a specific group. The group you are in can change, which would mean the norms and behaviors that are acceptable at any given time may change.

1

Deviance is behavior that departs from the social norm. Goode argues that four things must happen in order for something deviant to take place or exist:

1) a rule or norm must be established; 2) someone has to violate that rule or norm; 3) there must be an audience or someone, that witnesses the act and judges it to be wrong; 4) and there is likely going to be a negative reaction from that audience that can come in many forms (i.e., criticism, disapproval, punishment, and more).

To commit an act of deviance one does not need to violate a dangerous norm, and not all acts that are deviant are criminal. Not all criminal acts are deviant either. Deviance falls on a spectrum that can range from really deviant to not so deviant but remember it is dependent on the audience. Think back to the previous comment about the show Golden Girls. My grandma would not find that as deviant as my husband does because we grew up watching it together. We spent many hours on the couch laughing away at the silliness of it all, so we would both agree it is a beautiful show. 2

Applying Knowledge

Assignment: Apply Goode’s definition of what needs to happen in order for something to be considered deviant in no less than 500 words and following the example below.

Example: The awkward outfit to the gym: knee socks, athletic shorts, and an oversized Broncos t-shirt mentioned above could be deviant. Based on Goode’s definition of deviance, this attire departed from the social norm at the gym in 2018. Whether we realize it or not some specific rules or norms established in the gym (1); sometimes we have a dress code, but other times, you have to keep up with current ‘hip trends’ such as yoga pants for women in 2018. Next, I violated that norm by my attire (2); since it was a busy Monday night lots of people saw my attire, my audience, that was able to witness my act and then judge it (3). Lastly, they cannot kick me out for not dressing cool, but the awkward smirks, stares, and giggles were all I needed to know that my clothes were deviant and not cool (4). This could certainly have not been true in 1950, 1980, or even early 2000s. If I think back to when I started lifting over a decade ago, yoga pants were unheard of and no one wore anything ‘tight’ to the gym. Today yoga pants are regular and in some parts of the country for women and men.

1. By Tuerto - [1], CC by-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=26526042 2. Goode, E. (2015). Deviant Behavior, (10th ed.). New York: Pearson, Education.

Introduction to the American Criminal Justice System

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1.3. Social Norms: Folkways, Mores, Taboo, and Laws

SHANELL SANCHEZ

Social Control Exercise

Assignment: We rely on informal social control to influence people’s behavior, such as giving the stink eye, cold shoulder, or correcting someone’s behavior in order to ensure people conform. Think about a time when a parent, guardian, coach, employer, or teacher (agents of social control) used informal social control to respond to your behavior. What did the agent of informal social control do? Provide an example when informal social control was applied to another person. What were they doing and how was their behavior controlled through informal social control?

Example: Talking on the phone with a work-related matter and kids start bickering over slime. I am unable to put the phone down, so I relied on hand motions to show them it was unacceptable. There was no need to hang up or say anything at all. The eye actions indicated they were acting inappropriate and their behavior changed.

Norms can be internalized, which would make an individual conform without external rewards or punishments. There are four types of social norms that can help inform people about behavior that is considered acceptable: folkways, mores, taboos, and law. Further, social norms can vary across time, cultures, place, and even sub-group. 1

Think back to your first experiences in school and surely you can identify some folkways and mores learned. Folkways are behaviors that are learned and shared by a social group that we often refer to as “customs” in a group that are not morally significant, but they can be important for social acceptance. 2 Each group can develop different customs, but there can be customs that embraced at a larger, societal level.

1. Goode, E. (2015). Deviant Behavior, (10th ed.). New York: Pearson, Education. 2. Augustyn, A., Bauer, P., Duignan, B., Eldridge, A., Gregersen, E., Luebbering, J.E., etc..., (N.D.). Folkway, Encyclopedia Britannica.

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Folkway Example

Imagine sitting in the college classroom with sixty other people around. As a professor who teaches early morning classes, it is always encouraged to eat if hungry. However, everyone must be considerate of those around them. You should not chew loudly. That would be considered rude, and it is against class ‘customs’ to do so. To make it worse, imagine burping without saying ‘excuse me.’ These would be folkway violations. Remember, this may not be disrespectful in all cultures, and it is very subjective.

Perhaps stricter than folkways are more because they can lead to a violation of what we view as moral and ethical behavior. Mores are norms of morality, or right and wrong, and if you break one it is often considered offensive to most people of a culture. 3 Sometimes a more violation can also be illegal, but other times it can just be offensive. If a more is not written down in legislation, it cannot get sanctioned by the criminal justice system. Other times it can be both illegal and morally wrong.

More Example

If one attended a funeral for a family member, no one would expect to see someone in bright pink clothes or a bikini. Most people are encouraged to wear black clothing out of respect. Although there may not be specific rules or laws that state expected attire to wear to a funeral, it would be against what most of American society views as right and wrong to attend a funeral in a bikini or be in hot pink leotards. It would be disrespectful to the individual people are mourning. Both mores and folkways are taught through socialization with various sources: family, friends, peers, schools, and more.

A taboo goes a step farther and is a very negative norm that should not get violated because people will be upset. Additionally, one may get excluded from the group or society. The nature and the degree of the taboo are in the mores. 4

Taboo Example

A student once gave the example of a man in their neighborhood in Colorado that had multiple wives and also had ten different children from the women. In most of American culture, it is seen as unacceptable to have more than one spouse/partner. However, there are instances where having children with multiple people would not be seen as taboo. Specifically, if a man or woman remarries and then has another child with their new partner. However, again, this is more acceptable today than in the past because of the greater societal acceptance of divorce and remarriage.

3. Sumner, W. (1906). Folkways. 4. Sumner, W. (1906). Folkways.

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If one is religious think of something taboo in that specific religion? How about a sports team in college? Band? Any ideas?

Lastly, and most important to the study of crime and criminal justice, our laws. Remember, a social norm is an obligation to society that can lead to sanctions if one violates them. Therefore, laws are social norms that have become formally inscribed at the state or federal level and can laws can result in formal punishment for violations, such as fines, incarceration, or even death. Laws are a form of social control that outlines rules, habits, and customs a society uses to enforce conformity to its norms.

Law Example

Let us go back to our example of having multiple wives for a moment. It is illegal, a violation of law, to have multiple wives in American culture. It has not always been this way, and it is not true in every country, but in the United States, it was viewed as so taboo, morally and ethically wrong, that there are laws that can punish people for marrying more than one person at a time. However, there may be some people that do not think it is wrong or some groups, but regardless, it is still illegal.

The following link is for Oregon statue ORS 163.515 Bigamy https://www.oregonlaws.org/ors/163.515

Remember our previous discussion on being the new person to Oregon and trying to figure out if it is allowed to be nude at an ultimate frisbee practice, but they do not feel morally or ethically wrong. The first thing one may do is go home and look up some rules and see if they are violating ultimate frisbee rules. Next, one may check out Oregon laws governing clothing to see if they are violating laws by being nude. In the end, one finds out that it is not ‘illegal,’ so you cannot call the cops, but you certainly did find a case in Eugene, Oregon that determined not wearing clothes can be a violation of rules on the college campus. https://www.oregonlive.com/news/index.ssf/2009/04/uo_board_says_no_clothes_no_ul.html However, this is a recreational league, and it does not appear to have any formal rules established. Now one has to make a decision that is hard: Does one want to be part of a subculture that endorses nudity? Does this go against one’s morals and ethics? Alternatively, is one willing to be part of the team and encourage acceptance of a new norm? The criminal justice system cannot act for merely violating norms, but at times, what feels like a norm can lead to criminal justice involvement. For example, walk a town or city, and many may be found jaywalking because it may be safer, faster, or more accessible. A person can get a ticket for it in most communities because it is technically violating a law. That is the thing with the line between deviance, rule violations, and criminality—it does not allow mean we agree. There are many examples of laws that are not deviant and things that are deviant some subcultures may wish to be illegal. Most, but not all crimes are deviant, and not all deviant acts are criminal. The question then becomes: well, how then do we as a society decide who does and does not have the opportunity to make law?