Juvenile courts in the United States are legally responsible for young people who are arrested by the police or otherwise accused of breaking the criminal laws of their community. Some areas of the country do not have courts actually called juvenile courts. Law violations by young people may be handled by probate courts, juvenile divisions of a circuit court, or even comprehensive family courts. I…
Jurisdictional waiver constitutes a type of sentencing decision. Transfer of juvenile offenders for adult prosecution provides the nexus between the more deterministic and rehabilitative premises of the juvenile court and the free will and punishment assumptions of the adult criminal justice system. Mechanisms to prosecute some juveniles as adults provide a safety valve that permit the expiatory s…
One definition of a juvenile status offense is conduct "illegal only for children." A second is noncriminal misbehavior. Juvenile status offenders are youths of juvenile court age who violate laws that define how young people should behave. These misbehaviors are unlawful for children, but not unlawful for adults. It is the status of childhood that allows children to be the subject o…
Most juveniles have committed a violent act, probably by the age of two. An objective observer spending a few minutes in a pre-school daycare center would likely see many incidents of physical assault and robbery. However, to classify an act as a crime (i.e., a behavior warranting severe sanctions by the justice system) is not as simple. Modern societies do not legally respond to the behaviors …
Kidnapping is a widely known felony that may be described as the seizing and carrying away of another person against his or her will. The precise statutory definitions are much more elaborate than the foregoing, and occur in a variety of different forms. Most statutes also prohibit the unlawful restraint of anther person. Kidnapping is primarily regulated by state law, though certain federal laws …
Criminal libel is a libel punishable criminally. It consists of a defamation of an individual (or group) made public by a printing or writing. The defamation must tend to excite a breach of the peace or damage the individual (or group) in reference to his character, reputation, or credit. At common law, libel was recognized as a criminal misdemeanor as well as an individual injury justifying damag…
Literature and crime live in happy symbiosis. Literature often depends on crime for a good story, and that story in turn frequently yields important insights about crime. If many of the Great Books involve crime, this comes as no surprise. …
Article I, section 8 of the Constitution authorizes Congress to "establish Post Offices and post Roads." This provision has been treated as authority for the continuing operation and regulation of the postal system (McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 417 (1819)). …
The relationship between the criminal justice system and the media system has been the subject of research, speculation, and commentary throughout the twentieth century. This relationship may be understood in terms of dependency relations operative between these massive systems (Ball-Rokeach and De Fleur). Put most simply, neither the media nor the criminal justice system could operate effectively…
Mens rea, or "guilty mind," marks a central distinguishing feature of criminal law. An injury caused without mens rea might be grounds for civil liability but typically not for criminal. Criminal liability requires not only causing a prohibited harm or evil—the actus reus of an offense—but also a particular state of mind with regard to causing that harm or evil. For a p…
This entry covers the relationship of mental disorder to crime, the overlap between the criminal justice and mental health systems, and the nature and operation of institutions and programs that deal with mentally disordered criminals. …
The criminal law exists to prevent various kinds of harm, and those who violate its prohibitions are usually culpable because conduct that risks or causes harm is generally culpable conduct. For various reasons, however, a wedge can be driven between culpability and the causing or risking of harm. One can cause or risk harm without being culpable, and one can be culpable without causing or risk…
Common beliefs often associate crime with features of modern society such as big cities, mass society, liberal democracy, capitalism, and modern mass media. In reality, the relationship between modernization and crime is highly complex. Modernization may be accompanied by declining, stable, or rapidly increasing crime rates, depending on the place, particular conditions, and time frame under consi…
Portrayals of sexuality have existed in virtually every society for which we have historical records. At the same time, virtually every society (Denmark being an exception) has called for at least some limits to sexual material, leading to precarious balances between free expression and social control. Sex is a deep and mysterious part of human nature, being intimately linked to many aspects of hu…
What brought down President Richard Nixon was not any involvement in planning the burglary of the Democrat National Committee's Watergate offices but his efforts, while president, to obstruct the investigation of that crime. In this instance, as in many others, Nixon's effort to cover up the burglary was not merely a separate criminal offense but an offense arguably even more serious…
As with several terms in criminology, organized crime has been defined in a variety of ways and there is surprisingly little consensus regarding its meaning. In part this is because, unlike in the case of homicide or robbery or many other types of offenses, organized crime is a conceptual rather than a legal category. The issue of definition is an important one, however, since how we define organi…
The American legal system, like most legal systems, relies heavily on the testimony of witnesses. Juries rely on witness testimony to reach verdicts in criminal and civil trials; grand juries rely on witness testimony to investigate crimes and to bring criminal charges; Congress relies on witness testimony in its legislative hearings; and a wide range of administrative agencies rely on witness tes…
Throughout the history of civilization, societies have sought protection for their members and possessions. In early civilizations, members of one's family provided this protection. Richard Lundman has suggested that the development of formal policing resulted from a process of three developmental stages. The first stage involves informal policing, where all members of a society share equal…
Some police experts would argue that over the last twenty-five years the concept of community policing has quietly revolutionized law enforcement in America (Kelling). The precise nature and scope of this transformation is still the source of much debate, but what is clear is that community policing has captured the attention of the nation's government and police departments. In 1994, Congr…
This entry provides an overview of the criminal investigation process and investigative methods. The focus of the discussion is on definitional issues along with the identification and evaluation of the types and sources of information often used in criminal investigations. This discussion has provided an overview of the criminal investigation process and the role, function, and utility of various…
The juvenile justice system mirrors the adult system of criminal justice in that it has three basic components: police, courts, and corrections. More likely than not, whether or not a juvenile is processed into this system is dependent upon the outcome of an encounter with the police. It is accurate to say that the police serve as the "gatekeepers" to the juvenile justice system …
Discovering the best way to organize and manage the police is a popular topic among police managers and administrators, researchers, reformers, and others interested in improving the American police. Over the past century, police organization and management have changed tremendously. Many of these changes can be attributed to changes in the environment of policing: the development of new technolog…
In the 1950s, The American Bar Foundation sponsored a series of observational studies that spanned the criminal justice system. The researchers observed an astounding array of incompetence and corruption in criminal justice practices, due in part to the pervasive discretion inherent in the system. Discretion can be described as official action taken by criminal justice professionals based on their…
Certain types of criminal offenses, such as some forms of commercialized consensual sex (e.g. prostitution), nongovernmentally sanctioned gambling, public drunkenness, and drug addiction, are said to generate no complaints. These offenses are often designated as victimless crimes because of a perception that these crimes involve no specific objects of attack, which is one of the defining character…
In this entry the terms private security and private police are used interchangeably. However, private security more often refers to in-house security (personnel who conduct policing activities within an organization), and private policing refers to contract security (security guards/officers hired by organizations to secure and protect assets and personnel). These terms are used synonymously beca…
Until the late 1960s police agencies throughout the United States responded to crisis or special threat situations—such as those involving barricaded gunmen and hostages—on an ad hoc basis, simply deploying as many officers as seemed appropriate to handle the situation in whatever way seemed appropriate at the time. This practice proved (tragically) ineffective several times during the…
If politics is the authoritative allocation of values, then crime and politics are inextricably linked. Substantive criminal laws articulate, as do few others, the basic values of society. Agencies of law enforcement and the administration of criminal justice possess a near-monopoly on the legitimate use of violence, and exercise vast power in deciding whether and how to enforce the law. The crimi…
As anyone who has spent time watching television or going to the movies understands, crime and criminal justice occupy a prominent place in popular culture. The drama of the law violator brought to justice, the portrait of the lives and work of law enforcement officials, the stories of notorious, sometimes sensational crimes, and of justice done or justice denied are found every day as the common …
In the Protagoras, Plato states that "he who undertakes to punish with reason does not avenge himself for past offence, since he cannot make what was done as though it had not come to pass; he looks rather to the future, and aims at preventing that particular person . . . from doing wrong again" (p. 139). Twenty-four hundred years later, preventing crime by predicting who is likely t…
The purpose of a preliminary hearing is to determine whether the prosecutor has enough evidence to justify further criminal proceedings against the accused. The preliminary hearing is held in open court before a judge or magistrate. After the prosecution has presented its evidence and the defense has been given a chance to respond, the judicial officer decides whether there is probable cause to be…
Pretrial diversion is an informal feature of the American criminal process that emerged in the late 1960s with the trappings of a formal "program." In 1973, the National Advisory Commission on Criminal Justice Standards and Goals defined pretrial diversion as "halting or suspending before conviction formal criminal proceedings against a person on the condition or assumption th…
Community crime prevention programs were founded upon a simple idea: that private citizens can and should play a critical role in preventing crime in their communities. The concepts community and crime prevention have fluid interpretations. Consequently, the range of programs popularly or officially labeled community crime prevention has included a virtually limitless array of activities, includin…
For many social scientists the physical environment is simply the space in which activity occurs. Others see this arena as a factor in affecting the behavior that it contains, but in so doing assign the physical context widely different levels of causal importance. Some take a direct, environmental determinist position, and argue that like any other variable, the built environment actively affects…
If a program prevents the first delinquent act, the social harm associated with subsequent delinquency can be avoided. To deliver on this promise, however, prevention programs must be effective and targeted to those most likely to offend. Evaluation research has challenged the effectiveness of prevention efforts, prompting one careful reviewer to conclude: "Prevention projects don't work and they …
Picture crime prevention as a leisurely river that flows toward the sea, fed by a network of streams, creeks, and other tributaries, some of which flow into the river alone, and others which first join with one another before reaching the river. In this analogy, we can think of the sea as the universe of formal and informal mechanisms used by society to deal with crime. Many rivers flow into th…
Americans live in a time of the greatest prison expansion in the modern history. By the close of 2000, almost two million adults were imprisoned at an operational cost that exceeds over $38 billion dollars a year. Minorities are represented in the prison population in percentages that far exceed their representation in the general population. African Americans comprise less than 13 percent of the …
By the end of the twentieth century, the United States had nearly two million people confined in its prisons or jails, representing ten or twenty times more of its population behind bars than that of most other postindustrial nations. Although these numbers increased more than fourfold in the last thirty years, imprisonment in various forms has played an important role in the American experience f…
Correctional officers (C.O.s) are "people workers" who interact with prison inmates on an intensely personal level, in an environment of close physical proximity over long periods of time, while functioning as low-level members of a complex bureaucratic organization (Lombardo, 1981). C.O.s are the primary social control agents in the prison because they are responsible for regulating…
The American public appears to have an insatiable fascination with what goes on inside prisons. Moviegoers flock to see Hollywood films about prison life (e.g., Escape from Alcatraz, Murder in the First, and The Shawshank Redemption). The news media is quick to cover lurid stories about prisons, including prison disturbances (escapes, prison riots, or the killings of inmates or staff members by in…
Understanding the contemporary prison for women requires an examination of the historical development of this system of social control and the critical issues relating to the imprisonment of women in the modern era. These issues include the development of distinct subcultures within these institutions, the enormous rise in the numbers of women in prison beginning in the late 1980s, the characteris…
Most problems in prisons originate outside their walls. The police and courts leave varied groups of offenders at the gate, and prisons must do the best they can to sequester these persons. Prisons function as does one's stomach, digesting that which is often indigestible. If the police decide to arrest young gang members, the prison to which these young men are committed will experience a …
Over five million people are under the supervision of the criminal justice systems in the United States. Approximately, 1.6 million are incarcerated in local, state, and federal institutions. The remaining, or almost 70 percent of those under the responsibility of the criminal justice system, are being supervised in the community on probation or parole. This means that at any one time a large numb…
Probation is a form of criminal sanction imposed by a court upon an offender, nearly always after a verdict or a plea of guilty or nolo contendere but without the prior imposition of a term of imprisonment. Probation may be linked to a jail term, known as a split sentence, where the judge sentences the offender to a specified jail term to be followed by a specified period of release on probation. …
Probation and parole agencies share one particular and significant function: they provide supervision of offenders in the community. After an offender has been granted probation or parole, a probation or parole officer, hereafter referred to as "PO," is expected to supervise that offender in the community. The basic question remains: What is the purpose of supervision? To some, the function of sup…
In the United States, the prosecutor is probably the most important decision-maker in the criminal process. The impetus to begin a criminal investigation usually emanates from a private complainant, and it is ordinarily the police who conduct the bulk of investigations; but the determinations whether to charge a suspect, what to charge him with, and what sanctions eventually to impose are made or …
There are several systems of criminal prosecution in the Western world, each distinguished in substantial part by the extent to which a public prosecutor decides whether crime should be charged. In England, any member of the public may prosecute but the attorney general has complete authority to dismiss the charge, and most prosecutions are conducted by the local police. In continental Europe, the…
The term "prosecutorial discretion" refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges. This authority provides the essential underpinning to the prevailing practice of plea bargaining, a…
An United States attorney is the chief federal law enforcement officer in one of the ninety-four judicial districts in the United States (excepting Guam and the Northern Mariana Islands, which share a United States attorney). Appointed by the president, with the advice and consent of the Senate, United States attorneys work with grand juries and law enforcement agencies to investigate federal crim…
Prostitution as a legal category and as a social problem has undergone a reexamination in scholarly and policy debates since the 1970s. This rethinking of prostitution has relied upon a variety of historical and cross-cultural studies. Policy initiatives have increasingly turned to economic approaches, especially to transaction-cost analyses. New attention has been paid to the social position of t…
This entry covers the definition and scientific validity of psychopathy and related mental conditions and the criminal law's response to criminals who manifest this condition. …
Media coverage of criminal cases poses a dilemma. Press attention in criminal cases sometimes has significant benefits. Publicity can cause unknown witnesses to come forward so that their information may be considered and the facts correctly determined. It can also help to ensure that those administering the criminal process will act fairly by subjecting their decisions to public scrutiny. Media a…
Like the economy, politics, or religion, crime is a regular topic of national public opinion surveys, and journalists and social commentators often remark on the public mood when it comes to issues like the death penalty, police use of force, or fear of crime. For their part, criminologists have become increasingly interested in how the general public perceives or feels about matters related to cr…
Although punishment has been a crucial feature of every developed legal system, widespread disagreement exists over the moral principles that can justify its imposition. One fundamental question is why (and whether) the social institution of punishment is warranted. A second question concerns the necessary conditions for criminal liability and punishment in particular cases. A third relates to the…
The relationship between race and crime has been a primary concern among sociologists and criminologists since the beginning of the disciplines in America. Various racial and ethnic minorities in the United States have consistently been associated with higher rates of criminality, including peoples of Italian, Polish, Irish, German, Hispanic, and African descent, among others. Throughout history, …
The National Victim Center and Crime Victims Research and Treatment Center reported in 1992 that 13 percent of all adult American women have been raped at some time in their lives. The NVC/CVRTC Report estimated that there were 683,000 forcible rapes during 1992, which translates to about 1,871 rapes per day. The American Psychological Association's Task Force on Male Violence Against Women…
In the eighteenth century, William Blackstone defined rape as "carnal knowledge of a woman forcibly and against her will" (p. 210). This definition remains in effect in many American jurisdictions, and it has provided the starting point for revisions over the years. The legal aspects of rape include five topics concerned primarily with forcible rape—the purpose of rape law, th…
Each day in the United States, the correctional system supervises over six million of its residents. Approximately two million people are in prison or jail, while four million are on probation or parole. With so many people under its control, a central policy issue is what the correctional system hopes to accomplish with those it places behind bars or on community supervision. A simple response mi…
Claims and findings pertaining to the relationship between religion and crime in American society are conflicted. In the early 1940s Middleton and Fay concluded that religion may cause crime and delinquency, an outcome that Schur later linked to religious beliefs and moral codes supporting the legal regulation of practices such as alcohol consumption and sexual behavior. Kvaraceus (1944), on the o…
As the American criminal justice system enters the twenty-first century it continues to be faced with numerous unresolved problems. While some advocate greater retribution and harsher penalties, others continue to believe in the importance of rehabilitating criminals and preventing further crime. These conflicting views have led to an increasing lack of clarity about the basic purpose of sentencin…
Retributivism is first and foremost a theory of punishment. It answers the question, Why do we have punishment institutions? The answer it gives is very simple: for the retributivist, we are justified in punishing persons when and only when they deserve to be punished. To avoid question-begging circularity, "deserve to be punished" in the above definition cannot simply mean "o…
The Racketeer Influenced and Corrupt Organizations Act (RICO) is a controversial and innovative federal penal statute. Adopted as part of the Organized Crime Control Act of 1970, RICO created several new crimes, revived the concept of property forfeiture as a punishment for crimes, and instituted a new civil cause of action that has generated a large volume of litigation. …
Despite several decades of research on crowd behavior and collective violence, the definition of the term riot remains the subject of intense debate. The traditional view of rioting, and crowd behavior in general, formulated by scholars such as Gustave LeBon and others, suggests they are episodes of irrational destruction carried out by a few antisocial individuals and a relatively homogenous mass…
Robbery is a form of theft that is accomplished by the use or threat of violence. …
This entry addresses the research literature exploring the nature and extent of rural crime in the United States, and theoretical explanations of rural crime. First, it is important to develop an understanding of what is meant by the term rural. The definition of a rural community has been debated by social scientists for quite some time, and differences in the definition of rural have implication…