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Foundations of Criminal Justice

Second Edition

Stephen S. Owen, Henry F. Fradella, Tod W. Burke, and Jerry W. Joplin

Publication Date - July 2014

ISBN: 9780199374335

496 pages
8-1/2 x 11 inches

In Stock

Retail Price to Students: $103.95

For Students. For Professionals. For Citizens. Understand the core ideas of law and justice. Make better decisions in criminal justice.


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 in order 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 justice in their lives as criminal justice practitioners and as active citizens.

New to this Edition

  • Stunning full-color visuals
  • Each chapter has been thoroughly updated to include the latest research and relevant examples
  • A new section, "Principles and Rules in Criminal Justice," emphasizes the significance of the theories of law and justice in the criminal justice field
  • New "Ethics in Practice" and "Research in Action" boxed features
  • An expanded discussion of crime rates and their policy implications, evidence-based practices, homeland security, and Kohlberg's theory of moral reasoning

About the Author(s)

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 Sciences.

Jerry W. Joplin is Professor of Justice and Policy Studies at Guilford College.


"This amazing text allows students to think critically about the criminal justice system as it is and how it could be. It also helps them develop a higher level of thinking, analyzing, and understanding."--Sheryl Van Horne, Arcadia University

"Foundations of Criminal Justice serves to elevate the analysis and discussion of current issues in criminal justice."--Melissa A. Logue, Saint Joseph's University

"This is a student-friendly text that engages students by exploring material in an intuitive way. It provides foundational knowledge before applying that information."--Alisa Smith, The University of Tampa

Table of Contents

    Photo Essay: Policing Intimate Partner Violence

    1. Introducing Crime and Criminal Justice
    Case Study: How Would You Spend $10 Million?
    Introducing Criminal Justice
    Perspectives 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 Force
    Defining Crime
    --What Crime Is
    --What Crime Is Not
    The Extent of Crime
    --Official Crime Data
    --Other Sources of Crime Data
    --Crime Data: Tradeoffs and Politics
    Looking Ahead
    Criminal Justice Problem Solving: DNA Evidence
    Appendix: The Criminal Justice System

    Unit I: Perspectives on Law
    Photo Essay: Morality and the Law

    2. Concepts of Law and Morality
    Case Study: Justice on Lover's Lane
    Criminal Justice and Society
    Criminal Justice Strategies and Tactics
    --Criminal Justice: Popular Conceptions Versus Academic Scholarship
    Morality and Justice Studies
    --Kohlberg's Moral Stages
    Three Tendencies of Idealists and Pragmatists
    --The Mind/Body Relationship
    Five Concepts of Morality
    --The Nature of a Deity
    --Applying Philosophy and Morality to Criminal Justice
    Criminal Justice Problem-Solving: Alcohol Policy

    3. Concepts of Legal Philosophy
    Case Study: Working the Corner
    Studying Approaches to the Law
    --Principles and Rules in Criminal Justice
    Analyzing the Law
    Patrick Devlin's Legal Moralism
    --Devlin and the Six Concepts of Law
    H.L.A. Hart's Legal Positivism
    --Hart and the Six Concepts of Law
    Other Schools of Legal Philosophy
    --Theories of Legal Idealism
    Legal Naturalism
    --Rights and Interpretative Jurisprudence
    --Critical Theories of Law
    --Legal Paternalism
    --Theories of Legal Pragmatism
    --Legal Realism
    --Everyday Pragmatism
    Criminal Justice Problem Solving: Nudist Camps

    Unit II: Perspectives on Deviance and Crime
    Photo Essay: What Behaviors Are Deviant?

    4. Deviance and Social Control
    Case Study: A Crime of Fantasy?
    An Overview of Deviance
    The Social Control of Deviance
    --Informal vs. Formal Social Control
    --Agents of Social Control
    Styles of Social Control
    The Medicalization of Deviance
    --Medicalization and Criminal Responsibility
    --Consequences of Medicalization
    Therapeutic Social Control and Public Policy
    --Vindication and Putative Backlash
    --Other Consequences of Shifts in the Style of Social Control
    Criminal Justice Problem Solving: Gun Control and Mental Illness

    5. Deviance and Criminal Behavior
    Case Study: The Case of Carl Panzram
    Conceptualizing Deviance
    --Crime, Sin, and Taste as a Form of Deviance
    --Deviance in Society
    Some Explanations of Criminal Deviance
    --Historical Perspectives on Criminology
    --Modern Biological perspectives on Crime and Criminality
    --The Classical School of Criminology
    Psychological Theories of Crime and Criminality
    --Psychodynamic Theories
    --Differential Association
    --Techniques of Neutralization
    --Personality and Crime
    Sociocultural Theories of Crime and Criminality
    --Social Disorganization Theory
    --Strain Theory
    --Delinquent Subcultures
    --Social Control Theory
    --Labeling Theory
    --Conflict Criminology
    The Study of Deviance in Criminal Justice
    Criminal Justice Problem Solving: Youth Gangs

    Unit III: Perspectives on Justice
    Photo essay: Justice, Privacy, and Enforcement

    6. Concepts of Justice
    Case Study: Sexting
    Justice: Fact or Fiction
    The Justice in Criminal Justice
    --Vigilante Justice
    --Transitional Justice
    --Ideological Justice
    --Discourse Perspective Justice
    Postmodern Justice
    A 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 Justice
    Individual and Community Interests in Distributive Justice
    --Mechanical Criminal Justice
    --Authoritarian Criminal Justice
    --Compassionate Criminal Justice
    --Participatory Criminal Justice
    --Toward Justice
    Criminal Justice Problem Solving: Justice Reinvestment

    7. Concepts of Justice Policy
    Case Study: The Quagmire of State Marijuana Policy
    Criminal Justice and Civil Justice
    --Criminal Justice
    --Civil Justice
    Social Justice and American Values
    --American Political Culture
    The Development of Criminal Justice Policy
    --Stability and Change in Public Policy
    --State and Federal Policy
    --Separation of Powers
    --hemes in American Criminal Justice Policy Development
    Forces Shaping Criminal Justice Policy
    --Mass Media
    --Interest Groups
    --Politics and Politicians
    Criminal Justice Problem Solving: Preschool Crime Prevention

    8. Concepts of Criminal Procedure
    Case Study: When Are Dog Sniffs"Searches"?
    Concepts of Procedural Justice
    --Three Philosophical Models of Procedural Justice
    --Social Psychological Factors
    Two Models of the Criminal Process
    Procedural Justice in the Original U.S. Constitution
    --Habeas Corpus
    --Bills of Attainder
    --Ex Post Facto Laws
    --Trial by Jury
    --Trial for Treason
    Procedural Justice in the Amendments to the U.S. Constitution
    --The Fourth Amendment
    --The Fifth Amendment
    --The Sixth Amendment
    --The Fourteenth Amendment
    --The Exclusionary Rule
    Criminal Justice Problem Solving: Surveillance and Technology

    Unit IV: Penal Social Control
    Photo Essay: Bullying

    9. Criminal Law
    Case Study: Copyright Infringement
    The 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 Laws
    Common Elements of Modern Criminal Law
    --Actus Reus
    --Mens Rea
    --Attendant Circumstances
    --Causation of Result
    Types of Crimes
    Defenses to Crimes
    Constitutional Limitations on Criminalization
    --The First Amendment
    --The Second Amendment
    --The Fourteenth Amendment: Due Process and Equal Protection Concerns
    Criminal Justice Problem Solving: Zero-Tolerance Policies

    10. Criminal Punishment
    Case Study: Three-Strikes Laws
    Conceptualizing Punishment
    Justifications for Criminal Punishement
    --Restitution and Restoration
    --Competing Philosophies
    The Politics of Whom We Punish
    Limitations on Criminal Punishment
    --Culpability: A Fairness Principle Requiring Blameworthiness
    --Notice and the Principle of Legality
    --Proportionality and the Eighth Amendment
    The Future of Punishment
    Criminal Justice Problem Solving: The Death Penalty

    Unit V: Overview of Criminal Justice Institutions
    Photo Essay: Toward the Future of Criminal Justice

    11. Core Concepts of U.S. Policing
    Case Study: Policing a Housing Development
    Philosophies 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 Policing
    The Culture of Policing
    --Wilson's Styles of Police Behavior
    --Police Officer Personalities
    The Structure of American Law Enforcement
    --Local Police Agencies
    --State Police Agencies
    --Federal Agencies
    Ethical Issues in Policing
    --Levels of Corruption
    --Ethical Questions in Policing
    --The Dirty Harry Problem
    --Controlling Unethical Behavior
    Policing Strategies
    --Myths About Policing
    --Team Policing
    --Community-Oriented Policing
    --Problem-Oriented Policing
    --An Example of Problem-Oriented Policing: Richmond's Sector 213
    Criminal Justice Problem Solving: Focused Deterrence

    12. Core Concepts of U.S. Court Systems
    Case Study: Shipwreck
    The Structure of the U.S. Court System
    --Hierarchical Jurisdiction
    --Other Forms of Jurisdiction
    The Courtroom Workgroup
    --Defense Attorneys
    --Other Courtroom Workgroup Members
    Criminal Pretrial Processes
    --Initial Appearance
    --Plea Bargaining
    --Pretrial Motions
    Criminal Trial Processes
    --Jury Selection
    --Presumptions and Evidence
    --Postconviction Review
    Judicial Review
    Legal Reasoning
    --Philosophies of Legal Reasoning
    --The Process of Legal Reasoning
    Criminal Justice Problem Solving: Problem-Solving Courts

    13. Core Concepts of U.S. Correctional Theory and Practice
    Case Study: Weightlifting in Prison
    The Scope and Purpose of American Corrections
    Four 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 Tensions
    History and Practice of Institutional Corrections
    --A Historical Survey of Correctional Institutions
    --Current Practice in Correctional Institutions
    --Theoretical Perspectives on Prison Life
    History and Practice of Community Corrections
    --A History of Community Corrections
    --Current Practice in Community Corrections
    Criminal Justice Problem Solving: Voting Rights

    Photo Credits

Teaching Resources

Ancillary Resource Center (ARC) at www.oup-arc.com is a convenient, instructor-focused single destination for resources to accompany Foundations of Criminal Justice, 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 enormous variety of materials to aid in teaching, whether at a four-year university or community col­lege, online, or in person. In addition to general ideas for using this text in an introductory course, the ARC includes:

·                     Teaching tips and ideas customized for instructors working in community colleges 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

·                     Sample syllabi and long-term integrative assignments 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 offers multiple-choice, true/false, matching, short-answer, and essay questions. In addition to the traditional answer key for objective questions, the essay questions are accompanied by grading rubrics that lay 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 or call 1-800-280-0280 for more information.

A Companion Website (www.oup.com/us/owen) provides materials organized by chap­ter. Each chapter page consists of:

·                     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 helps students organize their thinking and reading

·                     Additional links to websites provide supplemental information on the topics and ideas covered in the chapter

·                     Additional recommended readings delve more deeply into the topics discussed in the chapter

·                     Self-grading review questions 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 assist students in studying and review

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