Case Studies
Chapter 1 - Criminal Justice Perspectives
Case Study
Officer Ramirez chats with his partner while driving down a busy, city street. With little left to do before heading home and relaxing after his shift, Officer Ramirez and his partner, Officer Carter, decide to circle a destitute, rundown area of the city once more. While doing so, Officer Ramirez spots two teenage males who have spray paint cans in their possession. As soon as the two males recognize the police car, they drop the cans and quickly run down the street in an attempt to evade criminal punishment. After turning the sirens on and speeding through the barren streets, the officers soon catch up with the two young males, who appear to be dressed in clothes that depict gang membership. Upon apprehending the males, the officers escort them down the street toward the area they had been spray- painting. Once a popular bakery, the abandoned brick building now sports colorful gang symbols. Officer Ramirez, in his deep concern for these youths, inquisitively questions the males and their motives for engaging in property crime. The young males explain that they are without appropriate guidance in their lives, as their mothers have addiction problems and their fathers are either in jail or busy working. With extra time on their hands and a lack of support, the males turned to gang membership in order to capture a sense of belonging. Their first order was to prove their loyalty to the gang by defacing a building with gang symbols. Instead of arresting the boys for engaging in property crime, Officer Ramirez decides to let them go, after firmly offering them a strict warning. He also advises them of after-school programs that help student with studying and provide opportunities for sports and recreational clubs. In addition, he orders that the boys come back the next day, under his supervision, to paint over the graffiti and return the building to its natural color.
1. Which of the models of the criminal justice system did Officer Ramirez engage in?
Officer Ramirez and his actions most clearly represent the family model, because he avoided any strict punishment and instead offered the boys a second chance. Ramirez ensured that the boys fixed the building, but he also wanted them to find proper guidance and leadership.
2. What type of social control did gang membership provide for these adolescents?
The gang was an example of informal social control. As a result of their failure to mark the building permanently with gang symbols, the gang will most likely "punish" the youths by retracting their membership in a show of disproval for their inability to follow orders.
3. How is this scenario an accurate representation of the criminal justice system as an open system?
As open systems respond their environments and react accordingly, Officer Ramirez, an actor in the criminal justice system, adapted to the circumstances of the situation and made a decision he found to be appropriate. Additionally, the discretion afforded to police officers made it possible for Officer Ramirez to avoid formally sanctioning the youths.
Chapter 2 - The Justice Process
Case Study:
Lauren returns home from a busy day at work and grocery shopping. She grabs the groceries from her car and heads inside, but is shocked to find that the glass on the front door has been broken. Curious and alarmed, Lauren places the groceries on the front steps and slowly pushes the front door open. While she cannot hear any loud sounds in the house, she starts to fear that somebody has been inside and decides to search her home. As she turns to go up the stairs, she notices a man, dressed in black, exiting her bedroom. They both catch each other's attention, and he quickly pushes her as he runs past her and exits the home with jewelry in his hand. Lauren is extremely frightened and decides to call the police. Unfortunately, when the police officers arrive, Lauren informs them that she could not get an accurate description of the man because he had a ski mask on and was wearing gloves and dark clothing. The only piece of information she could offer the police officers was that the man had, at the very least, stolen a pair of pearls that had been given to her by her grandmother. The police officers are able to confirm that a burglary did, indeed, occur and decide to test the home for fingerprints in the rare case that the assailant had taken his gloves off to touch any items in the home. However, the police officers inform Lauren that they are unable to make an arrest at the current time because of the lack of evidence associated with the crime. They promise to keep her case open and to continue investigating. To keep her safe, they promise to circle the neighborhood that night to ensure that the assailant does not return.
Three outcomes are possible at the conclusion of an investigation. Would is the most likely outcome of this situation?
As the police officers were unable to find substantial evidence to make an arrest, the crime is left unsolved, but the officers did promise to continue investigating the case. The crime was not unfounded because there was significant evidence that a break in had occurred. Additionally, this case did not result in an arrest because the police officers did not have an accurate description of the assailant.
2. If the situation had been different and Lauren had been able to see that her assailant was a teenager known for causing trouble in the neighborhood, is it possible that the situation would have ended in an arrest? Are there other alternatives open to police officers?
The situation may have resulted in an arrest if the officers wanted to arrest the teenager. However, not all cases warrant an arrest, and police officers have individual discretion and are able to selectively choose who to process formally through the criminal justice system. There are, indeed, other options available to the police officers. One such option, for example, is so-called street justice. The officers could attempt to deal with the teenager and issue him a strict warning, instead of arresting him.
3. If the assailant had been arrested by the police officers, what would be his chances of privately retaining a defense attorney?
Private retention is unusual because most criminal defendants cannot afford attorney fees. Because the assailant was simply stealing jewelry, probably in an effort to make money, it would be highly unlikely that the defendant could obtain a private attorney.
Chapter 3 - Crime and Crime Control
Case Study
Lucas had not been fortunate enough to receive a substantial education or exceptional parenting. Throughout the majority of his young life, he had been left to his own devices and had been accepted by a group of teenagers and young adults who frequently engage in crime. As a young man, Lucas had been in the car with one of these friends who decided to rob a gas station. To his surprise, Lucas discovered that his friend has a weapon with him during the robbery, even though the friend had promised Lucas that he had not seriously threatened anyone. When the police arrested Lucas and his friend a few moments later, it was Lucas's first felony offense. A few years later, a similar incident occurred, and Lucas was processed through the criminal justice system. One unintended consequence of associating with his delinquent friends was Lucas's development of an addiction to serious drugs. This made it even harder to obtain the type of job he desired for employment. Frustrated and blocked from legitimate career opportunities, Lucas decided he would seek advice from a counseling agency in the neighborhood. His counselor, Amy, suggested that Lucas disassociate with his troubled group of friends to improve his odds of overcoming his addiction and living a crime-free life. At first, Lucas felt that this advice was comforting and encouraging, but soon found that it would be much harder than he had imagined. Serving as the only real family he had ever had, the group of peers meant significantly more to Lucas than he originally conceded. Before long, he was frequenting the same places with his old friends. When suffering from withdrawal, Lucas robbed a bank for money with which to acquire drugs. Though none of these crimes physically injured anyone, Lucas was subject to life imprisonment under "three-strikes" laws.
1. Do you believe that Lucas deserves to be incarcerated for life? Why or why not? Are there any alternatives you would suggest for Lucas and his friends?
These questions warrant opinion-based answers. However, answers could range from acceptance of this situation to disapproval of three-strikes laws as they currently are. Alternatives that would be appropriate could be probation, a sentence with the possibility for parole, rehabilitation, educational programs, and so on.
2. If vertical prosecution were to occur for Lucas, what would the process likely entail?
A prosecutor would be assigned to Lucas's case and would follow through with the case until the final disposition.
3. What other court programs could help in situations similar to the ones that Lucas experienced?
A. Project Safe Neighborhoods, aimed at prosecuting individuals harshly for gun violence, and similar programs would help to improve the quality of the neighborhood. They have even been reported to lead to a modest reduction in violent crime. This program may not have specifically helped Lucas and his friends, but it may have protected the surrounding neighborhood and discouraged them from crime.
Chapter 4 - Counting Crimes and Criminals
Case Study
After moving in with Tom, her boyfriend of five years, Eliza realized she needed to consider finding appropriate protection from him, because he repeatedly caused her physical pain. She did not know that he was abusive when they first started dating, but discovered the dismal reality after living with him for a few months. Although she had readily considered reporting him to the police on various occasions, she loved him and was fearful that he would not forgive her if he was processed through the criminal justice system formally. She was also wary that the police would not believe her or would be unable to do anything, so she remained content with trying to protect herself. Still, she formulated an escape plan, with the help of some friends that she could turn to in an emergency. One night after Tom had arrived home from work, the phone rang. Tom left the kitchen to go answer the phone in the living room. When he did, he seemed surprised at first and then started answering a bunch of questions. Eliza crept to the hallway in an effort to hear more and realized that he was answering questions about victimization. Tom reported that nobody in their household had been experiencing any kind of abuse and pleasantly thanked the interviewer for their time and consideration. Eliza was fearful that Tom would assume she had contacted an agency for help and slowly tiptoed back to the kitchen and sat down in her chair to disguise her eavesdropping. When Tom entered the kitchen, he looked angry and started questioning Eliza.
1. Was this National Crime Victimization Survey (NCVS) conducted before or after the implementation of improvements in 1992 and 1993?
It was conducted before the changes were made as the interviewer solely asked Tom to account for the victimization of all other individuals residing in the household.
2. Are there any potential dangers with the NCVS, even though it presents a multitude of positive effects?
It is possible that a situation like the one above could spark potential disputes and cause danger for some victims, but hopefully the improvements made in 1992 would limit the risks. This question is open to interpretation and may collect a variety of answers.
3. Is it likely that if Eliza had answered the phone when Tom was not home and was greeted by an NCVS interviewer that her victimization would show up in the UCR? Why or why not?
No, it is not likely. The UCR only accounts for crimes known to the police, which would require Eliza to contact the police officers after or during a violent domestic dispute.
Chapter 5 - Police and Policing
Case Study
Officer Williams was recently assigned to patrol a particular neighborhood within the busy city in which she resides. New to the force and void of any cynicism, Officer Williams takes on her new task with pride and enthusiasm. As opposed to some of the older officers in her department, Officer Williams feels that having a proactive role in the community will be more beneficial to the residents and to the police officers alike, as she believes it will lead to a reduction in crime. While walking to her assigned beat on the first day, Officer Williams observes a fellow officer, Officer Parker, interacting with the citizens in his assigned neighborhood. In an effort to clean up the neighborhood, Officer Parker starts by ordering some young teenagers to leave the gas station parking lot and head to school. From there, Officer Parker then follows one of the young teenagers who threw his gum wrapper on the street and issues him a strict warning not to do so again. Officer Williams politely gestures to her fellow officer. She then turns the corner and heads into her designated area. At first, it seems overwhelming to her as she observes graffiti on the building walls, trash on the unkempt grass, and elderly men sitting on the doorstep of a local diner. Within time, however, Officer Williams interacts with the elderly men and learns that they are war veterans who meet at the diner every day to relax and enjoy each other's company. After working with the residents and hosting a meeting to discuss what issues they want to improve in their neighborhood, Officer Williams finds that the residents are very respectful. Soon they begin advising her of particular concerns. Officer Williams responds successfully and convinces groups of teenagers, especially those who need guidance in her neighborhood, to help clean up the neighborhood and become members of a neighborhood crime-watch program. The residents report that they are grateful they had Officer Williams join their neighborhood and they report feeling safer with her on duty.
1. Which type of policing was Officer Parker engaging in?
Officer Parker was engaging in quality-of-life policing. Quality-of-life policing and community-oriented policing while very similar in nature, differ in the amount of collaboration received from the residents. Quality-of-life policing is concerned with day-to-day issues such as loitering, littering, and loud noises.
2. In which type of policing did Officer Williams engage? How did she do successfully implement the goals of this particular policing style?
3. Is the situation experienced by Officer Williams one that is typically expected with community-oriented policing?
Yes, studies have confirmed that community policing has been regarded positively as many residents feel safer in their neighborhoods and appreciate having their own officer. Many police training programs now implement community policing as a topic in their training.
Chapter 6 - Law Enforcement in the Criminal Justice System
Case Study
While conducting a crackdown on DUIs in a large city, Officers Shelton and Thomas were stationed with their patrol cars at a popular intersection in the heart of the city. They had issued a few citations for speeding, but had not witnessed much action that evening in terms of drunken driving. It was getting late and the officers were about to split up and head home when they heard a call on the radio for backup. Dedicated to their job and the protection of citizens, the two officers decided that they would pursue the high-speed chase that was currently ongoing throughout the city. After winding down busy roads populated with people enjoying the famous night life of the city, the officers headed down a small dirt road on the outskirts of the town near train tracks. The car that they had been chasing was speeding down the curvy road when it swerved and became entangled with a tree. The officers immediately stopped their patrol car and hopped out of the vehicle to assist the suspect. Upon reaching the car, however, they realized that there was a passenger who was critically injured. Before anything else, the officers called for help and alerted the respondents that they would need an ambulance and medical assistance immediately. Without hesitating, Officer Shelton pulled the passenger out of the car and began performing CPR in an attempt to save the young woman's life. The driver, who appeared to be without injury, tried to escape the car, but Officer Thomas secured him and arrested him for multiple charges. He offered him his Miranda rights and proceeded to place the handcuffed driver in the back of the patrol car. Because the car had been reported as stolen, Officers Shelton and Thomas returned to the car after the passenger had been successfully taken care of by emergency medical respondents. They then seized the car for evidence and conducted a thorough search of the car.
1. Was Officer Shelton correct to assist the injured passenger before arresting the suspect?
This answer is opinion-based, but the majority of police officers direct their attention to assisting and protecting citizens. As covered in the previous chapter, their primary tasks historically had been reserved for "first aid," which covered a multitude of helping actions. Therefore, it was responsible for Officer Shelton to offer medical assistance to the passenger.
2. Did the officers violate any rights by searching the car?
No, the car was already reported as stolen, and the officers had a right to seize it and investigate its contents to gather the evidence for inventory.
3. Which type of search did Officers Shelton and Thomas conduct?
Officer Thomas conducted an inventory search.
Chapter 7 - The Criminal Courts
Case Study
Before opening the doors to the courtroom, Jennifer exhales and pats her skirt in a last attempt to smooth out the wrinkles acquired from being shoved carelessly into her luggage. She opens the doors and smells the rich mahogany emanating from the courtroom's wood benches and floors. The courtroom is more crowded than she had anticipated, and she struggles to find a seat before awaiting the voir dire process, in which jury members are asked a plethora of questions so that the prosecution and defense can discover if the jurors have any potential biases that would weaken their case. She quietly sits down and looks around the room in amazement at all that is occurring. In the front of the room, she can hear the prosecution and defense asking questions to other potential jurors. After waiting for a few hours and successfully passing the voir dire process, Jennifer recognizes that she will be an integral part of a jury trial that will decide if the state has enough evidence to convict a man with first-degree homicide. When the trial starts, Jennifer stares at the man accused of murder in an inquisitive manner and studies all of the traits of his face, searching for answers. With sad eyes, the man looks back at her, and Jennifer can recognize the fear on his face. She decides that she will listen to the facts of the case and see if the state can prove that the man is guilty beyond a reasonable doubt.
1. Is this scenario very common in U.S. courtrooms?
No, it is very rare that cases reach a jury trial. In fact, only ten percent of felony cases even make it to trial in general.
2. Since the man made it to a trial jury, what are the most likely pleas he made during arraignment?
He would have either pleaded not guilty or not guilty by reason of special defense.
3. If the man pleaded not guilty by reason of a special defense, who has the burden of proof?
Normally, the state has the burden of proof. However, when the accused pleads not guilty by reason of an affirmative defense, such as the insanity defense, the burden of proof can shift from the state to the defense.
Chapter 8 - People and Problems in the Courts
Case Study
After selecting 12 jury members through the voir dire process, the prosecutor in a large jurisdiction examines the evidence once more before compiling the data and writing her opening speech. The defense attorney, who was assigned by the jurisdiction, nervously prepares for the trial and informs his client, Anthony, that everything will be fine. He instructs Anthony to be calm and collected in the courtroom and to avoid making prolonged eye contact with the jurors for fear that they will misinterpret his demeanor. As he eyes the young, disheveled lawyer prepare for his first criminal case, Anthony silently regrets his decision and wishes he had opted for pro se defense. However, Anthony knows that he is not skilled or knowledgeable in the law and trusts that the criminal justice system attempts to provide everyone with a fair trial.
During the trial, the prosecution presents information that will possibly hurt Anthony and encourage jurors to deem him guilty of the homicide he is accused of completing. The night of the homicide, which occurred in a lighted city park, Anthony was at home resting after a basketball game with some friends. Unfortunately, he resembled the man who was accused of shooting a man jogging in the park. Even though he knows he did not commit the crime, he had no way of proving his alibi, and the state quickly arrested him after his photo was selected by two eye witnesses during a throwdown.
1. From the information presented by the description, what kind of criminal defendant is Anthony?
Anthony had to rely on assigned counsel. In his case, the defense attorney was new to the practice and was young and apparently disheveled. From this, we can gather that Anthony is an indigent criminal defendant and does not have the financial means to retain private counsel.
2. Is it fair and just that Anthony was assigned such a young and inexperienced lawyer?
This is opinion based, but hopefully the students will agree that even indigent lawyers deserve better representation. As stated in the chapter, poor representation can lead to wrongful convictions.
3. What, if anything, can be done by Anthony's defense attorney to help provide reasonable doubt in the mind of the jurors?
The defense attorney should challenge the use of eyewitness identifications, which are the number-one reason individuals are wrongfully convicted. He could even hire an expert witness to testify on behalf of the faulty identifications made by eyewitnesses.
Chapter 9 - The Goals and Process of Punishment
Case study
You are on your way home from a party that was thrown on campus, as you round the corner to the street on which your apartment is located. You grab your shoes as you walk barefoot on the warm pavement and smile as you reminisce about the night's festivities until you hear sirens rushing past you and see the lights flashing. To make matters even more nerve-wracking, you realize that the sirens are headed in the direction of your apartment. You start jogging back as your mind races. While you are typically a good student who refrains from any partying, you wanted to reward yourself for doing well on a recent midterm and were out with some friends, but now you wonder if your roommate is in trouble or if someone is hurt. The raindrops start to pitter-patter on the street, making your journey even slicker and more difficult, but you finally reach your apartment and notice that three police cars are blocking the driveway of the apartment next to yours. With a heavy sigh of relief, you slowly walk into your apartment, being certain to glimpse over to the neighboring apartment in search of answers. As you cautiously walk up the steps and around the corner of the porch, your door swings open and nearly hits you in the face. Startled, you become frustrated when your roommate steps out of the doorway with a beer in his hand and starts talking about the group of people he has visiting. Completely oblivious to what is occurring next door, he loudly chants about the games they are playing and only silences once you point to the police presence at the neighbor's house. The neighbors have always seemed friendly, and you both are intrigued about what crime they have committed. With no obvious answers, you settle in for the night and finally manage to fall asleep, once the police lights have abandoned the surrounding area. In the morning, your roommate has the news on and ushers for you to come over in a hurry. When you do, you see a mirrored image of the scene at your neighbors' place last night and sit down to discover what occurred. The news anchor reports that dangerous criminals were residing at the college and that the two males arrested were violent drug dealers. Though you know these males to be friendly and outgoing, the reporter depicts a picture of violence and greed. After listening to the entire report, you discover that the neighbors had been arrested for possession and distribution of marijuana.
1. Which type of deterrence was attempted for the individuals arrested in the scenario?
Specific deterrence, as the criminal offenders were the ones targeted with a deterrent effect by being arrested and also by having their names and faces placed on television media.
2. What type of deterrence were you subjected to in this case?
Though the individuals were very close to you, this serves as general deterrence because you did not specifically receive any deterrent effect or punishment.
3. Is this type of punishment usually effective or ineffective? What does deterrence operate on?
The results are mixed and it is uncertain whether deterrence produces any effect on crimes at all. Deterrence is said to operate on fear.
Chapter 10 - Incarceration
Case study
Recently convicted for a robbery, Isaac is about to be processed through the criminal justice system as he enters prison for his seven-year sentence. As this was his first criminal offense, Isaac nervously awaits the experience of being without his family and friends. His wife, Hannah, recently found out she was expecting a baby, and Isaac already feels guilty enough about being unable to be with Hannah during her pregnancy and for being unable to care for his child and watch him or her grow. When he is called to be admitted into the prison, he is required to hand over his clothes, shoes, money, and identification. He is quite literally stripped of his identity and forced to assume the new role of Prisoner 19083. With his orange jumpsuit and the pair of underwear that the state provided him, Isaac is guided by two guards down to his prison cell.
Just walking down the hallway is alarming enough. Isaac tries not to make eye contact with any of the other men behind bars, even though some of them are hollering and chanting at him. A few whistle at him, and some even echo promises of threats and violence. In an attempt to appear strong and unscathed by the violent words and looks that were hurled his way, Isaac clenches his jaw and raises his head as he continues to walk toward his cell. He slowly starts to make eye contact with the other men, but keeps a solemn, hard expression on his face.
1. What were some of the pains of imprisonment that Isaac experienced within the first day of his sentence?
He already has experienced all of the pains of imprisonment, including the deprivation of liberty, the deprivation of goods and services, deprivation of autonomy, deprivation of heterosexual relations, and deprivation of security.
2. Why was Isaac trying to appear stronger in the wake of such violent threats? Is this behavior uncommon for inmates when incarcerated?
As described in the chapter, prisons are often an "ultramasculine" environment in which inmates try to appear strong and unfeminine. One prisoner pointed out that when they do appear more feminine, this may increase their likelihood of being victimized by other inmates.
3. Which of the pains of imprisonment do you think will be the hardest for Isaac? Why? How do inmates usually experience the pains of imprisonment? Is there typically an order?
The first two questions are opinion-based and are open to personal interpretation of the scenario. Inmates usually experience the deprivation of liberty and goods and services first, but soon begin to focus on the deprivation of heterosexual relations, the deprivation of security, and the deprivation of autonomy, as highlighted in the chapter.
Chapter 11 - Problems and Issues in Incarceration
Case study
During his lunch break, a mayor of a prominent county in Florida received a call from a concerned citizen. The citizen, Anna, was frantic about a recent visit to her husband in prison, for which she had just traveled six hours. Anna voiced many concerns about the cleanliness of the building, the efficacy of the staff that were employed there, and the overall treatment of the inmates. She was convinced that the prison needed to be reformed, only three years after it opened its doors. The mayor was perplexed because the prison had been saving the county some money, but this was the first time he had heard of a complaint. He pondered the possibility that Anna was simply frustrated because she had to travel so far to see her husband, but promised her that he would check it out immediately to put the issue at rest.
The next day, the mayor drove to the prison to form his own opinion on the matter. When he entered the prison, he noticed that some of the correctional officers were chatting in the hallways, seemingly oblivious to his presence. One correctional officer, Jacob, in particular, attempted to drive the mayor's attention away from the situation when he offered his hand politely to introduce himself. Jacob avowed that he had personally overseen the complaints brought forth by Anna and was willing to show the mayor around to prove her wrong. The mayor willingly agreed to follow Jacob around the facility for a tour, which he hoped to use as an opportunity to witness the conditions for himself. The first trip was to the infirmary, where the nurses were busy administering insulin to diabetic inmates. All seemed well, but the mayor was curious and asked about healthcare. To his surprise, Jacob said that the private prison had actually hired a private company to administer healthcare to the inmates and only attested that the inmates were in good care. As they continued their tour, the mayor noticed a guard exercising a tremendous amount of force on a prisoner who had attempted to steal an extra piece of cake from the cafeteria. Jacob chuckled at the situation, but the mayor started to become very apprehensive about the effectiveness of private prisons.
1. Though not all private prisons have issues like these, is it possible that these problems could emerge in private prisons? Should private companies have the right to impose criminal sanctions on prisoners?
Problems could emerge in any prison, including private prisons (where many complaints have indeed emerged). The latter part of this question is opinion-based and answers are up to the discretion of the students.
2. Why might the local mayor be inclined to approach complaints about private prisons with caution?
The private prisons have become very important to the local economy, so important that voters and local officials have exerted pressure to ensure that these prisons remain open, as stated in the chapter.
3. Should private prisons be held to higher standards, and should there be any guidelines to ensure that they are not abusing their powers?
The answer to this question is entirely opinion-based, and students are free to answer how they desire, provided that they explain their reasoning.
Chapter 12 - Probation, Parole, and Community Corrections
Case study
Dianna was recently arrested on a drug charge. Judge Clements listened to her case and decided that Dianna, who had never before been processed for a criminal charge and who was relatively young, did not deserve to be incarcerated with individuals who were serving sentences for violent crimes. Therefore, Judge Clements sentenced Dianna to a term of probation which was to last six months. Considering that Dianna did not pose a huge risk to the community, Judge Clements decided that she would be assigned to a probation officer that would check in with her frequently. Additionally, Dianna would be restricted from traveling anywhere during the term of her probation, unless otherwise approved in advance by her probation officer and the judge himself. She was instructed to report back to her probation officer every Monday and Wednesday of the ensuing term. Judge Clements strictly warned Dianna that if any of these conditions were violated, she would be sentenced to a term of incarceration.
Gus was arrested for property crime, though he had a vast history of criminal charges that ranged from vandalism and simple assault to various robbery charges. As a youth, he had been involved with a notoriously dangerous gang in the community and had managed to separate ties with the gang once before, after being incarcerated. Unfortunately, Gus also managed to become involved with the gang after his first term of incarceration. As an adult, Gus still mingled with the gang and recently had his eight-year-old son exposed to the requirements of gang membership and initiation procedures. Judge Clements was also in charge of overseeing this case. Upon reviewing Gus's past history with crime and his continued involvement with the gang, Judge Clements decides that Gus needs to serve a prison term and then be released to a parole officer after he serves the majority of his sentence. He instructed Gus that he would be placed with Adam, an officer known for being especially strict with his parolees. Judge Clements instructed Gus that, once granted parole, he would no longer be able to associate with the gang or any of its members. The judge vowed to protect the future of Gus's son and to keep him from becoming involved with the gang; toward this end, he placed him in an afterschool program for children in the area. Judge Clements also made it clear that Gus would need to go to counseling and would be required to participate in a work program to help him ensure successful employment after his parole sentence. He strictly warned Gus that if any of the conditions were violated, he would personally place Gus back in prison.
1. Which individual received standard conditions, and which received special conditions?
Dianna received standard conditions, which anyone in the jurisdiction would receive. Meanwhile, Gus received special conditions because of his past history with crimes and gang affiliation.
2. Is the gender of the offenders in each of these situations an accurate depiction of the types of community supervision offenders usually receive?
Yes. Most frequently, women are granted probation, and men are granted parole. This may result from the fact that men generally are sentenced to prison terms more frequently than their female counterparts.
3. Which offender do you believe has the greatest chance of leading a crime-free life upon release?
This answer is entirely open to students and their opinions. Either would be an acceptable answer. Dianna has not had a criminal history, so she may have an easier time returning to life without crime, but she also could have a problem with drug addiction. She was not sentenced to attend rehabilitation, which may mean that her drug addiction goes untreated. Gus, on the other hand, has a long history with crime. Students could reasonably assume that he would have trouble securing employment or avoiding members of the gang, but he also is receiving more treatment and assistance than Dianna is.
Chapter 13 - Issues in Community Supervision
Case study
Natalie Pearl briskly carries a stack of files over to the desk by the window overlooking the downtown area of the crowded city. She wipes sweat off of her face and continues talking with Victor Esperanza, the new officer, before heading down the hallway to take her lunch. As she hears the boss calling her name, she shoves the rest of her sloppily made turkey sandwich back into its bag and rushes to his office. He asks her to close the door and informs her of yet another new case she has been assigned. Her boss, Jack Holloway, instructs her to follow the guidelines provided by the sentencing judge, but makes it clear that she has some discretion in the conditions that the offender will need to meet. She opens the case and reads the following details about her client.
Case number: 30338187
Client name: Allen Parks
Age: 21
Gender: Male
Offense(s): Public intoxication and simple assault
Guidelines provided by Judge Anderson: Mr. Parks was arrested on the night of July 27 after causing a scene at a local bar. Although this was his first offense as an adult, Mr. Parks has been in trouble with the law as a juvenile and I am wary that he may continue a life of crime if not helped now. He has had issues in the past with alcohol dependency and other drug use, but has made efforts to improve both of these problems. I do not want to see him punished harshly, but hope that he can receive the proper guidance and supervision that he needs. Please ensure that he meets with you at least twice weekly and that he does not move or go on any vacations without your approval beforehand. For the first two months, I want him to be monitored with a GPS to ensure that he does not get into contact with the individual he was physically assaulting again. He is to serve this sentence for the next four months and you may impose any additional conditions as you please, so long as they do are not excessive and do not violate his rights. If you have any questions, please feel free to talk with me and update me biweekly on his progress.
The Honorable Judge Liam Anderson
1. Is Officer Pearl a probation or parole officer? How can you tell?
She is a probation officer because she follows the guidelines of the sentencing judge and has to report to him. A parole officer, conversely, would report to the paroling authority.
2. What are some of the advantages and disadvantages of using a GPS system as a method of control?
Some advantages are the fact that it does not require the offender to have a land-line telephone in his or her residence, it has been shown to positively alter the behavior of those who comply with the program, and it allows the offender to work while still being monitored. A few of the disadvantages are that the signal cannot be tracked inside large buildings, the initial and replacement costs are high, and their use is limited to areas with good quality cellular telephone coverage. There are additional advantages and disadvantages that students may provide, as included in Table 13.2.
3. Which management model was being used?
The casework model, which employs a single officer, was being used, as Officer Pearl was directed to monitor Mr. Parks on her own.
Chapter 14 - The Juvenile Justice System
Case Study
Alexis was recently taken into juvenile court for truancy after missing school for over a month. The 16-year-old claims that she was ill, but was unable to provide any legitimate doctor's notes that would support her claims. Her parents were present, but their minds seemed to be somewhere else as their eyes stared right past their daughter. While talking with a probation officer, Alexis reported that she had previously tried running away and did not enjoy going to school anymore. The concerned officer decided to help by figuring out what had triggered Alexis to avoid going to school and promised that she would find her help, even if it just meant hiring a tutor with whom Alexis could work.
Meanwhile, in the same court, Finn was waiting to see whether the judge would allow him to leave with his grandmother, his legal guardian, or place him in detention. Finn was recently apprehended for the second time for engaging in a robbery at a liquor store. Though only 15 years old, Finn has been guided by the teachings of his brothers in a notorious gang. He has stopped going to school, and frequents the neighborhood at night with the gang instead of coming home for dinner with his grandmother. Finn was abandoned by his birth mother, and his father had never been in the picture for very long, except for the occasional visit on random childhood events. He has only ever been able to rely on his grandmother, and she is fearful that he is going down the wrong path. As a young child, he was successful in school and regularly earned grades of A and B, but as an older child, he stopped caring and started to fail out of school.
1. What was Alexis guilty of? Can her probation officer help her?
She is guilty only of a status offense, and the probation officer can probably secure her the attention and help she needs from community resources.
2. At what stage was Finn in the juvenile court process? What are the possible outcomes of this decision?
Since he was awaiting the judge's decision on detention, Finn was at the detention phase. The potential outcomes are that Finn will be released to his grandmother, placed in secure detention, or placed in nonsecure detention and allowed to attend school.
3. What were some of the likely motives for Finn's membership with the gang?
Finn had largely been abandoned by his parents, and even though he was cared for by his grandmother, he may have been searching for other areas of acceptance. Additionally, he had essentially been rejected by the school system and felt that gang membership was an area for him to rebel against traditional middle-class values.
Chapter 15 - Discharge and Developments
Case Study
Samantha, a single lawyer in her forties, turned the corner toward her blue Victorian house and reached down to pet Charlie, the orange cat that commonly frequents her property. After tripping over a gardening hoe, Samantha reaches the mailbox that is just past the picket fence with ivory leaves cascading around the posts. She grabs her mail and sends a friendly wave to her neighbor, Mr. Hardy, before looking at the bright blue security sign on the corner of her yard. She ponders its ugly existence on her beautiful landscape. Before entirely disregarding its importance, Samantha remembers why she needs it there, as last year she was present when two young males entered her home and sent her to the hospital. Looking back, it seems like a bad nightmare. Then Samantha gazes up at her front porch at the huge German Shepherd who awaits his treats. She runs past her azaleas and the two willow trees that provide privacy from the wandering eyes of neighbors. For the first time in her life, Samantha feels entirely safe while living on her own. She belongs to a Neighborhood Watch program and followed the advice of neighbors who insisted that she purchase a security system and acquire a guard dog for protection. After her run in with the burglars last year, Samantha followed their advice and rescued her dog from the pound. Dexter, her dog, was a few years old and has grown very attached to Samantha, which makes her feel safer.
Once she gets inside her house, Samantha grabs a glass of lemonade and opens her mail, which seemingly contains post cards from friends and a notice from the bank. A prominent lawyer with a successful conviction rate, Samantha knows that she has paid all of her bills and earns an impressive salary. Her confusion turns to alarm when she opens the notice and realizes that her account has been emptied and the account history details a recent history of expensive purchases she did not make.
1. Are most individuals who participate in Neighborhood Watch programs similar to Samantha in demographics? If not, why?
Yes, most neighborhood watch participants are usually older, educated women who have previously been victimized and live alone.
2. While Samantha was busy seeking protection from traditional crimes, what does she appear to have been victimized by?
Samantha was most likely a victim of identity theft, as somebody stole information about her that enabled the criminals to use her credit card without her knowledge.
3. What more can be done to protect individuals from cybercrimes such as identity theft?