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Handbook o f Criminal Justice Administration PUBLIC ADMINISTRATION AND PUBLIC POLICY A Comprehensive Publication Program Executive Editor JACK RABIN Professor of Public Administration and Public Policy School of Public Affairs The Capital College The Pennsylvania State University-Harrisburg Middletown, Pennsylvania Public Administration as a Developing Disc@line (in t w o parts), Robert T Golembiewski Comparative National Policies on Health Care, Milton I Roemer, M.D Exclusionary Injustice: The Problem of Illegally Obtained Evidence, Steven R Schlesinger Personnel Management in Government: Politics and Process, Jay M Shafritz, Walter L Balk, Albert C Hyde, and David H Rosenbloom Organization Development in Public Administration (in t w o parts), edited by Robert T Golembiewski and William B Eddy Public Administration: A Comparative Perspective, Second Edition, Revised and Expanded, Ferrel Heady Approaches to Planned Change (in t w o parts), Robert T Golembiewski Program Evaluation at HEW (in three parts), edited by James G Abert The States and theMetropolis, Patricia S Florestano and Vincent L Marando 10 Personnel Management in Government: Politics and Process, Second Edition, Revised and Expanded, Jay M Shafritz, Albert C Hyde, and David H Rosenbloom 11 Changing Bureaucracies: Understanding the Organization Before Selecting the Approach, William A Medina 12 Handbook on Public Budgeting and financialManagement, editedby Jack Rabin and Thomas D Lynch 13 Encyclopedia of Policy Studies, edited by StuartS Nagel 14 Public Administration and Law: Bench v Bureau intheUnitedStates, David H Rosenbloom 15 Handbook on Public Personnel Administration and Labor Relations, edited by Jack Rabin, Thomas Vocino, W Bartley Hildreth, and Gerald J Miller 16 Public Budgeting and finance: Behavioral, Theoretical, and Technical Perspectives, Third Edition, edited by Robert T Golembiewski and Jack Rabin 17 Organizational Behavior and Public Management, Debra W Stewart and G David Garson The Politics of Terrorism: Second Edition, Revised and Expanded, edited by Michael Stohl 19 Handbook of Organization Management, edited by William B Eddy 20 Organization Theory and Management, edited by Thomas D Lynch 21 Labor Relations in the Public Sector, Richard C Kearney 22 Politics and Administration:WoodrowWilson and American Public Administration, edited by Jack Rabin and James s Bowman 23 Making and Managing Policy: Formulation, Analysis, Evaluation, edited by G Ronald Gilbert 24 Public Administration: A Comparative Perspective, Third Edition, Revised, Ferrel Heady 25 Decision Making in the Public Sector, edited by Lloyd G Nigro 26 Managing Administration, edited by Jack Rabin, Samuel Humes, and Brian S Morgan 27 Public Personnel Update, edited by Michael Cohen and Robert T Golembiewski 28 State and Local Government Administration, edited byJack Rabin and Don Dodd 29 Public Administration: A Bibliographic Guide to the Literature, Howard E McCurdy in Government: Politics and Process, Third 30 Personnel Management JayM Shafritz, Albert C Hyde, and Edition, Revised Expanded, and David H Rosenbloom Rabin 31 Handbook of Information Resource Management, editedbyJack and Edward M Jackowski 32 Public Administration in DevelopedDemocracies: A Comparative Study, edited by Donald C Rowat 33 The Politics of Terrorism: Third Edition, Revised and Expanded, edited by Michael Stohl 34 Handbook on HumanServices Administration, edited by Jack Rabin and Marcia B Steinhauer 35 Handbook of Public Administration, edited by Jack Rabin, W Bartley Hildreth, and Gerald J Miller 36 Ethicsfor Bureaucrats: An Essay onLaw andValues, SecondEdition, Revised and Expanded, John A Rohr 37 The Guide to the Foundations of Public Administration, Daniel W Martin 38 Handbook of StrategicManagement, editedby Jack Rabin, Gerald J Miller, and W Bartley Hildreth and Management: Policy and Administration, 39 Terrorism Emergency William L Waugh, Jr 40 OrganizationalBehavior and Public Management: Second Edition, Revised and Expanded, Michael L Vasu, Debra W Stewart, and G David Garson 41 Handbook of Comparative and Development Public Administration, edited by Ali Farazmand 42 Public Administration:AComparative Perspective, FourthEdition, Ferrel Heady 43 Government Financial Management Theory, Gerald J Miller 44 Personnel Management Government: in Politics and Process, Fourth Edition, Revised Expanded, and Jay M Shafritz, Norma M Riccucci, David H Rosenbloom, and Albert C Hyde 45 Public Productivity Handbook, edited by Marc Holzer 46 Handbook of Public Budgeting, edited by Jack Rabin Ex 47 labor Relations inthe Public Sector: SecondEdition,Revisedand panded, Richard C Kearney 48 Handbook of Organizational Consultation, edited by Robert T Golem biewski 49 Handbook of CourtAdministration and Management, editedby Steven W Hays and Cole Blease Graham, Jr 50 Handbook of Comparative Public Budgeting and Financial Management, edited by Thomas D Lynch and Lawrence L Martin 51 , Handbook o f Organizational Behavior,edited by Robert T Golembiewski 52 Handbook of Administrative Ethics, edited by Terry L Cooper 53 Encyclopedia of Policy Studies: Second Edition, Revised and Expanded, edited by Stuart S Nagel 54 Handbook of Regulation and Administrative Law, editedby David H Rosenbloom and Richard D Schwartz 55 Handbook of Bureaucracy, edited by Ali Farazmand by Jack Rabin, 56 Handbook of Public Sector labor Relations, edited Thomas Vocino, W Bartley Hildreth, and Gerald J Miller 57 Practical Public Management, Robert T Golembiewski Personnel Administration, edited by Jack Rabin, 58 Handbook of Public Thomas Vocino, W Bartley Hildreth, and Gerald J Miller A Perspective, Fifth Edition, Ferrel 59 Public Administration: Comparative Heady 60 Handbook of Debt Management, edited by Gerald J Miller 61 Public Administration and Law: Second Edition, David H Rosenbloom and Rosemary O'Leary 62 Handbook of Local Government Administration, edited by John J Gargan 63 Handbook of Administrative Communication, edited by James L Garnett and Alexander Kouzmin 64 Public Budgeting andFinance: FourthEdition, Revised and Expanded, edited by Robert T Golembiewski and Jack Rabin 65 Handbook of Public Administration: Second Edition, edited by Jack Rabin, W Bartley Hildreth, and Gerald J Miller 66 Handbook of Organization Theoryand Management: The Philosophical Approach, edited by Thomas D Lynch and Todd J Dicker 67 Handbook of Public Finance, edited by Fred Thompson and Mark T Green 68 Organizational BehaviorandPublic Management:ThirdEdition, Revised and Expanded, Michael L Vasu, Debra W Stewart, and G David Garson 69 Handbook of Economic Development, edited by Kuotsai Tom Liou 70 Handbook of Health Administration and Policy, edited by Anne Osborne Kilpatrick and James A Johnson in Public Administration, edited by 71 Handbook of Research Methods Gerald J Miller and Marcia L Whicker 72 Handbook on Taxation, edited by W Bartley Hildreth and James A Richardson 73 Handbook of Comparative Public Administration in the Asia-Pacific Basin, edited by Hoi-kwok Wong and Hon S Chan 74 Handbook of Global Environmental Policy and Administration, edited by Dennis L Soden and Brent S Steel 75 Handbook of State Government Administration, edited by John J Gargan 76 Handbook of Global Legal Policy, edited by Stuart S Nagel 77 Handbook o f Public Information Systems, edited by G David Garson 78 Handbook o f Global Economic Policy, edited by Stuart S Nagel Second Edition, Revised and 79 Handbook of Strategic Management: Expanded, edited by Jack Rabin, Gerald J Miller, and W Bartley Hildreth 80 Handbook of Global International Policy, edited by Stuart S Nagel 81 Handbook of Organizational Consultation: SecondEdition,Revisedand Expanded, edited by Robert T Golembiewski 82 Handbook of Global Political Policy, edited by Stuart S Nagel 83 Handbook of Global Technology Policy, edited by Stuart S Nagel 14dditional Vohmes in Preparation Handbook of Global Social Policy, edited by Stuart S Nagel andAmy Robb Handbook of OrganizationalBehavior:SecondEdition,Revisedand panded, edited by Robert T Golembiewski Ex- Handbook of Administrative Ethics: Second Edition, Revised and Expanded, edited by Terry L Cooper Handbook of Public Quality Management, Peter M Leitner edited by Ronald J Stupak and Handbook of Criminal Justice Administration, edited by Ton1 DuPontMorales, Michael K Hooper, and Judy H Schmldt LaborRelations in thePublicSector:ThirdEdition, Kearney edited by Richard C Handbook of Crisis and Emergency Management, edited by Ali Farazmand Handbook of Public Management Practice and Reform, Tom Liou edited by Kuotsai Handbook of Comparative and Development Public Administration: Second Edition, Revised and Expanded, edited by Ali Farazmand Principles and Practices Public Administration[on-line text], edited by Jack of Rabin, Robert Munzenrider, and Sherrie Bartell " "" " " Public Administration: A ComparativePerspective, and Expanded, Ferrel Heady Sixth Edition, Revised ANNALS OF PUBLIC ADMINISTRATION Public Administration: History and Theory in Contemporary Perspective, edited by Joseph A Uveges, Jr Public Administration Education in Transition, edited by Thomas Vocino and Richard Heimovics Centenary Issues of the Pendleton Act of 1883, edited by David H Rosenbloom with the assistance of Mark A Emmert Intergovernmental Relations in the 8 ~ ~ edited by Richard H Leach Criminal Justice Administration: Linking Practice and Research, edited by William A Jones, Jr Handbook o f Criminal Justice Administration edited by M A DuPontdMorales Michael K Hooper Judy H Schmidt Penn State University-Harrisburg Middleto wn, Pennsylvania MARCEL MARCEL DEKKER, INC D E K K E R NEW YORK BASEL ISBN: 0-8247-0418-5 This book is printed on acid-free paper Headquarters Marcel Dekker, Inc 270 Madison Avenue, New York, NY 10016 tel: 212-696-9000; fax: 212-685-4540 Eastern Hemisphere Distribution Marcel Dekker AG Hutgasse 4, Postfach 812, CH-4001 Basel, Switzerland tel: 41-61-261-8482; fax: 41-61-261-8896 World Wide Web http://www.dekker.com The publisher offers discounts on this book when ordered in bulk quantities For more information, write to Special Sales/Professional Marketing at the headquarters address above Copyright 2001 by Marcel Dekker, Inc All Rights Reserved Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, microfilming, and recording, or by any information storage and retrieval system, without permission in writing from the publisher Current printing (last digit): PRINTED IN THE UNITED STATES OF AMERICA Preface The enforcement of laws and the numerous tasks involved in establishing and maintaining civility in our communities are daily challenges to the criminal justice system The administration of justice has become a series of competing mandates that demand bravery, accountability, and service The administration and management of the criminal justice system have grown more complex for law enforcement, courts, corrections, and victim services The purpose of this volume is to review the historical foundation for the current agenda and develop a strategy for the future of criminal justice administration Criminal justice now answers to local and global decrees regarding safety and professional service Along with these societal demands, the administration of justice is mandated to be efficient, effective, and ethical Research and academia have embraced a collaborative spirit because technology and scientific advancements have developed explanations for patterns of criminal behavior Ironically, as the system advances so does the criminal element, and formulation of strategies to address this reality is a constant challenge Criminal justice administration requires versatility to address the situational dimensions between criminals and those they victimize This volume is edited to address the numerous perspectives that make up criminal justice administration: prevention, intervention due process, marginalized populations, international consequences, and the demand for professionalism Part I contains foundational pieces and is appropriately titled Global and Comparative Perspectives The quintessential topic of ethics is examined within the context of the criminal justice system's three principal components; police, courts, and corrections.Trends in crime are examined, as are historical explanations iii Technology in Administration 407 Another area of concern transpires from the “supersleuth” capabilities of some high-technology items As high-tech gadgetry becomes more commonplace in criminal justice agencies, we can be sure that the courts will be kept busy in keeping an eye open to potential violations of individual rights B The Effect of High-Technology on Individual Rights The Office of Technology Assessment of the US Congress notes that ‘‘What is judicially permissible and socially acceptable at one time has often been challenged when technology changes.” Cutting-edge technology, when used by agencies of the criminal justice system, inevitably brings up fears of an Orwellian future in which the rights of citizens are abrogated to advancing science Individual rights, equal treatment under the law, and due process issues all require constant reinterpretation as technology improves However, because some of the technology available today is so new, few court cases have yet to address directly the issues involved Even so it is possible to identify areas that hold potential for future dispute Technology and the Fourth Amendment The Fourth Amendment to the US Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Given the electronic network that permeates contemporary society, today’s “houses” are far less secure from prying eyes than were those of the 1700s Modern dwellings are linked to the outside world through phone lines, modems, fax machines, electronic mail, and even direct radio and television communications One highly significant question centers on where the “security” of the home ends and the public realm begins Complicating matters still further are today’s “supersnoop” technologies that provide investigators with the ability literally to hear through walls (using vibration detectors), listen into conversations over tremendous distances (with parabolic audio receivers), and record voices in distant rooms (via laser readings of windowpane vibrations) Another question concerns the Fourth Amendment’s guarantee of secure “papers and effects.’’ The phrase “papers and effects” takes on a much wider meaning when we enter the world of modern technology Although the framers of the Constitution could not envision electronic databases, for example, their admonition would seem to apply to such records Databases may already be the repositories of more information than is routinely stored on paper Tax listings, records of draft registrants, Social Security rolls, health reports, criminal histories, credit bureau ratings and government and bank logs all contain billions of items Coleman 488 of information on almost every man, woman, and child in the country Most agree that official access to such information should be limited A report to the US Congress asks “whether the new technology is making everyone subject at all times to an electronic search even where traditional police searches would require a warrant issued on the basis of probable cause.” A third question centers on the privacy of various kinds of information, the proper legal steps to be used in acquiring information for investigative purposes, and the types of information that can be appropriately stored in criminal justice data repositories The kinds of information that can be appropriately stored in criminal justice databases, along with considerations of who should have access to such data, are both legal and ethical questions In 1974 the Justice Department established the 1-year rule, prohibiting the FBI from disseminating criminal records more than a year old The Department was concerned about the potential for inaccuracy in older files Even “official” records may be misleading or incomplete A study of FBI criminal records databases, for example, recently concluded that about 50% of arrest entries not show the disposition of cases (Schmalleger, 1993) Inquiring agencies using such records could be falsely misled into prejudging the “guilt” of an offender against whom earlier charges had been dropped The same study also found that as many as 20% of the arrest-dispositional data contained in FBI records might be erroneous Evidence seized as the result of an arrest based upon inaccurate NCIC information can be suppressed (United State v Muckey, 387 F Supp 1121, 1125 [D Nev 19751) Half of all requests for criminal records made to the FBI, however, are from employers and licensing agencies If an applicant is refused employment or rejected for licensing (or bonding) on the basis of criminal record inaccuracies, he or she may suffer needlessly Database management in criminal justice agencies is not an area that has been directly addressed by the US Supreme Court A number of lower courts have held that criminal justice agencies have a duty to maintain accurate and reliable records In one important decision, the Federal Court of Appeals for the District of Columbia found, in Menard v Saxbe (1974), that the FBI has a duty to be more than a “mere passive recipient” of records The court held that it is the duty of the FBI to avoid unnecessary harm to people listed in its files (Solimine, 1975) In answer to its critics, the FBI has implemented NCIC-2000: a study designed to introduce more than 60 upgrades to the agency’s computer operations (Sessions, 1989) Technology and the Fifth Amendment The Fifth and Fourteenth Amendments to the Constitution require that the accused be accorded the opportunity for “due process of law” prior to the imposition of any criminal sanction Due process necessitates a presumption of inno- Technology in Administration 489 cence, and lawful prosecutions must proceed according to the standards of the Sixth Amendment The greatest potential threat to the due process guarantee may come not from the physical sciences but from psychology, sociology, and other social scientific approaches to the study and prediction of human behavior Social science research generally involves the observation of large numbers of individuals, often in quasiexperimental settings Marly studies produce results of questionable validity when applied to other settings Even so, the tendency has been for social scientists to create predictive models of behavior with widely claimed applicability Worse still, legislatures and criminal justice decisionmakers have often been quick to adopt them for their own purposes Behavioral models, for example, are now used to tailor sophisticated law enforcement investigations, such as those based on the FBI's criminal profiling program Statutory guidelines (The Bail Reform Act of 1966), including, the Federal Sentencing Guidelines (U.S Sentencing Commission, SentencingGuidelines and Policy Statements, submitted to Congress April 13, 1987) (Schmalleger, 1993), are written with an eye to predictive frameworks that allegedly rneasure the danger potential of certain types of offenders This growing use within the justice system of behavioral models demonstrates a heightened faith in the reliability of the social sciences but also holds the danger of punishment in anticipation of a crime The major threat from the social sciences to individual rights comes from the tendency they create to prejudge individuals based upon personal characteristics rather than facts Persons who fit a conceptual profile defined as dangerous may be subject to investigation, arrest, conviction, and harsh sentences solely on the basis of scientifically identified characteristics In effect, some social scientific models may produce a veiled form of discrimination This is especially true when the predictive factors around which they are built are mere substitutions for race, ethnicity, and gender As an example, some early predictive models from studies of domestic violence tended to show that, among other things, the typical offender was male, unemployed or with a record of spotty employment, poorly educated, and was abused as a child and/or came from a broken home Because many of these characteristics also describe a larger proportion of the nation's black population than they whites, they created a hidden tendency to accuse black males suspected of such offenses and sometimes to suspect them even when they were not accused With these considerations in mind, social scientific models may nonetheless prove to be useful tools The most acceptable solution would be to treat individuals on a case-by-case basis, looking to the general predictive models of social science only for guidance once all the facts became known The Fifth Amendment raises a second issue situated outside the realm of social science The amendment reads: "No person shall be held to answer for a """"""""" "- " Coleman 490 capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, nor shall be compelled in any criminal case to be a witness against himself.” Statements made under hypnosis or during psychiatric examination are generally protected by court decision and are not available as evidence at trial (Estelle v Smith, 451 U.S 454 [198l]) However, modern technological procedures appear to make self-incrimination a possibility even in the absence of any verbal statements The Supreme Court has held that suspects must submit to bloodalcohol tests under certain circumstances (Schrnerber v California, 384 U.S 757, 86 S.Ct 1826, [ 19661) and that samples of breath, semen, hair, and tissue may also be taken without consent when the procedures used not “shock the conscience” (Rochin v California, 342 U.S 165 [1952]) Technological advances over the next few decades are anticipated to increase the potential for incriminating forms of nontestimonial evidence Technology and the Sixth Amendment The Sixth Amendment guarantees the right to a public trial by an impartial jury The meaning of the words “public” and “impartial,” however, have been rendered ambiguous by advancing technology Are public trials ones in which TV cameras should be allowed? Would broadcasts of trials be permissible? Although courts in some jurisdictions now allow video recordings of trials with great public interest, courts at higher levels have yet to address the questions Consider the O.J Simpson trial as an answer to these questions as well Cable TV channels presently carry a regularly scheduled program entitled “Court TV.” Actual trials are shown with intermittent commentators providing comments and explanations There have not been any significant studies done to show the long-term affect on public viewing The public either enjoys these type of productions or has not yet protested in significant enough numbers to affect the rating and continuation of the show A greatly expanding area in the adversarial system of litigation is the use of jury selection techniques, through which lawyers attempt to choose jurors likely to be predisposed to a finding in favor of their client This type of technology seeks to predict jury decisions based on an evaluation of the social, economic, ethnic, and demographic makeup of the individual jurors Using jury selection techniques, some lawyers attempt to choose jurors who are likely to be inclined to a finding in favor of their client The US Supreme Court has yet to address this issue The Sixth Amendment also allows an accused person to “be confronted with the witnesses against him.” Some courts now permit only an indirect confrontation through the use of television, videotapes, and the like Abused juveniles, for example, appear to jurors in some jurisdictions only on television Technology in Administration 491 screens to spare very young and/or frightened juveniles the trauma and embarrassment of the courtroom and coming face-to-face with the accused Although such strategies may appear to circumvent the Sixth Amendment, they are also complicated by those who believe that a frightened witness is not a dependable witness and that such technological strategies usually involve mostly juveniles who are witnesses We have now reached a point of determining how far we are going to proceed in defining the word “public.” Is this an injustice to the defendant to have all of his or her life exposed for nationwide viewing and analysis? Will we be extending the word “public” to mean any focus of attention or circumstance in the criminal justice system? Several such issues, as well as televising executions and real prison life and conditions, will be approaching discussion tables soon The criminal justice system is in the midst of either submitting to the new era of technology or staying with old methods of deterrence that have not been proven effective What part will television and other media play in the theories of deterrence and rehabilitation, if any? The time to answer these questions is now, before any more prisons are built, executions are held, and before we are submerged into the new millennium TheEighthAmendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” reads the US Constitution What is considered “cruel and unusual punishment?” To whom does it apply, and how has this amendment been influenced by the advancement of technology? Modern technology hosts the possibility of new treatments for the criminal offender These treatments may be considered punishments because they are imposed upon unwilling subjects These new treatment proposals or punishments include drug and hormone therapy to reduce the male sex drive, treatment of alcoholism, and surgical procedures including castration and lobotomy Criminal offenders may be offered a choice between long prison terms and a chemical or surgical remedy Two innovative drugs already in use are Antabuse and Depo-Provera Antabuse is utilized in the treatment of alcoholics It produces nausea and vomiting when alcohol is ingested Depo-Provera is the trade name given by the Upjohn Company to its brand of medroxyprogesterone acetate, a synthetic form of the female hormone progesterone Depo-Provera has been shown to reduce the male sex drive and is sometimes administered to sex offenders by court order A recent survey found that 14% of rehabilitative programs across the nation specializing in the treatment of adult sex offenders had used Depo-Provera on an experimental basis (Criminal Justice Newsletter, 1986) Drugs such as Antabuse and Depo-Provera and surgical procedures includ- Coleman 492 ing castration and lobotomy may run afoul of the Eighth Amendment’s ban on cruel and unusual punishment In most cases where these alternative treatments are contemplated by the court, criminal offenders are offered a choice between prison and a chemical or surgical remedy The American Civil Liberties Union (ACLU), however, has argued that the use of Depo-Provera and other drugs in the treatment of criminal offenders is a form of coercion The ACLU claims that the offered alternative, prison, is so dangerous and feared as to force acceptance of any other choice (Schmalleger, 1993) As with many such emerging issues, drugs like Antabuse and Depo-Provera have not been subject to Supreme Court scrutiny A few lower court cases have, however, begun to provide some general guidance in judging what treatments are permissible For example, in the 1970 case of HoZt v Sawer, 309 F Supp 362 (E.D Ark 1970), the federal court defined cruel and unusual punishment to be one that is “shocking to the conscience of reasonably civilized people.” Having made such definition, federal courts have yet to address whether chemical castration and other drug and hormone treatments fall into that category One of the questions that has been argued over and over again, and sometimes unsuccessfully, is whether inmates are afforded the individual right of deciding their own type of punishment However, technology has advanced to the point of affecting not only inmates but also defendants convicted and sentenced to inhouse confinement and monitoring Using electronic bracelets, these defendants are restricted in their public movement Some have complained that this is an invasion of their privacy The issue is not so much of the convicted’s individual right, as it is how these new devices are used Unofficial evidence and recent observation are showing that the use of such devices that permit the offender to remain at home wearing monitored electronic ankle bracelets has been solely with white offenders who are sentenced to probation instead of incarceration This may seem to appear as racially discriminatory to minorities Yet mostminorities cannot afford the more diligent and expensive attorneys who are more likely to spend the time defending the offender’s option to remain at home with electronic monitoring devices It has beensuggested also that most minority offenders are unemployed or frequently unemployed and have no solid community foundation upon which to rely and, therefore, are seen by the courts as a high risk for escape or breaking parole Technology and the Fourteenth Amendment Section One of the Fourteenth Amendment to the US Constitution concludes with the phrase, “NO State shall deny to any person within its jurisdiction the equal protection of the laws.” Modern technology, because it is expensive and often experimental, is not always equally available Criminal justice programs, which depend upon technology that is limited in its availability, may contravene Technology in Administration 493 this Fourteenth Amendment provision Court-ordered confinement, for example, which utilizes electronic monitoring and house arrest is an alternative much preferred by offenders The technology supporting such confinement is, however, expensive, which dramatically limits its availability Although the Court has yet to address this particular topic, it has ruled that programs requiring the offender to bear a portion of the cost of confinement are unconstitutional when their availability is restricted only to those offenders who can afford them (Benrden v Georgia, 41 U.S 660 [1983]) The concern here is not the issue of an offender bearing a portion of thecost, but how offenders are chosen to participate in certain programs, new experiments, and the like When a person’s freedom is at stake, many factors are measured in ensuring that due process is afforded to each defendant Using new methods of monitoring and experimental procedures does not always follow proper guidelines for the protection of individual rights and, thus, can be made available to a select few We can expect such types of challenges to appear be:fore the high courts very early in the 21st century VI THE FUTURE OF TECHNOLOGY IN CRIMINAL JUSTICE Perpetual efforts to find and develop new techniques are now confronting the criminal justice system New techniques are constantly being developed Soon, through the use of genetic algorithms (mathematical models), a computerized composite image of a suspect’s face will be constructed from relatively little information (Senna and Siegal, 1996) Digitization of photographs will enable the reconstruction of blurred images Videotapes of bank robbers or blurred photos of license plates, even bite marks, can be digitized using highly advanced mathematical models An artificial intelligence system, based on the thinking processes of the department’s most experienced and competent personnel, will one day be used to guide investigations and solve problems Communications will also change rapidly as mobile digital terminals (MDTs) become common Officers will enter reports directly into the department’s mainframe computer Digital dictation systems will let officers transmit reports by cellular phones, which will be stored until a data entry operator types the report directly into the departmental information system New breeds of fingerprint analysis will soon be available The FBI plans to create an Integrated Automated Fingerprint Identification System to allow local departments to scan fingerprints, send them electronically to a national depository, and receive back identification and criminal history of suspects (Senna and Siegal, 1996) Some states with large metropolitan cities have already implemented an experimental phase of this system 494 Coleman By 2000, police departments will be relying more heavily on the new technologies for investigation efficiency The use of improved computer-based recordkeeping and long-range electronic surveillance devices may pitmodernized police agencies against civil libertarians who fear the power police have to intrude into the private lives of citizens (Sienna and Siegel, 1996) Technological innovations not necessarily signal “smooth sailing.’’ The speed with which justice agencies successfully adapt to the opportunities brought by technology may be limited Some writers have observed that “law enforcement has been slow to utilize new technology.” A study by the International Association of Chiefs of Police found that only 10% of police departments are innovative in their use of computers (Tafoya, 1986) Factors that prevent criminal justice agencies from successfully adapting available high technology include (a) the rapid rate of change in most technologies, (b) a lack of personal experience and technological knowledge by decisionmakers, (c) uncertainty as to the future legal acceptability and social applicability of specific technologies, (d) the known or suspected inability of some high-technology vendors to deliver the products they advertise, and (e) the immobilizing plethora of too many options and choices (Rodrieguez, 1993) The future in technology for criminal justice depends largely on the changing pattern of crime Three factors contribute to the changing nature of crime: (a) the rise of technology, (b) the distribution and use of narcotics, and (c) a declining population in the 15-24-year age bracket Crimes of data manipulation, software piracy, industrial espionage, bank card counterfeiting, and embezzlement by computer will undoubtedly expand Both young and old hackers are already breaking into computer systems of major corporations and obtaining credit card, telephone, and account information Others have used theinformation superhighway for even more nefarious crimes, such as enticing children for sexual purposes The traditionally illegal means of obtaining funds (e.g robbery and burglary) will probably tend to fade away The new crimes, spawned by high technology, will require the development of new investigative techniques, specialized training for police investigators, and the employment of individuals with specialized, highly technical backgrounds (Peak, 1997).The abuse of narcotics is spreading in numbers and throughout various social classes, continuing to demand an everincreasing amount of police time and resources It is important to remember that the police cannot control the problem alone The decline in the size of the 15-24-year-old cohort, the crime-prone youth of our society, has significantly affected crime rates in the United States We are witnessing a decline in several types of crime, although crimes of violence are still increasing The growing numbers of crime-prone youths in our metropolitan areas virtually ensure that high crime rates will continue in the inner city (Peak 1997) However, a new wave of violent serial killers has intruded into our more Technology in Administration 495 affluent and suburban communities We have witnessed this new wave from the recent school shootings throughout the country Schools have armed themselves with the latest technology for detecting weapons and drugs brought into the school environment Quiet, serene neighborhoods are being shocked into a violent reality that crime can happen anywhere at any time This high-speed technological revolution will introduce new weapons for criminals and the police alike Much exciting research and development are underway, with many promising inventions on the horizon A system is being developed to allow officers to remove the equipment from the patrol car for use outside with a battery pack Some patrol cars are also being equipped with satellite dishes, mounted on the ro,ofs, to improve vastly the quality and speed of communications (‘‘Taking 120 M[egabytesOut of Crime”, Law Etzforcement News, May 15, 1994) The police will also be using a computerdriven system named Lifeguard to track bullets in flight from their source Lifeguard could aid police during incidents involving snipers, riots, VIP protection, and many other situations that could involve random gunfire (“Ballistics Technology on Track”, Law Enforcement News, June 15, 1994) On a more personal front, it is suggested that all homes and businesses will be linked to a central dispatch system in a police-approved, computer-based remote linkage system that will combine burglar and fire alarms Clyde L Cronkhite, a deputy chief and member of the Los Angeles Police Department’s “Forum 2000,” a group of “voluntary future-watchers,” sees the future of policing differently The 21 st century cop may patrol by means of jet backpack flight equipment, and officers will be able to tie in to language banks of translators via their wrist radios Holographic (three-dimensional) photography may be used for mug photos and satellite photography will probably be used to assist in criminal investigations Police vehicles will be specially designed to fit police needs, with no unnecessary devices and all electronic equipment built in Private vehicles may have a factory-installed kill-switch to shut off a car’s engine during the pursuit of suspects in high-speed chases This switch can beactivated by depressing a button in a nearby patrol vehicle, thus preventing high-speed pursuits Police officers may eventually spend no time in court, instead transmitting their testimony by home computerhideo systems (Peak, 1997) VII CONCLUSION The criminal justice system of the 21st century will look much like the system we know today It will rest upon constitutional mandates and will be responsive to court precedent The system itself will remain recognizable through its structure of subsystems: the police, courts, and corrections Deterrence, apprehension, and reformation will continue to serve as the philosophical trilogy guiding the _ “ ” ” ” ” ” - - 496 Coleman day-to-day operations of criminal justice agencies New issues will arise, but most of them will be resolved within the context of the question that has guided American criminal justice since its inception: how to ensure public safety while guaranteeing justice in a free society Inevitable changes are about to occur in the fabric of American society, but these will necessitate some predictable large-scale system responses Many demographic, ideological, and behavioral transformations, such as widespread illegal drug use and a greater social acceptance of certain victimless crimes, have already occurred and are now firmly rooted in substantial segments of American society In the area of drugs much is already known Because the battle lines in the “war on drugs” are firmly drawn, a picture of drug abuse and the system response to it can be provided; yet the final outcome of the “war” is still unknown Advancing technology, along with legislation designed to control it, will create crimes never before imagined The future will see a race between technologically sophisticated offenders and law enforcement authorities as to who can wield the most advanced skills on either side of the age-old battle between crime and justice REFERENCES Arkin, S S., et al (1988) Prevention and Prosecution Computer and High Technology of Crime, 3.05 Matthew Bender, New York, NY Barry, J., and Morganthau, T (1994) Soon ‘Phasers On Stun’, Newsweek, February 7, pp 24-25, in Policing America: Methods, Issues, Challenges,2nd ed., K J Peak, ed., Prentice-Hall, Upper Saddle River, NJ, pp 396-397 Bequai, A (1978) Computer Crime, Lexington Books, Lexington, MA, p Berg,M (1994) The structure of monitoring in theprocess of social control, paper presented at the annual meeting of the American Society of Criminology, Miami, p 8-9 Bincher, M (1989) Computers in a small policy agency, FBI Law Enforcement Bull pp 7-9 Bohm, R (1994) Criminal justice in the 21st century, paper presented to the annual conference of the American Society of Criminology, Miami, FL, November 1994, pp 8-9, 22-23 Brown, J (1994) DNA analysis: Asignificant tool for law enforcement, Police Chief 62: 1-52 Colvin, B D (1979) Computer crime investigations: Anew training field, FBI Law Enforcement Bull July Court Oks ’Pain-Compliance’ Techniques (1994).Law Erz$orcentent News, June 15, p Criminal Justice Newsletter (1986) 17: June 16, p Cronkhite, C L (1984) 21st century cop, The National Centurion,April, pp 26-29 and 47-48 Technology in Administration 497 Davis, J (1989) Information at Your Fingertips, Law Order 43: 54-56 Dinitz, S (1987) Coping with deviant behavior through technology, Criminal Justice Res Bull 3: DNA Fingerprinting ID Method May Streamline Investigations (1987) Current Reports, BNA Criminal Practice Manual, l(19): September 23 DNA, the Genetic Crime Fighter (1988) USA Today September 27, p ID Geis, G., and Meier, R F (1977) White Collar Crime, 2nd ed., The Free Press, New York Genetic Fingerprinting Convicts Rapist in U.K (1987) The Globe and Mail November 14, p A3 Georgia Criminaland Trafic Law Manual (1997) Michie, Charlottesville, VA, pp 145147 Gralla, P (1989) Hollywood confidential:PC crime fighters, PC Computing, January: 188 Green, G S ( 990) Occupational Crime Nelson-Hall, Chicago, Illinois Hughes, W J (1988) Congress vs computer crime, In$ormation Executive, l(1): 30-32 IACP 'Aquits' OC Spray in 22 In-custody Deaths (1994) L l Elzforcement News, April cw 30: p Marx, G (1988) Undercover, Police Surveillance in America, University of California Press, Berkeley, CA McMillan, M (1994) High tech enters the field of view, Police Chief 62: 29 McRae, J., and McDavid, J (1988) Computer-based technology in police work: A benefit-cost analysis of a mobile digital communications system, J Criminal Justice 16: 47-55 Miller, J V (1991) The FBI's forensic DNA analysis program, FBI Law Enforcement Bull July: 11 2nd Peak, K J (1997) Policing America: Methods, Issues, Challenges, ed., Prentice-Hall, Upper Saddle River, NJ, pp 396-397 Pen Computing: The Natural 'Next Step' for Field Personnel (1995) Law and Order 43, 1995, p 37, in Introduction to Criminal Justice, 7th ed., J Senna and L Siegal, eds., West Publishing Company, St Paul, MN, 1996 Pizzo, S , Fricker, M., and Muolo, P (1989) Inside Job: The Looting ofAmerica's Savings and Loans, McGraw-Hill, NY, p 284 Prevention and Prosecution o Computer and High Technology Crime 3.05[B] f Rodrieguez, M L (1988) The acquisition of high technology systems by law enforcement FBI Law?Enforce Bull Dec:IO Schmalleger, F (1993) Criminal Justice Toda-y, Second Edition Prentice-Hall, Englewood Cliffs, New Jersey Sessions, W S (1989) The FBI and the challenges of the 21st century, FBI Law Erzforcement Bull 58(1): 1-6 Shubin, L D (1984) Research, testing upgrade criminal justice technology, National Institute of Justice Reports, U.S Government Printing Office, Washington, D.C pp 2-5 Sienna, J., and Siegel, L (1996) Introduction toCrirnirzal Justice, Second Edition Prentice Hall, Englewood Cliffs, New Jersey Solimine, L F (1975) Safeguarding the accuracy of FBI records: A review of Menard v Suxbe and Tarlton v Saxbe, Univ Cincinnati Law Rev 44: 325, 327 -. _ - x " , " -,".-." _ _ I _ " " " " " " " 498 Coleman “South Side Strangler” Execution Cited As DNA Evidence Landmark (1994) Crirninal Justice Newsletter 25 May 2, p Stone, B (1988) The High-Tech Beat in St Pete, The Police Chief 55: 23-28 Stoner, W (1984) Automated Fingerprint Identification-Regional Application of Technology, FBI Law Enforcement Bull 53: 1-4 Sutherland, E H (1945) Is white collar crime crime?, Am Sociol Rev April: 132-139 Sylvester, J T., and Stafford, J H (1991) Judicial acceptance of DNA profiling, FBI Law Enforcement Bull July: 29 Tafoya W L (1986) Law enforcement beyond the year 2000, in The Futurist, pp 3336 The Acquisition of High Technology Systems by Law Enforcement (1993) Thompson, M (1989) Police seeking radio channel for stolen auto tracking system, Criminal Justice Newsletter, p U.S Congress, Office of Technology Assessment (1988) Criminal Justice, New Technologies, and theConstitution, A Special Report, U.S Government Printing Office, Washington, D.C., May: p iii Violent Crime Computer File Aids Police in Washington State (1993) Criminal Justice Newsletter 24: August 16, p Wade, C (1 988) Forensic science information resource system, FBI LLIW Enforcement B d l 57: 14-15 White Collar Crime, A Bureau of Justice Statistics Special Report (1987) Washington, D.C.: BJS Index Civil disorder, 159- 165 crowds, 160 mobs, 161 patterns, 159160 prevention, 163 Community policing, 69-9 activities, 1-82 defined, 78 development, 74-77 models, 79-81 performance measures, 8384 riot prevention, 164- 165 Comparative criminal justice age, 61-63 Germany, 63 Scotland, 63 civilization, 54-55 corrections, 60-61 Eastern Europe, 60 Russia, 61 South Africa, 60 United Kingdom, 60 United States, 60 democratization, 56-57 ethnicity, 1-63 England, 62 France, 62 Germany, 62 gender, 61 -63 law enforcement, 57-60 border policing, 59-60 Japan, 58 [Comparative criminal justice] Russia, 58-59 South Africa, 59 modernization, 54-56 Court processes clerk, 23 1-232 court administrator, 234-237 cross-examination, 214 direct examination, 13-2 14 funding, 229-23 judicial performance, 239-242 jury selection, 208 opening statement, 1-21 presiding judge, 223 pre-trial publicity, 206-207 unification 227-229 workload 226-227 Criminal law, 167-184 crimes against persons, 176- 180 crimes against property, 180181 defenses.173-176 limitations, 168 offense elements, 170- 172 procedure, 185-202 defined,185 exclusionary rule, 199-201 interrogation, 196-199 probable cause, 187- 188 searches, 19 - 196 stop and frisk, 189-190 public order offenses 182- 184 sources.168 499 Index 500 Criminological theories anomie, 41 atavism, 35 biological theory, 35-36 Chicago School, 40-41 classical criminology, 32-35 conflict theory, 45 critical theory, 45-46 delinquent subculture, 41-42 deterrence, 34 ego, 38 free will, 35 id, 38 “just desserts,” 33 labeling theory, 44-45 learning theory, 43-44 opportunity theory, 41 personality theories, 38-39 positivist criminology, 36-37 psychoanalytic theory, 37-38 rational choice, 35 social control theory, 42-43 strain theory, 41 superego, 38 Domestic violence advocacy, 402.406 coalitions, 397-401 prevention, 402-405, 407 Environmental crime, 461 -470 causes, 468-469 definition, 46 evolution, 46 1-462 solutions, 469-470 Ethics corrections, 12-13 courts, 9- 11 current issues, 13- 14 history, police, 6-9 theories, 2-6 Force, use of, 147-155 defined,147 policy, 152 [Force, use of] “positional asphyxia,” 151 reporting,155 training, 153- 154 Incarceration alternatives, 285-300 boot camps, 295-297 community service, 292-293 functions, 286-287 goals 287-290 intensive supervisionprobation, 29 1-292 parsimony, 299-300 substance abuse treatment, 293295 jails, 343-352 administration, 344-348 development, 343-344 supervision, 348-352 prisoner rights, 303-3 16 prisons, 250-264 administration, 19-322 Auburn, 251 “Big House,” 257-259 “calculated humiliation,’’ 252 capital punishment, 355-367 Eastern Penitentiary, 250 Elmira, 254-256 liability, 322-339 ‘‘new penology,” 262-264 “rehabilitative ideal,” 25926 “rule of silence,” 253 Walnut Street Jail, 250 Investigation accountability, 109- 112 case-oriented, 114 coordination, 106- 107 crime analysis, 116- 118 management, 107- 109 offender-oriented, 115 organization, 105-106 recruitment, 97-100 resource allocation, 103-104 training, 100- IO Index National Crime Victimization Survey, 18-27 assault, 25-26 rape, 23-24 robbery, 24-25 sampling,19 theft, 26-27 victimizations, 20 Organized crime, 413-427 future, 425-427 history, 413-414, 417 legislation, 420-42 prosecution, 421 -423 Probation, 269-283 classifications, 28 1-282 defined, 269, 27 1-272 effectiveness, 282-283 presentence investigation, 273274 revocation, 277-278 Problem-oriented policing, 7677 Technology computer crime, 480-485 effects on rights 487-493 future, 493-495 history, 473-474 law enforcement, 475-480 Terrorism, 447-458 adjudication, 452-458 history, 447-448 investigation, 449-452 501 Traffic operations, 123- 130 deployment,125-127 organization, 125 Uniform Crime Reports, 18-27 assaults, 2.5-26 crime rate, 20 hate crimes, 26 homicides, 22-23 Part I offenses 18 Part I1 offenses, 18 rape, 23-24 robbery, 24 theft, 26-27 Victimology, 37 1-38 children, 377-378 elder abuse, 380 evolution, 371-377 women, 379-380 White collar crime, 43 1-444 definition, 43 -432 future, 443-444 response, 441 -443 types, 434-441 corporate, 434-435 employee, 437-438 governmental, 438-439 occupational, 435-437 state, 439-440 Workplace violence, 385-393 definition, 386 prevention, 388-390 threat assessment, 390-393 ... Department of Justice, Washington, D.C Bureau of Justice Statistics (1997d) Criminal victimization, 1973-95, U.S Department of Justice, Washington, D.C Bureau of Justice Statistics (1997e) Criminal. .. previously reviewed was developed outside of the criminal justice discipline and has beenapplied to criminal justice by criminal justice scholars engaged in criminal justice ethics research and writing... CURRENTETHICALISSUESFACING CRIMINAL JUSTICE After a review of some of the major ethical issues in criminal justice, it isimportant to mention briefly some of the current dilemmas confronting criminal justice practitioners