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Criminal Justice Readings List

Assisted Suicide, Hate Crimes, Use of DNA Evidence, and
Capital Punishment of Juveniles
Patrick Fagan
Year 2001

        This readings list begins with a summary of some important and recent issues of criminal justice. Then various subfields of criminal justice are listed with abstracts of pertinent books in each field. The readings list concludes with a listing of criminal justice journals.

        Assisted suicide was infamous in the late 90s, but it has now waned considerably as a criminal justice issue. This lack of interest, no doubt, can be attributed to the news media finally reducing their coverage of assisted suicide. What caused the decline? The loudest proponent of physician-assisted suicide, Jack Kevorkian, was jailed. And only one state today, Oregon, allows physician-assisted suicide. What is more, the US Supreme Court has left approval of this suicide method to the states and most states have refused to consider any legislation that would allow it. However, abortion as an issue once had the same public and governmental characteristics that assisted suicide now has.

        Thus, assisted suicide might one day resurface as a major issue in the American criminal justice system. When it does resurface, the following questions will certainly be asked. Who has the greater rights and obligations . . . physicians and the government who must ensure protection of life or individuals who wish to "die with dignity" and not prolong their misery? What if voters, like those of Oregon, want to choose for themselves whether to have assisted suicide? If the US Supreme Court has allowed a person to decide whether to give birth, and thereby grant life, why will it not allow a person to take his own life? Likewise, the Court long ago found a privacy right and a due process right to terminate life support of various patients. As AIDS and cancer rates increase, perhaps such rights will one day be tenaciously sought by Americans who want assisted suicide. Indeed, before the media cooled their coverage, innumerable polls had over 60 percent of Americans supporting assisted suicide for terminally ill people.

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        One finds it difficult to imagine anyone opposing the recent hate crime movement or legislation that has the face value of punishing crimes committed against people because of their race. This movement resembles the Civil Rights movement of the 60s in that it consists of public and racial factors and has the underlying theme of promoting social harmony. However, as with most movements and legislation, when rights are given to or created for a certain class of people . . . rights are simultaneously taken from another class.

        Some feel that the first right that might be weakened is that of freedom of speech. For instance, ideological groups have long used symbols to promote their cause or voice their opinions. The US Supreme Court has said that a burning cross is such a symbol. Does it follow, then, that a burning cross placed in the front yard of a black-owned home should not fall under hate crime legislation? Or if it is considered so, is the free speech that is guaranteed by the Constitution then violated? Is not the burning of a cross on another’s property already a crime? The bombing of abortion clinics might be due to some religious hatred, but the bombings themselves carry heavy penalties. Will additional penalties for such hate crimes really reduce racism, which is the greatest goal of hate crime legislation? It has long been accepted that in order for a law to be proper, it must be able to halt the activity that it supposes to stop. Perhaps creating a law that seeks to give greater protection to one group to the exclusion of others will actually accelerate racism?

        If a racial or sexual slur slips from the lips of a person during the most heated of conflicts, does that person truly deserve additional punishment if the original crime that results from the conflict is only a misdemeanor? or even that of a felony? What if, in the preceding situation, racial animus was not a cause of the crime? Will a thin, thick, or no line have to be drawn between what constitutes discrimination and hate crimes? and can judges do so fairly and accurately? For instance, is a burglar who burglarizes only Jewish homes guilty of a hate crime? What if the burglaries were coincidence? Is the double punishment then cruel and unusual? The questions of possible constitutional breaches seem to be many.

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        It is generally accepted in law that collection of urine, blood, and semen for evidence involves individual privacy rights. Urine, blood, semen, and similar samples also fall under the purview of the search provisions of the Fourth Amendment. Warrantless collections of DNA to solve crimes is already conducted in other countries and similar collections are being incorporated into American criminal justice. The emerging use of DNA as evidence will undoubtedly raise privacy issues under the Fourth Amendment also, especially as more agencies collect DNA samples on a wide-scale basis without probable cause to do so on a particular individual. For example, six slain women resulted in police collecting blood and saliva from hundreds of men in nearby neighborhoods. One person who refused to provide the samples was later found to be the killer. Another issue that will become more noted in the future is whether the government should pay for the DNA analysis of prisoners incarcerated well before the acceptance of it as an investigative tool. Will refusal of government-provided DNA analysis one day be equivalent to not having a fair trial? Will the due process of the Fourteenth Amendment be violated then? Will volunteering to provide samples for DNA analysis violate the no self-incrimination spirit of the Fifth Amendment? As with the other issues discussed thus far, the possible constitutional violations seem to be endless.

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        Since the late 80s, the US Supreme Court has made it clear that those under 16 years old at the time their crime was committed could not receive capital punishment. The basis of denying capital punishment in this instance was the cruel and unusual punishment element of the Eighth Amendment. For those 16 and over, the Court left to the states the matter of applying capital punishment. As the media give more attention to the heinous crimes committed by juveniles, even though violent juvenile crime overall might not be increasing, the fears of the public concerning violent juveniles might heighten as a consequence. Accordingly, a majority of the people might eventually support the death penalty for criminal juveniles. What is wrong with this punishment if it is accepted by a majority? And if the US Supreme Court has allowed it, why is the subject still controversial? Surely one would think that a branch of the federal government giving a power to the states would foster a complaisant citizenry?

        No, the same religious and conservative opponents of the general death penalty will also fight any attempts by states to permit capital punishment of juveniles. An argument from conservatives will go that a fair criminal justice system is one that rehabilitates its offenders. Enforcing capital punishment at such a young age is redolent of a system that has renounced all hope of rehabilitation. There is an alliance in society that hopes to reintegrate into society the member who has gone astray. Conversely, there is a portion of society that seeks to preserve the death penalty in all of its appearances. Both groups added together equal factions, and factions usually end in discomfort for all of society. The death penalty of any sort has always aroused emotions and will continue to do so. Future controversies will not be sparked from the federal level. They will come initially from state supreme courts that will have to decide whether state constitutions preclude capital punishment for juveniles. Then, even if a legislature corrects what defects the courts say are present in any legislation, the greatest cacophony will come from the citizens. It can be certain that a matter devolved to the citizenry, such as the death penalty for juveniles, will be bandied about for some time.

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        Harlan Levy, And the Blood Cried Out: A Prosecutor’s Spellbinding Account of DNA’s Power to Free or Convict (1997): ISBN 0-38-073061-8 / $5.99
 

This was perhaps the first book that investigated the use of DNA evidence in trials. The author uses several infamous trials of the 90s to offer both support and opposition to the use of such evidence.

Lisa Stolzenberg and Stewart J. D’Alessio, Criminal Courts for the 21st Century (1999): ISBN 0-13-080549-1 / $51.00

This is a text designed for undergraduates. Regardless, this book is all the more fitting for graduates because it takes the entire judicial process of criminal courts and applies to them currently contentious issues in the criminal justice system. Although not considered major topics in this bibliography, the editors include essays about subjects that will undoubtedly increase in controversy, such as prosecuting pregnant drug users, cameras in the courtroom and jury room, and three strikes laws. Of course, commentaries on DNA evidence and capital punishment for juveniles are offered also.

Frank Schmallege, Criminology Today: An Integrative Introduction (1999): ISBN 0-13-848268-3 / $80.00

The author’s cardinal concentration in this text is criminology with a tinge of sociology for undergraduates. However, using contemporary and divisive problems in society, such as assisted suicide, hate crimes, and DNA testing, qualifies this text to be read by the most astute criminal justice student. The website for the text is an additional plus: www.prenhall.com/cjcentral.

Journal Articles for Further Explanation of Issues

Doran Peters, Revealing the True Nature of the Hate Crime Movement (1999). American Journal of Criminal Law 26, 2: 387-93.

Fred Drobner, DNA Dragnets: Constitutional Aspects Of Mass DNA Identification Testing (2000). Capital University Law Review 28:479.

Christine O’Brien, Gerald Madek, and Gerald Ferrera, Oregon’s Guidelines for Physician-Assisted Suicide: A legal and ethical analysis (2000). University of Pittsburgh Law Review 61:329.

Sarah Vincent, The Hate Within Ourselves: Criminal law’s attempt to overcome bias (2000). Review of Punishing Hate: Bias crimes under American law (1999), by Frederick Lawrence. Harvard Blackletter Journal 16:229.

Andrew Garofalo, Brennan v. State: The constitutionality of executing sixteen-year-old offenders in Florida (2000) Nova Law Review 24:855.

Matthew Wagman, Innocence Lost: In the Wake of Green: The trend is clear—if you are old enough to do the crime, then you are old enough to do the time (2000) Catholic University Law Review 49:643.

        Suggestions for further readings in other areas of criminal justice are provided below. With so many diverse fields in criminal justice, it is no wonder that there has been a burgeoning of texts from criminal justice votaries. Considerable time was given to each field in order to locate two books for each. The result is that students have been given an encyclopedic equivalent of each area in criminal justice.

Corrections

Martin D. Schwartz and Lawrence F. Travis III, Corrections: An Issues Approach (1999): ISBN 0-87084-778-3 / $29.95

The editors ask and answer whether prisons should exist. They delve into prisonization and crowding, community supervision, and treatment of the offender. Schwartz and Lawrence then ask if current treatment is efficacious. Contemporary issues of privatization, boot camps, and health care in corrections are discussed.

Peter J. Benekos and Alida V. Merlo, Corrections: Dilemmas and Directions (1999): ISBN 0-87084-235-8 / $21.95
 

The editors explore fiscal restrictions, prisoners with AIDS, and prison gangs. Taking a different approach from most textbooks, ethical issues of female guards, shock incarceration, and probation are presented.

Constitutional Law

John W. Palmer, Constitutional Rights of Prisoners (1999): ISBN 0-87084-227-7 / $58.95

Palmer begins his lengthy text with the incorporation of law into the American court structure. He dissects an actual legal case in order to help the reader understand better the remaining parts of the text. Corporal punishment, searches of prisoners, rights to visitation, use of the mail and telephone, and the consequences of various forms of communication practices within contemporary prisons are discussed using both the case method approach and analytical essays. Apparently the author feels that religion in prison is an important constitutional topic for he spends a great deal of time on this subject. Parole, a rehabilitative right, and a right to an attorney and medical treatment are the honorable mention. Civil and criminal liabilities of prison officials comprise the largest section of the book.

Rolando del Carmen, Susan Ritter, and Betsy Witt, Briefs of Leading Cases in Corrections (1998): ISBN 0-87084-116-5 / $21.95

The authors provide the reader with a book that consists of the case method approach to major topics of prison law, probation, parole, the death penalty, juvenile justice, and sentencing.

John Klotter, Jacqueline Kanovitz, and Michael Kanovitz, Constitutional Law (1999): ISBN 0-87084-509-8 / $58.95

The authors give constitutional law a criminal justice element. Great emphasis is given to the Bill of Rights and present day issues, such as powers to arrest, search, and seize. Eavesdropping, interrogations, confessions, self-incrimination, trial and attorney privileges, and the concomitant controversies of each are explored also. Criminal and civil remedies for unconstitutional actions are not avoided in this text. Interestingly, the authors peek into the constitutional rights present in the governmental work place—an area not frequented in most criminal justice texts.

Criminal Law

Sue Reid, Criminal Law (2001): ISBN: 0-07-232153-9 / $ Price Unavailable at Publishing

Departing from the orthodox criminal law textbooks, this book also includes misdemeanors rather than felonies only. The recent controversial subjects of hate crimes, posttraumatic stress disorders, three-strikes laws, and consideration of a fetus as a person under the law are the most noteworthy additions of this text.

Neil C. Chamelin, Criminal Law for Police Officers (2000): ISBN 0-13-085233-3 / $78.00

The traditional criminal law elements are presented in abundance in this text, but the author also considers the recent issues of hate crimes, assisted suicide, the most recent environmental crimes, and identity theft. Professors and students both will appreciate the format of the text, for the case law provided in the book is presented in side margins. This makes the text flow more smoothly.

Criminal Procedure

Ronald L. Carlson, Criminal Justice Procedure (1999): ISBN 0-87084-211-0 / $39.95

Carlson does not miss one iota of the criminal justice process that a prisoner is subjected to until proven innocent or guilty. The American adversary system is explored in great detail.

Sam S. Souryal, Ethics in Criminal Justice: In Search of the Truth (1998): ISBN 0-87084-263-3 / $41.95

Nowhere is legal ethics discussed more than in issues of criminal procedure. Souryal realizes this and begins his text with the very beginning of law. Traditional criminal justice theory is the underlying core of this book. Platonian and Aristotelian thought, morality from a relativist and utilitarian viewpoint, determinism, naturalism, positivism, stoicism, egoism, hedonism, and detailed racism are probed by the author. Hobbes, Nietzsche, Bentham, Mill, Kant, Rawls, and Butler are also drawn from.

American Criminal Justice

Alida V. Merlo and Peter J. Benekos, What's Wrong with the Criminal Justice System: Ideology, Politics and the Media (1999): ISBN 0-87084-933-6 / $28.95

The authors focus mostly on the politicization of criminal justice, but upon conclusion the reader will have an alternative opinion of what is wrong with the current system and how to possibly fix it.

Lawrence F. Travis III, Introduction to Criminal Justice (1998): ISBN 0-87084-841-0 / $47.95

An introductory, but not elementary, explanation of the criminal justice system, this pro-student book will be remembered mostly for its included depiction of the criminal courts and corrections. A bonus is the plethora of figures, tables, and photos that make the text all the more clearer.

Juvenile Law

Rolando V. del Carmen, Mary Parker and Frances P. Reddington, Briefs of Leading Cases in Juvenile Justice (1999): ISBN 0-87084-120-3 / $22.95

The authors begin with an abbreviated history of juvenile justice in America and crack into the differences between the adult and juvenile court proceedings. Case law is then used to describe the processing of juveniles, the appropriateness of curfew ordinances, and the conditions that should be present for transference of juveniles to adult court jurisdiction. As with the growing trend of many textbooks, liability for inappropriate harm of a detained juvenile is discussed.

John T. Whitehead and Steven P. Lab, Juvenile Justice: An Introduction (1999): ISBN 0-87084-904-2 / $47.95

This is an excellent textbook for fledgling criminal justice scholars. Unlike many beginning texts in the field, this one has a large section devoted to juvenile justice theory. A recent emergence of female delinquency is adequately researched by the authors. The authors conclude with qualitative evidence that shows the American juvenile court system could be abolished successfully. Whitehead and Lab describe the juvenile court process competently. Relevant Supreme Court cases comprise a considerable section of the text.

Administration of Law Enforcement

Gary W. Cordner and Donna C. Hale, What Works in Policing? Operations and Administration examined (1999): ISBN 0-87084-015-0 / $19.95

The editors present numerous essays related to police operations and police administration. Some subtopics are patrol, organizational structure, female officers, training, and over-all police management.

Harry W. More, W. Fred Wegener and Larry S. Miller, Effective Police Supervision (1999): ISBN 0-87084-539-X / $43.95

The authors take traditional criminal justice theory and apply it to police agencies. Case studies of supervisors in their managerial roles are presented. Good advice about the uncomfortable subject of disciplining officers is a valuable portion of this book. The most useful section deals with effective communication skills with subordinates.

Criminal Evidence

John Klotter, Criminal Evidence (2000): ISBN 0-87084-532-2 / $55.95

The central focus of this text is administrative justice that begins at the police officer level and proceeds to the actual trial. Rules of evidence at the state and federal court level are explained such that officers will understand they must be careful with even the smallest of details when a suspect’s rights are at issue. Any officer that must appear in court will be grateful for having studied this text.

Charles P. Nemeth, Law and Evidence: A Primer for Criminal Justice, Criminology, Law, and Legal Studies (2000): ISBN 0-13-030811-0 / $ Price Unavailable at Publishing

This text was designed for undergraduates. However, the authority and competency that exudes from the description of evidence being gathered, stored, assessed, disputed or supported, and included or excluded in trial makes it appropriate for even graduates. Nemeth made litigation and judicial analysis a core ingredient in this textbook.

Criminal Justice Journals