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CJS Terms
Terms
| Term | Definition |
|---|---|
| Discretion | A criminal justice professionals ability to use professional judgement rather than being constrained by rigid rules when making decisions about how to handle a case. |
| National crime Victimization | A survey conducted by the Bureau of Justice Statistics to determine how many persons have been the victims of criminal acts. |
| Grand Jury | A group of citizens impaneled to hear evidence presented by a prosecuting attorney with the purpose of determining whether sufficient evidence exists to bring to a trail a person accused of committing a crime. Issues indictment |
| nulla poena sine lege | No punishment can be given by a court unless there is a law that authorizes it. |
| Mala In Se | Crimes prohibiting acts that are universally viewed as being inherently evil or bad, such as murder or rape. |
| Arrainment | A judicial proceeding at which a person accused of a crime is formally advised of the charges by the reading of the charging document in open court, advised of his or her rights, and asked to enter a plea to the charges. |
| Idealist | A philosophical perspective that evaluates actions and decisions based on how well they meet broad goals or theoretical ideas. |
| Legal Moralism | The idea that popular notions or morality should influence decisions about what behaviors the law ought to regulate. Devlin's side |
| Legal Positivism | a philosophy that views the law solely as a human creation rather than as an attempt to discover, confirm, or enforce higher moral standard. Hart's side |
| Critical Theories of Law | A legal philosophy holding that the law was created and is used by powerful individuals to help them remain in power |
| Prescriptive Norms | Norms that specify what individuals should or are encouraged to do. |
| Informal Social Control | Tools used to control behavior in everyday social life, including social control exercised by peers, communities, families, and groups. |
| Compensatory Social Control | Focuses on providing restitution to the victim of a harmful act. |
| Therapeutic Social Norms | Views the deviant person as someone who needs help to become non deviant or “Normal”. This is often accomplished through science medicine. |
| Victimless Crimes | A category of crime in which no direct victim is readily identifiable. |
| Civil Justice | A process, separate from criminal justice, in which private wrongs are addressed through legal action. This generally occurs through the filing of lawsuits by one person, organization, group, against another. |
| Federalism | Having more than one level of government, as in the US, which has a national government as well as 50 state governments in addition to counties and cities. |
| Procedural Due Process | Focuses on the rights of the accused and advocates formal decision-making procedures, drawing upon the assumption that the accused is innocent until proven guilty. |
| Bill of Rights | The first 10 amendments to the US constitution, which identify rights and liberties and restrain the powers of the government through both substantive and procedural due process. |
| Probable Cause | A fair probability based on facts and known circumstances. Probably cause is required for an arrest, for the issuance of search and arrest warrants, and for a case to proceed beyond the grand jury and preliminary hearing stages, among other decisions |
| Privilege Against Self Incrimination | Specifies that a person may not be compelled to provide testimony against himself or herself. |
| Subpoena | A court order commanding a witness to appear in court at a specific date to provide sworn testimony in a case. |
| Substantive Criminal Law | The area of criminal law that lists and defines specific criminal offenses and the punishments that may be administered to those who violate them. |
| Lex Talionis | The retributive principle of punishment illustrated by the phrase “an eye for an eye, a tooth for a tooth...” this was the idea that offenders should have the same harm applied to them as they applied to their victims. |
| Mens Rea | Guilty mind. Levels of intent: Committing a crime with purpose, knowledge, recklessness, or negligence. |
| Felony | The most serious crimes, which may be punished by a sentence to a year or more in prison and/or a substantial fine. |
| Deviance | behaviors that violate society’s expectations, beliefs, standard, or values. |
| Crime | And intentional act or omission in violation of the criminal law, committed without defense or justification, and penalized by the government as a felony or misdemeanor. |
| Uniform Crime Reports | An annual report of the number of crimes reported to the police, prepared by the FBI.. Offical crime data of the USA |
| Indictment | A written statement issued by a grand jury to indicate that sufficient evidence exists to bring to trial a person accused of crime. |
| Bench Trial | A trial in which the judge, rather than the jury, acts as finder of fact. |
| Pragmatists | A philosophical perspective in which actions and decisions are evaluated based on empiricism and the analysis of data. |
| Collective Judgement | The consensus that members of a society would reach about which behaviors are morally acceptable and which behaviors are morally unacceptable. Devlins theory of Legal Morality |
| Jurisprudence | The academic and philosophical study of Law |
| Presumption of Innocence | Presumes that all criminal defendants are innocent until their guilt has been proven beyond a reasonable doubt. |
| Proscriptive Norms | Norms that specify what individuals should or should not or are encouraged not to do |
| Formal Social Control | Mechanisms exercised by the government to control human behavior and to cause persons to conform to norms and obey laws. |
| Medicalization of Deviance | Defining a deviant behavior as an illness or a symptom of an illness and then providing medical intervention to treat the illness. |
| Parens Patriae | the law acts as a parent and protector to its subjects. This notion, grounded in the belief that society has a moral obligation to protect its citizens, underlies the theory of legal paternalism |
| Tort | A harm that is classified as a civil wrong and that forms the basis for action under civil justice processes |
| Beyond Reasonable Doubt | The burden of proof necessary to find a defendant guilty of a crime, whether in trial by jury or a bench trial. 97 % |
| Crime Control Model | Assembly-line justice with a focus on getting an offender through the criminal justice process as quickly and efficiently as possible. |
| Habeas Corpus | is a court order directed at someone who has custody of a person ordering the release of that person because his or her incarceration was achieved through unlawful processes |
| Exclusionary Rule | Stipulates that illegally seized evidence may not be admissible at trial. Interpretations of the 4th amendment |
| Due Process Clause | The provision in the 14th amendment to the US Constitution that makes nearly all of the criminal procedural rights contained in the BIll of Rights applicable to the states. |
| Model Penal Code | Has formed the basis for revisions to the criminal laws in two-thirds of the American states. |
| Strict Liability | Crimes that do not require criminal intent, or mens rea, on the part of the offender. |
| Misdemeanor | Less serious offenses that may be punished by a sentence of less than a year in jail and/or a small to moderate fine. |
| Nullum Crimen Sine Lege | Meaning that no behavior can be considered a crime unless there is a law enacted that prohibits it |
| mala prohibita | Crimes prohibiting acts that have been made illegal not because they are viewed as being inherently wrong but because a legislature or government has chosen to criminalize them nonetheless. |
| Dark Figure of Crime | Refers to the amount of crime that is not reported to the police or other authorities. |
| Preliminary Hearing | A hearing held in front of a judge to determine whether or not there is probable cause to believe that a person committed the crime of which he or she stands accused. |
| Information | A formal, written document accusing a person of crime. The document is prepared by the prosecuting attorney and submitted to a judge for his or her consideration at preliminary hearing |
| Social Contract Theory | A philosophical explanation for the origins of government, in which individuals willingly give up complete freedom to do as they please in exchange for a more secure society governed by laws enforced by a government. |
| Trail by Jury | A trial in which guilt or innocence is determined by a jury of one’s peers. The right to a trial by jury exists for felonies and some misdemeanors |
| Harm Principle | The idea advanced by John Stuart Mill that a society should only concern itself with actions that pose a direct harm to others |
| Idealistic Theories of Law | Theories of law grounded in the idealistic perspective. The theories include legal naturalism, rights and interpretive jurisprudence, critical theories of law, and legal paternalism. |
| Legal Pragmatism | A legal theory arguing that the law should be based on empirical evidence rather than on grand concepts such as mortality. |
| Socialization | The process by which individuals learn a society’s or culture’s norms and also learn to conform to them. |
| Penal Social Control | Penal Social Control |
| Conciliatory Social Control | Attempts to create and preserve social harmony via dispute resolution. This is accomplished through practices such as meditation |
| Restorative Justice | Focuses on restoring the victim, offended, and society to the desirable conditions that existed before criminal offense occurred |
| Statute of limitations | A legal provision that sets time limits on how long after an incident court processes can be initiated |
| Preponderance of the Evidence | The Burden of Proof used in deciding cases heard through civil justice process (51%) |
| Substantive Due Process | Protects against governmental infringement of fundamental rights, such as freedom of speech, freedom of religion, and the right to privacy. |
| Due Process Model | Focuses on the rights of the accused and advocates formal decision-making procedures, drawing upon the assumption that the accused is innocent until proven guilty. |
| Ex Post Facto | A law punishing an act or behavior that was not criminal when it was committed. |
| Double Jeopardy | Bars the same governmental entity from criminally prosecuting someone twice for the same offense or from giving multiple punishments for the same offense. |
| Equal protection Clause | The provision in the 14th amendment to the US constitution that serves to guarantee equality, requiring that the law treat similarly situated people in a similar manner without discrimination. |
Created by:
TaylorZ