Question
click below
click below
Question
Normal Size Small Size show me how
Crim Justi terms
Question | Answer |
---|---|
Crime Control Model | Emphasizes speed and efficiency, high conviction rates overweigh individuals rights. |
Conflict Model | Laws are determined by the groups that hold economic, political and social power in a community. |
Consensus Model | Where the majority of citizens in a society share the same values and beliefes. Criminal acts go against the norms of society, and deemed harmful. |
Crime | An act that violates criminal law and is punishable by criminal sanctions. |
Deviance | Behavior that is considered to go against the norms established by society. |
Murder | The unlawful killing of one human being by another. |
Assault | A threat or an attemp to do violance to another person that causes the other person to fear immediate physical harm. |
Purpose of the criminal justice system | Control crime, Prevent crime and Maintain justice. |
Criminal justice system | The interlocking network of Law Enforcement agencies. Courts, and Corrections Institutions desinged to enforce criminal laws and protect society. |
Federalism | A form of government in which a written constitution provides for a division of powers between a centrol government and several regional governments. |
Local Law Enforcement | They apprehend criminals and participate in trial proceedings. Keep the peace, that includes crowd and traffic control, resolve minor conflicts such as domestic violance and child abuse. |
State Law Enforcement | Concern themselves mainly with infractions on puplic highways, fish-game and watercraft. |
Discretion | The authority of individuals in the criminal justice system to make operational decisions. |
Due Process Model | Places primacy on the right of the individual to be protected from the power if the government. |
Criminology | The scientific study of crime and the causes of criminal behavior. |
Chiose Theory | Holds that wrongdoers act as if they weigh the possible benefits of criminal atcivity against the expected costs of being apprehended. Still choose criminal activities. |
Psychology | The scientific study of mental processes and behavior. |
Antisocial Personality Disorder (ASPD) | A menal illness that is characterized by antisocial behavior. |
Social Disorganization Theory | Deviant behavior is more likely seen in communities where social institutions such as the family, schools, and criminal justice system failed to control. |
Social process Theory | Criminal behavior is a result of the enviroment. |
Victomology | Studies why certain people are victims of crimes. |
Chronic Offender | A criminal who commits multiple offences, in a small group of criminals responsible for a majority of activity. |
Civil Law | A branch of law dealing with disputes between individuals and companies. |
Liability | In a civil court, legal responsibility for ones own actions. |
Beyond a Reasonable Doubt | T degree of proof required to find the defendant in a criminal trial giulty. |
Felony | A serious crime, punishable by death or imprisonment for a year or longer. |
Voluntary Manslaughter | A homiside in which the intent to kill was present in the mind of the offender, but lacking malice. |
Involuntary Manslaughter | A negligent homicide, in which the offender had no intent to kill his victim. |
Misdemeanor | Punishable by a fine of a jail term of less then a year. |
Mala in Se | Acts that are inherently wrong, regaurdless if they are prhibited by law. |
Mala Prohibita | Acts that are made illegal by criminal statutes, not necessarily wrong in and of themselves. |
Uniform Crime Report (UCR) | A annual report compiled by the FBI to give an indication of criminal activity, data collected from local, state, and federal law enforcement agencies. |
Constitutional Law | Law based on the constitution, and the constitutions of the various states. |
Statutory Law | The body of law enacted by legislative bodies. |
Administrative Law | laws created by administrative agencies, form of rules, orders. |
Precedent | A court decision that furnishes an example or authority for deciding cases with similar facts. |
Case Law | The rules of law announced in court decisions. |
Corpus Delicti | The body of circumstances that must exist for a criminal act to have occured. |
Actus Reus | A guilty act, the commission of a prhibited act is one of two elements needed for liability. |
Mens Rea | Mental state or intent, necessary to establish criminal liability. |
Strick Liability Crimes | The defendant is guilty regaurdless of his mental state. |
Attendant Circumstances | |
Inchoate Crimes | Conduct deemed criminal without actual harm being done. |
Hate Crime Law | A statute that provides for greater sanctions against those who commit crimes based on race, religion,gender. |
Infancy | Under early American law, young wrongdoers were excused from criminal liability. Presumed not to understand their actions. |
Duress | Unlawful pressure brought to bear on a person, causing them to commit an act he would not commit normally. |
Necessity | Circumstances required him to commit an illegal act. |
Substantive Criminal Law | Laws that define rights and duties of individuals with respect to one another. |
Procedural Criminal Law | Rules that define the manner in which the rights and duties of individuals may be enforced. |
Due Process Clause | 4th and 14th Amendments to the constitution that guarantees no person shall be deprived of Life, Liberty, and property without de\ue process. |
Patronage System | Corrupt politians hiring corrupt police to take bribes. |
Professional Model | Emphasizes centralized police org, increased tech, and limits police discretion. Vollmer and o.w wilson |
Coroner | The medical examiner of a county, elected post, second in command. |
Probationary period | A period of time in which a rooky can be fired without cause. |
Field Training | Placed with an (FTO) to apply concepts from the academy to the streets. |
Bureaucracy | A hierarchically structured administrative org that carries out specific functions. |
Response time | The rapidity with which calls for service are answered. |
General Patrol | A patrol strategy of monitoring a certain area, goal is deter and detect crime. |
Directed Patrol | A patrol strategy that is desinged to focus on specific types of criminal activity. |
Hot Spots | Concentrated areas of high criminal activity that draw a directed police response. |
Reactive arrests | Arrests that come about as part of the ordinary routine patroling. |
Proactive arrests | Arrests that occur because of concerted efforts by law enforcement. |
Community Policing | Emphasizes community support with police in preventing crime, police role "less centralized & more proactive. |
Problem Oriented Policing | A policing philosophy requiring police to identify potential criminal activity, develope response to activity. |
Police Subculture | The values and perceptions shared by police and other law enforcement agencies. |
Socialization | The process through which a police officer is taught the values and expected behavior. |
Blue Curtain | Term refering to the value placed on secrecy. |
Police Cynicism | Police thinking citizens are weak, corrupt and dangerous, from overexposure to the worst of people too long. |
Reasonable Force | The degree of force that is appropriate to protct the officer or citizen. |
Deadly Force | Force applied by a police officer that is intended to cause death. |
Police Corruption | The abuse of authority by a law enforcement agent for personal gain. |
Ethics | The rule or standards of behavior governing a profession, ensuring fairness and rightness of action. |
Duty | The moral sence of a police officer should apply in his duties. |
"Inevitable Discovery" | The legal principle that illegally obtained evidence can be admitted to court, given that the police would have used lawful means. |
Fruit of the poison tree | Evivdence that is acquired through illegal means. |
Rasial Profiling | The practice of targeting members of minority groups, based solely on race and ethnicity. |
Stop | A brief detention of a person by law enforcement for questioning. |
Frisk | A pat-down or minimal search to discover weapons for the protection of the officer |
Arrest | To take into cusdody a person suspected of criminal activity. |
Arrest Warrent | A written order, based on probable cause, issued by a judge, commanding named on warrent be arrested. |
Warrentless Arrest | An arrest maded without first seeking a warrent for action. Fine if arresting officer witnessed the crime. |
Search | The process by which police examine a person or property to find evidence. |
Affidavit | A written statement of facts, confirmed by oath or affirmation by one making it, to one of authority. |
Seizure | The forcible taking of a person or property, responce to criminal activity. |
Searches Incidental to Arrests | Searches for weapons and evidence of persons just arrested. |
Consent Searches | Searches by police that are made after the subject of the search has agreed. |
Plain View Doctrine | The legal principle that ojects in plain view of an officer be seized without warrent and introduced as evidence. |
Interrogation | The direct questioning of a suspect, gather evidence of criminal activity. |
Miranda Rights | The constitutional right of the accused being informed of his right to silence and councle. |
Custudy | The forceful detention of a person. |
Jurisdiction | The authority of a court to hear and decide cases within an area of the law.geograpic territory. |
Trial Courts | Courts in which questions of fact are examined. |
Appellate Courts | Courts that review decisions made by lower courts,make an appell. |
Opinion | Statements by the courts explainiung it's reasoning for it's decision. |
Dual Court System | The separate but interrelated court system of u.s. national and state level. |
Magistrate | A public civil officer or official with limited judicial authority within a geographic area. |
Initial Appearance | the accused first time infront of the judge or magistrate, informed of charges and right to counsel and amount of bail. |
Bail | $ or conditions set by the court to insure the defendants return. |
Release on Recognizance (ROR) | Offender released with understanding that he return for further proceedings. |
Initial Appearance | the accused first appearance befor a judge, defenant is informed of charges, right to counsel, amount of bail and date for preliminary hearing. |
Bail | The $ or conditions set by the court to ensure his return for further preceedings. |
Property Bond | Alternitive to cash, property value at bail amount gains pretrial release. |
Bail Bondsman | Businessperson who agrees for a fee to pay bail. |
Preventitive Detention | Retention of an accused in custody, for fear he will commit a crime if released. |
Preliminary Hearing | Hearing in which a magistrate decides probable cause that the defendant committed the crime. |
Discovery | Formal investigation, defense uses methods to obtain information from prosecutor. |
Information | The formal charge against the accused by the prosecutor afrter prelim hearing. |
Grand Jury | Group of citizens called to decide if probable cause exist, that suspect committed crime being charged. |
Arraignment | Court proceeding where suspect is formally charged, suspect enters a plea (GUILTY/NOT) in response. |
Nolo Contendere | "I WILL NOT CONTEST IT", a defendants plea, he chooses not to challenge the charges brought against him by the government. |
Plea Bargaining | Process by which the accused & the prosecutor work out a satisfacory conclution to the case. |
Boykin Form | A form that must be completed by a defendant who pleads guilty. |
Jury Trial | A trial before a judge and a jury. |
Bench Trial | A trial conducted without a jury, judge determands defendants guilt or innocence. |
Acquittal | A declaration that the accused is innocent in the eyes of the law. |
Venire | The group of citizens from which the jury is selected. |
Voir Dire | the preliminary questions asked by attorneys to potential jurors, testing their bias or connection to the defendant. |
Challenge for cause | A voir dire challenge when attorneys give reasons why jurors aren't included. |
Evidence | Anything that is used to prove the existence or nonexistence of guilt or a fact. |
Testimony | Verbal evidence given by wtnesses under oath. |
Real Evidence | Evidence brought into court and seen by the jury, not discribed to the jury. |
Lay witness | Witness that can truthfully and accurately testify on a fact in question. |
Expert Witness | Witness with profssional training. |
Direct Evidence | Evidence that establishes the existence of a fact in question, no inferencees. |
Circumstantial Evidence | Indirect evidence that is offered to establish, by inference the likelyhood of fact. |
Relevant Evidence | Evidence that deminshes the fact in question, only reivent evidence is admissible in court. |
Direct Examination | The examination of a witness by attornies. |
Confrontation Clause | Sixth Amendment, guarantees right to defendant to confront witnesses testifying against them. |
Rebuttal | Evidence to counteract or disprove evidence by opposing party. |
Allen Charge | Instructions by a judge to a deadlocked jury. |
Verdict | A formal decision made by the jury. |
Appeal | Process of seeking a higher court's reviewof the lower courts decision. |
Double jeopardy | To twice place a person's life or liberty. |
Habeas Corpus | An order that requires correctional officials to bring an inmate before a judge to explain why in prison. |