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Crim Justi terms

QuestionAnswer
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.
Created by: luvaman35