Criminal Justice System Lecture Notes

A set of vocabulary flashcards covering key terms and definitions from the lecture notes on 'Crime and Criminal Justice'.

Criminal Justice System

Law enforcement, adjudication, and correction that is directly involved in apprehension, prosecution, and control of those charged with criminal offenses.

1850-1880 Crime Epidemic

A historical period of increased crime caused by social upheaval from the Civil War, presence of outlaws in the West, and formations of gangs in the Northeast.

Chicago Crime Commission

Formed in 1919 as the first professional association for crime, responsible for formalizing the crime system and collecting data.

1920-1933 Homicide Increase

The largest increase in homicides in the 1900s, primarily due to Prohibition and the Great Depression.

Criminal Justice System (term origin)

The term was first used in the 1950s.

1970s Crime Rate Increase

Crime rates doubled, correlated with the Civil Rights movement, due to increased confidence in reporting crimes and a rise in protesting and hate crimes.

War on Drugs

A combination of policies from Nixon and Reagan in the 1980s that targeted low-income neighborhoods and crack cocaine users, leading to increased crime rates and racial discrimination.

1990s Public Perception of Crime

The belief that crime was growing at an uncontrollable rate, fueled by national media coverage of events like mass shootings.

September 11th (9/11) Impact

After this event, law enforcement agencies added an international component to their operations.

Contemporary Criminal Justice System

Society’s instrument of formal social control, comprising agencies responsible for protecting people and upholding the law by encouraging societal members to curb animalistic desires.

Formal Social Control

Laws, rules, and regulations imposed by official organizations such as the justice system or university codes of conduct.

Informal Social Control

Rules and norms established by groups such as family, friends, peers, and teammates.

Socialization

The process by which individuals acquire a personal identity and learn the norms, values, behaviors, and social skills appropriate to their society.

Crime Control Perspective

Emphasizes control over crime, often at the detriment of civil liberties, prioritizing efficiency in apprehending guilty individuals over individual rights.

Rehabilitation Perspective

Views crime as an expression of frustration and anger created by social inequality, suggesting crime can be controlled by helping people improve their lives, focusing on treatment over retribution.

Due Process Perspective

Values people’s rights and liberties, prioritizing protecting innocent people from conviction over punishing the guilty, treating all defendants fairly without discretion.

Restorative Justice

Aims for peacemaking and conflict resolution in the community, with reintegration into society as the goal, rather than punishment.

Nonintervention Perspective

Advocates for greatly limiting the justice system's involvement in people's lives, reducing offender labeling, and decriminalizing/legalizing nonviolent offenses.

Consensus Model (Crime Definition)

The view that criminal laws are representative of the vast majority of the public.

Conflict Model (Crime Definition)

The view that laws are created by the rich and powerful and used to keep those not in power down, often through discriminatory criminalization.

Interactionist Model (Crime Definition)

The view that criminal law reflects the preferences and opinions of those who hold social power (moral entrepreneurs) and use their influence to shape the legal process.

Crime

A violation of the societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power.

Murder

Causing the death of another person without legal justification.

1st Degree Murder

Planned or premeditated murder (malice aforethought).

2nd Degree Murder

A crime of passion where the crime and intent are established almost simultaneously.

3rd Degree Murder

Murder committed with no intent to kill, such as negligent/involuntary manslaughter or negligent homicide.

Spree Killing

Killings that occur at two or more locations with little or no break between murders.

Mass Murder

The killing of four or more victims at one location during one event.

Serial Killing

Murders that happen over time, involving several victims in three or more separate events.

Rape (FBI New Definition)

The penetration no matter how slight, of the vagina or anus with any body part or object or oral penetration by a sex organ of another person, without the consent of the victim.

Robbery

A personal crime involving a face-to-face confrontation where the perpetrator attempts to take something of value using force or threat of force.

Aggravated Assault

Inflicting serious injury upon another person through the use of weaponry or in such a manner that the victim needs to seek medical attention.

Burglary

The unlawful entry of a structure to commit theft, characterized by no interaction with occupants.

Clearance Rate

The percentage of crimes for which police arrested someone for the offense.

Larceny-theft

Unlawfully taking or attempting to take property from the possession of another while legally situated in a specific area.

Motor Vehicle Theft

The theft or attempted theft of a self-propelled road vehicle that does not run on rails.

Arson

The intentional and unlawful burning of a structure, even on one's own property, possibly involving malicious mischief, false insurance claims, or disguising other crimes.

White Collar Crime

Illegal acts characterized by deceit, concealment, or violation of trust, not dependent upon the application or threat of physical force or violence.

Criminology

The study of crime, considered a branch of sociology.

Criminal Justice (Discipline)

The application of the study of criminal behavior, criminal law, the police, the courts, and corrections.

Uniform Crime Report (UCR)

A national survey compiled by the FBI that collects criminal acts reported to local police, transitioning from SRS to NIBRS data collection in 2021.

Part 1 Crimes

Major crimes reported in the UCR, including murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.

Hierarchy Rule

A UCR guideline where, in incidents involving multiple offenses, only the highest charge is recorded and counted.

Supplementary Homicide Reports (SHR)

A part of UCR that gathers detailed information on homicides, such as weapon type, age, and circumstances leading to the crime.

National Incident-Based Reporting System (NIBRS)

A comprehensive crime reporting system that collects detailed data on each incident, including victim/offender relationship and weapon involvement, capturing more offenses and differentiating between completed and attempted crimes.

Part A Crimes (NIBRS)

52 specific crimes reported in NIBRS, including homicide, robbery, burglary, assault, rape/sexual assault, arson, drug/narcotics, fraud, and weapon law violations.

Dark Figure of Crime

Refers to unrecorded crimes, specifically those not reported to law enforcement.

National Crime Victimization Survey (NCVS)

A household survey operated by the BJS to measure victimization in the U.S., including crimes not reported to the police.

Cybercrime (Interpol Definition)

Categorized as advanced cybercrime (sophisticated operations reliant on hardware/software) or cyber-enabled crime (more traditional crimes reliant on internet access).

Creepware

Software installed on computers to 'creep' on and hijack victims, potentially leading to blackmail, sexploitation, or raided bank accounts.

International Terrorism

Violent, criminal acts committed by individuals and/or groups inspired by or associated with designated foreign terrorist organizations or state-sponsored nations.

Domestic Terrorism

Violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences (e.g., political, religious, social, racial, or environmental).

National White Collar Crime Center (NW3C)

Formed in 1992, provides training to law enforcement in the prevention, investigation, and prosecution of white-collar crime.

Babylonian Code of Hammurabi

One of the earliest forms of law, which included the principle of Lex Talionis.

Lex Talionis

'Law as retaliation,' an eye-for-an-eye principle where someone could retaliate for an offense committed against them.

Age of Enlightenment

A historical period characterized by thinkers believing in rationality and free will, which inspired figures like Cesare Beccaria.

Cesare Beccaria

An Italian theorist from the 18th century, considered the founding father of Classical Criminology, who wrote 'An Essay on Crimes and Punishments'.

'An Essay on Crimes and Punishments' (1764)

Cesare Beccaria's pivotal work that led to the discipline of criminology, which was banned by the Catholic church.

Certainty of Punishment

The most important part of Beccaria's formula for deterring crime, where punishment is effective only if individuals know for certain they will be caught and punished for breaking laws.

Swiftness of Punishment

The quickness with which punishment occurs after an offense, considered necessary for effectiveness according to Beccaria.

Severity of Punishment

The least important part of Beccaria's formula, where punishments should be just severe enough to outweigh the crime to deter repetition, without being too harsh.

Mala in Se Crimes

Acts that are inherently bad or evil within themselves, such as murder, robbery, and rape.

Mala Prohibita Crimes

Acts that are considered bad only because they are prohibited by law, such as sex work, gambling, and drug use.

Bills of Attainder

A legislative act that inflicts punishment without a trial, forbidden by the U.S. Constitution.

Ex Post Facto Laws

Laws that make a previously legal behavior illegal and then punish people for actions committed before the law was enacted, forbidden by the U.S. Constitution.

Criminal Law

The body of law relating to crime, broken into procedural and substantive law, generally consisting of written statutory laws.

Procedural Law

Determines how people are treated in the criminal justice system, guided by the Bill of Rights, covering issues like arrests, warrants, search and seizures, and trials.

Substantive Law

Designates what conduct is considered criminal, informing people about criminal acts and their potential consequences.

Preemption Doctrine

Designates federal law as 'the supreme law of the land,' established by the Supremacy Clause VI.

Actus Reus

The physical act or unlawful omission that constitutes a crime, also known as the 'guilty act'.

Mens Rea

The mental state or intent of the defendant at the time of the act, also known as the 'guilty mind/intent'.

Statute

Formal laws passed by Congress or state legislatures that establish rules, prohibitions, or policies on a particular subject.

Ordinances

Municipal (city) statutes or rules that generally target local concerns, have limited jurisdiction, and cannot violate state law.

Case Law

Law that is based on previous court decisions or precedents, where landmark cases change the interpretation of a law or establish a new legal principle.

Stare Decisis

A legal principle meaning 'let the decision stand,' which establishes prior case decisions as binding precedent.

Civil Law

Law that handles disputes between individuals and organizations, typically seeking compensation or resolution for the harmed party rather than punishment.

Preponderance of the Evidence

The standard of proof in civil cases, requiring that the evidence for a fact is more likely than not.

Administrative Law

Law that derives from a legislative body’s delegation of authority over commissions or boards to regulate activities controlled by written statutes.

Misdemeanor

A less serious criminal offense, typically punishable by a maximum of up to one year in jail, fines, probation, or community service.

Wobblers

Felonies that can be reduced to misdemeanors, often through plea bargaining.

Felony

A more serious criminal offense punishable by more than one year of incarceration, typically in state or federal prison, with potential for substantial fines, life imprisonment, or the death penalty.

Infraction

Non-criminal violations that are considered below misdemeanors.

Motive

The reason why an individual commits a crime.

Strict Liability Crimes

Crimes that do not require proof of mens rea (guilty mind/intent), such as statutory rape or driving under the influence.

Alibi (Criminal Defense)

A criminal defense arguing the defendant could not have committed the crime because they were elsewhere at the time of the offense.

Excuse Defenses

Claims based on a personal condition or circumstance under which the law deems an individual cannot be held accountable for their actions.

Duress (Defense)

An excuse defense where the defendant was forced to commit a crime under the threat of harm.

Insanity (Defense)

A legal concept (not medical) used as an excuse defense, arguing the defendant lacked mens rea at the time of the offense.

Entrapment (Defense)

An excuse defense alleging that police induced the defendant to commit a crime they would not have otherwise committed.

Justification Defenses

Defenses where the individual admits to committing the act but claims it was necessary to avoid some greater evil.

Necessity (Defense)

A justification defense where circumstances necessitated committing another crime to help or save someone in danger.

Self-defense

A justification defense where the defendant acted under the reasonable belief that they were in danger of death or great harm and had no means of escape, using reasonable force.

Reasonable Force (Self-defense)

The degree of force used in self-defense must be appropriate given the situation.

Imminent Threat (Self-defense)

A requirement for self-defense that the perceived threat of harm must be immediate.

Path of Retreat (Self-defense)

The principle that if one can escape without killing, one must escape before resorting to lethal force in self-defense.