Introduction to Law, Criminal Justice, and Society Review

A set of vocabulary flashcards covering key terms and concepts related to Law, Criminal Justice, and Society.

Law

A system of rules created and enforced through social or governmental institutions.

Social Justice

The fair distribution of resources, opportunities, and privileges within a society.

Dysfunctions of Law

Failures in law to achieve its intended purposes, creating social issues.

Utilitarianism

A theory in ethics that suggests the best action is the one that maximizes utility, often defined as that which produces the greatest well-being of the greatest number of people.

Conflict Theory

A theory suggesting that society is in a state of perpetual conflict due to competition for limited resources.

Doctrine of Incorporation

The legal doctrine that the Bill of Rights is applicable to the states through the Fourteenth Amendment.

Nationalization of the Bill of Rights

The process by which the rights enumerated in the Bill of Rights have been made applicable to the states.

Common Law System

A legal system characterized by case law, which is law developed by judges through decisions of courts.

Adversarial System

A legal system where two parties present their case to an impartial judge.

Procedural Justice

The idea that the processes involved in legal decision-making must be fair and transparent.

Legitimacy of Criminal Justice Institutions

The acceptance and recognition of criminal justice institutions and their authority by society.

Public Defender

A lawyer employed by the government to represent defendants unable to afford legal counsel.

Resocialization

The process of teaching individuals new norms and values, often used in correctional settings.

Policing Autonomy

The independence local police have in enforcing laws and regulations.

Comparative Policing

The study and analysis of policing practices across different countries or regions.

General Systems Theory

A framework for understanding the interactions and interdependencies within complex systems.

Criminal Justice as Multiple Systems

Criminal justice consists of various interconnected systems, including law enforcement, courts, and correctional facilities.

Case Processing in Criminal Justice

The method by which criminal cases progress through different stages of the criminal justice system.

Defective Processing

When case processing terminates prematurely, resulting in issues that necessitate returning the case to the system for resolution.

Lack of Objective Standards

The absence of agreed criteria for criminal justice agents to determine if case processing is complete or defective.

Backward Pressure in Criminal Justice

Increased strain on the system caused by declining capacity to process cases, leading to backlog.

Quick Completion of Cases

A tendency for components within the criminal justice system to declare processing complete to expedite cases.

Countervailing Forward Pressure

A force that pushes cases through the criminal justice system despite challenges and limitations.

Criminal Law as Regulation

The perspective that views criminal law as a means to regulate behavior and maintain social order.

Criminal Defense

The legal representation provided to individuals accused of crimes, ensuring their rights are protected.

High Tolerance for Defects in Criminal Justice

The acceptance of errors and issues within the system as a routine part of case processing.

Courtroom Workgroup

A collaborative group of legal professionals, including judges, prosecutors, and defense attorneys, working together during court proceedings.

Factors Impacting Public Defender Work

Elements that influence the effectiveness and efficiency of public defenders, including workload, resources, and case complexity.

Nationalization of the Bill of Rights

The process by which the rights enumerated in the Bill of Rights have been made applicable to the states.

Stages of the Nationalization of the Bill of Rights

The gradual process through which various amendments of the Bill of Rights have been incorporated to apply to state laws, primarily through the Fourteenth Amendment.

Nationalization of the First Amendment

The incorporation of the First Amendment's guarantees of free speech, press, and religion applicable to the states through due process.

Difference between 'Similar not identical to the Bill of Rights' and 'Similar and identical to the Bill of Rights'

'Similar not identical' suggests that state laws may have comparable protections to the Bill of Rights but may differ in specifics, whereas 'Similar and identical' indicates that state provisions match the rights outlined in the Bill of Rights exactly.

Supreme Court’s strategy for controlling institutionalized racism

The use of various decisions to enforce civil rights protections and limit discriminatory practices within the justice and legal systems.

Common Law System

A legal system characterized by case law, which is law developed by judges through the decisions of courts.

Civil Law System

A legal system based on written statutes and codes as primary sources of law, with less emphasis on judicial decisions.

Funding for Policing in the US vs Europe

US policing often relies on local funding through taxes, while many European countries have centralized funding models that can reduce disparities.

Training Requirements for US Police

US police training varies widely by state and department, often lacking standardization compared to European police academies, which typically have rigorous and uniform training protocols.

Police Violence/Use of Force in the US

The US has faced significant scrutiny over police violence and excessive use of force, particularly against minorities, while European nations generally have lower rates of police violence.

Police and Minority Relations in the US

Minority communities in the US often experience strained relations with police, stemming from historical injustices and systemic discrimination.

Police Accountability in the US vs Europe

US police accountability mechanisms are often criticized as insufficient, while European countries tend to have more robust oversight bodies to address police misconduct.

Autonomy of Local Police in the US

US police departments operate with high autonomy, influenced by historical localism and resistance to federal control, which can lead to variable practices across jurisdictions.

Costs of Localization in Policing

Local police autonomy can result in volatile encounters, inadequate training, and an increase in extractive policing methods that may resist oversight.

Insulation from Democratic Process

Local police forces may operate independently from democratic oversight, leading to potential corruption and abuses of power due to lack of accountability.

Police Structure in Europe

European police structures typically emphasize centralization, accountability, and integration with national legal frameworks, offering greater uniformity across regions.

Influencing Factors for Police Decisions in Europe

European police decisions are significantly influenced by human rights laws, policies that promote accountability, and thorough officer training in police academies.

Comparison of Police Lethality: US, Germany, UK

Rates of lethal police action are generally lower in Germany and the UK compared to the US, where police lethality has been a major issue.