CCJ UNIT 1 VOCAB

Administrative Law

derives from legislative bodies delations of authority over commissions or board to regulate activities controlled by written statutes

Adolf Eichmann Case

Nazi Officer who escaped and then was kidnapped by Israel and put on trial for his war crimes

Age of Enlightenment

brought new ways of thinking, thoughtful reactions of outrage against barbaric system of law and punishments (before French revolution)

Battered Woman Syndrome

Grace allowed in the justice system towards woman who attack their abusers

bill of rights

1.freedom of speech, religion, press

2. right to bear arms

3. people don’t have to house soliders

4. no searches without reason

5. right related to trials

6. rights if you are charged with a crime

7. right for a civil case

8. no unreasonable fines or treatments

9. people have other rights

10. the states can make laws too

Blooms taxonomy

framework for categorizing educational goals: cognitive, affective, psychomotor

Brawners rule

when discussing not guilty by reason of insanity seeing if defendant can appreciate the difference between right or wrong

case law

AKA common law courts write their decisions based on opinions that were applied in subsequent cases

Castle Doctrine

“make my day” residents no longer need to retreat if threatened by intruders

Cesare Beccaria

Famous for resistance on transforming legal system, wrote “On Crime and Punishment,” emphasized rationalism intellectualism and humanitarianism. believed purpose of punishment = deter crime, crime should be swift certain and severe

Civil law

2+ indviduals or groups can’t come to an agreement

code of Hammurabi

established 300 provisions for family, trade, real property, personal property, and labor also civil matters:marriage divorce and criminal laws:murder arson severe punishments

Class Action Lawsuits

Civil cases involving large number of victims

Cole Memo

outlined guidelines for states related to marijuana, including use by minors, driving under the influence, and out of state trafficking

compensatory damages

awarded to replace loss suffered by victimo

consensus model

Society has consented to the same definition of crime and written into law (values and norms are generally shared by everyone in a society)

Conflict perspective

different groups of people in society have different views of what should be a crime (those with power can write their views into law)

constitutional law

fundamental values and relationships among judicial legislative and executive branches at the state and federal levels

Corrections

Jail, Prison, Parole, Death

courts

interpreting and applying the law

Crime

An act which breaks a law (formal social norm) and is
punishable by the State

Crime Control

if punishment seems weak or looked over more, it is more likely to be committed (model says all offenders are greedy impulsive)

crime multipler

saturated media presentation of crime that leads to a public that believes there is more crime than there is. leads to more fear

Agenda settings theory

media tells us what is news worthy

criminal justice

the system of institutions, policies, and practices that aim to maintain social control and deter crime through sanctions and rehabilitation

criminal liability

holds individuals responsible for their actions or omissions if they are found to have committed a crime

Criminology

an academic discipline that investigates the nature extent and causes of criminal offending and criminal victimization

cyber crime

forms of illegal activities committed while using a computer or computer networks as main form of commission

Dark figure of crime

crime unknown to police

Decriminaization

reduction or abolition of penalties associated with behavior

specific deterrence

directed toward individual offender to stop bad behavior: through restitution or incapacitation

general deterrence

perceived negative consequences of being caught

deterrence theory

crime reduction strategy emphasizing the threat of and use of punishment to prevent crime

distributive justice

socially justice allocation of goods, resources and opportunities in society

retributive justice

legal concept where offenders receive punitive damages proportional or similar to crime

Dudley & Stephens v the Queen (1884)

4 men get stuck out at sea, kill and eat Richard brooks aftering being out at sea for 24 days third man not tried he only ate not killed

due process

makes sure that those being tried for crimes are treated fairly and equally

Durham test

Jurors decide if defendant is insane

ex post facto

a law that legislative passed after crime was committed (was legal when committed now not)

felicitous or hedonistic calculus

a measurement of how much joy a person gets from doing something

felony

crime punished with a year or more of jail time

framing

Stories packaged in a way for the public to understand easier

Gateway Drug

A drug that is believed to lead people in to the use of more serious symptoms

hierarchy rule

this crimes in order of severity only the most severe offenses get documented

inalienable rights

rights that are universal and don’t rely on local law

incapacitation

removing offenders from society to protect others

indeterminate law

sentence given to defendant in a range of years

infotainment

the marketing of highly edited and distorted mix of entertainment and facts supposed to be truthful to viewers in media

insanity defense

claiming to have mental illness that made you not right state of mind when committing the crime

irresistible impulse test

mental disease stops them from being able to control themselves

Jeremy Bentham

stressed rationality in legal system and opposed primitive and brutal methods of punishment, supported utilitarianism and designed modern day prisons

Judicial activism

occurs when decisions are influenced by personal or political underpinnings

justifiable homicide

lawful and intentional taking of someones life/offender posed real threat to safety

Karl Marx

believed that our society was in a conflict model that only allowed the rich to succeed and place themselves at the top

landmark cases

changes interpretation of the law or brings new laws

lex talionis

“eye for an eye” law of retribution

M’Naughton standard

defendant didn’t understand what they were doing and that it was wrong

mala in se

wrong in nature (murder)am

mala prohibita

wrong because it is banned (drug possession)

Max Weber

coined legal rational authority

legal-rational authority

form of government where decisions are based on laws and regulations

media trial

When cases are covered heavily by the media and gives public perception to cases maybe making Jurys impartial

Mens rea

guilty mind, means defendant was aware what they were doing was wrong at time of the crime

miranda v arizona

under 5th amendment anything a defendants says before their rights are read to them is dismissible in a court of law

misdemeanor

a crime that’s jail time is less than a year

Moral relativism

moral truth is relative to society’s and communities culture

moral universalism

moral truth is the same for everyone no matter what

NCVS (National crime Victimization Survey

sponsored by the BJS Split sample design, household sampling, gathers data about non-fatal personal crimes and household property crimes. Important because it collects data on characteristics about the offender and the crime in itself

NIBRS (National Incident Based Reporting System)

Collects all crimes in one incident and Characteristics about the offender the crime, the victim and the relationship between the offender and victim

Natural law

Law that reflects universal moral standards

positive law

law that reflects norms and culture of society (moral relativism)

no bill

insufficient evidence to proceed with case

nolle prosequi

if charges are filed may proceed towards plea bargain, trial, or decide to drop charges

Nolo Contendere

accepting penalty without accepting guilt

Non-interention perspective

minimal intrusive from Government, decriminalization of non serious crime less shame for offenders,

Ordinances

Municipalities (local) statutes and include the written legislative enactments of countries, cities, towns (zoning, disturbance of peace)

panopticon

Jeremy Bentham designed it, a way for prisons to eb set up so all prisoners think they are being watched by one guard all the time, relies on self regulation

Part 1 offense

most serious and regularly occurring crimes (homicide, rape, robbery)

part 2 offenses

less serious and less reoccurring crimes (simple assault fraud embezzalment)

Precedent

previous court decisions

Pre Classical Theories

believed witches and demons were root causes of crime, more focus on retribution and punishments were cruel and arbitrary

preemption doctrine

designantes federal law as the supreme law of the land

procedural law

how the criminal system is supposed to work (bill of rights mostly outlines it)

punitive damages

financial punishment for wrongful actions and may serve as a detterant

Rationality

knowledge gained principally through reason

Rehabilitation

A sentencing that’s goal is to prevent future offending

restitution

repayment as part of punishment

restorative Justice

a perspective that believes in repairing harm committed by criminals relationship between offenders and victims

retribution

eye for an eye

rule of law

mandates the application of known legal principles in governmental decisions, making and establishing the premise that every citizen should obey laws

Series Victimaztion

On-going violence with no clear beginning or end

social construction theory

societies create shared understandings of the world that form a basis for shared assumptions about reality

stare decisis

“let the decision stand” establishes former case standings as binding precedents

statutes

formal rules or laws adopted by a governing body

street crimes

common and serious crimes involve and victim and offender in the same place at the same time (homicide rape robbery)

substantive law

designates what is considered criminal

terrorism

unlawful use of force or violence against people property or government to create fear or change

utilitarnisim

right action brings the most amount of joy nd the wrong brings the most amount of pain