Criminal Justice Core Concepts & Vocabulary

A comprehensive vocabulary review of core criminal justice definitions, case law, sociological theories, legal models, crime categories, and constitutional defenses.

Crime (Legal Definition)

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

Crime (Academic Definition)

Focuses on 'deviance', acts which cause harm, or acts of force or fraud.

Social Construct Theory

Societies create shared understandings of the world that form a basis for shared assumptions about reality, meaning crime and deviance vary by culture, location, age, and social status.

Consensus Model

We have consented to the same definition of crime and written it into law. Values and norms shared by everyone in a society.

Conflict Model

Different groups of people in society have different views of what should be a crime. Those with power can write their views into law.

Crimes Against Persons

Homicide, rape and sexual assault, aggravated assault, and robbery.

Crimes Against Property

Arson, burglary, and larceny/theft.

Crimes Against Public Order

Disorderly conduct and unlawful assembly.

Crimes Against Morality

Prostitution, fornication, adultery, and sodomy.

Inchoate Crimes

Attempt, solicitation, conspiracy, and being parties to crime.

Agenda Setting

The process by which news media tells the public what is newsworthy.

Framing Events

The media's use of specific language and imagery to interpret criminal justice events.

Reinforcing Spirals

The tendency of individuals to choose media that aligns with and reinforces their existing beliefs.

Part I Offenses

More serious crimes tracked in the FBI's Uniform Crime Reports (UCR), such as murder, aggravated assault, rape, and robbery.

Part II Offenses

Less serious crimes tracked in the FBI's Uniform Crime Reports (UCR), such as simple assault, prostitution, and larceny theft.

Clery Act

A Department of Education requirement for universities to collect and publish campus safety and security crime statistics.

Pre-Classical Criminal Justice

A historical system characterized by belief in demons/witchcraft as causes of crime, focusing on retribution and cruel, arbitrary punishments without empirical support.

Rationality (Enlightenment)

The Enlightenment principle that knowledge is gained principally through reason.

Free Will (Enlightenment)

The Enlightenment concept defining the quality of having discretion over one's actions.

Cesare Beccaria

An Enlightenment philosopher who argued that the purpose of punishment is to deter crime, and that punishment should be swift, certain, and severe.

Deterrence Theory

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

General Deterrence

A deterrence strategy targeting the larger society by increasing punishment and police presence.

Specific Deterrence

A deterrence strategy targeting individual offenders through incarceration.

Social Disorganization Theory

A structural sociological theory attributing crime to a breakdown of social bonds and social control within community structures.

Anomie/Strain Theory

A structural theory positing that crime stems from tension between culture and structures, or goal blockage leading to frustration and aggression.

Social Learning Theory

A process theory emphasizing that individuals are socialized into criminal behaviors through interactions with others.

Differential Association

The concept that both techniques and attitudes required for criminal behavior are learned through social interactions.

Control Theories

Theories addressing why people do not commit crimes, highlighting external constraints (social bonds) and internal constraints (self-control built by socialization).

Distributive Justice

A form of justice concerning the just allocation of resources.

Retributive Justice

A form of justice focusing on the just resolution or punishment for a crime.

Procedural Justice

A form of justice focusing on fair and just practices used to determine guilt.

Restorative Justice

A form of justice focused on the just repair of harm caused to victims.

Jeremy Bentham

A major philosopher of Utilitarianism who asserted that reducing crime requires decreasing the pleasure gained from committing crime and increasing the pain.

Utilitarianism

The philosophical position that the just action is the one that produces the greatest utility.

Moral Relativist

One who holds that morality is relative to societies or communities, and what is good, right, or fair is determined by each society.

Moral Universalist

One who holds that a single morality is universal to all and determined by natural law.

Due Process Model

A civil rights perspective of criminal justice aimed at protecting the accused from mistakes, bias, and deception by requiring government proof of guilt.

Crime Control Model

Efficiently apprehending and punishing offenders through a sequence of arrest, prosecution, adjudication, sentencing, and corrections.

Common Law System

A legal system that applies previous legal cases and precedents.

Civil Law System

A legal system that strictly applies a written legal code.

Substantive Law

The branch of law that defines what constitutes a crime and establishes criminal liability.

Procedural Law

The branch of law specifying how the criminal justice system is meant to operate.

Natural Law

The concept that law is that which reflects universal moral standards.

Positive Law

The concept that law is that which reflects the norms and customs of a given culture.

Felonies

Very serious offenses punishable by confinement of 1 year or more.

Misdemeanors

Less serious offenses punishable by up to 1 year of confinement.

First Degree Murder

A 'cold-blooded' homicide in which the offender planned to kill somebody, knew what they were doing, and had intent.

Second Degree Murder

A homicide in which the offender knew their action could result in death but lacked prior planning (e.g., a fight).

Voluntary Manslaughter

A 'heat of passion' homicide resulting from a loss of emotional control without deliberation.

Involuntary Manslaughter

A homicide caused by criminal negligence or reckless/accidental behavior resulting in someone's death.

Mens Rea

The element of criminal liability representing criminal intent.

Actus Reus

The element of criminal liability representing the criminal act itself.

Denial Defense

A defense strategy where the accused denies committing the act (e.g., an alibi).

Affirmative Defense

A defense strategy where the accused admits to the act but denies criminal liability (e.g., self-defense, insanity).

Justification Defense

An affirmative defense maintaining the act was lawful under the circumstances (e.g., defense, consent, necessity, execution of public duties).

Excuse Defense

An affirmative defense arguing the defendant lacks liability due to absence of mens rea (e.g., duress, intoxication, age, insanity).

Procedural Defense

A defense claiming the case is invalid because the criminal justice system failed to follow procedural laws or rules (e.g., ex post facto, entrapment).

Miranda v. Arizona

A landmark 1966 Supreme Court ruling following Ernesto Miranda's 1963 arrest and coerced confession, establishing the requirement for law enforcement to issue the 'Miranda Warning'.

Fourth Amendment

Search and seizure

Fifth Amendment

Criminal cause indictment, double jeopardy, self-incrimination, due process, private property

Sixth Amendment

Rights of criminal defendants, including the right to a fair trial, counsel, and an impartial jury.

Seventh Amendment

Guarantees the right to a jury trial in civil cases.

Eighth Amendment

Protection against excessive bail, fines, and cruel and unusual punishment.

Ninth Amendment

Recognizes that individuals have rights beyond those explicitly enumerated in the Constitution.

Tenth Amendment

Establishes that powers not delegated to the federal government are reserved for the states or the people.

Thirteenth Amendment

Abolishes slavery and involuntary servitude, except as punishment for a crime.

Fourteenth Amendment

Guarantees equal protection under the law and due process for all citizens.

Legal Authority

Derive legitimacy from written rules

Bureaucracy

Structure and regulations in place to control activity