cj1012

crime

a specific act of commission or omission in violation of the law, for which a punishment is prescribed

criminal justice system

system of state and federal courts, police, and prisons that enforces criminal law

public policy

priorities and actions developed by government to use public resources as a means to deal with issues affecting society

misdemeanor

offenses less serious than felonies and usually punishable by incarceration of no more than one year, probation, or intermediate sanctions

felony

serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty

crime control model

a model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders

due process model

a model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision making procedures

mala in se

offenses that are wrong by their very nature

mala prohibita

offenses prohibited by law but not wrong in themselves

Uniform Crime Reports (UCR)

annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies

National Crime Victimization Surveys (NCVS)

interviews of samples of the U.S. population conducted for the Bureau of Justice System to determine the number and types of criminal victimization and thus the intent of unreported as well as reported crime

National Incident-Based Reporting System (NIBRS)

a reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property

Visible crime

an offense against persons or property that is committed primarily by members of the lower social classes; often referred to as "street crime" or "ordinary crime", this type of offense is the one most upsetting to the public

Occupational crime

criminal offense committed through opportunities created in a legal business or occupation

Organized crime

a framework for the perpetration of criminal acts-usually in fields, such as gambling, drugs, and prostitution-providing illegal services that are in great demand

Crimes without victims

offenses involving a willing and private exchange of illegal goods or services that are in strong demand; participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as whole is being harmed

Money laundering

moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts in order to disguise their origin

Political crime

an act, usually done for ideological purposes, that constitutes a threat against the state (such as treason, sedition, or espionage) or a criminal act by a state

Cybercrimes

offenses that involve the use of one or more computers

Identity theft

the theft of social security numbers, credit card numbers, and other information in order to secure loans, withdraw bank funds, and purchase merchandise while posing as someone else, the unsuspecting victim, who will eventually lose money in these transactions

Dark Figure of Crime

a metaphor referring to the dangerousness dimension of crimes that are never reported to the police

Victimology

a field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims

Classical criminology

a school of criminology that views behavior as stemming from free will, that demands responsibility and accountability of all perpetrators, and that stresses the need for punishments sever enough to deter others

Positivist criminology

a school of criminology that views behavior as stemming from social, biological, and psychological factors; it argues that punishment should be tailored to the individual needs of the offender

Criminogenic

factors thought to bring about criminal behavior in an individual

Biological explanations

explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes

Psychological explanations

explanations of crime that emphasize mental processes and behavior

Sociological explanations

explanations of crime that emphasize the social conditions that bear on the individual as causes of criminal behavior

Social Structure theories

theories that attribute crime to the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response

Learning theories

theories that see criminal behavior as learned, just as legal behavior is learned

Life Course theories

theories that identify factors affecting the start, duration, nature, and end of criminal behavior over the life of an offender

Control theories

theories holding that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened

Labeling theories

theories emphasizing that the causes of criminal behavior are not found in the individual but in the social process that labels certain acts as deviant or criminal

Social Conflict theories

theories that assume criminal law and the criminal justice system are primarily a means of controlling the poor and the have-nots

Federalism

a system of government in which power is divided between a central (national) government and regional (state) governments

Plea bargains

a defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state

Discretion

the authority to make decisions without reference to specific rules or facts, using instead one's own judgment; allows for individualization and informality in the administration of justice

Filtering process

a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making

Adjudication

the process of determining whether the defendant is guilty or not guilty

Dual Court system

a system consisting of a separate judicial structure for each state in addition to a national structure; each case is tried in court of the same jurisdiction as that of the law or laws broken

Arrest

the physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense; police may use only reasonable physical force in making an arrest; the purpose of the arrest is to hold the accused for a court proceeding

Warrant

a court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises

Information

a document charging an individual with a specific crime; it is prepared by a prosecuting attorney and presented to a court at a preliminary hearing

Indictment

a document returned by a grand jury as a "true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney

Civil Law

law regulating the relationships between or among individuals, usually involving property, contract, or business disputes

Substantive Criminal law

law defining acts that are subject to punishment and specifying the punishments for such offenses

Procedural Criminal law

law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections

Common law

the Anglo-American system of uncodified law, in which judges follow precedents set by earlier decisions when they decide new but similar cases; the substantive and procedural criminal law was originally developed in this manner but was later codified-set down in codes-by state legislature

Constitution

the basic laws of a country or state defining the structure of government and the relationship of citizens to that government

Statutes

laws passed by legislatures; statutory definitions of criminal offenses are found in penal codes

Case law

court decisions that have the status of law and serve as precedents for later decision

Administrative regulations

rules made by government agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety

Civil Forfeiture

the confiscation of property by the state because it was used in or acquired through a crime; in recent years the the police have used civil forfeiture to seize property that they believe was purchased with drug profits

Inchoate offense

conduct that is criminal even though the harm that the law seeks to prevent has been merely planned or attempted but not done

Mens rea

"guilty mind" or blameworth state of mind, necessary for legal responsibility for a criminal offense; criminal intent, as distinguished from innocent intent

Entrapment

the defense that the police induced the individual to commit the criminal act

Insanity

A legal status indicating that a person cannot be held responsible for his or her actions because of mental illness.

Durham rule

A rule applied in some states that does not hold a person

responsible for an act if it was done as the result of mental

disease or defect.

McNaughten rule

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.

Substantial Capacity test

From the Model Penal Code, a test that states that a person is not responsible for criminal behavior if when committing the act "as a result of mental disease or defect he [or she] lacks substantial capacity either to appreciate the wrongfulness of his [or her] conduct or to conform his [or her] conduct to the requirements of the law."

Irresistible Impulse test

A test for the insanity defense under which a defendant who knew his or her action was wrong may still be found insane if he or she was nonetheless unable, as a result of a mental deficiency, to control the urge to complete it.

Procedural Due process

the constitutional requirement that all people be treated fairly and justly by government officials; an accused person can be arrested, prosecuted, tried, and punished only in accordance with procedures prescribe by law

Self Incrimination

the act of exposing oneself to prosecution by being forced to respond to questions whose answers may reveal that one has committed a crime; the fifth amendment protects defendants against compelled self-incrimination; in any criminal proceeding, the prosecution must prove the charges by means of evidence other than the involuntary testimony of the accused

Double Jeopardy

the subjecting of a person to prosecution more than once in the same jurisdiction for the same offense; prohibited by the fifth amendment

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment

The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Eighth Amendment

The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provisions applies to the states. Also forbids excessive bail.

Grand Jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Indigent defendants

people facing prosecution who do not have enough money to pay for their own attorneys and court expenses

Bill of Rights

The first ten amendments of the U.S. Constitution, containing a list of individual rights and liberties, such as freedom of speech, religion, and the press.

Wedding Cake model

the proceedings in the criminal justice system into four different categories: celebrated cases, serious felonies, lesser felonies and misdemeanors

Dual Court System

a system consisting of a separate judicial structure for each state in addition to a national structure; each case is tried in acourt of the same jurisdiction as that of the law or laws broken

Gideon vs. Wainright

indigent defendants have a right to counsel when charged with serious crimes for which they could face six months or more incarceration