Criminal Justice Exam 2

Posse Comitatus Act of 1878

An act that limits the powers of local governments and law enforcement agencies in using federal military personnel to enforce the laws of the land.

jurisdiction

The geographic limits, such as the municipality, county, or state, in which officers of the agency are empowered to perform their duties

federal law enforcement agencies

Agencies that enforce only federal laws and are under the control of the executive branch of the federal government.

tribal police

Police that provide law enforcement services on Native American reservations, where local and state police have no jurisdiction and federal police have only limited jurisdiction.

Office of Tribal Justice

An office established in 1995 to coordinate tribal issues for the Department of Justice (DOJ) and to increase the responsiveness of the DOJ to Native American tribes and citizens.

U.S. Marshals Service

The federal agency that provides security for federal courts is responsible for the movement, custody, and capture of federal prisoners, and provides protection of witnesses in federal cases.

U.S. Postal Inspection Service

The federal agency responsible for the security of U.S. mail and mail carriers and for investigation of mail fraud.

U.S. Secret Service

The federal agency that protects the president, the vice president, members of their families, major candidates for president and vice president, and visiting heads of foreign governments. Originally investigated counterfeit money.

Federal Bureau of Investigation (FBI)

The federal agency responsible for protecting the United States from terrorist attacks, foreign intelligence and espionage, cyber-based attacks, and high-tech crimes and for combating public corruption at all levels.

National Crime Information Center (NCIC)

The nation’s largest database of computerized criminal information on wanted felons, people on parole, criminal history, and stolen items such as automobiles, boats, guns, and securities.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The federal agency responsible for regulating alcohol, tobacco, firearms, explosives, and arson.

Drug Enforcement Administration (DEA)

The federal agency that enforces U.S. laws and regulations regarding controlled substances and that supports nonenforcement programs intended to reduce the availability of illicit controlled substances domestically and internationally.

narcoterrorism

Terrorism in which drug lords in some countries operate virtually unchecked by law enforcement.

highway patrol

State law enforcement agencies that focus on traffic enforcement.

undersheriff

The second-in-command of the sheriff’s office.

officers of the court

Law enforcement officers who serve the court by serving papers, providing courtroom security, and transporting incarcerated defendants.

order maintenance

Non Crime-fighting services performed by police, such as using mediation, providing for the welfare of vulnerable people, and constricting the use of public spaces to fair and legal practices.

command-and-control structure

Type of ranking order in a police department; typically, resembles a hierarchical structure.

deputy chief

Second in command of a police department; also referred to as an assistant chief.

sworn personnel

Officers having authority to arrest and carry a firearm and powers of search and seizure.

non sworn personnel

Paraprofessionals, administrative personnel, and other technicians employed by a police department.

Law Enforcement Assistance Administration (LEAA) program

A federal grant/loan program to promote educational advancement of law enforcement officers.

police academy

A facility or program for the education and training of police officers.

civil service status

Protection of an employee in that his or her employment can only be terminated for cause and the employer must follow certain due process procedures in terminating the employee.

lateral transfers

Transfers that involve changes in the duties the officer performs and the unit to which he or she is attached, but no changes are made in his or her rank or pay grade

internal affairs investigation unit

A special unit whose mission is to investigate the actions of officers for the purpose of recommending disciplinary actions or criminal prosecution.

suicide by cop

Situations created by citizens in which law enforcement officers are forced to fire on themselves.

move and shoot

High-tech simulations that mimic real-world scenarios where officers must respond to the simulated environment to detect and respond to threats.

proprietary services

Private protection security forces that are owned and managed by a company.

contract services

Security personnel who work for a third-party company and are hired by another company to provide specific services at the direction of a client.

private investigators

Investigators who are licensed by the state and are authorized to conduct investigations.

American Society for Industrial Security (ASIS)

One of the largest professional societies for promoting the ethics and professionalism of private protection services

watchman style

A style of policing that focuses on maintaining order and is associated with declining industrial, blue-collar communities

service style

A style of policing that focuses on protecting a homogenous suburban, middle-class community against outsiders and providing service to community residents.

team policing

Teams of officers assigned to a specific geographic area with the charge to ensure public safety, maintain order, and deliver community services to the residents of that community.

community policing

Decentralized policing programs that focus on crime prevention, quality of life in a community, public order, and alternatives to arrest.

broken window theory

The belief that ignoring public-order violations and disruptive behavior leads to community neglect, which fosters further disorder and crime.

zero-tolerance strategy

Strict enforcement of the laws, even for minor violations.

problem-oriented policing

A community policing strategy that emphasizes attacking the root problem that causes crime instead of responding to the symptoms of the problem.

dual court system

The political division of jurisdiction into two separate systems of courts: federal and state; in this system, federal courts have limited jurisdiction over state courts.

Article 3, Section 2

The part of the U.S. Constitution that defines the jurisdiction of the federal courts.

Eleventh Amendment

A provision that prohibits a citizen from one state from suing the government of another state in federal court.

Tenth Amendment

A provision that states that powers not specifically delegated to the federal government are reserved for the states.

civil law

Also called private law, the body of law concerned with the definition, regulation, and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals.

tort

A private wrong that causes physical harm to another.

preponderance of the evidence

A majority vote of the jury—the standard required for a judgment in a civil case.

beyond a reasonable doubt

A unanimous verdict—the standard required for a verdict in a criminal case.

plaintiff

The party who files a civil lawsuit against the party who is alleged to have done harm.

defendant

The party who sued in a lawsuit.

judgment

A ruling by the court regarding the liability for injury or the claim alleged by the plaintiff.

circuits

Geographic divisions of the federal court system.

Marbury v. Madison

The 1803 case that established the court’s power of judicial review.

U.S. magistrate courts

Federal lower courts whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts with various legal matters.

U.S. district courts

The federal system’s trial courts of original jurisdiction.

original jurisdiction

The first court to hear and render a verdict regarding charges against a defendant.

U.S. Supreme Court

The highest court in the U.S. judiciary system whose rulings on the constitutionality of laws, due process rights, and rules of evidence are binding on all federal and state courts.

certiorari power

The authority of the Supreme Court, based on agreement by four of its members that a case might raise significant constitutional or federal issues, to select a case for review.

writ of certiorari

An order to a lower court to forward the record of a case to the U.S. Supreme Court for review.

brief

A written statement submitted by an appellant’s attorneys that states the substantial constitutional or federal issue they believe the court should address.

affirm the case

per curiam opinion

A case that is disposed of by the U.S. Supreme Court without a full written opinion.

reversing the case

A finding by the Supreme Court that a judicial error or an unconstitutional issue was central to the lower court’s decision and voided the lower court’s ruling.

remanded

After the U.S. Supreme Court’s reversal of a decision of a lower court, the return of the case to the court of original jurisdiction with instructions to correct the judicial error.

stare decisis

The legal principle of determining points in litigation according to precedent.

landmark case

A U.S. Supreme Court case that marks a significant change in the interpretation of the Constitution.

original jurisdiction

The power to determine whether the defendant is guilty.

courts of limited jurisdiction

State courts of original jurisdiction that handle traffic violations and criminal violations, small claims, misdemeanors, and violations of local ordinances and laws within the geographic jurisdiction of the town or village.

courts of record

Courts in which trial proceedings are transcribed.

trial de novo

A new trial granted by an appellate court.

general trial courts

State courts of original jurisdiction that hear all kinds of criminal cases.

appellate courts

State courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues.

court of last resort

A state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. Supreme Court

jurisdiction

The authority of the court to try a case. Usually, jurisdiction is established when some part of the crime was committed within the geographic jurisdiction of the

courts of limited jurisdiction

Courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses.

courts of general jurisdiction

Courts that handle felony crimes.

double jeopardy

The act of trying a person twice for the same offense

prosecutorial discretion

The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law.

grand jury

An alternative method, which is confidential, to determine whether there is sufficient evidence to charge the defendant with a crime.

arraignment

A criminal proceeding where the defendant is formally charged with a crime and is asked to enter a plea.

competent to stand trial

The defendant’s ability to comprehend the charges against him or her and to assist counsel in his or her defense

bail

Temporary release of the defendant prior to trial.

bail bonds agent

An agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant’s return to court.

jumped bond

Failed to appear for a court appearance.

release on recognizance (ROR)

To secure the pretrial release of the accused based merely on the defendant’s unsecured promise to appear at trial.

unsecured bond

Bond that releases the defendant based on his or her signing a promissory note agreeing to pay the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial.

signature bond

Bond that releases the defendant based on his or her signature on a promise to appear in court, usually for minor offenses such as traffic violations.

conditional release

A bail alternative in which the defendant is released from custody if he or she agrees to court-ordered terms and restrictions.

plea bargaining

A pretrial activity that involves the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit, such as reduction of charges or dismissal of some charges.

clearing cases

In reference to the status of a criminal offense, knowing the perpetrator of the crime, as asserted by the police or prosecutor.

sentence bargaining

Negotiating with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea.

Missouri v. Frye and Lafler v. Cooper

The two cases that extended the constitutional rights of criminal defendants to effective counsel during plea negotiations.

trial penalty

The fact that the sentences for people who go to trial have grown harsher relative to sentences for those who agree to a plea.

court docket

The schedule of cases and hearings.

statute of limitations

The length of time between the discovery of the crime and the arrest of the defendant.

Klopfer v. North Carolina

The act that requires states to grant defendants a speedy trial.

Barker v. Wingo

The case in which the court ruled that the defendant’s failure to request a speedy trial does not negate the defendant’s right to a speedy trial.

Speedy Trial Act of 1974

The act that requires a specific deadline between arrest and trial in federal courts.

rules of evidence

Administrative court rules governing the admissibility of evidence in a trial.

contempt of court

A charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment.

gag order

A judge’s order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcast, or discussed publicly.