CRJ 1: Fundamentals of Criminal Justice

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20 Terms

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Acquittal

A court or jury’s judgment or verdict of “not guilty” of the offenses charged.

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Adjudication

The legal resolution of a dispute—for example, when one is declared guilty or not guilty—by a judge or jury.

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Aggravating Circumstances

Elements of a crime that enhance its seriousness, such as the infliction of torture, killing of a police or corrections officer, and so on.

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Arrest

The taking into custody or detaining of one who is suspected of committing a crime.

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Conflict Theory of Justice

Explains how powerful groups create laws to protect their values and interests in diverse societies. Rousseau.

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Consensus Theory of Justice

Explains how a society creates laws as a result of common interests and values, which develop largely because people experience similar socialization. Locke.

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Conviction

The legal finding, by a jury or judge, or through a guilty plea, that a criminal defendant is guilty.

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Crime control model

A model by Packer that emphasizes law and order and argues that every effort must be made to suppress crime and to try, convict, and incarcerate offenders.

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criminal justice flow and process

The movement of defendants and cases through the criminal justice process, beginning with the commission of a crime, and including stages that involve actions of criminal justice actors working within police, courts, and correctional agencies.

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determinate sentence

a specific, fixed-period sentence ordered by a court

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discretion

Authority to make decisions in enforcing the law based on one’s observations and judgement (“spirit of the law”) rather than the letter of the law

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due process model

A model by Packer that advocates defendants’ presumption of innocence, protection of suspects’ rights, and limitations placed on police powers to avoid convicting innocent persons

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ethics

A set of rules or values that spell out appropriate human conduct

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indeterminate sentence

A scheme whereby one is sentenced for a flexible time period (e.g. 5-10 yrs) so as to be released when rehabilitated or when the opportunity for rehabilitation is present

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mitigating circumstances

Circumstances that would tend to less the severity of the sentence, such as one’s youthfulness, mental instability, not having a prior criminal record, and so on

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parole

early release from prison, with conditions attached and under supervision of a parole agency

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prosecution

The bringing of charges against an individual, based on probable cause, so as to bring the matter before a court

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sanction

a penalty or punishment

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three strikes law

a crime control strategy whereby an offender who commits three or more violent offenses will be sentenced to a lengthy term in prison, usually 25 years to life

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wedding cake model of criminal justice

a model of the criminal justice process whereby a four-tiered hierarchy exists, with a few celebrated cases at the top, and lower tiers increasing in size as the seriousness of cases declines and informal processes (use of discretion) become more likely to occur.