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Foundational concepts and vocabulary of criminal justice
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crime
mala in se
mala prohibita
The 3 goals of the criminal justice system
doing justice, controlling crime, preventing crime
plea bargain
A defendant’s plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendant’s ultimate goal is a penalty lighter than the one formally warranted by the charged offense.
The 4 major characteristics of the criminal justice system
discretion, resource dependance, sequential tasks, filtering
dual court system
A system consisting of a separate judicial system for each state in addition to a national system. Each case is tried in a 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 there is reason to believe that the individual has committed a criminal offense. Police are limited to using 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 officers to take certain actions—for example, to arrest suspects or to search premises
released on own recognizance (ROR)
grand jury
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 as presented by a prosecuting attorney.
re-entry
The process through which formerly incarcerated individuals return to society and reintegrate into their communities.
felonies
Serious crimes carrying a penalty of death or of incarceration for more than one year.
misdemeanors
Offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail, or by probation or intermediate sanctions.
crime control model
A model of the criminal justice system that assumes freedom for the public to live without fear 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 people facing criminal charges.
due process model
A model of the criminal justice system that assumes freedom for individuals who are wrongly accused and risk unjust punishment 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