Seminar Midterm

crime

an act that violates a formal law, punishable by the legal system

deviance

an act that violates social norms

norms

social expectations

laws

formal rules set by the government anomie

anomie

social norms become weak

rule of law

principle that the law must be followed by everyone

judicial review

court can determine whether laws or government actions violate the constitution

procedural law

how legal system enforces laws and handles cases

substantive law

laws that decipher what is legal versus illegal and protect individual rights and liberties

adversarial system

two opposing sides argue their cases before a neutral decision-maker

inquisitorial system

the judge actively investigates the case

presumption of innocence

rights a person accused of a crime is considered innocent until proven guilty in a court of law

rights de jure

rights by law

rights de facto

rights in reality of practice

federalism

power is shared between the national and state governments

moral panic

fear of crime fuels desire for expressive justice

moral entrepreneurs

people who try to shape society's ideas of right and wrong

witch hunt

allegedly unfair or politically motivated attempt to find and punish supposed wrongdoing

discretion

freedom to choose how to handle a situation using your own judgment

indictment/true bill

formal criminal charge, not a conviction

arraignment

hearing where defendant is told charges and takes plea

burden of proof

responsibility to prove a claim or accusation in a legal case

public order crime

breaking laws that regulate behavior considered disruptive to society

capital punishment

death penalty

wedding cake model

high-profile cases receive special attention, while most cases are handled routinely

crime control model

stopping crime quickly and efficiently

due process model

fair treatment and protecting individual rights

criminal justice funnel

as cases move through the system, the number that reach each stage generally gets smaller

selective enforcement

choosing which laws to enforce and when